/

^ o n a l ^

» M 1 IT T PDAY Vi EDEMI REGISTER '9 3 4 ^ VOLUME 12 NUMBER 13 W a n t e d ^

Washington, Saturday, January 18, 1947

a size that will pack 80 grapefruit, packed CONTENTS TITLE 7— AGRICULTURE in accordance with the requirements Chapter IX— Production and Mar­ of a standard pack (as such pack is de­ Agriculture Department Pag® fined In the aforesaid United States Proposed rule making: keting Administration (Marketing standards), in a standard box (as such Com acreage allotments and Agreements and Orders) box is defined in the standards for con­ marketing quotas------402 [Grapefruit Reg. 80] tainers for citrus fruit established by the Rules and regulations: Florida Citrus Commission pursuant to Citrus fruits; limitation of ship­ Part 933—Oranges, Grapefruit, and section 3 of Chapter 20449, Laws of Flor­ ments : Tangerines Grown in the S tate of ida, Acts of 1941 (Florida Laws Annotated California and Arizona: F lorida § 595.09) ) ; Grapefruit------376 limitation of shipments (iii) Any' seedless grapefruit, other Lemons'______- 376 § 933.324 Grapefruit Regulation 80— than pink grapefruit, grown in the State O ranges______- 377 of Florida, which are of a size smaller Florida: j (a) Findings. (1) Pursuant to the mar­ than a size that will pack 96 grapefruit, Grapefruit______373 keting agreement, as amended, and the packed in accordance with the require­ O ranges------— 375 order, as amended (7 CFR, Cum. Supp., ments of a standard pack (as such pack Tangerines------— - 373 933.1 et seq.; 11 F. R. 9471) , regulating is defined in the aforesaid United States the handling of oranges, grapefruit, and standards), in a standard box (as such Civil Aeronautics Board tangerines grown in the State of Florida, Notices: issued under the applicable provisions box is defined in the aforesaid standards for containers for citrus fruit) ; or West Coast case; consolidation of the Agricultural Marketing Agreement (iv) Any pink grapefruit, grown in the of routes------402 Act of 1937, as amended, and upon the Rules and regulations: basis of the recommendations of the State of Florida, which are of a size smaller than a size that will pack 126 Forms and applications; reports committees established under the afore­ of ownership of stock and said amended marketing agreement and grapefruit, packed in accordance with the requirements of a standard pack (as other interests by officers and order, and upon other available informa­ directors of air carriers------379 tion, it is hereby found that the limita­ such pack is defined in the aforesaid tion of shipments of grapefruit, as here­ United States standards), in a standard Civilian Production Administra­ inafter provided, will tend to effectuate box (as such box is defined in the afore­ tion the declared policy of the act. said standards for containers for citrus Rules and regulations: (2) It is hereby further found that fruit). Chemicals not needed for allo­ compliance with the notice, public rule (2) As used herein, “variety,” “han­ cated uses, release (M-300, making procedure, and effective date re­ dler,” and “ship” shall have the same Revocation of Dir. 3)------390 quirements of the Administrative Pro­ meaning as is given to each such term Methanol (M-300, Revocation cedure Act (Pub. Law 404, 79th Cong.; in said amended marketing agreement of Dir. 6) ______—----- 390 60 Stat. 237) is impracticable and con­ and order. (48 Stat. 31, 670, 675; 49 Molasses, release for agricultural trary to the public interest in that the Stat. 750; 50 Stat. 246; 7 U. S. C. 601 uses (M-54, Revocation of Dir. time intervening between the date when et seq.) 1 and Dir. 2) (2 documents) „ 390 information upon which this regulation Done at Washington, D. C., this 16th Priorities system operation (PR is based became available and the time day of January 1947. 34)______— 388 when this regulation must become effec­ Surplus materials and equip­ tive in order to effectuate the declared [SEAL] s. R. S mith, ment; urgency certificates Director, Fruit and Vegetable (PR 13, Revocation of Dir. policy of the Agricultural Marketing Branch, Production and Mar­ Agreement Act of 1937, as amended, is 16)______390 insufficient for such compliance. keting Administration. Surplus property directives (b) Order. (1) During the period be­ [F. R. Doc. 47-575; Filed, Jan. 17, 1947;

/S\ CONTENTS— Continued CONTENTS-—‘Continued FEDERALÄREGISTER Federal Trade Commission Pa£* State Department— Continued Page V, l»3* Rules and regulations: Rules and regulations: Cease and desist orders: Surplus property located in for­ Siegel, Jacob, Co______379 eign areas; importation into Williams S. L. K. Labora­ U. S_------397 Published daily, except Sundays, Mondays, tories ------380 United S t a t e s Employment and days following official Federal holidays, Interior Department by the Division of the Federal Register, the See also Land Management, Bu­ Service National Archives, pursuant to the authority Rules and regulations: contained in the Federal Register Act ap­ reau of. proved July 26, 1935 (49 Stat. 500, as Notices: Fiscal affairs in connection with amended; 44 U. S. C., ch. 8B), under regula­ Firewood on public lands; emer- grants made for expenses of tions prescribed by the Administrative Com­ gency use by public____.___ 403 employment service adminis- ’ mittee, approved by the President. Distribu­ Nevada; withdrawal of public tration; instructions to State tion is made only by the Superintendent of agencies______331 Documents, Government Printing Office land for use of Bureau of Land Washington 25, D. C. . * Management as administra­ War Assets Administration The regulatory material appearing herein is tive site______403 Rules and regulations: keyed to the Code of Federal Regulations Land Management, Bureau of Personal property, disposal to which is published, under 60 titles, pursuant Notices : to section 11 of the Federal Register Act. as educational and public health amended June 19, 1937. Wyoming; stock driveway with­ institutions and instrumental­ ?he F ederal R egister will be furnished by drawal reduced______402 ities —...... 3% mall to subscribers, free of postage, for $1.50 Rules and regulations: War Department per month or $15.00 per year, payable in ad­ Nevada; creation and modifica­ vance. The charge for individual copies tion of grazing districts_____ 398 Rules and regulations: (minimum 150) varies in proportion to the Withdrawal of public lands : Lewiston Bombing Range, Mon­ size of the issue. Remit check or money Montana; used by War De­ tana; revocation of land with­ order, made payable to the Superintendent drawal ______379 of Documents, directly to the Government partment for aviation pur­ Printing Office, Washington 25, D. C. poses______398 There are no restrictions on the republica- Nevada; use as administra­ CODIFICATION GUIDE tion of material appearing in the F ederal tive site______398 xvEGISTER. A numerical list of the parts of the Code National Archives of Federal Regulations affected by documents Rules and regulations: published in this issue. Proposed rules, as Records, disposal______399 opposed to final actions, are identified as such in parentheses. NOTICE Post Office Department General notices of proposed rule Notices: Title 7— Agriculture Page making, published pursuant to Stamped envelopes, embossed; Chapter VH—Production and section 4 (a) of the Administra­ discontinued varieties again M a r k e ting Administration tive Procedure Act (Pub. Law 404, available______*______402 (Agricultural Adjustment): 79th Cong.; 60 Stat. 238), which Rules and regulations: Part 721—Corn (proposed) — 402 were carried under “Notices” prior International postal service; Chapter IX—Production and Mar­ to January 1, 1947, are now pre­ transportation charges for sented in a new section entitled conveyance of foreign mail by keting Administration (Mar­ “Proposed Rule Making”. Rela­ U. S. air carriers______393 keting Agreements and Or- j ders): tionship of these documents to Price Administration, Office of material in the Code of Federal Rules and regulations: Part 933—Oranges, grapefruit, Regulations, formerly shown by Defense rental areas: and/tangerines grown in Flor- 4 cross reference under the appro­ Hotels, rooming houses and ida (3 documents)______373,375 : priate Title, is now indicated by motor courts (Am. 102) __ 395 ' Part 953—Lemons grown in Cal­ a bold-face citation in brackets at Miami (Am. 24)______392 ifornia and Arizona______376 the head of each document. New York (Am. 31)____ 393 vPart 955—Grapefruit grown in Hawaii; certain commodities Arizona and Imperial and Riv- (RMPR 373, Am. 119)_____ 390 I erside Counties, California.— 376 4 CONTENTS— Continued Procedure; miscellaneous ^Part 966—Oranges grown in Cal­ amendments (Am. 2)______390 ifornia and Arizona.______377 ¥ Sugar: Defense Transportation, Office Pa&e Direct consumption (MPR 60, Title 10— Army; War Depart­ of Am. 8)------391 ment Rules and regulations: <* Raw cane (MPR 16, Am. 5)__ 391 Chapter V—Military reservations Rail equipment, conservation 401 Exceptions (2 documents)__ 401 Securities and Exchange Com- and national cemeteries: mission ' Part 501—List of Executive or­ Federal Communications Com­ Notices : ders; proclamations, and pub­ mission Hearings, etc.: lic land orders affecting mili­ Rules and regulations: Consumers Power Co. and tary reservations______'__ 379 y Extension of lines and discon­ Michigan Gas Storage Co__ 404 Title 14— Civil Aviation tinuance of service by car- Indiana Gas & Water Co., Inc. 404 riers------399 Pacific Coast Mortgage Co— 403 Chapter I—Civil Aeronautics Organization, practice and pro­ • Board: cedure ______399 State Department Part 280—Forms and applica­ Notices : tions______379 Federal Power Commission German diplomatic or consular Notices : establishments in U. S., for­ Title 16— Commercial Practices Hearings, etc.: mer; control of certain docu­ Chapter I—Federal Trade Com- Savannah River Electric Co— 403 ments and other items re­ j mission: Texas Gas Utilities Commis­ moved from personal property Rart 3—Cease and desist orders j sion------403 of staffs_____,______402 J (2 documents)______379,380' Saturday, Ja nuary 18, 1947 FEDERAL REGISTER

_ />AiMEir a t i/^ ri /'nine (2) As used herein, “handler” and CODIFICATION GUIDE— Con. CODIFICATION OUIUC v-on. ««ship» Shall have the same meaning as . . paee is given to each such term in said Title 19—Customs Duties Page Title 49—Transportation and r * amended marketing agreement and Chanter I—Bureau of Customs: Railroads . order. J part 6—Air commerce regula- j Chapter II—Office of Defense (48 stat. 31, 670, 675; 49 Stat. 750; 50 +ions ______:____ 381 v Transportation: /Stat 246; 7 U. S. C. 601 et seq.) tions------^ v p art 500—Conservation of rail /o iai. ¿w, . Title 29— Labor / equipment > ______— 401v Done at Washington, D. C., this 16tn Chapter I—U. S. Employment »Part 520—Conservation of rail day of January 1947. Service: equipment; exceptions, per- [seal] S. R. Smith, -I part 25—Instructions to State mits, and special directions'^ / Director, Fruit and Vegetable agencies relative to fiscal af- documents)------;— Branch, Production and Mar- fairs in connection with keting Administration. grants made for expenses of ^ _ — ¿ 7 vir- puetj j an 17 1947; employment service adminis- amended marketing agreement and the [ * * • 4 8;46’ a. m.]’ tra tio n ...... -...... order, as amended (7 CFR, Cum. Supp., Title 32__National Defense 933.1 et seq.; 11 P. R. 9471), regulating i. rimntpp rx-—Office of Temporary the handling of oranges, grapefruit, and [Orange Reg. 108] PiRT93 3 -0 MNCKS. 0 , _ , T T »S- Administration. the Agricultural Marketing Agreement gerines Grown in the State of F lorida Note: Regulations and orders ap- Act of 1937, as amended, and upon the limitation of shipments pearing under this chapter are listed the recommendations of the only in the Table of Contents, supra. ^m lttees established under the afore- §933.323 Orange RegulaUm lOS-. Chapter XI—Office of Temporary said amended marketing agreement and (a) Findings. (1) I^rsuant _ o Controls, Office of Price Ad- order, and upon other available informa- amended ministration: tion, it is hereby found that the limita- order, as amended (7 CTR. Cum Supp. .. ^ tion of shipments of tangerines, as here- 933.1 et seq., 11 F. R- 9471), regulating Note: Regulations and orders ap- tion oi snip ^ tend ^ effectuate the handling of oranges, grapefruit, and pearing under this chapter are listed . ..’ * +Viq art taneerines grown in the State of Florida, only in the Table of Contents, supra. ^ " i t f S y furtheffound that fssuld under the applicable provisions of Chapter XXIII—War Assets Ad- compliance with the notice, public rule the Agricultural Marketing Agreement ministration: making procedure, and effective date re- Act of 1937, as amended, a,nd po Part 8314—Disposal to nonprofit quirements of the Administrative Pro- basis of the r^nm endations ol tn9 institutions and discounts for cedure Act (Pub. Law 404, 79th Cong.; committees established under the afore- educational or public-health go Stat. 237) is impracticable and con- said amended marketing agreenwnt a d institutions or instrumental!- trary to the public interest in that the order, and upon other ties______396 time intervening between the date when tion, it is hereby found that the limita- *1 Chapter" XXIV—Department of information upon which this regulation tion of shipments of orange^^as here n- State, Disposal* of Surplus is based became available and the time after provided, will tend to effectuate tne Property: when this regulation must become ef- declared policy of the act. 1 Part 8508—Disposal of surplus , fective in order to effectuate the de- (2) It is hereby further oun property located in foreign J dared policy of the Agricultural Market- compliance with area* J ...... 397 J jng Agreement Act of 1937, as amended, making procedure, and effective date re areas------¿insufficient for such compliance. quirements of the Administrative Pro- Title 39—Postal Service ^ order (1) During the period be- cedure Act (Pub. Law 404, 79th Cong., Chapter I—Post Office Depart- ginning at ¿2:01 a. m., e. s. t., January 60 Stat. 237) is impracticable and con- merit: , 20 1947, and ending at 12:01 a. m., e. s. t., trary to the public interest in that the 4,Part 21—International postal February 3, 1947, no handler shall ship: time intervening between the date wnen service------.------——------398 i q y Any tangerines, grown in the State information upon which this regulation , j , . , nf Florida which grade U. S. No. 2 Rus- is based became available and the time Title 43—Public Lands: Interior u S No 3 or lower than U. S. No. 3 when this regulation must become effec- Chapter I-B ureau of Land Man- S¿de (as such grades are defined in the tive in order to effectuate the declared agement: U S . Standards for Tangerines, issued policy of the Agricultural Marketing 4 Part 162—List of orders creat- bv the United States Department of Agri- Agreement Act of 1937, as amended, is ing and modifying grazing j Suture effective September 29, 1941, as insufficient for such compliance, districts— ------398 afitur^nec»ve oeyv (b) 0rder> Except as otherwise pro- Appendix—Public land orders: “ id Any tangerines, grown in the vided in paragraph (b) (2) of this sec- 1341-----—------—------j:/ otfltp of Florida, which are of a size tion: . , 338------398 / gSteTtiutti the size that will pack 210 (1) During the period beginning at ■339------398 1 tangerines> packed in accordance with 12:01 a. m e. s t., January 20, Title 44— Public Property and the requirements of a standard pack (as ending at a. m., . ... i cnrh nack is defined in the aforesaid 3, 1947, no handler shall snip. ^ 0r^S , . U S Standards) in a half-standard box (i) Any oranges, including Temp e Chapter I—National Archives: I U. »• btanoarasi, m a m oranges, grown in the State of Florida, Jpart o, records- 399 V (ms.de wS^de U. S. CombmattodE^set. Title 47—Telecommunication (iii) Any tangerines, grown in the U. S. No. 2 Russet. U. S. No. , Chapter I—Federal Communica- state of Florida, which are of a size than U. S. _No 3 ^f^, ^ ^ b g aaes / tions Commission: larger than the size that will pack 120 are defined in the United States sta dar 4 Part 1—Organization, practice, / tangerines, packed in accordance with for citrus fruits (11 F . R. » or and procedure------— - 399 * R eq u irem e n ts of a standard pack (as (ii) Any oranges^ except Temple or- 4 Part 63—Extension of lines and such ¿ack is defined in the aforesaid anges, grown in the State of Florida^ discontinuance of service by j u. S. Standards), in a half-standard box which are of a size sma , , . carriers------3997 R d e dimensions 9% x 9% x 19% that will pack 250h0fira ^ P e^ smofac; *p . l. 0 . 339. Inches; capacity 1,726 cubic inches). cordance with the requirements o 376 RULES AND REGULATIONS standard pack (as s^ch pack is defined in the aforesaid United States stand­ hereinafter provided, will tend to effec­ [Lemon Reg. 205] ards), in a standard box^Cas such box tuate the declared policy of the act. is defined in the standards for containers (2) It is hereby further found that Part 953—Lemons Grown in the States for citrus fruit established by the Florida compliance with the notice, public rule of California and Arizona making procedure,-and effective date re­ Citrus Commission pursuant' to section quirements of the Administrative Pro­ LIMITATION OF SHIPMENTS 3 of Chapter 20449, Laws of Florida cedure Act (Pub. Law 404, 79th Cong., 2d § 953.312 Lemon Regulation 205—(a) «I* %941 (Florida Laws Annotated S 595.09)). Sess.; 60 Stat. 237) is impracticable and Findings. (1) Pursuant to the market­ contrary to the public interest in that ing agreement and the order (7 CFR (2) During the period specified in par­ Cum. Supp,, 953.1 et seq.), regulating the agraph (b) (1) of this section, no han- the time intervening between the date when information upon which this regu­ hia^d ,1rg of lemons grown in the State dler shall ship any oranges which are in­ lation must become effective in order to of California or in the State of Arizona cluded in the variety comprising Valen­ issued under the applicable provisions of cia, Lue Gim Gong, and similar late- effectuate the declared policy of the Ag- ïftim*'Ural ^ arketmg Agreement Act of the Agricultural Marketing Agreement- • maturing oranges of the Valencia type • 1937, as amended, is insufficient for such Act of 1937, as amended, and upoTthe TT o Which grade U. S. No. 1 Russet, compliance. basis of the recommendation and infor­ tt o' i ï 0' Combination Russet, mation submitted by the Lemon Admin­ U. S, No. 2 Russet, U. S. No. 3, or lower (b) Order, ’(1) During the period be- ?onnínfr,a^ 19:91 a* m-> P* s- t., January istrative Committee, established under than U. S. No. 3 grade, as such grades 19, 1947, and ending at 12; 01 a. m. the said marketing agreement and order are defined in the United States stand­ and upon other available information it ards for citrus fruits (Il F. R 13239) • P. s. fcr^March 2, 1947, no handler shall or „ ’ ship; is hereby found that the limitation’of (i) Any grapefruit grown in the State the quantity of such lemons which may • (üi Which are of a size larger than a of Arizona; in Imperial County, Cali- be handled, as hereinafter provided, will size that will pack 176 oranges, packed in forma, or in that part of Riverside tend to effectuate the declared policy of accordance with the requirements of a County, California, situated south and the act. standard pack (as such pack is defined east of the San Gorgonio Pass, which (2) It is hereby further found that in the aforesaid United States stand- grade lower than U. S. No. 2 grade, as compliance with the notice, public rule ards) in a standard box (as such box is such grades are defined in the U.' S. making procedure, and effective date re­ defined in the standards for containers Standards for California and Arizona quirements of the Administrative Pro­ for citrus fruit established by the Florida cedure Act (Pub. Law 404, 79th Cong. Citrus Commission pursuant to Section Grapefruit, issued by the United States Department of Agriculture, effective 2d Sess.; 60 Stai^ 237) is impracticable’ 3 of Chapter 20449, Laws of Florida, Acts March 15, 1941; or and contrary to the public interest in n (Florida Laws Annotated § 595.09)). (ii) From the State of California or that the time intervening between the (3) As used herein, “handler,” “va­the State of Arizona (a) to any point date when information upon which the riety, and “ship” shall have the same outside thereof in the United States, any regulation is based became available and meaning as is given to each such term in such grapefruit which are of a size the time when this regulation must be­ said amended marketing agreement and smaller than 3*%$ inches in diameter, come effective in order to effectuate the order. or (b) to any point outside thereof in declared policy of the Agricultural Mar­ Canada, any such grapefruit which are (48 Stat. 31, 670, 675; 49 Stat. 750; 50 keting Agreement Act^ of 1937, as of a size smaller than 3%e inches in amended, is insufficient for such com­ Stat. 246; 7 U. S. C. 601 et seq.) diameter (“diameter” in each case to be pliance. measured midway at a right angle to a Done at Washington, D. C., this 16th (b) Order. (1) The quantity of lem­ day of January 1947. straight line running from the stem to the blossom end of the fruit), except that ons grown in the State of California or [seal] s. R. S mith, a tolerance of 5 percent, by count, of in the State of Arizona which may be Director, Fruit and Vegetable grapefruit smaller than such minimum be handled during the period beginning Branch, Production and Mar­ sizes shall be permitted, which tolerances at 12; 01 a. m., P. s. t., January 19, 1947, keting Administration. shall be applied in accordance with the and ending at 12:01 a. m., P. s. t., Janu­ IF. R. Doc. 47-577; Filed, Jan. 17, 1947- provisions for the application of toler­ ary 26, 1947, is hereby fixed at 250 cai * 8:46 a. m.] ances, specified in the said U. S. Stand­ loads, or an equivalent quantity. ards for California and Arizona Grape­ (2) The prorate base of each handler fruit: Provided, That in determining [Grapefruit Reg. 42] who has made application therefor, as the percentage of grapefruit in any lot provided in the said marketing agree­ P art 955—Grapefruit Grown in the which are smaller than 3^6 inches in ment and order, is hereby fixed in ac­ tate of rizona in mperial ounty diameter, such percentage shall be based S A ; I C , cordance with the prorate base schedule California; and in That P art of River­ only on the grapefruit in such lot which side County, California, Situated are of a size 4%e inches in diameter which is attached hereto and made a S outh and East of the San Gorgonio and smaller; and in determining the per­ part hereof by this reference. The P ass __ » centage of grapefruit in any lot which Lemon Administrative Committee, in are smaller than 3 inches in diam­ accordance with the provisions of the LIMITATION OF SHIPMENTS eter, such percentage shall be based only said marketing agreement and order, § 955.303 Grapefruit Regulation 42— on the grapefruit in such lot which are shall calculate the quantity of lemons (a) Findings. (1 ) Pursuant to the mar­ of the size 313/i6 inches in diameter and which may be handled by each such keting agreement and the order (7 CFR smaller. handler during the period specified in Cum. Supp., 955.1 et seq.) regulating the « i ? \ ,As 1186(1 herein» “handler” and subparagraph (1) of this paragraph. handling of grapefruit grown in the ship” shall have the same meaning as (3) As used in this section, “handled,” State of Arizona; in Imperial County, is given to each such term in said market­ boxes,” “handler,” “carloads,” and “pro­ California; and in that part of Riverside' ing agreement and order. County, California, situated south and rate base” shall have the same meaning (48 Stat. 31, 670, 675; 49 Stat. 750; 50 as is given to each such word in the said east of the San Gorgonio Pass, issued Stat. 246; 7 U. S. C. 601 et seq.) under the applicable provisions of the marketing agreement and order. Agricultural Marketing Agreement Act Done at Washington, D. C., this 16th (48 Stat. 31, 670, 675; 49 Stat. 750; 50 of 1937, as amended, and upon the basis day of January 1947. Stat. 246; 7 U. S. C. 601) of the recommendation of the Adminis­ [seal] S. R. Smith, Done at Washington, D. C., this 16th trative Committee established under the Director, Fruit and Vegetable Of January 1947. said marketing agreement and the said Branch, Production and Mar­ order, and upon other available infor­ keting Administration. ^SEAL^ S. R. Smith, mation, it is hereby found that the limi­ Director, Fruit and Vegetable IF. R. Doc, 47-578; Filed, Jan, 17, 1947; tation of shipments of such grapefruit, as 8:46 a. m.] Branch, Production and Mar­ keting Administration. 377 Saturday, January 18, 1947 FEDERAL REGISTER

P rorate B ase S chedule—Continued come effective in order to effectuate the P rorate Base Schedule Prorate declared policy of the Agricultural Mar­ [Storage Date: January 12, 1947. Regulation Handler base percent keting Agreement Act of 1937, as amend­ 1 Period No. 205. 12:01 a. m. Jan. 19, 1947, ed, is insufficient for such compliance. to 12:01 a. m. Feb. 2, 1947] Whittier Citrus Association------0.742 Prorate Whittier Select Citrus Association— . 436 (b) Order. (1) The quantity of Handler "base percent oranges grown in the State of California Total C. F. G. E______- 85.566 or in the State of Arizona which may be Total______100.000 handled during the period beginning at Allen-Young Citrus Packing Co------0 000 Arizona Citrus Products Co------• 005 12:01 a. m., P. s. t., January 19,1947, and American Fruit Growers, Fullerton. 482 Chula Vista Mutual Lemon Associa­ ending at 12:01 a. m., P. s. t., January 26, .000 tion ______American Fruit Growers, Lindsay.. .729 1947, is hereby fixed as follows: American Fruit Growers, U pland... .429 Escondido Co-Op. Citrus Association. Glendora Co-Op. Citrus Association. .226 (1) Valencia organes, (a) Prorate Consolidated Citrus Growers...... - . 034 .278 Districts Nos. 1,2, and 3, no movement. CorofiaT Plantation Co------;------* « 5 Index Mutual Association------La Verne Co-Op. Citrus Association.. 1.554 (ii) Oranges other than Valencia Hazeltine Packing Co...... — *984 .092 Leppla-Pratt, Produce Distributors Libbey Fruit Packing C o ...------oranges, (a) Prorate District No. 1, 600 .000 Orange Co-Op. Citrus Assaciation— .198 carloads; (b) Prorate District No. 2, 600 Inc------— ------.032 McKellips, C. H.-Phoenix Citrus Co. .000 Pioneer Fruit Co------carloads; and (c) Prorate District NO. 3, McKellips Mutual Citrus Growers Tempe Citrus Co------* unlimited movement. % . .009 Ventura Co. Orange & Lemon Asso­ Inc------1.972 (2) The prorate base of each handler^ Phoenix Citrus Packing Co-----;------.000 ciation.______who has made application therefor, as Ventura Coastal Lemon Co------1- 271 Whittier Mutual Orange & Lemon Association------;------.136 provided in the said order, is hereby fixed Ventura Pacific Co—-— ------*• I®' in accordance with the prorate base Total A. F. G—...... 4.841 Total M. O. D...... 6- S'71 schedule which is attached hereto and made a part hereof by this reference. Arizona Citrus Growers------— -139 Abbate, Chas. Co., The------.054 The Orange Administrative Committee, Atlas Citrus Packing Co------.023 Desert Citrus Growers Co. Inc...... - • 099 .008 in accordance with the provisions of the Mesa Citrus G r o w e r s ..------— -109 California Citrus Groves, Inc., Ltd- said order, shall calculate the quantity of Elderwood Citrus Association------— .107 El Modena Citrus, Inc------.132 réunir Citrus Association— ------4. 503 Evans Bros. Pkg. Co.—Riverside----- .187 oranges which may be handled by each Lemon Cove Association------1.858 Evans Bros. Pkg. Co.—Sentinel Butte such handler during the period specified Glendora Lemon Growers Associa­ Ranch ______.203 in subparagraph (1) of this paragraph. tion— ------1.010 Foothill Packing Co------.000 (3) As used herein, “handled,” “han­ La Verne Lemon Association------.380 Harding & Leggett------. »478 dler,” “carloads,” .and “prorate base” La Habra Citrus Association------— .885 Orange Belt Fruit Distributors------1.351 shall have the same meaning its is given Yorba Linda Citrus Association----- .274 Potato House, The------.000 to each such term in the said order; and Alto Loma Hts. Citrus Association.. .462 Raymond Bros------«900 Etiwanda Citrus Fruit Association— .254 Rooke, B. G., Packing Co------.000 "Prorate District No. 1,” “Prorate Dis­ Mountain View Fruit Association- .438 San Antonio Orchard Co------• 073 trict No. 2,” and “Prorate District No. 3 ' Old Baldy Citrus Association------1.202 Sun Valley Packing Co------• 000 shall have the same meaning as is given Upland Lemon Growers Association. 3.478 Sunny Hills Ranch, Inc------• 202 to each such term in § 966.107 of the Central Lemon Association...------.460 Valley Citrus Packing Co...------— .000 rules and regulations (11 P. R. 10258) is­ Irvine Citrus Association------1.197 Verity, R. H„ Sons & Co------.193 sued pursuant to said order. (48 Stat. Placentia Mutual , Orange Assoca- Western States Fruit & Produce Co. .018 31, 670, 675; 49 Stat. 750; 50 Stat.^246; tion______—------• 353 Corona Citrus Association------.287 Total independents------2.922 7 U. S. C. 601 et seq.) Corona Foothill Lemon Co------—— 1.406 [F. R. Doc. 47-580; Filed, Jan. 17, 1947; Done at Washington, D. C., this 16th Jameson Co______- • *®® 8:45 a. m.] day of January 1947. Arlington Heights Fruit Co------• 479 College Heights Orange & Lemon As­ [S E A L ] s. R. S m i t h , sociation ______- 1- 997 Director, Fruit and Vegetable Chula Vista Citrus Association------1.118 [Orange Reg. 161] Branch, Production and Mar­ El Cajon yalley Citrus Association. _ . 600 keting Administration. Escondido Lemon Association------6. 525 P art 966—Oranges Grown in the States Fallbrook Citrus Association------2.545 of California and’Arizona P rorate B ase Schedule Lemon Grove Citrus Association------. 577 LIMITATION OF SHIPMENTS [Orange Regulation Period No. 161. 12:01 San Dimas Lemon Association------1.436 a. m. Jan. 19, 1947, to 12:01 a. m. Jan. 26, Carpintería Lemon Association------1.828 § 966.307 Orange Regulation 161—(a) 1947] Carpintería Mutual Citrus Associa­ Findings. (1) Pursuant to the provi­ ALL ORANGES OTHER THAN VALENCIA ORANGES tion ______!------— - 2.441 sions of the order (7 CFR, Cum. Supp., Goleta Lemon Association------2.974 966.1 et seq.) regulating the handling of Prorate District No. 1 Johnston Fruit Company------6.162 Prorate North Whittier Heights Citrus Asso­ oranges grown in the State of California ciation ______- 1.612 or in the State of Arizona, issued under Handler base percent San Fernando Heights Lemon Associ­ the applicable provisions of the Agricul­ T otal__ 100.0000 ation ______—------■'------2.698 tural Marketing Agreement Act of 1937, San Fernando Lemon Association— 1. 564 A. F. G. Lindsay..------1- as amended, and upon the basis of the A. F. G. Porterville------2.2890 Sierra Madre-Lamanda Citrus Asso­ recommendation and information sub­ ciation _,t______1.675 Cooperative Citrus Association------..7141 Tulare County Lemon & Grapefruit mitted by the Orange Administrative Dofflemyer, W. T------^502 Association ______—------7.477 Committee, established under the said Elderwood Citrus Association------*• ¿b01 Briggs Lemon Association------1.058 order, and upon other available informa­ Exeter Citrus Association------3.0741 tion, it is hereby found that the limita­ Exeter Orange Growers Association. . 6513 Culbertson Investment Co------• 463 Exeter Orchards Association------1-1191 Culbertson Lemon Association------.966 tion of the quantity of such oranges Hillside Packing Corp------1.6479 Fillmore Lemon Association------1.429 which may be handled, as hereinafter Ivanhoe Mutual Orange Associa­ Oxnard Citrus Association No. 1------. 619 provided, will tend to effectuate the de^. tion . . . ______— 1.1500 Oxnard Citrus Association No. 2------3.917 dared policy of the act. / Citrus Association— ------4. 7135 Rancho Sespe ______- • 427 (2) It is hereby further found that Lemon Cove Association------1- 5001 Santa Paula Gitrus_ Fruit Associa­ Lindsay Citrus Growers Associa- tion ______2.512 compliance with the notice, public rule making procedure, and effective date re­ tio n ______. . . . . 2. 7984 Saticoy Lemon Association------2.761 Lindsay Coop. Citrus Association— 1.4537 Seaboard Lemon Association------2.280 quirements of the Administrative Pro­ Lindsay District Orange Co------1- 4560 Somis Lemon Association______- • 465 cedure Act (Pub. Law 404, 79th Cong., Lindsay Fruit Association------1.9991 Ventura Citrus Association------1.098 2d Sess.; 60 Stat. 237) is impracticable Lindsay Orange Grqwers Associa- Limoneira Co______- • 739 and contrary to the public interest in tiQïl ______1. oooo Teague-McKevett Association------. 426 that the time intervening between the Naranjo Packing House Co------• 9335 East Whittier Citrus Association— _ .714 date when information upon which this Orange Cove Citrus Association----- 2.7044 Leffingwell Rancho Lemon Associa­ regulation is based became available and Orange Packing Co------1.1475 tion ___ ... ______------— mm .328 Orosi Foothill Citrus Association— 1.3377 Murphy Ranch Co____ .1- 225 the time when this regulation must be- 378 RULES AND REGULATIONS

P robate B ase Schedule—Continued P rorate B ase Schedule—Continued P rorate Base Schedule—Continued ALL ORANGES OTHER THAN VALENCIA ORANGES__ continued ALL ORANGES OTHER THAN VALENCIA ORANGES__ ALL ORANGES OTHER THAN VALENCIA ORANGES— continued continued Prorate District No. 1—Continued Prorate District No. 2—Continued Prorate District No. 2—Continued •v r, Prorate rr , Prorate Handler hase percent . . Handler "base percent .. Prorate / Faloma Citrus Fruit Association__ 1. 1746 Glendora Citrus Association______0. 7792 Handler "base vpmpn f Pogue Packing House, J. E_____ „ , 7222 Glendora Heights O. & L. Growers El Camino Citrus Association_____ 0 5045 Rocky Hill Citrus Association..___ 2.1416 Association___i______1475 Indian Hill Citrus Association..!” 1.1322 Sanger Citrus Association______3.1799 Gold Buckle Association______3,3282 Pomona Fruit Growers Association. 1 9140 Sequoia Citrus Association______, 8711 La Verne Orange Association, The_ 5. 3106 Walnut Fruit Growers Association! . 375« Stark Packing Corp______~~ 2. 4148 Anaheim Citrus Fruit Association. _ , 0608 West Ontario CitrusAssociation.. l 5181 Visalia Citrus Association_____ 6698 Anaheim Valencia Orange Associa! El Cajon Valley Citrus Association! .3651 Waddell & Son______IZZZ l. 9474 tion._ 0165 Escondido Orange Association___ .5403 Butte County Citrus Association, San- Dimas Orange Growers Asso­ Eadington Fruit Co., Inc.__” ” ” ” '3379 ciation ______j 151g E ic------^ 8519 Fullerton Mutual Orange Associa­ James Mills Orchard Corp__ 1.1698 tion------.2589 Covina CitrusAssociation ______1 5571 Orland Orange Growers Association, Covina Orange Growers Association! La Habra Citrus Association. ____ ~ .1449 .4877 TJ Zr-----C ------6969 Orange Co. Valencia Association__ Duarte-Monrovia Fruit Exchange- .5232 Baira-Neece Corp______i ______-m 2 7922 .0254 Ball & Tweedy Association______Orangethorpe Citrus Association. _ .0236 .1382- Beattie Association, Agnes M____ I ’ 6072 Placentia Coop. Orange Association. Cancga Citrus Association.._!” ! ” .0625 Grand View Heights Citrus Associa- .0508 N. Whittier Heights Citrus Associa! Yorba Linda Citrus Association, tion ______;___ ,-H o n ------2.0572 The______.0260 .1117 Magnolia Citrus Association____ _ 2. 2477 Alta Loma Heights Citrus Associa­ San Fernando Fruit Growers Asso­ Porterville Citrus Association___ I 1. 3926 ciation______tion______.3803 .2974 Richgrove-Jasmine Citrus Associa! Citrus Fruit Growers______San Fernando Heights Orange Asso­ .7174 ciation______tion ------1. 4846 Cucamonga Citrus Association__ .5934 .3221 Sandilands Fruit Co______, 0000 Etiwanda Citrus Fruit Association.. Sierra Madra Lamanda Citrus Asso! Strathmore Coop. Association___ .2174 dation______7240 Mountain View Fruit Association. _ . 1562 .2320 Strathmore District Orange Asso Old Baldy Citrus Association____ _ Camarillo Citrus Association___ II .0094 elation______. 4262 Fillmore Citrus Association______1. 6705 Rialto Heights Orange Growers__ _ .4401 1. 2195 Strathmore Fruit Growers Associa- Upland Citrus Association______2.1993 OJai Orange Association___ III!!! 9734 tion ------1 2227 Upland Heights Orange Association. .9566 Piru Citrus Association.______” { 1637 Strathmore Packing House Co___ _ 1 4097 Consolidated Orange Growers____ _ . 0303 Santa Paula Orange Association.!!! .1101 j Sunflower Packing Corp____ 2 0382 Garden Grove Citrus Association!. Tapo Citrus Association______.0107 ____ 2. 7055 .0208 Sunland Packing House Goldenwest Citrus Association, The. .0887 East Whittier Citrus Association_ .0162 Terra Bella Citrus A ssociation..... 1.3505 Olive Heights Citrus Association. .0443 El Ranchito Citrus Association___ .0000 Tule River Citrus Association__ _ 1. 1656 Santa Ana-Tustin Mutual Citrus Rivera Citrus Association______.0000 Jensen, M. N______2 3632 Association______.0277 WMfrtjer Citrus Association______, 3036 Kroells Brothers, Ltd___ IIIIIII” 1. 5414 Santiago Orange Growers Associa­ Whittier Select‘ Citrus Association. .0583 Lindsay Mutual G roves.... 1 8388 tion ______. 1604 Anaheim Coop. Orange Association. .0545 * £ 5 » . * ? r— _------IIIIIII 1.' 1258 Tustin Hills Citrus Association___ .0324 Bryn Mawr Mutual Orange Associa­ Stivers Packing Co .7715 Villa Park Orchards Association, tion ______.4955 Woodlake Packing House..” 1. 7122 Inc., The______< Chula Vista Mutual Lemon Asso­ R. M. C. Porterville______.0377 ciation______1. 9834 Bradford Bros., Inc______””” .2260 .1424 Abbate Co., The Chas___” II .9223 Placentia Mutual Orange Associa! Escondido Coop. Citrus Association. .0982 Anderson Packing Co., R. M_ .7367 tio n ______;____ Euclid Avenue Orange Association. 2.3321 Baker Brothers______~ . 1813 .1033 Placentia Orange Growers Associa­ Foothill Citrus Union, Inc______.0822 California Citrus Growers, Inc., tion ______Fullerton Coop. Orange Association. Ltd______.2507 .0521 1. 8323 Call Ranch______.6824 Garden Grove Orange Coop______.0378 Chess Company, Meyer W___ .0000 Corona Citrus Association______Glendora Coop. Citrus Association. . .0764 . . . Edison Groves Co______——” 11 .7134 .0000 Jameson Co______!______~~~~ .3681 Golden Orange Groves, In c .i____ _ .3870 Edison Orange Growers Associa Highland Mutual Groves, Inc tion ______Orange Heights Orange Association. .8402 .4078 .0000 Break & Son, Allen______.2717 Index Mutual Association______.0039 Evans Brothers Packing Co 4798 La Verne Coop. Citrus Association- 2. 6238 Furn, N. G...... ” 3437 Bryn Mawr Fruit Growers Associa! tio n ______1. 0405 Olive Hillside Groves, Inc______.0307 Ghianda Ranch______.0227 Crafton Orange Growers Associa­ Orange Coop. Citrus Association. _ .0599 Harding & Leggett______III” ” ” 1 4283 t io n ------1.3208 Redlands Foothill Groves______2.1036 Lo Bue Bros___ i Redlands Mutual Orange Associa! Marks, W. & M_ .4516 E. Highlands Citrus Association___ . 4088 .4682 Fontana Citrus Association______, 4348 tion______.9995 Raymond Bros. . 1390 Riverside Citrus Association____ _ Reimers, Don H______0Q00 Highland Fruit Growers Associa- .4565 __ tion...... 6527 Ventura County O. & L. Associa­ Rooke Packing Co., B. G o' 8991 Krinard Packing Co______1 5559 tion ______Snyder & Sons Co., W A ...... 1482 .8339 Mission Citrus Association .7167 Whittier Mutual O. & L." Associa! Toy, Chin______—_I” ...... 0000 tio n _;______Webb Packing Co., Inc” I ” II” ” I Redlands Coop. Fruit Association._ 1. 6740 .0635 .0000 Redlands Heights Groves______.9068 Babijuice Corp. of California_II.il .3345 Western States Fruit & Produce Co Banks Fruit Co______Wollenman Packing Co______.0000 Redlands Orangedale Association.. .9443 .2413 .7920 Redlands Orange Growers Associa­ California Fruit Distributors!” I lI 0832 Woodlake Heights Packing Corp .8873 tion ___ T____ ;______Cherokee Citrus Co., Inc______/ 1.1117 Zaninovich Bros., Inc______1.1505 .6809 Redlands Select Groves______.5350 Chess' Co., Meyer W______” ” ’ 3172 Prorate District No. 2 Rialto Citrus Association. ____ !” 5494 El Modena Citrus, Inc______.0801 Rialto Orange Co______!!! . 3595 Evans Bros. Packing Co______.7805 Total. 100.0000 Southern Citrus Association______, 9780 Gold Banner Association______l. 8720 United Citrus Growers______t 6944 Granada Packing House______1.1416 A. F. G. Alta Loma______.3432 Zilen Citrus Co______1* 0671 Hill, Fred A______.6949 A. F. G. Fullerton______.0554 Arlington Heights Fruit C o ll!!” ” ' 4192 Inland Fruit Dealers, Inc.” I llI ” .2080 A. F. G. Orange______.0393 Brown Estate, L. V. W______1’ 7633 Orange Belt Fruit Distributors__ _ 2.3992 A. F. G. Redlands______;_____ " .3415 Elephftnt Orchards_____ IIIIIIII” ! 0000 Panno Fruit Co., Carlo______.1314 A. F. G. Riverside______.8233 Gavilan Citrus Association.____ L6183 Paramount Citrus Association__ _ .2639 Corona Plantation Co!____ . 9654 Hemet Mptual Groves______. 3095 Placentia Pioneer Valencia Grs. Hazeltine Packing Co___ ””” .1027 Highgrove Fruit Association.!_” ” ' 6872 Association______.0740 Signal Fruit Association____ j_ .7055 McDermont Fruit Co______~ 7232 Riverside Growers, Inc______.5134 Azusa Citrus Association!” ” ” ” .9479 Mentone Heights Association. ” ” I .7579 San Antonio Orchard^ Association. 1.1364 Azusa Orange Co., Inc___ ! 1317 Monte Vista Citrus Association_.il 1.1042 Snyder & Sons Co., W. A______\ 9879 Damerel-Allison Co___ !!!!!!!!!!! l 1757 National Orange Co______.8313 Torn Ranch______H” .0470 Glendora Mutual Orange Associa­ Verity & Sons Co., R. H__ IIIIIIII tion______Riverside Heights Orange Growers 0996 .4796 Association______j 3915 Wall, E. T.______1.4222 Irwindale Citrus Association. ” ” J .3448 Sierra Vista Packing Association__ . 6765 Western Fruit Grs., Inc., Redlands. 2. 5549 Puente Mutual Citrus Association.. .0471 Victoria Ave. Citrus Association__ 2.2922 Yorba Orange Growers Association. . 0327 Valencia Heights Orchards Associa­ Claremont Citrus Association_____ . 9656 tion______.1984 [F. R. Doc. 47-579;" Filed, Jan. 17, 1947; College Heights O. & L. Association. 1.0043 8:45 a. m.] 379 Saturday, January 18, 1947 FEDERAL REGISTER

SCHEDULE (52 Stat. 984, 1000, as amended; 49 U. S. C. 425, 487) TITLE 10— ARMY: WAR I. Data as to individual reporting. DEPARTMENT 1. Name; By the Civil Aeronautics Board. 2. Address; [ s e a l ] M. C. M u l l i g a n , Chapter V— Military Reservations 3. Principal occupation; Secretary. and National Cemeteries 4. AH air carrier positions held (indicate title of-position and name of air carrier); [P. R. Doc. 47-463; Filed, Jan. 17, 1947, Part 501—List op Executive Orders, 1 8:49 a. m.] 5. Positions held as officer, director or Proclamations, and Public Land. Or­ member of ( 1) common carriers (other than ders Affecting Military Reservations air) - (2) enterprises engaged in any other TITLE 16— COMMERCIAL r e v o c a t i o n o f l a n d w i t h d r a w a l , l e w i s - phases of aeronautics; (3) enterprises whose principal business is that of holding securi­ PRACTICES t o n BOMBING RANGE, MONTANA ties and/or control of air carriers, common Cross R e f e r e n c e : For order affecting carriers, and enterprises which are engaged Chapter I— Federal Trade Commission the tabulation contained in § 5011, see in any other phases of aeronautics (giving [Docket No. 8403] Public Land Order 339 under Title 43, title of position and name of company or infra, which revokes Public Land Order enterprise). . .. P art 3__Digest of Cease and D esist 6. Append the following declaration to the Orders 134 withdrawing certain lands for use report: “I hereby declare that this report, by the War Department for aviation including documents attached hereto has JACOB SIEGEL CO. purposes. . . been examined by me, and to the best of § 3.6 (c) Advertising falsely or mis­ mv knowledge and belief is a true, correct, and complete report, made in good faith, for leadingly—Composition of goods: § 3.55 the period stated.” Execute the declaration, Furnishing means and instrumentalities TITLE 14— CIVIL AVIATION affixing date and signature. of misrepresentation or deception: § 3-96 Chapter I— Civil Aeronautics Board II. Data as to stock or other interests. (a) Using misleading name—Goods— The categories for which data shall be set Composition. In connection with the [Regs. Serial No. 384[ forth are as foUows: (1) Interests held in air offering for sale, sale and distribution in carriers, (2) Interests held in other common Part 280—F orms and Applications commerce, of respondent’s coats desig­ carriers, (3) Interests held in any enterprise nated “Alpacuna” coats, or any other REPORTS OF OWNERSHIP OF STOCK AND OTHER engaged in any phase of aeronautics other than air carriers, (4) Interests held in enter­ coats of substantially similar composi­ INTERESTS BY OFFICERS AND DIRECTORS OF prises whose principal business is that of tion, under whatever name sold, (1) rep­ AIR CARRIERS holding securities and/or control of air car­ resenting that respondent's coats contain Adopted by the Civil Aeronautics Board riers, other common carriers, or enterprises guanaco hair; (2) representing that the at its office in Washington, D. C., on the which are engaged in any phase of aero­ Angora goat hair or mohair used in re­ 3d day of January 1947. nautics other than air carrier. For each of spondent’s coats is imported from Turk­ The Civil Aeronautics Board, acting the foregoing categories, the following data estan or any other foreign country; (3) shall be set forth: , „ _ pursuant to the Civil Aeronautics Act of A. Name of enterprise (corporate or other­ representing through the use of drawings 1938, as amended, particularly section wise) in which interest is or was held at any or pictorial representations, or in any 205 (a), and for the purpose of imple­ time during the period covered by report. other manner, that respondent’s coats menting section 407 (c) thereof; having B Class of interest, such as common stock, contain fibers or materials which they do afforded interested persons an oppor­ preferred stock, rights, options, etc.; and not in fact contain; (4) representing that tunity to participate in the making of description of bonds, notes, or other in­ coats made of fabrics which have a t-hfo; revision, having given full considera­ struments evidencing Interest or ownership. cotton backing are composed entirely (Give names and addresses of all persons. of wool or of wool and hair, (5) using tion to all relevant matters presented; (1) by whom any part of the foregoing items and finding that it is desirable that all were held for reporting individual, (2) for any advertising matter or causing, aiding, reports covering the past year be uni­ whom any part of the foregoing items were encouraging, or promoting the use by form, and that this fact constitutes good held by reporting individual; (3) who held dealers of any advertising matter which cause for making this regulation effective Joint interest with reporting individual in purports to disclose the constituent fibers without delay ; hereby amends § 280.1 of any part of the foregoing items, and state or materials of coats composed in part the Economic Regulations in its entirety, nature of the relationship and the principal of cotton, unless such advertising matter business of such persons.) clearly discloses such cotton content to read as follows, effective January 3, C. Number of shares or amount of eacn 1947: item reported under "B" held as of the last along with such other fibers or materials, day of the period covered by report. or, (6) using the word "Alpacuna , or § 280.1 Reports of ovmership of stock any other word which in whole or in part and other interests by officers and direc­ D. On all items reported under ‘C which equal 5% or more of the total outstanding is indicative of the word “vicuna , to tors of air carriers—(a) Report required. amount of the same class, show such per­ designate or describe respondent s coats, At the times and in the manner herein­ centages. _ , ., or otherwise representing, directly or by after provided, each officer and each di­ E. Indicate by "Yes" or "No whether re­ implication, that respondent’s coats con­ rector of each air carrier shall transmit porting individual controlled and/or exer­ tain vicuna fiber; prohibited, subject to to the Board a report describing the cised ALL voting rights of the items reported the provision, however, that nothing shares of stock or other interests held by •under "B”. If the answer is "No , state him in any air carrier, any person en­ amount of voting rights not controlled or herein shall prohibit use of the word Al­ exercised by reporting individual arid give pacuna to refer to respondent’s garments gaged in any phase of aeronautics, or any the names, addresses, and principal business if in immediate connection and conjunc­ common carrier, and in any person whose of persons cdntrolling and/or -exercising such tion therewith, wherever used, there ap­ principal business, in purpose or in fact, voting rights. pear words clearly and conspiciously is the holding of stock in, or control of, F. MaTlTiru,m amount held during period designating all the constituent materials air carriers, other persons engaged in any covered by report. ~ . phase of aeronautics, or common carriers. G. On all items reported under F which or fibers therein contained. (Sec. 5, ¿a (b) Time for reporting. Not more equal 5 % or more of the total then out­ Stat. 719, as amended by sec. 3, 52 Stat. than thirty days after such officer or standing amount of the same class, show 112* 15 U. S. C., sec. 45) [Modified cease director is first elected or appointed, a such percentages. and’ desist order, Jacob Siegel Company, report shall be filed covering the period H. Minimum amount held during period Docket 3403, December 5, 1946] from January 1st of the preceding year covered by report. At a regular session of the Federal to the date of election or appointment; (d) General. The reporting require­ Trade Commission, held at its office in subsequently, a report shall be filed, on or ments contained in this regulation have the City of Washington, D. C., on tne before March 1st of each year, covering been approved by the Bureau of the 5th day of December A. D. 1946. such portion of the preceding calendar Budget in accordance with the Federal This proceeding having heretobefore year as has not been previously reported, Reports Act of 1942; and C. A. B. Form been heard by the Federal Trade Com­ or the full year if he so desires. 2786 (prepared in conformity with the mission and an order to cease and desist (c) Schedule of data. Such report Schedule) is available on request for the having heretobefore been entered by it, shall be prepared in accordance with the convenience of individuals reporting. tvhich order was reversed pursuant to a following schedule: 380 RULES AND REGULATIONS mandate of the Supreme Gourt of the writing setting forth in detail the man- United States by the United States Cir­ ner and form in which it has complied cation, with respect to said medicinal cuit Court of Appeals for the Third Cir­ with this order. preparation “Williams Formula” (l) cuit on May 23, 1946, and remanded to It is further ordered, That no pro­ that said preparation will stimulate di­ the Commission for further proceedings gestion; (2) that its use (a) eliminates in conformity with the opinion of the vision in this order shall be construed waste material from the kidneys or (b) Supreme Court, particularly for the if Hevdng respondent in any respect builds up the quality of the blood* (3) Commission to consider and determine ol the necessity of complying with the that said preparation is an iron tonic whether qualifying language or some requirements of the Wool Products which will significantly increase the change of name short of excision would Labeling Act of 1939 and the authorized hemoglobin content of the blood; (4) eliminate the deception which the Com­ rules and regulations thereunder. that said preparation contains natural mission found lurking in respondent’s By the Commission. herbs; (5) that said preparation is the trade name “Alpacuna,” and in the judg­ equivalent of several good medicines; (6) ment of the Commission adequately [seal] Otis B. J ohnson, that said preparation will act on’ the satisfy the ends of the Federal Trade Secretary. whole digestive system; (7) that said Commission Act and at the same time [P. R. Doc. 47-51Ï; Piled, Jan. 17, 1947; preparation is effective in the treatment save said trade name; 8:50 a. m.] of constipation in excess of affording And the Commission having further temporary relief by reason of its laxative considered said matter, and being of the qualities; or, . (8) that said preparation opinion that the deception resulting from will relieve irritated kidneys; or which the use of said trade name can be elimi­ [Docket No. 5179] advertisements fail to reveal that the nated by the use, in connection with„ P art 3—Digest of Cease and D esist medicinal preparation “Williams For­ said name, of qualifying or explanatory Orders '• mula” should not be used by one suffer- language as hereinafter set forth, the ing _ from abdominal pains, nausea, Commission now issues this its modified williams s. l. k . laboratories vomiting, or any other symptom of ap­ order to cease and desist: § 3.6 (a 10) Advertising falsely or pendicitis; prohibited, subject to the It is ordered, That the respondent, misleadingly — Comparative data or provision, however, that any such ad­ Jacob Siegel Company, a corporation, merits: § 3.6 (c) Advertising falsely or vertisements need contain only the and its officers, representatives, agents, misleadingly — Composition of goods: statement, “Caution: Use Only As Di­ and employees, directly or through any § 3.6 (n) Advertising falsely or mislead­ rected,” if and when the directions for corporate or other device, in connection ingly—Nature—Product: § 3.6 (y 10) Ad­ use, wherever they appear, on the label, with the offering for sale,' sale and dis­ vertising falsely or misleadingly—Scien­ m the labeling, or both on the label and tribution in commerce, as “commerce” tific or other relevant facts: § 3.6 (dd 10) in the labeling, contain a warning to is defined in the Federal Trade Commis- Advertising falsely or misleadingly_ the above effect. (Sec. 5, 38 Stat. 719 sion Act, of respondent’s coats designated Success, use or standing: § 3.71 (e) Neg­ as amended by sec. 3, 52 Stat. 112;’ Alpacuna” coats, or any other coats of lecting, unfairly or deceptively, to make 15 U. S. C:* sec. 45b) [Cease and desist substantially similar composition, under material disclosure—Safety., In con­ order, Williams S. L. K. Laboratories, whatever name sold, do forthwith cease nection with the offering for sale, sale Docket 5179, December 6, 1946] and desist from: and distribution of respondent’s medic­ At a regular session of the Federal 1. Representing that respondent’s inal preparations “Rux Compound” and Trade Commission, held at its office in coats contain guanaco hair, ‘Williams Formula”, or any other medic- the City of Washington, D. C., on the 6th 2. Representing that the Angora goat lnal preparations of substantially day of December A. D. 1946. • hair or mohair used in respondent’s similar composition or possessing sub­ coats is imported from Turkestan or any stantially similar properties, whether, In the Matter of H. L. Williams, an In­ other foreign country. sold under the same names nr under any dividual Trading as Williams S. L. K. 3. Representing through the use of other names, disseminating, etc., any Laboratories drawings or pictorial representations, advertisements by means of the United 4.i-T « s ProceedinS having been heard by or in any other manner, that respond- States mails, or in commerce, or by any the Federal Trade Commission upon the . craits contain fibers or materials means to induce, etc., directly or indi­ complaint (respondent paving filed no which they do not in fact contain rectly, the purchase in commerce, etc. answer herein) and a stipulation as to 4. Representing that coats made of of respondent’s said preparations, which the facts entered into between the re­ fabrics which have a cotton backing are advertisements represent, directly or by spondent herein and Richard P. White- composed entirely of wool or of wool and implication, A, with respect to said hair. ley, Assistant Chief Counsel for the Com­ medicinal preparation “Rux Compound” mission, which stipulation provides, 5. Using any advertising matter or (1) that said preparation will salicylate among other things, that without further causing, aiding, encouraging, or promot­ the system; (2) that said preparation evidence or other intervening procedure ing the use by dealers of any advertising constitutes a proved method for reliev­ the Commission may issue and serve matter which purports to disclose the ing rheumatic pains; (3) that the in­ upon the respondent herein findings as to constituent fibers or materials of coats gredients of said preparation will be the facts and conclusion based thereon composed in part of cotton, unless such absorbed in the blood stream within any and an order disposing of the proceeding, advertising matter clearly discloses such specific period of time; (4) that said and the Commission having made its cotton content along with such other preparation will reduce congestion of the findings as to the facts and its conclu­ fibers or materials. joints in rheumatism; (5) that said prep­ sion that said respondent has violated 6. Using the word “Alpacuna”, or any aration affords complete or permanent the provisions of the Federal Trade Com­ other word which in whole or in part is relief from the pain of rheumatism; (6) mission Act : indicative of the word “vicuna”, to desig­ that irritating acids accumulate in the kidneys, or that said preparation will It is ordered, That the respondent, nate or describe respondent’s coats, or « t tr Williams, trading as Williams otherwise representing, directly or by flush out the kidneys; (7) that said prep­ o. L. K. Laboratories, or under any other implication, that respondent’s coats con- aration will keep the blood alkaline; (8) that the ingredients of said preparation name, his representatives, agents, and tam vicuna fiber; provided, however, that employees, directly or through any cor­ nothing herein shall prohibit Use of the or any of them, act directly upon the source or cause of pain; (9) that said porate or other device, in connection word Alpacuna to refer to respondent’s with the offering for sale, sale, and dis­ garments if in immediate connection and preparation is unexcelled as an anti­ conjunction therewith, wherever used pyretic and analgesic for common pains tribution of respondent’s medicinal there appear words clearly and conspicu- and agony; (10) that neuralgia spasms preparations “Rux Compound” and ously designating all the constituent are caused by a toxic condition, or that Williams Formula,” or any other medic­ materials or fibers therein contained. said preparation will relieve the pain of inal preparations of substantially sim­ . JtJ s further ordered, That the respon­ neuralgia spasms; or, (11) that said ilar composition or possessing substan­ dent shall, within sixty (60) days after preparation has any therapeutic value tially similar properties, whether sold service upon it of this modified order, in the relief of pain in excess of provid­ under the same names or under any nie with the Commission a report in ing temporary relief of minor pain; or other names, do forthwith cease and de­ B, which represent, directly or by impli­ sist from directly or indirectly: Saturday, January 18, 1947 FEDERAI REGISTER 1. Disseminating or causing to be dis­in the labeling, contain a warning to the TITLE 29— LABOR seminated, by means of the United above effect. States mails or by any means in com­ 3. Disseminating or causing to be dis­ Chapter I— United States Employment merce, as “commerce” is defined in the seminated, by any means, for the purpose Service, Department of Labor Federal Trade Commission Act, any ad­ of inducing, or which is likely to induce, directly or indirectly, the purchase in Part 25—I nstructions to State Agencies vertisement which represents, directly R elative to Fiscal Affairs in Con­ or by implication: commerce, as “commerce” is defined in A. With, respect to said medicinal the Federal Trade Commission Act, of nection With Grants Made for Ex ­ preparation “Rux Compound”: respondent’s said preparations, any ad­ penses of Employment Service Admin­ (1) That said preparation will salicyl­ vertisement which contains any repre­ istration ate the system. sentation prohibited in paragraph 1 Pursuant to the authority vested in (2) That said preparation constitutes hereof or which fails to comply with the me by the act approved June 6, 1933, as a proved method for relieving rheumatic provisions of paragraph 2 hereof. amended (48 Stat. 113), Title IV of the pains. . - It is further ordered, That the respond­ Servicemen’s Readjustment Act of 1944, (3) That the ingredients of said ent shall, within sixty (60) days after as amended (58 Stat. 284), the Labor- preparation will be absorbed in the service upon him of this order, file with Federal Security Appropriation Act, 194T blood stream within any specific period the Commission a report iji writing (Pub. L. 549, 79th Cong., 2nd Sess.), of time. setting forth in detail the manner and R. S. 161, and Executive Order No. 9617, (4) That said préparation will reduce form in which he has complied with (10 F. R. 11929), and for the purpose of congestion of the joints in rheumatism. this order. maintaining an effective national sys­ (5) That said preparation affords By the Commission. tem of public employment offices, the following instructions are hereby pro­ complete or permanent relief from the [seal] Otis B. J ohnson, pain of rheumatism. Secretary. mulgated. (6) That irritating acids accumulate [F. R. Doc. 47-510; Filed, Jan. 17, 1947; SUBPART A— GENERAL STANDARDS in the kidneys, or that said preparation Sec. will flush out the kidneys. 8:51 a. m.] 25.1 Statutory requirements. (7) That said preparation will keep 25.2 State fiscal practice. the blood alkaline. 25.3 Evidence of State practice. TITLE 19— CUSTOMS DUTIES 25.4 Funds accruing from custody or ex­ (8) That the ingredients of said prep­ penditure of granted funds. aration, or any of them, act directly Chapter I— Bureau of Customs, 25.5 Funds available from sources other upon the source or cause of pain. Department of the Treasury than grants. (9) That said preparation is unex­ 25.6 Advisory councils. celled as an antipyretic and analgesic [T. D. 51601] 25.7 Litigation court costs. 25.8 Legal defense for employees including for common pains and agony. P art 6—Air Commerce R egulations (10) That neuralgia spasms are defense for Hatch Act violations. caused by a toxic condition, or that said REDESIGNATION OF BAUDETTE MUNICIPAL AIR­ 25.9 Insurance; fire, flood, tornado, or PORT, BAUDETTE, M INN., AS AN AIRPORT OF other elements. preparation will relieve the pain of 25.10 Motor vehicle liability or property neuralgia spasms. ENTRY damage Insurance. (11) That said preparation has any January 13,1947. 25.11 Bonding for the protection of the therapeutic value in the relief of pain in The Baudette Municipal Airport, Bau- administration fund. excess of providing temporary relief of dette, Minnesota, is hereby designated as 25.12 Retirement and workmen’s compensa­ an airport of entry for civil aircraft and tion. minor pain. 25.13 Unemployment compensation cover­ B. With respect to said medicinal merchandise carried thereon arriving age of State agency employees. preparation “Williams Formula”: from places outside the United States, as 25.14 Payments to State agencies other than (1) That said preparation will stimu­ defined in section 9 (b) of the Air Com»- the agency charged with adminis­ late digestion. merce Act of 1926 (U. S. C. title 49, sec. tration of theSState Employment (2) That its use 179 (b)), for a period of 1 year from Service. (a) Eliminates waste material from January 1,1947. 25.15 Federal taxes. the kidneys. The list of temporary airports of entry 25.16 State sales taxes. (b) Builds up the quality of the blood. in § 6.13, Customs Regulations of 1943 25.17 Payments for services performed by (3) That said preparation is an iron (19 CFR, Cum. Supp., 6.13), is hereby agency employees. tonic which will significantly increase amended by inserting therein the loca­ SUBPART B— STANDARDS RELATIVE TO PERSONNEL the hemoglobin content of the blood. tion and name of this airport, date desig­ MANAGEMENT (4) That said preparation contains nated, and the period “1 year.” 25.18 Salary adjustments and advance­ natural herbs. Notice of the proposed designation of ments. (5) That said preparation is the the Baudette Municipal Airport was pub­ 25.19 Basis for agency salaries. equivalent of several good medicines. lished in the F ederal Register on No­ 25.20 Leave. (6) That said preparation will act on vember 30, 1946 (11 F. R. 13976), pur­ 25.21 Compensatory overtime leave. the whole digestive system. suant to section 4 of the Administrative 25.22 Payment for overtime. (7) That said preparation is effective Procedure Act (Public Law 404, 79th SUBPART C— STANDARDS RELATIVE TO PENALTY in the treatment of constipation in ex­ Congress). The designation shall be M AIL :0. cess of affording temporary relief by effective on January 1, 1947, the delayed 25.23 Statutory basis for transmittal of offi­ reason of its laxative qualities. effective date requirements of section cial State Employment Service (8) That said preparation will relieve 4 (c) of the Administrative Procedure postal matter without prepayment of postage. irritated kidneys. Act being dispensed with for the reason 25.24 Limitation of use of penalty privilege. 2. Disseminating or causing to be dis­that the public convenience will be served 25.25 Limitation of expenditure for postage. seminated, by means of the United by making the customs facilities avail­ States mails or by any means in com­ able at once. The designation of this SUBPART D— FISCAL MANAGEMENT STANDARDS merce, as “commerce” is defined in the airport is based on a determination that 25.26 Audits conducted by agencies other Federal Trade Commission Act, any ad­ a sufficient need exists to justify such than the United States Employment vertisement which fails to reveal that designation and the designation is made Service, U. S. Department of Libor. the medicinal preparation “Williams for the purpose of providing for con­ 25.27 Workload analysis study. Formula” should not be used by one suf­ venient compliance with customs re­ 25.28 Financial reports. fering from abdominal pains, nausea, quirements. 25.29 Certificates. vomiting, or any other symptom of ap­ 1 (Sec. 7 (b), 44 Stat. 572; sec. 611, 58 Stat. SUBPART E— TRAVEL STANDARDS . pendicitis; provided, however, that any 714; 49 U. S. C., Sup., 177 (b) ). 25.30 General. such advertisement need contain only 25.31 Allowable expenses. the statement, “Caution: Use Only as [seal] E. H. Foley, Jr., 25.32 Persons eligible for reinbursement of Directed,” if and when the directions for Acting Secretary of the Treasury. travel expenses. use, wherever they appear, on the label, ]F. R. Doc. 47-507; Filed, Jan. 17, 1947; 25.33 Travel status. in the labeling, or both on the label and 8:47 a. m.] 25.34 Official station. No. 13----- 2 382 RULES AND REGULATIONS Sec. the conditions under which administra­ 25.35 Authorisation of travel expenditures. specific approval thereof by the head of 25.36 Mode and route of travel. tive acts are to be performed are clear the State agency or. his authorized rep­ 25.37 Maximum subsistence and mileage evidence of State practice. In the ab­ resentative for that purpose. rates. sence of such specific laws and State 25.38 Reimbursable expenses to be specified. regulations, the Department of Labor will § 25.9 Insurance; fire, flood, tornado 25.39 Vouchers and receipts. consider as evidence of State practice a or other elements. Granted funds may 25.40 Leave of absence during travel. custom or usage which meets the follow­ not be used to secure insurance coverage against loss by fire, flood, tornado, or SUBPART P— STANDARDS RELATIVE TO AUTOMOBILES ing definition and which conclusively established: other elements except upon a showing of 25.41 Expenditures for agency-owned auto­ special circumstances involving an un­ mobiles. State practice is an established cus­ tom or usage accepted and generally ap­ usual degree of risk. In adopting this SUBPART G----STANDARDS RELATIVE TO TRANSPORTA­ policy, however, the Department of Labor T IO N OP HOUSEHOLD GOODS AND EFFECTS plied as an expenditure control in the fiscal administration of the State gov­ stands ready to authorize the use of 25.42 Transportation of household goods ernment. granted funds for replacements in the and effects. event of such loss—it being preferred to ' SUBPART H— STANDARDS RELATIVE TO RENTAL OF § 25.4 Funds accruing from custody authorize such use of granted funds in PREMISES or expenditure of granted funds. All particular cases when necessary rather 25.43 Rental of premises. amounts accruing from the custody or than to approve the payment of annual 25.44 Rent applied toward cost of purchase expenditure of funds granted pursuant premiums to purchase such insurance or construction of buildings. to the Wagner-Peyser Act and Public protection for all of the property in­ Law 549, 79th Cong., including interest volved. If in any State there is in effect SUBPART I— STANDARDS RELATIVE TO REPAIRS AND on deposits thereof, are a part of the ALTERATIONS a State law creating a State fund for the granted funds and all of the Depart­ payment of losses sustained by State 25.45 Repairs and alterations. ment of Labor fiscal policies applicable properties through fire, flood, tornado, or SUBPART J — PROCUREMENT STANDARDS to granted funds are applicable to other elements, to which fund payments 25.46 General. amounts so accruing. are made on a pro rata basis for all State 25.47 Authorization for purchases. § 25.5 Funds available from sources departments whose properties are pro­ 25.48 Competition. other than grants. Funds, facilities,5and tected thereby, and from which fund 25.49 Invitation to bid. services which are made available to a moneys will be available for the replace­ 25.50 Opening of bids. ment of property loss sustained by the 25.51 Awards. State agency constitute factors relevant to the determination of amounts to be State agency through fire, flood, etc., SUBPART K— EQUIPMENT STANDARDS granted as necessary for the proper and granted funds may be used to pay for the efficient administration of a State Em­ pro rata share of the State agéney of the 25.52 Equipment and furniture. ployment Service. cost of such self-insurance by a State, 25.53 Equipment control records. and will, in connection with future 25.54 Proceeds from sale of equipment. § 25.6 Advisory councils. Granted grants, consider the availability of such SUBPART L— GENERAL PROVISIONS funds may be used for payment of ex­ funds for replacements of such property penses incurred by a State agency in losses of the State agency. 25.55 Administrative responsibility of the connection with the functioning of ad­ State agency. § 25.10 Motor vehicle liability or prop­ 25.56 Implementing instructions. visory councils established in accordance with State law and applicable FedeMl re­ erty damage insurance. Granted funds Au th o r ity : §§25.1 to 25.56 inclusive quirements for the purpose of adminis­ may be used to pay the cost of protecting issued under R. S. 161, 48 Stat. 113, 53 Stat. tering the State Employment Service members of the public against injury to 1424, 58 Stat. 293, Pub. Law 549, 79th Cong.; program. person or property occasioned by the 5 Ü. S. C. 22, 29 U. S. C. 49-49l, 38 U. S. C. operation by State employees of motor 695-695f; E. O. 9247, Sept. 17, 1942, 3 CFR §-25.7 Litigation, court costs. Granted Cum. Supp., E. O. 9617, Sept. 19, 1945, 3 . vehicles in the discharge of the State’s CFR 1945 Supp.; secs. 201, 203, Reorg. funds may be used for the payment of business, or the payment of awards, Plan. No. 1, effective July 1, 1939, 3 CFR court costs in connection with litigation judgments, or settlements, if:— Cum. Supp. incident to the administration of the (a) State law permits any one, or a State-wide system of public employment combination, of the following methods SUBPART A—GENERAL STANDARDS offices. of protection: § 25.1 Statutory requirements. The § 25.8 Legal defense of employees in~ (1) Liability or property damage in­ Wagner-Peyser Act, as amended (48 eluding defense for Hatch Act violations. surance; and Stat. 113), and Public Law 549, 79th Granted funds may not be used for: (2) Waiver of sovereign immunity and Congress, under which a State is granted (a) Expenses incurred in connection suit against the State itself; settlement, Federal funds for the administration of with the defense or representation, in subject only to the availability orfunds its State-wide system of public employ­ civil or criminal proceedings, of officials for their payment. ment offices, require that such funds be or employees of a State agency who are (b) The payment of the cost of insur­ expended solely for the purposes and in involved in proceedings for acts, in the ance, judgments, awards or settlements the amounts found necessary by the course of their official duties, which are with respect to all agencies which are Secretary of Labor, United States De­ alleged to be either unlawful or a derelic­ supported principally by funds from partment of Labor, for proper and effi-. tion of duty, except to the extent that sources other than the general fund of cient administration of the State-wide the State agency has an interest in de­ the State, is made out of such special system of public employment offices. • fending the legality of the act which funds. forms the basis of the proceedings. (c) Where public liability or property § 25.2 State fiscal practice. In de­ damage insurance is authorized and termining whether an expenditure, or (b) Salary payments for periods of time devoted to services performed in Utilized by other agencies of the State, proposed expenditure, is necessary for the premium charged is fair and reason­ proper and efficient administration of a connection with the representation of the State or of the State agency personnel, able and is calculated on the same basis State-wide system of public employment for all covered agencies or on a basis offices, the Department of Labor will in civil or criminal proceedings under the provisions of the act of Congress en­ which is fair and reasonable as between giye important weight to the existence all covered agencies. of an established State practice. In all titled, “An Act to Prevent Pernicious Political Activities,” approved August (d) The payment of premiums, or the circumstances an established State prac­ payment of judgments, awards, or settle­ tice is only one of the factors which will 2, 1939 (53 Stat. 1147), as amended, commonly referred to as the Hatch Act. ments, may properly be made from the be used in determining the necessity of administration fund. the expenditure by the State agency. (c) Employment of special or private counsel to represent the State, the § 25.11.. Bonding for the protection of § 25.3 Evidence of State practice. agency, or its officials, or employees, in the administration fund. Bonds for the State laws and regulations covering the proceedings involving tlie State Em­ protection of the Stgte Employment State’s fiscal administration which are ployment Service program, except upon Service administration fund are not re­ specific as to the amounts to be paid or a prior showing of necessity therefor and quired. Saturday, January 18, 1947 FEDERAL REGISTER 383 § 25.12 Retirement and workmen’s agency (or agencies) furnishing such the class, except where otherwise pro­ compensation. Granted funds may be goods or facilities or services. vided for by State law or applicable ap­ used for payment of the State agency’s (d) As to services, in addition to the proved Merit System Rule. proper share of the cost of protecting its condition set out above, the services are § 25.19 Basis for agency salaries. The employees under State retirement and not of a kind usually and generally made Department of Labor, in determining workmen’s compensation laws, Provided, available to all or similar agencies of the personal service costs which are neces­ That: State as a part of general State admin­ sary for proper and efficient administra­ (a) The State law is compulsory in its istration, without charge against such tion of a State Employment Service, Will application to the employees of the agencies. give consideration to prevailing rates for agency, or, in the case of a law which is § 25.15 Federal taxes. Specific ex­ comparable positions in other depart­ elective, an effective election has been emptions in the excise tax provisions of ments of the State and to other relevant made and the State or agency is by law the Federal Revenue Code, as amended, factors. In applying the principles of required to pay a part or all of the cost of render such taxes inapplicable to many comparability where a State Employ­ the protection furnished to the employ­ commodities and facilities sold or fur­ ment Service is operating under a State­ ees of the agency. nished to State agencies, i. e., telephone, wide classification and compensation (b) Where such payment takes the telegraph, cable and radio messages; plan, the provisions of which are man­ form of premiums for insurance or of automobiles, automobile parts, tires, in­ datory upon substantially all State de­ contributions to‘ a State fund, the pro­ ner tubes, lubricating oil and gasoline; partments including the State agency, ceeds of such insurance or the State fund electric, gas and oil appliances (such as salary comparability is considered to be are used solely for the payment of bene­ fans, air circulators and heaters); elec­ established without further evidence. fits or compensation to employees enti­ tric light bulbs and tubes; leather and In the case of an agency operating under tled thereto under the State law, and, in imitation leather brief cases; wire and its own classification and compensation those cases where the law establishing equipment in connection with burglar plan, evidence is needed concerning the such a State fund so provides, the neces­ and fire alarm services; electrical energy; comparability of the Salaries under the sary cost of administration. and transportation. Accordingly, funds agency’s classification plan and prevail­ (c) The rate of contribution is calcu­ granted by the Department of Labor ing salary levefls for comparable posi­ lated on the same basis for all.State under the Wagner-Peyser Act are not tions, or classes of positions, in other agencies, or, if more than one basis is available for the payment of such taxes. departments of the State. authorized under the laws of the State, the basis of calculation for the agency is § 25.16 State sales taxes. In accord­ § 25.20 Leave. Granted funds may be fair and reasonable as compared w ith. ance with the decision of the Comptroller used for expenditures incident to grant­ that for other State agencies. General of the United States of June 19, ing leaves in accordance with the State (d) Any separate charge made for ad­ 1942 (21 Comp. Gen. 1119), granted agency’s approved attendance and leave ministrative costs of the retirement or funds may be used for the payment of regulations. workmen’s compensation system is in State-sales taxes which State agencies § 25.21 Compensatory overtime leave. accordance with the Department of are legally required to pay to vendors in Granted funds'may be used for expendi­ Labor policy covering payments for serv­ connection with purchases of supplies or tures for salary during periods of com­ ices performed for the State agency by services necessary for the proper and pensatory leave granted for overtime other agencies of the State. efficient administration of a State Em­ services performed by State ageney (e) The payments from the State ployment Service, without regard to employees. Such compensatory leave Employment Service administration fund whether the legal incidence of the tax is should be granted at times which least are legal under State law. upon the vendor or the vendee. interfere with the efficient operation of § 25.13 Unemployment compensation § 25.17 Payments for services per­ the agency and should be granted in coverage of State agency employees. formed by agency employees. Granted accordance with established administra­ Granted funds may be used for payment funds may not be used for salary pay­ tive controls. Such controls should re­ of either the full or partial contributions ments to officials or employees of a State quire that authorization for overtime necessary to cover the employees of a agency for which the agency has not services be given in advance and in writ­ State Employment Service under the un­ received: ing by the employees’ immediate super­ employment compensation law of that (a) With respect to each official and visor and that such authorization be State, if : employee whose total salary is paid from filed along with the records of overtime (a) The State law is compulsory in its granted funds, full-time attention to services performed for compensatory application to the employees of the State duties necessary for the proper and ef­ leave granted. agency or, in the case of a law which is ficient administration of the State Em­ § 25.22 Payment for overtime. elective, an effective election has been ployment Service program, unless other­ Granted funds may be used for expend­ made and the State or agency is by law wise expressly provided in the agency's itures for payment of salary for overtime required to pay a part of all of the con­ approved compensation plan; or services performed by State agency em­ tributions. (b) With respect to each official and ployees under conditions authorized by (b) The payment is legal under the employee whose salary is paid in part State regulations. State law, i. e., properly chargeable to from granted funds, that proportion of Where under State regulations there the State Employment Service admin­ time devoted to such “necessary” duties is an option given for the payment of istration fund. as is substantially equivalent to the pro­ salary for overtime services in lieu of § 25.14 Payments to State agencies portion of the individual's total salary compensatory time off, such payment other than the agency charged with ad­ which is paid from granted funds, unless should be made within 60 days from the ministration of the State Employment otherwise expressly provided in the time the overtime services are per­ Service. Funds granted under the Wag- agency’s approved compensation plan. formed. The costs for the payment of ner-Peyser Act may not be used to meet SUBPART B—STANDARDS RELATIVE TO PER­ overtime must be absorbed within the the cost incurred by States in furnish­ SONNEL MANAGEMENT funds granted. ing goods, facilities, or services to a State § 25.18 Salary adjustments and ad­ .SUBPART C—STANDARDS RELATIVE TO PEN­ agency by or through some other agency vancements. Granted funds may be ALTY MAIL of State government unless: used for the payment of salary adjust­ § 25.23 Statutory basis for transmit­ (a) Such cost under State law cam ments or salary advancements which properly be charged to funds so granted. tal of official State Employment Service (b) Such cost constitutes an extra are legal under State law or applicable postal matter without prepayment of identifiable expense of the State which approved Merit System Rule. Such postage. The Wagner-Peyser Act au­ would have been unnecessary except for salary advancements may include those thorizes and directs the Postmaster Gen­ the administrative needs of the State made in recognition of efficiency and eral to extend to all State employment Employment Service. length of service in accordance with systems, which receive funds appropri­ (c) Such cost is readily ascertainable State law or applicable approved Merit ated under the authority of that act, the either by (1) segregation or (2) as a System Rule. Appointments shall be privilege of free transmittal of official pro rata share of the cost to the State made at the minimum of salary rate fdr mail matter. The act of June 28, 1944 384 RULES AND REGULATIONS

(58 Stat. 394, 39 U. S. C. 321c) provides and shall submit reports thereof as re­ which has been appropriately authorized. that: quired by the Director of the United In order to establish travel status, it is (a) All envelopes, labels, wrappers, States Employment Service. necessary that the circumstances gov­ cards, and other articles bearing the in­ § 25.28 Financial reports. The mak­ erning the travel be prescribed, so that dicia prescribed by law for material ing of financial reports will be required expenses incurred by the traveler in per­ mailed free of postage under the penalty in such form and containing such in­ forming the duties properly can be re­ privilege by executive departments and formation as may be necessary in deter­ imbursed. The circumstances to be pre­ agencies, and all other (organizations au­ mining that funds have been expended scribed should include the nature of the thorized by law to use the penalty frank­ according to law and in determining the duties to be performed, the area in which ing privilege, shall be procured or ac­ they are to be performed and the period counted for through the Postmaster status of unexpended granted funds. In of time during which they are to be per­ General under such regulations as he compliance with this requirement, and formed. shall prescribe. to assure the correctness and verifica­ (b) Based upon the estimated cost of tion of such reports, appropriate ac­ § 25.34 Official station. The desig­ handling penalty mail by the Post Office counting records and procedures shall be nated post of duty and official station Department, each agency using the frank established and maintained by each mean one and the same, the extent of shall bear the cost thereof by depositing State agency. The State agency shall which should be the corporate limits of in the U. S. Treasury through the United have authority to transfer between cate­ the city or town in which the employee States Employment Service an amount gories any funds made available for the is stationed. Normally an employee will equivalent to such costs. administration of the State Employment be stationed at that point or approxi­ (c) No article or package of official Service except as may be otherwise spe­ mate location where his official duties re­ matter exceeding four pounds in weight cifically provided in the letter approving quire him to spend the major part of his shall be admitted to the mails under the the grant of funds. official working time. penalty privilege. § 25.29 Certificates. The submittal by § 25.35 Authorization of travel ex­ (d) All executive departments and all each State agency of certificates of au­ penditures. (a) All travel, whether in­ other organizations authorized by.Jaw to thorization will be required which certify trastate or interstate, will be authorized Use the penalty privilege are directed to the extent of authority delegated by the by the head of the State agency (or by supply all necessary information re­ State agency to any person (a) to request an agency official to whom such author­ quested by the Post Office Department to a grant of funds, (b) otherwise to repre­ ity has been properly delegated) in such carry out the provision of that act. sent the State agency in connection with manner as to insure proper control. § 25.24 Limitation of use of “penalty such grant, (c) to designate the payee (b) Expenditures from granted funds privilege. Under these basic statutes the to whom payment of granted funds is to for any interstate travel by any State penalty privilege is limited to mail per­ be made, and (d) to furnish fiscal in­ agency official or employee are, in addi­ taining solely to employment service ac­ formation and reports. tion, subject to prior authorization by tivities. In carrying out the provisions SUBPART E—TRAVEL STANDARDS the regional office of the United States Employment Service, except interstate outlined in § 25.23, operating agencies § 25.30 General. Expenditures for of­ will be expected to exercise a high de­ travel performed by the administrative ficial travel will be considered necessary head of the agency for official purposes. gree of control to limit the use of penalty for proper and efficient administration mail material to employment service ac­ of a State Employment Service if they § 25.36 Mode and route of travel. Re­ tivities. are proper under State law and are in­ imbursable travel expenses are confined § 25.25 Limitation of expenditure of curred in accordance with the following to those occasioned by use of the most postage. Amounts expended for postage standards. economical standard mode of transpor­ will be limited to the cost of air mail tation and most usually traveled route, § 25.31 Allowable expenses. Reim­ unless the head of the State agency or stamps, registry, special delivery fees, bursable travel expenses are confined to insurance charges on fourth-class mail, his designated representative determines postage due, and mailing matter weigh­ those which are essential to transacting that, due to unusual circumstances, other ing four pounds or more. the agency’s official business in the ad­ means of regular transportation are ministration of the State Employment justified. SUBPART D—FISCAL MANAGEMENT STANDARDS Service. Such expenses are reimburs- 'able only if incurred while in a travel § 25.37 Maximum subsistence and § 25.26 Audits conducted by agencies status. Reimbursable travel expenses do mileage rates. Establishment of reason­ other than the United States Employ­ not include: able maximum limitations for travel al­ m en t Service, U. S. Department of Labor. (a) Those incurred for the conven­ lowances is required, whether reimburse­ Granted funds may be used for expendi­ ience of the traveler, such as expenses for ment is to be on the basis of actual ex­ tures incident to the establishment and travel by an indirect route or stop-overs penses or a per diem allowance in lieu of maintenance of day-to-day internal for personal reasons. subsistence. Also, where the traveler is checks and controls necessary to insure (b) Those of a strictly personal nature, authorized to use a privately-owned ve­ proper handling of accounts. But it is such as telegrams to the headquarters hicle, a maximum mileage rate in lieu of assumed that a relationship between the office concerning leave or salary matters. actual transportation is required. State agency and the State auditing de­ (c) Those for travel between home and The following are the alternative bases partment is established which satisfies office or for other non-official purposes. for determining reasonable maximum the State auditor that the internal con­ (d) Per diem or subsistence at an em­ subsistence and mileage rates: trols of the State agency insure proper ployee’s official station. (a) Specific mandatory rates pre­ handling of the funds. Therefore, scribed by statutes or regulations appli­ granted funds may not be used to finance § 25.32 Persons eligible for reimburse­ cable generally to all agencies of the an independent or separate audit of the ment of travel expenses. Eligibility for State agency’s handling of State Employ­ reimbursement of travel expenses is con­ State; or ment Service funds, and grants will not fined to employees of the agency and to (b) Rates representing reasonable include amounts to defray the costs of expenses necessary to the discharge of maximum limitations (to be established conducting such audits of the administra­ their official duties in the administra­ by agreement between the State agency tion fund accounts of a State agency. The tion of the State Employment Service; and the United States Employment Serv­ United States Employment Service will in addition, individuals in specified ice)1 where applicable State statutes or conduct periodic audits of the State Em­ classes or groups, such as Advisory Coun­ cil members, are eligible for reimburse­ 1 In arriving at agreements with State ployment Service administration fund agencies as to reasonable maximum limita­ accounts. ment. In such additional cases, travel tions for substance, or mileage rates, estab­ expenses will be allowed only in accord­ lished State practice, as well as rates estab­ § 25.27 Workload analysis study. ance with the rules and regulations ap­ lished by the Federal Government for its Granted funds may be used for expendi­ plicable to employees of the State agency. employees, Will be factors which the United tures for studies of workloads to provide § 25.33 Travel status. Employees States Employment Service will use in de­ a method for measuring the staff time di­ termining whether the proposed expendi­ may be considered in travel status when tures are reasonable. (See §§ 25.2 and 25.3 rected to employment service activities. they are absent from their official sta­ for an explanation of the significance of State State agencies shall make such studies tion and engaged in official business practice.) Saturday, January 18, 1947 FEDERAL REGISTER 385 regulations do not prescribe specific or construction of State-owned buildings § 25.50 Opening of bids. Bids will be limitations. to provide quarters for the State Employ­ opened in public at a time and place to ment Service on the merits of each case. be specified in the invitation to bid, and § 25.38 Reimbursable expenses to be abstracts of all bids (or their equivalent) specified, (a) The items included in SUBPART I—STANDARDS RELATIVE TO REPAIRS inserted in a register, or the necessary subsistence or per diem allowance will be AND ALTERATIONS information maintained in some other specified. § 25.45 Repairs and alterations. form, and be readily available to the (b) The State agency will set forth the Granted funds may be used for reason­ public during office hours. All bids minimum number of hours of absence able costs of repairs and alterations nec­ which fail to meet time and other speci­ from official station, distance from official essary for the maintenance of proper fications of the invitation to bid will be station, or other conditions to be uni­ facilities for the administration of the considered invalid. formly observed by all employees which State Employment Service. will entitle' the traveler to claim reim­ § 25.51 Awards. If a bid is accepted, bursement of per diem or subsistence. SUBPART J—PROCUREMENT STANDARDS award will be made: (a) Promptly and in writing. § 25.39 Vouchers and receipts. Em­ § 25.46 General. T h e following (b) To the responsible bidder whose ployees are required to submit travel standards constitute the fundamentals proposal meets the specifications or per­ vouchers in such form as to insure com­ of a proper procurement procedure, to be formance test which have been set forth plete and necessary audits. Receipts observed in the expenditure by State in the invitation to bid, and whose price are required for all unusual items of ex­ agencies of granted funds for the pro­ is the lowest net price offered.' penditures in such form as to establish curement of furniture, fixtures, equip­ (c) Subject to inspection where con­ official necessity. The State agency’s ment, supplies, printing and binding and . tract calls for furniture, fixtures, sup­ regulations will specify those items which contractual services. plies, and equipment, and subject to are considered unusûal. § 25.47 Authorization for purchases. furnishing proofs where printing is in­ § 25.40 Leave of absence during travel. Purchases of material and contracts for volved. Provision must be made for proper de­ services are to be made by a designated (d) Subject to guarantees by bidder termination of allowable expenses when procurement officer on the basis of requi­ where the procurement officer considers an employee is granted leave of absence sitions issued by authorized individuals it necessary to protect the interests of while on official travel. within the Agency. All requisitions will the State agency. bear the written approval of the head of SUBPART K—EQUIPMENT STANDARDS SUBPART F—STANDARDS RELATIVE TO the State Agency (or his authorized AUTOMOBILES deputy for such purpose) as well as the § 25.52 Equipment and furniture. § 25.41 Expenditures for agency- certification of the fiscal officer of the Granted funds may be used for the owned automobiles. Granted funds may agency, showing that funds for the pur­ purchase of equipment by the State be used for purchase of agency-owned pose are available. agency. Such equipment shall be used only by the State agency, except when automobiles, but approval of such pur­ § 25.48 Competition. All purchases chase and use will be dependent upon loaned for use in the administration of and contracts are required to be made a joint merit system which is financed considerations of need, resulting econ­ on a competitive basis by: omy, and efficiency of that method of through grants made by Federal agen­ (a) Advertising at least once a year in cies. Title to equipment purchased by transportation. a newspaper or newspapers of State-wide a State agency from granted funds may SUBPART G—STANDARDS RELATIVE TO TRANS­ circulation and by posting notices in not be transferred, unless the State PORTATION OF HOUSEHOLD GOODS AND appropriate places that materials and Employment Service administration fund EFFECTS supplies are to be purchased during the is reimbursed in an amount equal to the •year, and inviting prospective vendors to fair market value of the equipment. § 25.42 Transportation of household file data from which lists of prospective goods and effects. When employees of vendors shall be established. § 25.53 Equipment control records. State agencies are transferred from one (b) Submitting invitations to bid on Each State agency is required to main­ official station to another for permanent materials and supplies required to ven­ tain equipment control records showing duty, the Department of Labor will con­ dors listed in accordance with para­ for each item of equipment on hand, re­ sider as necessary expenditures from graph (a). gardless of the manner of acquisition, granted funds the payment of reason­ (c) In addition to paragraph (b) of unit cost,' description, identification able costs of transportation of household this section, soliciting bids at least once number, date received, source of acquisi­ effects and other personal property as in a newspaper or newspapers of State­ tion, and location at all times. determined in accordance with State law. wide circulation in each case of a pur­ In the event of disposition of any item Granted funds may not be used for pay­ chase or contract amounting to $1,000 or of equipment, whether it be sold, traded ment of such costs where the transfer more. in, scrapped, lost, stolen, or otherwise is made at the request and primarily for (d) Compliance with paragraphs (b) disposed of the equipment control rec­ the benefit or convenience of the em­ and (c) of this section is not required ords are to be properly adjusted. Such ployee, or for disciplinary reasons. where: adjustments will be supported by the SUBPART H—STANDARDS RELATIVE TO (1) Purchases amounting to less than necessary explanatory data or documents RENTAL OF PREMISES $100, and approval of the head of the relating to the actiop. When»requested, State agency is obtained, provided that the regional office will assist State agen­ § 25.43 Rental of premises. Granted before making such purchases effort cies in arranging for sales of Ùsable sur­ funds may be used for payments for should be made to obtain oral bids (re­ plus equipment between State agencies rental of premises. Such rental may in­ duced to writing, if possible) from at within regional boundaries or in nearby clude reasonable amounts for the main­ least three vendors. States of other regions, if practicable. tenance of proper facilities for the ad­ (2) Purchases are limited by State § 25.54 Proceeds from sale of equip- ministration of the State Employment statute. ment. Proceeds from the sale or disposi­ Service. Approval of expenditures for § 25.49 Invitation to bid. In submit­ tion of any item of equipment are sub­ rental of premises does not constitute ting invitations to bid, the procurement ject to the same conditions which are a commitment on the part of the De­ officer will give due allowance to: applicable to granted funds. Accord­ partment of Labor to make grants under (a) Time necessary for submitting ingly, such proceeds will be deposited in the Wagner-Peyser Act for future bids, in recognition of vendor’s ability to the State Employment Service admin­ periods. submit bids promptly and make delivery within specified time. istration fund and the amounts thereof § 25.44 Rent applied toward cost of (b) Savings, if any, to be effected by will be included in the financial reports purchase or construction of buildings. calling for bids on a lump-sum or aggre­ of the State agency. The Department of Labor will make gate basis. SUBPART L—GENERAL PROVISIONS specific determinations with respect to (c) The necessity of obtaining bids requests for funds to be supplied in the and making awards on a basis which will § 25.55 Administrative responsibility form of rental to offset cost of purchase be exclusive of Federal taxes. of the State agency. The State agency 386 RULES AND REGULATIONS shall establish and maintain such sys­ to FPHA contractors in some instances. The particular materials listed on Schedule A to tem of accounts (showing receipts and special assistance includes several types of PR 33. However, a contractor may apply to expenditures of the State agency with “super-priority” procedures which may be the FPHA (see paragraph (v) below for authorized for many of the building mate­ special assistance under certain circum­ substantiating records and vouchers) as rials on Schedule A to Priorities Regulation stances. Unless otherwise specified below, will adequately supply the information 83, if efforts to get them on time through the he may apply only in cases where he has required (a) in the financial reports ren­ use of HH ratings are unsuccessful. In addi­ served purchase orders (with an HH rating, dered to the United States Employment tion, as explained in this direction, special if authorized) for any building material on Service and (b) for post audit of expendi­ assistance for other materials may be avail­ three or more sources of supply and received tures by auditors of the United States able under other CPA orders. notice of their inability to deliver by the Employment Service. Each voucher for date required. The type of special assistance " Special Assistance Available available and the method of applying depend expenditure of funds for State Employ­ on the particular material involved, as ex­ ment Service Administration, from what­ (b) When contractors may apply for spe­ plained below. ever source such funds may be derived, cial assistance. It is expected that a contrac­ (c) Types of special assistance. The vari­ shall be approved by the head of the State tor will ordinarily get most of his building finaterials for an FPHA temporary re-use ous types of special assistance available are agency or his duly authorized agent or tabulated as follows and explained below: agents. All such vouchers or certified housing project without any priorities assist­ duplicates or copies thereof shall be filed ance except the HH ratings assigned for the Note: Table amended Jan. 17, 1947. in the administrative office of the State agency. Material for which special assistance is required Type of special assistance available for particular material § 25.56 Implementing instructions. The Director of the United States Em­ 1. Any material listed in paragraph (d). below (certain “Certified-HH” rating—superior to uncertified HH and types of building board, cast iron soil pipe). CO"ratings and extendible to producers. . ployment Service is hereby directed to 2. Any material listed in paragraph (j) below (hardwood “Individual directive” or other action—requiring prefer­ issue such forms, procedures and in­ flooring, lumberT millwork, softwood plywood). ential treatment by a producer or supplier for a specific contractor’s order. structions as are necessary to implement 8. Any material covered by paragraph (m) below (any HHH rating—superior to HH and CC ratings but other­ these standards. • material on Schedule A to PR 33 except those covered wise identical with HH rating. by #1 and #2 above). L. B. SCHWELLENBACH, 4. Any material listed in paragraph (p) below (certain “Authorized order”—directed at “earmarked products” Secretary of Labor. types of heating and plumbing fixtures made for FPHA made specifically for FPHA projects. projects). N ovember 9, 1946. 6. Limited types of items, under very limited con­ ditions (see paragraph (s) below)...... CC rating under Priorities Regulation 28. [F. R. Doc. 47-496; Filed, Jan. 17, 1947; 8:47 a. m.] ‘‘Certified-HH’’ Bating Procedure certified-HH rating to his source of supply. Upon receiving material so ordered, he must (d) Material for which certifled-HH rat­ deliver it on the order bearing the rating ings may be authorized. Special assistance which was extended. Ratings are to be ex­ TITLE 32— NATIONAL DEFENSE for the following materials (as listed on tended as explained in Priorities Regulation Schedule A to PR 33) may be given in the 3 except that the following statement is to be Chapter IX— Office of Temporary Con­ form of authority to use a “certified HH” added to the certificate required by PR 3: trols, Civilian Production Adminis­ rated order: The items ordered herewith are for tration certified-HH rated orders authorized, M aterial Au th o rity : Regulations in this chapter under Direction 11 to PR 33, for mate­ unless otherwise noted at the end of docu­ rials to be used in FPHA temporary re­ ments affected, issued under sec. 2 (a), 54 Cast iron soil pipe (including fittings). use housing projects. Stat. 676, as amended by 55 Stat. 236, 56 Stat. Gypsum board. (g) Producers’ handling of certified-HH 177, 58 Stat. 827, and Public Laws 270 and Building board. and other rated orders. Producers must ac­ 475, 79th Congress; Public Law 388, 79th cept and fill certifled-HH rated orders in Congress; E. O. 9024, 7 F. R. 329; E. O. 9040, A “certified-HH” rated order is an HH accordance with the rules of'Priorities Regu­ 7 F. R. 527; E. O. 9125, 7 F. R. 2719; E. O. 9599, rated order to which the endorsement de­ lation 1, for rated orders, subject to the fol­ 10 F. R. 10155; E. O. 9638, 10 F. R. 12591; scribed in paragraph (f) below has been lowing special rules: C. P. A. Reg. 1, Nov. 5, 1945,^10 F. R. 13714; added by an authorized FPHA representa­ (1) Priority for certified-HH rating. A Housing Expediter’s-Priorities Order 1, Aug. tive. A certifled-HH rating has a higher certifled-HH rating is of higher priority than 27, 1946, 11 F. R. 9507; E. O. 9809, Dec. 12, priority than an uncertified HH rating or a an uncertified HH or a CC rating but of lower 1946, 11 F. R. 14281; OTC Reg. 1, 11 F. R. CC rating and is extendible by suppliers (but priority than an AAA or MM rating. Subject 14311. not by producers) to get the material to be to the “ceiling” provision of paragraph (g) delivered on the “certified-HH” order in­ (2) below, a producer receiving a certifled- P art 944—R egulations Applicable to the volved. Its priority, however, is lower than HH order for any material listed in paragraph Operation op the P riorities S ystem ratings of AAA or MM. (d) above must fill it in preference to any [Priorities Reg. 33, Direction 11 as Amended (e) Authorization for certified-HH rating. uncertified HH or CC rated orders. Jan. 17, 1947] Under the conditions stated in paragraph (b) (2) “Ceiling“ on accepting certified-HH above, a contractor may apply for certified- and AAA rated orders. The maximum veterans’ emergency housing program; HH rating assistance by presenting his pro­ amount of certified-HH rated orders which PPHA TEMPORARY RE-USE HOUSING PROJ­ posed purchase order to the FPHA. If the a producer need accept for delivery of any ECTS FPHA decides that special assistance is material listed in paragraph (d) above in needed, the authorized FPHA representative any month is 20% of his production of The following direction is issued pur­ may endorse the following certificate on the that material during that month. (AAA suant to Priorities Regulation 33: contractor’s purchase order: rated orders accepted by a producer before October 15, 1946, for any such material may (a) What this direction does. As part of Certifled-HH rated order authorized, under Direction 11 to PR 33, for mate­ be charged to the 20% ceiling for the month the Veterans’ Emergency Housing Program of delivery.) A producer may accept more under the Veterans’ Emergency Housing Act rials to be used in FPHA temporary re­ use housing projects. than this amount of certified-HH orders but of 1946, the Federal Public Housing Authority Is not required to do so. The FPHA require­ (FPHA) is erecting 200,000 temporary hous­ ing units for emergency use by veterans in Signature and title of authorized ments for the materials listed in paragraph FPHA representative. (d) above are so large that it is essential distress situations, pending completion of that they be spread evenly among all pro­ permanent housing units under the Veter­ ducers. If any single producer devoted a ans’ Emergency Housing Program. Many of This certificate makes the purchase order a “certified-HH” rated order, entitled to the major part of his production to FPHA re­ these temporary units are being erected for quirements, the resulting dislocation in his municipalities, to meet existing housing preferential treatment explained in para­ graphs (f) and (g) below. The order will normal distribution might’ seriously inter­ emergencies, and must be completed as soon fere with the other phases of the Veterans’ as possible. Others are being erected at uni­ then be returned to the contractor, to be versities and colleges and must be ready for placed by him with his source of supply. Emergency Housing Program. use during the coming scholastic year. Some (h) Producer’s equitable distribution of (f) Suppliers’ handling of certified-HH remainder of production. After providing, of the building materials required for these rated orders. A distributor, jobber, dealer, each month, for certified-HH and AAA rated units are in extremely short supply, and un­ or other supplier must not fill certified-HH orders for a particular material listed in less special assistance is given, local sup­ rated orders out of inventory on hand or paragraph (d) above, a producer should pliers will not be able to meet those needs. with material previously ordered. Instead, distribute the remainder of the month’s This direction provides for special assistance. he must get the material by extending the production of that material among his cus- Saturday, January 18, 1947 FEDERAL REGISTER 387 tomers in each area in a fair and equitable that material and are subject to any rules rated orders in accordance with the rules of manner, without regard to the certified-HH for HH rated orders in Schedules A and B Priorities Regulation 1 and Schedule B to and AAA rated orders which any such cus­ to PR 33 and in any ether applicable regu­ Priorities Regulation 33, where applicable. tomer may have served on him. In deter­ lations. Communications and Applications mining the amount of material to be shipped “Authorized Order” Procedure for “Ear­ (v) Addressing communications and ap­ into each area, a producer should give due marked Products” regard to the requirements of the Veterans' plications—(1) By contractors. Contractors Emergency Housing Program. (p) Materials made specially for FPHA should address all communications concern­ (i) Applicability of Schedule B to PR 33. projects ("earmarked products”) . The CPA ing this direction, and make all applications Quantities received by a distributor for de­ has been giving certain types of special under this direction, to the FPHA project livery on certified-HH orders shall be ex­ assistance for steel and iron castings to cer­ engineer or to such other FPHA official as cluded by him in all his ceiling and set tain producers for the manufacture of may be designated by that agency. aside calculations, under Schedule B to PR 33. specific quantities of the following kinds of (2) By other persons. Communications by plumbing and heating equipment: producers and suppliers concerning the Quantities received by a distributor for de­ operation of the various priorities provisions livery on any AAA rated order for an FPHA of this direction and obligations under them project shall also be so excluded, if the pro­ Material should be addressed to the Civilian Produc­ ducer involved accepted the order, as placed tion Administration, Washington 25, D. C., with him, before October 15, 1946. Cooking ranges (21" gas, up to 36" oil). Ref: Dir. 11 to PR 33. All other communica-’ Ice refrigerators. tions should be addressed to the Federal "Individual Directive” or Other Assistance Shower stalls. Procedure for Certain Lumber Products Space heaters (gas, oil). Public Housing Authority, either at the office Water heaters (20-gal. gas, 30-gal. oil). of the project engineer or at the appropriate (J) Materials for which special assistance regional or field office (see Appendix A). may be issued. Special assistance for the Under Order L-357, the quantities so manu­ following materials (as listed on Schedule Definitions A to PR 33) may be given by the Civilian factured are called "earmarked products’* Production Administration, in the form of and may be sold only as permitted by that (w) Definitions. For the purposes of this an individual directive or other arrangement order. Usually, sale is permitted only on direction: under which a producer or supplier will pro­ “authorized orders” for FPHA temporary «^"(1) “Contractor” means a contractor or re-use housing projects. subcontractor engaged to do construction vide preferential treatment for a particular (q) Authorization for "authorized orders”. purchase order: work on. an FPHA temporary re-use housing In general, where a contractor needs ma­ project. terials of the kinds listed in paragraph (p) (2) “Producer” means a person owning or above, he will ordinarily be supplied, on Material operating facilities in which a building ma­ “authorized orders”, from the production terial affected by this direction is produced. earmarked for FPHA projects. To get any (3) "Supplier” means a person who is in Flooring, hardwood, residential. such earmarked products, a contractor should the business of buying a building material, Lumber, housing construction. present one or more proposed purchase frpm a producer or from any other person, for Mill work. orders to the FPHA. The authorized FPHA resale as such. This includes distributor«, Plywood, construction (softwood). representative may then place the following jobbers, office wholesalers, brokers, and endorsement on each purchase order f dealers of all types. (k) Procedure for getting special assistance. Authorized order, under Direction 11 to Cut-Off Dates Under the conditions stated in paragraph (b) PR 33 afid Order L-357, for earmarked above, a contractor may apply for this special products to be used in FPHA temporary (x) Cut-off dates. No order bearing a assistance by filing a Form CPA-4473 applica­ re-use housing projects. certified-HH or HHH rating assigned under tion with the FPHA. If the FPHA believes, this direction may be placed by an FPHA that special assistance is needed, it will for­ Signature and title of authorized contractor after January 31, 1947. No order ward the application to the appropriate FPHA representative bearing such a rating may specify a delivery Civilian Production Administration office date later than "March 31, 1947. A cer­ (Portland, Oregon, or Washington, D. C.). This endorsement makes an order an “au­ tified-HH or HHH rated order which conforms The Civilian Production Administration of­ thorized order”. An “authorized order” is with the specifications of this paragraph not a rated order and is not to be treated remains valid until filled. fice will review the request and, if approved, as a rated order. It is, however, the only will take appropriate assistance action, noti­ type of order on which "earmarked products” Issued this 17th day of January 1947. fying the contractor and other interested under Order L-357 may usually be delivered. persons. After endorsement, an order \vill be returned Civilian P roduction (l) Applicability of other regulations. An to the contractor, together with any neces­ Administration, order for which special assistance is given sary instructions for placing it. In the case By J. J oseph Whelan, will be handled in accordance with appli­ Recording Secretary. cable regulations (Orders L-358 and L-359), of ice refrigerators, the FPHA arrangements with the producers may provide for direct unless otherwise specified in the CPA action. sale of this item by producers to FPHA Appendix A HHH-Rating Procedure contractors, on authorized orders. Communications to an FPHA regional or (m) Materials for which HHH ratings may (r) Handling of authorized orders. Order field office concerning this direction should be authorized. For any material listed on L-357 explains how suppliers and producers be addressed, unless otherwise shown below, Schedule A to PR 33 except those listed In are to handle authorized orders. to the Regional Assistant Director for Devel­ paragraphs (d) and (j) above (“certified- CC Rating Procedure opment, Federal Public Housing Authority, HH” and “individual directive” procedures), at whichever of the following addresses is special assistance may be given in the form (s) Items for which CC rating may be au- appropriate: of authority to use an HHH rating. An HHH thorized (PR 28). Under Priorities Regula­ rating has a higher priority than a rating tion 28, as recently amended, the conditions of HH or CC but a lower priority than a rating Area served and office address of AAA or MM. iindar which CC rating assistance will be (n) Authorization for HHH rating. Under given have been drastically curtailed. PR 28 Region I—Connecticut, Massachusetts, New the conditions stated in paragraph (b) above, explains the conditions under which such as- Hampshire, Rhode Island, Vermont—24 a contractor may apply to the FPHA for sistance will be given. In general, CC ratings School Street, Boston 8, Mass. authorization to use an HHH rating. Appli­ Region II—Delaware, Maryland,1 New Jersey, cation is to be made in the manner required will no longer be given for construction materials. New York, Pennsylvania—270 Broadway, by the FPHA. If the FPHA decides that the New York 7, N. Y. special assistance is needed, it may authorize (t) Procedure for getting CC rating au­ Region III—Illinois, Indiana, Iowa, Minne­ the contractor to use an HHH rating. The thorization. Under the conditions specified sota, Missouri, Nebraska, North Dakota, method for using the HHH rating is the same in Priorities Regulation 28, a contractor may present, to the FPHA, a Form CPA-541 A ap­ South Dakota, Wisconsin—201 North Wells as for the HH rating. Street, Chicago 6, 111. (of Suppliers’ and producers’ handling of plication for a CO rating. If the FPHA be­ HHH ratings. A supplier or producer must lieves that such assistance is needed, it will accept and fill an HHH rated order in accord­ forward the application to the Civilian Pro­ 1 The following areas of Virginia and Mary­ ance with the rules of Priorities Regulation duction Administration, Washington 25, land are served by the General Field Office, 1, subject to the special rules mentioned in D. C., Ref: PR 28. The application will be rather than by the local regional office serving this paragraph. He must fill an HHH rated reviewed by the CPA in accordance with PR the other areas of those states: Virginia- order in preference to an HH or CO rated 28. If approved, the contractor may use the Alexandria, Fairfax County, Arlington Coun­ order. As explained in Schedule B, HHH CC rating as authorized. ty. Maryland—Montgomery County, Prince ratings for any material are extendible un­ (u) Handling of CC rated orders. Sup­ Georges County, Cedar Point, Indian Head, der the same conditions as HH ratings for pliers and producers must accept and fill CC Meadale. 388 RULES AND REGULATIONS Region IV—Alabama, Florida, Georgia, Mis­ first be authorized by the Civilian Pro­ sissippi, North Carolina, South Carolina, pertinent to the application. In general, Tennessee, Virginia 1—Georgia Savings duction Administration and explains who CPA will authorize the purchase of the Bank Building, Peachtree and Broad may apply for such authorization and in material from RFC only if the material Streets. Atlanta 3, Ga. what manner. The regulation applies is not available from private sources of Region V—Arkansas, Colorado, Kansas, Loui­ only to the materials listed on Table A supply, foreign or domestic; no suitable siana, New Mexico, Oklahoma, Texas—1411 below. This Table includes, but is not substitute material is available; and the Electric Building, Fort Worth 2, Tex, limited to, certain so-called strategic and proposed purchase conforms with appli­ Region VI—Arizona, California, Nevada, Utah, critical materials covered by War Assets Hawaii—760 Market Street, San Francisco cable CPA inventory restrictions on the 2, Calif. Administration Regulation 17 (11 F. R. material in question. Authorization for Region VII—Idaho, Montana, Oregon, Wash­ 9573, 12306). the purchase will be made by the CPA on ington, Wyoming, Alaska—Skinner Build­ (b) Materials for the purchase of Form CPAI-3669 to RFC. CPA will no­ ing, 5th Avenue and Union Street, Seattle, which from RFC an authorization is re­ tify the applicant of the action taken. Wash. quired from CPA. Before a person may (c) Materials for the purchase of which Region VIII—Kentucky, Ohio, Michigan, West purchase from RFC certain of the ma­ no authorization is required from CPA. Virginia—2073 East Ninth Street, Cleveland terials on Table A, he must obtain an If Column 2 in Table A indicates that no 15, Ohio. authorization from CPA. Whether or not Metropolitan District of Columbia, etc.—Dis­ CPA authorization is required, the ma­ trict of Columbia, Virginia,1 Maryland,1 an authorization is required, is indicated terial may be purchased directly from Puerto Rico, Virgin Islands—Director, Gen­ in Column 2 In Column 3 appears a RFC upon filing with the purchase order eral Field Office, Federal Public Housing reference to the Branch or Division of the certificate required in Column 4. Authority, 1201 Connecticut Avenue, Wash­ the CPA responsible for the materials. (d) Restrictions on purchasers. A ington 25, D. C. In Column 4 is specified the class of per­ purchaser from the RFC of any of the [F. R. Doc. 47-598; Filed, Jan. 17, 1947; sons who may apply for an authorization materials listed on Table A below, must 11:16 a. m.] to purchase from the RFC, and in respect not violate any CPA order or regulation to those materials in which the distribu­ controlling the amount of any such ma­ tion is covered by CPA orders, a reference terial he may receive or the use or dis­ to the appropriate order is made. In position he may make of it. Persons P art 944—R egulations Applicable to the some instances, Column 4 indicates that buying for resale are subject to all appli­ Operation of the Priorities S ystem a certification will be required from the cable inventory restrictions, and any [Priorities Reg. 34, as Amended Jan. 17, 1947] applicant. materials obtained under this regulation Where Column 4 indicates applications by such persons must be offered for sale § 944.55 Priorities Regulation 34—(a) are to be made by letter, the applicant promptly in accordance with applicable What this regulation does. There is a should state: (1) the purpose for which CPA orders and regulations. shortage in the supply of certain mate­ the material is required; (2) his present rials, held by the Reconstruction Finance No te: The application and reporting pro­ inventory of the material requested; (3) visions of this regulation have been ap­ Corporation and various government the number of days supply represented proved by the Bureau of the Budget in ac­ agencies for defense, for private account by the present inventory, plus the cordance with the Federal Reports Act of and for export. This regulation states amount requested, based on his current 1942. the rules applicable to purchases of these or scheduled rate of operation; (4) the materials from the RFC either directly efforts he has made to obtain the mate­ Issued this 17th day of January 1947. from its own stock or from the stocks of rial from private sources of supply, for­ Civilian P roduction other government owning agencies. The eign or domestic; (5) the efforts he has Administration, regulation indicates in respect to which made to obtain and use a suitable sub­ By J. J oseph Whelan, materials a purchase from the RFC must stitute and (6) any other information Recording Secretary. T able A Note: Items lead, nickel, tin and zinc revised Jan. 17, 1947. | /

Material CPA authorization CPA division or branch re- required ' sponsible for material Remarks

(1) (2) (3) (4)

^M ETALS AND MINERALS metals and minerals—continued Aluminum: primary pig ______Yes...... Aluminum and magnesium Primary producers may apply by letter. branch. Antimony: metal, ore and concentrates; liquated Yes...... Tin, lead and zinc branch___ Applications may be filed in accordance with General Preference (needle) antimony. Order M-112. Asbestos: Rhodesian Chrysotile fiber (grade C and QI, Yes______Cork, asbestos and fibrous Manufacturers of building materials may apply by letter. . C&Q/2 and C&G3; African Amosite fiber (grades glass branch. M l and 3/DM l); and Cape Blue. Beryl: Ores or concentrates...... Yes____ ■___ Miscellaneous minerals and Processors may apply by letter. mining branch. Bismuth: Metal____...... ______Yes______Tin, lead and zinc branch... Processors and users may apply .by letter. However, in view of the extremely limited supply, sales will be authorized only for the urgent needs of the Armed Forces or where bismuth metal is re­ quired for emergency use for public health and safety and it cannot be supplanted by drugs ordinarily furnished to hospitals and similar mstitutions. Alloys, or scrap, containing SO percent or more by No______weight of metallic bismuth. May be sold only to smelters and reprocessors who give the seller in writing a certificate in substantially the form shown in Note 1 to Cadmium: this table. Metal______Yes...... Users may apply by letter. However, in view of the extremely limited supply, sales will be authorized only in cases of emergency. Finished alloys containing metallic cadmium (in­ N o______cluding but not limited to low melting point May be sold only to_smelters, reprocessors or users who give the seller, alloys). in writing, a certificate in substantially the foliowingjorm: “The undersigned certifies to the seller and CPA, subject to the penalties of Section 35A of the United States Criminal Code that (i) he is a smelter, reprocessor or user-of finished alloys containing metallic cadmium; (ii) he is unable to get the material obtained with this certificate from private sources of supply, foreign or domestic; (iii) his inventory of the type of material covered by this purchase order (including this lot) will not be in excess of his succeeding 30 days’ requirements; (iv) material obtained under this purchase order will be used or disposed of only in accordance with applicable CPA orders and regulations.’’ Scrap containing metallic cadmium but n'ot con­ N o.______taining 50 per cent or more by weight of any M ay be sold only to smelters and reprocessors who give the smelter, other one metal. jn writing, a certificate in substantially the form shown in Note 1 below this table. ^ Chromite: metallurgical and chemical ores and con­ Yes...... Steel branch____ centrates. 1 Processors and users may apply by letter. ^ ee footnote 1, p. 387.

% Saturday, January 18, 1947 FEDERAL REGISTER 389

T able A—Continued

CPA authorization CPA division or branch re­ Remarks Material required sponsible for material (1) ■ (2) (3) (4)

metals and minerals—continued / OTHER m a t e r ia l s —c o n tin u e d Copper: Electrolytic or fire refined copper; cathodes, wire Copper branch...... Brass mills, wire mills and ingot makers may apply on Form CPA- bars, cakes, slabs, ingots,' ingot bars, billet, or 4542. bars. Cartridge brass ingots, slabs, discs, bars, partly or Yes ...... do...... Brass mills, wire mills, smelters and refiners may apply on Form completely manufactured ammunition cases, CPA-4513. fired cases or remelt ingot; gilding metal mill forms or remelt ingot Leaded brass mill forms or remelt ingot; and cop­ No ...... do...... per or copper base alloy scrap. Corundum: crystal or boulder ores or concentrates; Yes...... Miscellaneous minerals and Processors may apply by letter. primary grains and black cleavable. mining branch. Yes Aluminum and magnesium Processors or refiners may apply by letter. branch. Graphite: Madagascar flake and fines and Ceylon Yes...... Miscellaneous minerals and Processors may apply by letter. lump. mining branch. Yes______*___do...... Do. Lead: Yes...... Tin, lead and zinc branch. _. Users and processors may apply by letter.- However, in view of the extremely limited supply, sales will be authorized only in cases of emergency. % Alloys, or scrap containing'50 percent or more by No \ . do______(Delete remarks.) weight of metallic lead; residues. Yes...... Steel branch...... Processors and users may apply by letter. Mica: Muscovite block, film and splittings; Phlogo- Y e s...... Miscellaneous minerals and Fabricators may apply by letter. pite block and splittings. mining branch. N o...... Steel branch...... May be sold only to smelters and reprocessors who give the seller, in writing, a certificate in substantially the form shown in Note 1 to this table. Yes...... Miscellaneous minerals and Apply by letter. mining branch. Quartz crystals: raw quartz, radio grade, and scrap... Processors may apply by letter. Tin: Y es...... Tin, lead and zinc branch. Applications may be filed In accordance with Conservation Order M-43. Alloys or scrap; containing 50 percent or more by N o ...... do...... See M-43 restrictions governing tin and all tin-bearing alloys. weight of metallic-tins; residues. Zinc: Slab, zinc oxide, ores and concentrates and die cast Yes...... Tin, lead and zinc branch... Processors and users may apply by letter. However, in view of the extremely limited supply, sales of metal (slab) and zinc oxide will alloys. be authorized only in cases of emergency. Other allays, or scrap containing 50 percent OHnore No ...... May be sold only to smelters and reprocessors who give the seller, in by weight of metallic zinc Residues. writing a certificate in substantially the form shown in Note 1 to this table. OTHER MATERIALS Yes...... Chemicals division...... Industrial alcohol producers may apply on CPA Form 2947. Yes...... Textile division...... Applications may be filed in accordance with Conservation Order M-84. „ . . . Yes...... Chemicals division...... Applications may be filed in accordance with Conservation Order M-54. Y e s...... Applications may be filed in accordance with Conservation Order M-131. Yes...... do...... Do. Rubber: natural rubber, natural rubber latex, butyl, Yes...... Applications may be filed in accordance with Rubber Order R -l. GR-S synthetic. Yes. ______Textile division______Applications may be filed in accordance with Conservation Order M-84.

Note 1 : Where required by a note in (a) Purpose of this direction. This direc­ given to cases involving items of steel or Column 4, a certificate in substantially the tion describes the very limited so6pe of the iron, in the forms listed in M-21, required following form should be used by smelters assistance which may be granted in the for the production or repair- of domestic and reprocessors: future to obtain Government-owned surplus freight cars. The undersigned certifies to the seller and property if available. Although under para­ (2) Actions of the above kinds may be CPA, subject to the penalties of section 35A graph (d) .(2) of Priorities Regulation'13 taken only on a determination in, each in­ of the United States Criminal Code, that CPA preference ratings do not have any ef­ stance that both the following conditions (i) he is a smelter or reprocessor and will fect on disposals of surplus property, dis­ are met : use the material obtained with this certifi­ posals under WAA Regulation 2 are still sub­ (i) The use of substitute and less scarce cate in his smelting or reprocessing opera­ ject to any individual directives which the materials is not practicable; and tions; (li) he is unable to get these ma­ CPA may issue with respect to delivery of (ii) The required item cannot be obtained terials from private sources of supply, for­ specified surplus property to a named buyer in time with priorities assistance from new eign or domestic; (iii) his inventory of the or class of buyers. production. type of materials covered by this purchase (b) When the Civilian Production Admin- (c) Other applicable actions of the CPA. order (include this lot) will not be in excess istration may issue directives on a Govern­ Disposal agencies must also comply with the of applicable CPA inventory restrictions; ment disposal agency. (1) In general, if all restrictions on special sales of the materials and (iv) the material obtained under this the conditions of paragraph (b) (2) below and products on Lists A and B of Priorities purchase order will be used or disposed of are met, CPA directives may be issued in the Regulation 13, and with any applicable direc­ only in accordance with applicable CPA following exceptional cases of public emer­ orders and regulations. tions to that regulation. gency or other extreme need: (d) Communications. All communications [F. R. Doc. 47-599; Filed, Jan. 17, 1947; (i) Where an item is needed to fill a mili­ concerning this direction should be ad­ ____ 11:17 a. m.] tary order which cannot be deferred without dressed to Civilian Production Administra­ serious results to the defense program or to tion, Washington 25, D. C. Reference PR-13, the health and welfare of the service per­ Direction 3. sonnel. (In this case a certification from Part 944—R egulations Applicable to the responsible military agencies recom­ Issued this 17th day of January 1947. THE OPERATION OF THE PRIORITIES mending the issuance of a directive is System required); Civilian P roduction [Priorities Reg. 13, Direction 3, as Amended (ii) Where an item is needed in an emer­ Administration, Jan. 17, 1947] gency to eliminate serious hazard to the life, By J. J oseph Whelan, health or safety of a large number of peo­ Recording Secretary. SURPLUS PROPERTY DIRECTIVES ple; or Direction 3 to Priorities Regulation 13 (iii) In view of the critical shortage of do­ [F. R. Doc. 47—596; Filed, Jan. 17, 1947; is amended to read as follows: mestic freight cars consideration will also be 11:16 a. m.] No. 13----- 3 390 RULES AND REGULATIONS

P art 1010—Suspension Orders P art 3293—Chemicals 640 of the F ederal R egister of Septem­ [Suspension Order S-1015, Revocation] [Conservation Order M-54, Revocation of ber 11, 1946) is amended in the follow­ Direction 2] ing respects: DR. SHELBY ATKINSON Section 1300.1101 Procedural regula­ RELEASE OF MOLASSES FOR AGRICULTURAL tions, is amended as follows: Suspension Order No. S-1015 was USES issued November 5, 1946, against Dr. 1. Paragraph (c) is redesignated: 2d Shelby Atkinson, North Little Rock, Direction 2 to Conservation Order Revised Procedural Regulation 4 ill Arkansas. An appeal was filed with the M-54 is hereby revoked. This revocation F. R. 14014); procedure for issuance of Chief Compliance Commissioner. The does not affect any liabilities incurred for rationing and priorities suspension orders case was reviewed by the Chief Com­ violation of this direction or of any ac­ and determination of violations. • pliance Commissioner, who directed that tions taken by the Civilian Production 2. In paragraph (c), subparagraphs the suspension order be revoked forth­ Administration under it. (1), (2), (3), and (4) are renumbered with. In view of thé foregoing: Issued this 17th day of January 1947. respectively: (2), (3), (4), and (5). It is hereby ordered, That § 1010.1015, 3. A new subparagraph (1) is inserted Suspension Order No. S-1015 be revoked. Civilian Production as follows: Administration, Issued this 16th day of January 1947. By J. J oseph Whelan, (1) Scope of regulation. A rationing Recording Secretary. suspension proceeding and a determina­ Civilian Production tion proceeding may be joined and one Administration, [F. R. Boc. 47-602; Filed, Jan. 17, 1947; hearing held for both. By J. J oseph Whelan, 11:17 a. m.] Recording Secretary. Philip B. F leming, Temporary Controls Administrator. [F. R. Doc. 47-595; Filed, Jan. 17, 1947; 11:16 a. m.j January 17, 1947. / Part 3293—Chemicals [F. R. Doc. 47-509; Filed, Jan. 17, 1947; / [General Allocation Order M-300, Revocation 8:50 a. m.] of Direction 3] P art 3293—Chemicals RELEASE OF CHEMICALS NOT NEEDED FOR [Conservation Order M-54, Revocation of ALLOCATED USES Part 1418—Territories and P ossessions Direction 1] Direction 3 to General Allocation Or­ [RMPR 373, Amdt. 119 (§ 1418.151)] RELEASE OF MOLASSES FOR MANUFACTURE OF der M-300 is hereby revoked. This re­ MAXIMUM PRICES OF CERTAIN COMMODITIES MIXED FEED vocation does not affect any liabilities IN HAWAII incurred for violation of this direction Direction 1 to Conservation Order or of any actions taken by the War Pro­ A statement of the considerations in­ M-54 is hereby revoked. This revoca­ duction Board or the Civilian Production volved in the issuance of this amendment, tion does not affect any liabilities in­ Administration under it. issued simultaneously herewith, has curred for violation of this direction or been filed with the Division of the Federal of any actions taken by the War Pro­ Issued this 17th day of January 1947. Register. duction Board or the Civilian Produc­ Civilian P roduction Revised Maximum Price Regulation tion Administration under it. Administration, 373 is amended in the following respects: Issued this 17th day of January 1947. By J. J oseph Whelan, 1. Table A in section 39 is deleted. Recording Secretary. Civilian P roduction 2. A new item is added to Table B in Administration, [F. R. Doc. 47-600; Filed, Jan. 17, 1947; section 39, to read as follows: By J. J oseph Whelan, Recording Secretary. Com­ Divsion factors modity , [F. R. Doc. 47-601; Filed, Jan. 17, 1947; classifi­ Grocery item 11:17 a. m.] cation No. Column 1 Column 2 P art 3293—Chemicals [Conservation Order M-300, Revocation of 32 ■Rice . 84 87 Direction 6]

P art 944—R egulations Applicable to METHANOL 3. Section 58 is redesignated section the Operation of the P riorities Sys­ 58 (a) and a new section 58 (b) is added Direction 6 to Conservation Order to read as follows: tem M-300 is hereby revoked. This revoca­ [Priorities Reg. 13, Revocation of Direction tion does not affect any liabilities in­ (b) Automatic adjustment of maxi­ 16] curred for violation of this direction or of mum price. If the maximum price in any actions taken by the Civilian Produc­ effect on January 6, 1947, applicable to URGENCY CERTIFICATES FOR SURPLUS tion Administration under it. sales of Hawaiian molasses in the conti­ MATERIALS AND EQUIPMENT Issued this 17th day of January 1947. nental United States, as established by Direction 16 to Priorities Regulation 13 section 35 (b) of Supplementary Regu­ is hereby revoked. This action does not Civilian P roduction lation 14 F to the Gênerai Maximum affect any liabilities incurred for viola­ Administration, Price Regulation, is thereafter increased tion of the direction or of actions taken By J. Joseph Whelan, by the Office of Temporary Controls, by the Civilian Production Administra­ Recording Secretary. Office of Price Administration, the maxi­ tion under the direction. The CPA will [F. R. Doc. 47-603; Filed, Jan. 17, 1947; mum price set forth in paragraph (a) no longer issue new certificates or extend 11:17 a. m.j above may be increased by an amount the expiration date of outstanding cer­ equal to such increase. tificates. However, every outstanding ------y This amendment shall become effec­ urgency certificate issued under this di­ tive January 22, 1947. rection before January 17, 1947 remains Chapter XI— Office of Temporary Con­ Issued this 17th day of January 1947. valid until filled or until its expiration trols, Office of Price Administration date, whichever is earlier. Philip B. F leming, Part 1300—P rocedure Issued this 17th day of January 1947. Temporary Controls Administrator. [Arndt. 2] Civilian Production Statement of the Considerations Involved Administration, procedural regulations in the Issuance of Amendment 119 to By J. Joseph Whelan, The description of administrative pro­ Revised Maximum Price Regulation Recording Secretary. cedures required by section 3 (a) (1) of 373 [F. R. Doc. 47-597; Filed, Jan. 17, 1947; the Administrative Procedures Act (ap­ Sugar, syrup and rice, the commodi­ 11:16 a. m.] pearing on pages 177A-634 through 177A- ties remaining under control in the Saturday, January 18, 1947 FEDERAL REGISTER 391 Territory of Hawaii, are currently priced seaboard cane sugar refinery nearest basis price paid by Commodity Credit at the retail level under section 39 of freightwise to the point of delivery, shall Corporation, its selling price must be in­ Revised Maximum Price Regulation 373. -be as follows: creased by a correspondng amount to Specific dollars-and-cents prices are pro­ (i) For sales of fine granulated cane sugar permit it to continue to import sugar and vided for these items in Table A of that refined in Continental United States, $6.20. fmiction within its legal limits. The section. If the item being priced is not (ii) For sales of fine granulated beet sugar earlier advances in maximum prices for listed in Table A, the retailer computes processed in Continental United States, $8.10. sugar mentioned above were based upon his maximum price by using the appli­ (iii) For sales of fine granulated cane sugar such increases. cable division (markup) factor provided from off-shore areas, domestic or foreign, However, the Secretary of Agriculture duty paid, $6.15. has notified the Administrator that ad­ in Table B. Dollars-and-cents retail (iv) For sales of turbinado, washed-white prices for specific items must be revised or similar sugar from off-shore areas, do­ vances in the Index of Food Prices have from time to time to reflect changes in mestic or foreign, duty paid, for direct con­ exceeded his previous estimates, upon wholesale costs and landing costs. As sumption, $5.85. which the last sugar maximum price the Territorial Office is no longer (v) For sales of plantation granulated increase was predicated, and therefore equipped to collect the necessary data, sugar processed from United States mainland recommends that at this time it is neces­ make the computations and draft ap­ sugar cane, $6.10. sary to provide the increases affected by propriate amendments, the continuation (vi) For sales of direct-consumption sugars the accompanying amendments. other than those provided for above, in this These increases are made applicable of dollars-and-cents prices is not feasi­ section, processed from United States main­ ble. Therefore, the accompanying land sugar cane including but not limited to all sugars covered by the regulations amendment deletes Table A from section to turbinado, plantation white and high- as has been the case with earlier in­ 39, thereby bringing all sales of sugar, washed sugars, $6.00. creases, for the same reasons outlined in syrup and rice at retail within the auto­ the statements of considerations accom­ matic pricing* provisions of Table B. A 2. In section 2 (b) (1) the figure “$5.15”panying the issuance of Amendments 2 necessary concomitant of this action is is substituted for the figure “4.965.” and 3 to Maximum Price Regulation 16. the establishment of division factors for This amendment shall become effective [F. R. Doc. 47-610* Filed, Jan. 17, 1947; rice. The factors for rice provided by 12:01 a. m. January 18,1947. 11:29 a. m.] this amendment are the same as those used prior to their deletion from Table Issued this 17th day of January 1947. B by amendment 82 to RMPR 373 and Philip B. F leming, represent the average percentage mark­ Temporary Controls Administrator. P art 1334—Sugar ups as were in effect on March 31,1946. Approved: January 15, 1947. This amendment also adds an auto­ [MPR 16,1 Amdt. 5] matic adjustment provision to section Clinton P. Anderson, RAW CANE SUGAR 58 under which the dollar-and-cent price Secretary of Agriculture. fixed for molasses may be increased by A statement of the considerations in­ the same amount of any increases Statement of the Considerations In­ volved in the issuance of this amend­ volved in the Issuance of Amendment ment, issued simultaneously herewith, granted to mainland sellers of Hawaiian has been filed with the Division of the molasses sold for use by feeders or feed ^ No. 5 to Maximum Price Regulation 16 manufacturers. The bulk of the mo­ and Amendment No. 8 to Maximum Federal Register. Price Regulation 60 Maximum Price Regulation 16 is lasses produced and sold in the Terri­ amended in the following respects: tory is used for feed, and since the Terri­ The accompanying amendments to In sections 8 (a) (1) (i) and 8 (b) (1) torial price has always been geared to Maximum Price Regulations Nos. 16 and the figure “4.755” is substituted for the the price established for mainland sales 60 increase the maximum prices of raw figure “4.57.” and considered together, the automatic cane sugar and direct-consumption raw adjustment provision win remove the sugar 18 V2 cents per hundredweight and This amendment shall become effective necessity of amending Revised Maximum of all direct-consumption sugars, except 12:01 a. m*. January 18, 1947. Price Regulation 373 should increased direct-consumption raw sugar, 20 cents Issued this 17th day of January 1947. prices be authorized for mainland sales per hundredweight. of Hawaiian molasses. On September 18 and November 20, P hilip B. Fleming, For the foregoing reasons, the Admin­ 1946, it was found necessary to increase Temporary Controls Administrator. istrator finds that tlje actions taken,by maximum prices of raw cane sugar and Approved: January 15, 1947. this amendment are generally fair and "direct-consumption sugars by Amend­ equitable and will effectuate the purposes ments 3 and 4 to MPR 16 and Amend­ C linton P. Anderson, of the Emergency Price Control Act of ments 4 and 7 to MPR 60 in order to Secretary of Agriculture. 1942, as amended, and the applicable Ex­ permit the Commodity Credit Corpora­ Statement of the Considerations Involved ecutive orders.® tion to continue the importation of Cu­ in the Issuance of Amendment No. 5 [F. R. Doc. 47-503; Filed, Jan. 17,''12£Z; ban sugar into the United States under to Maximum Price Regulation 16 and 8:46 a. m.] the terms of its contract with the Cuban Amendment No. 8 to Maximum Price government. This contract contains an Regulation 60 adjustment clause which, as explained in the statements of considerations accom­ The accompanying amendments to P art 1334—Sugar panying the foregoing amendments, pro­ Maximum Price Regulation Nos. 16 and 60 increase the maximum prices of raw [MPR 60,1 Amdt. 8] vides for increases in the basis price which Commodity Credit Corporation cane sugar and direct-consumption raw DIRECT CONSUMPTION SUGAR must pay for the sugar when certain in­ sugar I8 V2 cents per hundredweight and A statement of the considerations in­ creases occur in either the Consumer of all direct-consumption sugars, except volved in the issuance of this amendment Price Index or the Index of Retail Food direct-consumption raw sugar, 20 cents has been issued simultaneously herewith Prices as published by the Bureau of per hundredweight. and filed with the Division of the Federal Labor Statistics. On September 18 and November 20, Register. Under the terms of section 6 (c) of the 1946, it was found necessary to increase Maximum Price Regulation 60 is “Price Control Extension Act of 1946” maximum prices of raw cane sugar and amended in the following respects: * Commodity Credit Corporation may not direct-consumption sugars by Amend­ “absorb any increase in the price paid for ments 3 and 4 to MPR 16 and Amend­ 1. Section 2 (a) (1) is amended to read ments 4 and 7 to MPR 60 in order to per­ as follows: Cuban sugar over 3.675 cents per pound, f. o. b. Cuba, (the minimum basis price mit the Commodity Credit Corporation (1) The maximum basis prices for the to continue the importation of Cuban following direct-consumption sugars per established by the Cuban contract) as sugar into the United States under the one hundred pounds, f. o. b. United States being paid for such sugar on June 30, terms of its contract with the Cuban 1946.” Accordingly, whenever the opera­ government. This contract contains an 110 P. R. 14816; 11 P. R. 1434, 3299, 7036, tion of the adjustment clause in the Cu­ 13254, 13524, 13695. ban contract results in an increase in the * 10 F. R. 10978; 11 F. R. 1434, 3201, 13694. 392 RULES AND REGULATIONS

adjustment clause which, as explained this paragraph no longer shall apply to tions imposed by this regulation: Pro­ in the statements of considerations ac­ the rooms in the establishment; but, un- vided, however, That any application companying the foregoing amendments, .less otherwise provided in the order, the which is not in proper form or omits provides for increases in the basis price maximum rent for a weekly term of oc­ information required from the landlord which Commodity Credit Corporation cupancy shall apply where, after the date shall be void. must pay for the sugar when certain in­ of issuance of the order, a tenant re­ (2) At any time subsequent to the ap­ creases occur in either the Consumer mains in occupancy for a continuous pe­ plication of the landlord on Form Price Index or the Index of Retail Food riod of more than ten days, and the max­ DH-DC, the area rent director may re­ Prices as published by the Bureau of imum rent for a monthly term of occu­ quire the submission of such books and Labor Statistics. pancy shall apply where, after the date records as, in his opinion, are necessary Under the terms of section 6 (c) of the of issuance of the order, a tenant re­ to substantiate the statements made by “Price Control Extension Act of 1946” mains in occupancy for continuous pe­ the landlord thereon. In default of sub­ Commodity Credit Corporation may not riod of more than thirty days, regardless mission of adequate records, or if the "absorb any increase in the price paid of whether the tenant occupies the same application contains material misrep­ for Cuban sugar over 3.675 cents per room in the establishment during the resentations of fact, the area rent di­ pound, f. o. b. Cuba, (the minimum basis specified period. The maximum rent on rector may, by order, void the landlord’s price established by the Cuban contract), a weekly or monthly basis, as the case application and rooms in the building or as being paid for such sugar on June may be, shall apply from the date of establishment shall thereupon become 30, 1946.” Accordingly, whenever the issuance of the order of the date on subject to maximum rents provided by operation of the adjustment clause in the which occupancy commenced, whichever this regulation for all terms of occu­ Cuban contract results in an increase is the later. pancy and number of occupants and to in the basis price paid by Commodity the other provisions thereof to the same Credit Corporation, its selling price must 2. Section 4 is amended by adding extent as if no application had been be increased by a corresponding amount paragraph (h) to read as follows' filed under this paragraph 4 (h). to permit it to continue to import sugar (h) Optional decontrol of daily rates. (3) In the event an order has been and function within its legal limits. The (1) On and after February 1, 1947, any entered on an application by the land­ earlier advances in maximum prices for landlord who is the proprietor or oper­ lord under section 2 (b) (5) hereof, re­ sugar mentioned above were based upon ator of an establisment classified as a lieving the establishment of its obligation such increases. transient hotel, residential hotel, or mo­ to offer rooms for weekly or monthly However, the Secretary of Agriculture tor court, may apply to the area rent terms of occupancy to the extent pro­ has notified the Administrator that ad­ director for the decontrol of maximum vided therein, the number of permanent vances in the Index of Food Prices have daily rates on selected rooms in such es­ rooms the landlord shall be required to exceeded his previous estimates, upon tablishment on OPA Form DH-DC. On offer only for weekly or monthly terms, which the last sugar maximum price in­ such form, the landlord shall list by num­ in the event application is made under crease was predicated, and therefore rec­ ber or location specific rooms in the subparagraph (1) of this section 4 (h), ommends that at this time it is neces­ building or establishment equal in num­ shall be the highest number rented at sary to provide the increases affected by ber to the maximum number he is re­ any one time for weekly or monthly the accompanying amendments. quired to rent for weekly or monthly terms during the month of December These increases are made applicable terms pursuant to the provisions of sec­ 1946. to all sugars covered by the regulations tion 2 hereof and any ordér entered (4) The provisions of this section 4 (h) as has been the case with earlier in­ thereunder, or, if the rooms in the build­ shall not apply to rooms in hotels or mo­ creases, for the same reasons outlined ing or establishment were first rented tor courts which are first rented after in the statements of considerations ac­ subsequent to the applicable monthly pe­ February 1, 1947, and result from the companying the issuance of Amendments riod specified in section 2 (b) (2), then conversion of housing accommodations 2 and 3 to Maximum Price Regulation 16. equal in number to the highest number subject to the rent regulation for [F. Rf ~ Doc. 47-609; Filed, Jam 17, 1947; actually rented for weekly or monthly housing, 11:29 a. m.j / terms at any one time during the month (5) In the event the original records of December 1946, or to the number that pertaining to the duty of a landlord to the landlord is required to offer for rent offer rooms for weekly or monthly occu­ for weekly or monthly terms under any pancy have been destroyed or are other- Part 1388—D efense-R ental Areas order entered by the area rent director, wisp unavailable for reasons beyond his [Transient Hotels, Residential Hotels, Room* whichever is the higher. Such rooms control, the area rent director may, on ing Houses and Motor Courts, Miami Area,1 shall be known as permanent rooms petition by the landlord, and on due proof Arndt. 24 (§ 1388.1231)] for the purposes of this regulation and of loss and a finding that the loss or de­ shall, after Februar/ 15, 1947, or*the struction of the records was without TRANSIENT HOTELS, RESIDENTIAL HOTELS, date of filing, whichever is later, be fault on the part of the petitioner, enter ROOMING HOUSES AND MOTOR COURTS IN rented or' offered for rent only on a an order fixing the number of permanent MIAMI weekly or monthly basis: Provided, how­ rooms on the basis of the best available The rent regulation for transient ho­ ever, That individual permanent rooms evidence or, in the default of substantial tels, residential hotels, rooming houses may be rented for periods less than one evidence, on the basis of the number of and motor courts in the Miami Defense- week at a daily rate of not to exceed one- weekly or monthly guests in comparable Rental Area is amended in thé following seventh of the weekly rate or one-thir­ buildings or establishments in the area respects : tieth of the monthly rate, whichever may during the applicable quota month. If be applicable to the particular room and the building or establishment is classified 1. The first paragraph of section 2 (b) number of occupants. Included in the by the area rent director as a transient (5) is amended to read as follows: • permanent rooms listed by the landlord hotel, residential hotel or motor court, (5) Weekly and monthly terms of oc­ shall be those occupied by weekly or the landlord may thereafter apply on cupancy 50% or less. A landlord who is monthly tenants at the time of applica­ OPA Form DH-DC for decontrol of daily required to rent for weekly or monthly tion up to the number the landlord is rates as provided by subparagraph (1) terms of occupancy 50% or less of the required to rent for weekly or monthly of this section 4 (h) and the number of rooms in the establishment, under sub- terms. permanent rooms he will be required to paragraph (2) of this paragraph, may If such application is filed on OPA offer only for weekly or monthly terms petition the Administrator to be relieved Form DH-DC, maximum daily rents es­ shall be the number specified in the or­ of such requirement, provided such peti­ tablished by this regulation for all rooms der of the area rent director, and shall tion is filed and an order entered prior to in the building or establishment other be identified by him by number or loca­ January 20, 1947. Upon issuance of an than permanent rooms shall, on and tion, as provided in said subparagraph order granting such petition, the provi­ after February 15, 1947, or the date of (1 ). sions of subparagraphs (2) and (3) of the filing of such application, whichever (6) At intervals of not less than three is later, no longer be applicable. Such months from the date of the original ap­ 110 F. R. 318, 2405, 5090, 9445, 11071, 15212; rooms may thereafter be rented for daily plication, a landlord may file a supple­ 11 F. R. 4015, 5951, 6136, 8164, 10510, 12946. terms of occupancy free of the limita­ mental application to substitute other N Saturday, January 18, 1947 FEDERAL REGISTER 393 permanent rooms for those listed in the sential war business as well as by fami­ P art 1388—D efense-R ental Areas original application: Provided, however, lies of members of the services visiting {Transient Hotels, Residential Hotels, Room­ That no application for the substitution them in camps and hospitals made the ing Houses and Motor Courts, New York of one permanent room for another shall maintenance of rent ceilings on hotel City Area,1 Arndt. 31 (§ 1388.1291) ] be made unless the permanent room for rooms occupied by transient guests vital. With the virtual cessation of this type TRANSIENT HOTELS, RESIDENTIAL HOTELS, which the landlord desires to substitute ROOMING HOUSES AND MOTOR COURTS IN another is vacant or occupied by a ten­ of travel and consistent with the desire NEW YORK CITY AREA ant who desires to move into the substi­ of the Administrator to remove controls tute room. If no maximum weekly or wherever feasible, this amendment now The rent regulation,for transient ho­ monthly rents are established for the makes it possible for a landlord to obtain tels, residential hotels, rooming houses substitute room, the rents changed there­ the decontrol of daily rates on rooms and motor courts in the New York City for shall be no higher than the weekly occupied by transient guests. Defense-Rental Area is amended in the or monthly rents generally prevailing in At the same time the Administrator following respects: the building or establishment for com­ feels it vital that permanent guests in 1. The first paragraph of section 2 (b) parable rooms. hotels and motor courts should be fully protected. The vast majority of such (5) is amended to read as follows: 3. Section 6 (d) (2) is amended to read accommodations are occupied by work­ (5) Weekly and monthly terms of oc­ as follows: ing people, students, many of them ex- cupancy 50% or less. A landlord who is (2) Daily or weekly tenants. A ten­ servicemen and women, and others liv­ required to rent for weekly or monthly ant occupying a room within a transient ing on fixed incomes who would find it terms of occupancy 50% or less of the hotel on a daily or weekly basis or a difficult if not impossible to find alter­ rooms in the establishment, under sub- tenant occupying on a daily basis a room nate accommodations in the face of the paragraph (2) of this paragraph, may in a residential hotel, rooming house or current housing shortage. Such rooms petition the Administrator to be relieved motor court which has heretofore usually are as much a part of the general hous­ of such requirement, provided such peti­ been rented on a daily basis: Provided, ing supply as homes and apartments. tion is filed ahd an order entered prior That the provisions of this section do The Industry Advisory Committees both to January 20, 1947. Upon issuance of apply to a tenant on a daily or weekly for the hotel and motor court industries an order granting such petition, the pro­ basis who has requested a weekly or are in full agreement with the Admin­ visions of subparagraphs (2) and (3) monthly term of occupancy pursuant to istrator in the protection of permanent of this paragraph no longer shall apply section 2 (b) (3) or (7): And provided tenants and have cooperated with the to the rooms in the establishment; but, further, That the provisions of this sec­ Administrator in drafting the text of unless otherwise provided in the order, tion shall apply to a tenant occupying this amendment. the maximum rent for a weekly term of a permanent room on a weekly basis in Under the amendment, application can occupancy shall apply where, after the a building or establishment, the land­ be made any time after February 1, date of issuance of the order, a tenant lord of which has applied for decontrol 1947, for a decontrol of daily rates on remains in occupancy for a continuous of daily rates under the provisions of transient rooms on a form supplied by period of more than 10 days, and the section 4 (h). the Administrator. On this form the maximum rent for a monthly term of landlord will report the number of rooms occupancy shall apply where, after the 4. Section 13 (a) is amended by adding he is required to rent for weekly or date of issuance of the order, a tenant paragraph (19) to read as follows: monthly terms under present regulations remains in occupancy for a continuous (19) “Permanent room” means a room and will then select specific rooms equal period of more than thirty days, regard­ specified by a landlord in an application to this number which he will thereafter less of whether the tenant occupies the for decontrol of daily rates under sec­ only be permitted to rent for such terms. same room in the establishment during tion 4 (h), which may be rented only for These rooms will be known as permanent the specified period. The maximum weekly or monthly occupancy under the rooms. If the form is properly filled rent on a weekly or monthly basis, as provisions of that section. out he may, after February 15,1947, rent the case may be, shall apply from the the remaining rooms for daily occupancy date^i-iSsuance of the order or the date Issued: January 17, 1947. free of the present maximum rents for i(pifwhich occupancy commenced, which­ Effective: January 20, 1947. such occupancy. ^ ever is the later. Philip B. F leming, Since the necessity for provisions of Temporary Controls Administrator. section 2 (b) (6) is virtually done away 2. Section 4 is amended by adding with by the addition of section 4 (k), paragraph (h) to read as follows: Statement to Accompany Amendment the amendment provides that after Jan­ (h) Optional decontrol of daily rates. 102 to the Rent Regulation for Tran­ uary 20, 1947, no further applications (1) On or after February 1, 1947, any sient Hotels, Residential Hotels, Room­ may be made under section 2 (b) (6). landlord who is the proprietor or opera­ ing Houses and Motor Courts; Amend­ The protection of the eviction sections tor of an establishment classified as a ment 31 to the Rent Regulation for of tfie regulation are also extended to transient hotel, residential hotel, or mo­ Transient Hotels, Residential Hotels, weekly occupants of permanent rooms in tor court, may apply to the area rent Rooming Houses and Motor Courts in transient hotels by an appropriate director for the decontrol of maximum the New York City Defense-Rental change in section 6 (d) (2). daily rates on selected rooms in such es­ Area; Amendment 24 to the Rent Reg­ In the judgment of the Price Admin­ tablishment on OPA Form DH-DC. On ulation for Transient Hotels, Residen­ istrator, these amendments are neces­ such form the landlord shall list by num­ tial Hotels, Rooming Houses and Mo­ sary and proper in order to effectuate the ber or location specific rooms in the tor Courts in the Miami Defense- purposes of the Emergency Price Con­ building or establishment equal in num­ Rental Area trol Act. ber to the maximum number he is re­ By Amendment 102 section 4 (k) is No provisions which might have thé quired to rent for weekly or monthly added to existing regulations and pro­ effect of requiring a change in estab­ terms pursuant to the provisions of sec­ vides a method whereby a landlord who lished rental practices have been in­ tion 2 hereof and any order entered is the proprietor or operator of an es­ cluded in the amendments unless such thereunder, or, if the rooms in the build­ tablishment classified by the area rent provisions have been found necessary to ing or establishment were first rented director as a transient hotel, residential achieve effective rent control and to pre­ subsequent to the applicable monthly pe­ hotel or motor court, may apply for the vent circumvention or evasion of the riod specified in section 2 (b) (2), then decontrol of daily rates on transient rent regulations and the act. To the equal in number to the highest number rooms. At the same time weekly or extent that the provisions of these actually rented for weekly or monthly monthly guests in such establishments amendments compel or may operate to terms at any one time during the month are protected both from unwarranted compel changes in established rental of December 1946, or to the number that eviction and the payment of a weekly practices, such provisions are necessary the landlord is required to offer for rent or monthly rent in excess of the present to prevent circumvention or evasion of for weekly or monthly terms under any máximums. the rent regulations and the act. order entered by the area rent director, During the war period travel by mili­ [F. R. Doc. 47-608; Filed, Jan. 17, 1947; tary personnel and those engaged in es- 11:28 a. m.] * Il F. R. 4025, 5951, 5823, 8164, 10529, 12948. 394 RULES AND REGULATIONS-

whichever is the higher. Such rooms on petition by the landlord, and on due Statement to Accompany Amendment shall be known as permanent rooms for proof of loss and a finding that the loss 102 to the Rent Regulation for Tran­ the purposes of this regulation and shall, or destruction of the records was with­ sient Hotels, Residential Hotels, Room­ after February 15, 1947, or the date of out fault on the part of the petitioner, ing Houses and Motor Courts; Amend­ filing, whichever is later, be rented or enter an order fixing the number of per­ ment 31 to the Rent Regulation for offered for rent only on a weekly or manent rooms on the basis of the best Transient Hotels, Residential Hotels, monthly basis: Provided, however, That available evidence or, in the default of Rooming SHouses and Motor Courts in individual permanent rooms may be substantial evidence, on the basis of the the New York City Defense-Rental rented for periods less than one week at number of weekly or monthly guests in Area; Amendment 24 to the Rent Reg­ a daily rate of not to exceed one-seventh comparable buildings or establishments ulation for Transient Hotels, Residen­ of the weekly rate or one-thirtieth of in the area'during the applicable quota tial Hotels, Rooming Houses and Motor the monthly rate, whichever may be ap­ month. If the building or establishment Courts in the Miami Defense-Rental plicable to the particular room and num­ is classified by the area rent director as Area ber of occupants. Included in the per­ a transient hotel, residential hotel or manent rooms listed by the landlord motor court, the landlord may there­ By Amendment 102 section 4 (k) is shall be those occupied by weekly or after apply on OPA Form DH-DC for added to existing regulations and pro­ monthly tenants at the time of applica­ decontrol of daily rates as provided by vides a method whereby a landlord who is tion up to the number the landlord is subparagraph (1) of this section 4 (h) the proprietor or operator of an estab­ required to rent for weekly or monthly and the number of permanent rooms he lishment classified by the area rent di­ terms. will be required to offer only for weekly rector as a transient hotel, residential If such application is filed on OPA or monthly terms shall be the number hotel or motor court, may apply for the Form DH-DC, maximum daily rents es­ specified in the order of the area rent decontrol of daily rates on transient tablished by this regulation for all rooms director, and shall be identified by h im rooms. At the same time weekly or in the building or establishment other by number or location, as provided in monthly guests in such establishments than permanent rooms shall, on and after said subparagraph (1). are protected both from unwarranted February 15, 1947, or the date of the (6) At intervals of not less than three-eviction and the payment of a weekly or filing of^such application, whichever is months from the date of the original monthly rent in excess of the present later, no longer be applicable. Such application, a landlord may file a sup­ maximums. rooms may be rented thereafter for daily plemental application to substitute oth­ During the war period travel by mili­ terms of occupancy free of the limita­ er permanent rooms for those listed in tary personnel and those engaged in es­ tions imposed by this regulation: Pro­ the original application provided, how­ sential war business as well as by families vided, however, That any application ever, that no application for the substi­ of members of the services visiting them which is not in proper form or omits in­ tution of one permanent room for an­ in camps and hospitals made the main­ formation required from the landlord other shall be made unless the perma­ tenance of rent ceilings on hotel rooms shall be void. nent room for which the landlord occupied by transient guests vital. With (2) At any time subsequent to the ap­ desires to substitute another is vacant the virtual cessation of this type of travel plication of the landlord on Form DH- or occupied by a tenant who desires to and consistent with the desire of the Ad­ DC, the area rent director may require move into the substitute room. If no ministrator to remove controls where - the submission of such books and rec­ maximum weekly or monthly rents are ever feasible, this amendment now makes ords as, in his opinion, are necessary to established for the substitute room, the it possible for a landlord to obtain the substantiate the statements made by the rents charged therefor shall be ho higher decontrol of daily rates on rooms occu­ landlord thereon. In default of submis­ than the weekly or monthly rents gen­ pied by transient guests. sion of adequate records, or if the appli­ erally prevailing in the building or es­ At the same time the Administrator cation contains material misrepresenta­ tablishment for comparable rooms. feels it vital that permanent guests in tions of fact, the area rent director may, hotels and motor courts should be fully by order, void the landlord’s application 3. Section 6 (d) (2) is amended to protected. The vast majority of such ac­ and rooms in the building or establish­ read as follows: commodations are occupied by working ment shall thereupon become subject to (2) Daily or weekly tenants. A tenant people, students, many of them ex-serv­ maximum rents provided by this regula­ occupying a room within a transient ice men and women, and others living on tion for all terms of occupancy and num­ hotel on a daily or weekly basis or a fixed incomes who would find it difficult ber of occupants and to the other pro­ tenant occupying on a daily basis a room if not impossible to find alternate accom­ visions thereof to the same extent as if no in a residential hotel, rooming house or modations in the face of the current application had been filed under this motor court which has heretofore usu­ housing shortage. Such rooms are as paragraph 4 (h). ally been rented on a daily basis: Pro­ much a part of the general housing sup­ (3) In the event an order has been vided, That the provisions of this section ply as homes and apartments. The In­ entered on an application by the land­ do apply to a tenant on a daily or weekly dustry Advisory Committees both for the lord under section 2 (b) (5) hereof, re­ basis who has requested a weekly or hotel and motor court industries are in lieving the establishment of its obliga­ monthly term of occupancy pursuant to full agreement with the Administrator tion to offer rooms for weekly or monthly section 2 (b) (3) or (7).: And provided, in the protection of permanent tenants terms of occupancy to the extent pro­ further, that the provisions of this sec­ and have cooperated with the Adminis­ vided therein, the number of permanent tion shall apply to a tenant occupying trator in drafting the text of this amend­ rooms the landlord shall be required to a permanent room on a weekly basis in a ment. offer only for weekly or monthly terms, building or establishment, the landlord Under the amendment, application in the event application is made under of which has applied for decontrol of can be made any time after February 1, subparagraph (1) of this section 4 (h), 1947, for a decontrol of daily rates on daily rates under the provisions of sec­ transient rooms on a form supplied by shall be the highest number rented at tion 4 (h). any one time for weekly or monthly terms the Administrator. On this form the during the month of December 1946. 4. Section 13 (a) is amended by add­ landlord will report the number of rooms (4) The provisions of this section 4 (h) ing paragraph (19) to read as follows: he is required to rent for weekly or shall not apply to rooms in hotels or mo­ monthly terms under present regulations (19) “Permanent room” means a room and will then select specific rooms equal tor courts which are first rented after specified by a landlord in an application February 1,1947, and result from the con­ to this number which he will thereafter version of housing accommodations sub­ for decontrol of daily rates under section only be permitted to rent for such terms. ject to the Rent Regulation for Housing. 4 (h), which may be rented only for These rooms wifl'be known as permanent weekly or monthly occupancy under the rooms. If the form is properly filled out (5) In the event the original records provisions of that section. he may, after February 15,1947, rent the pertaining to the duty of a landlord to remaining rooms for daily occupancy offer rooms for weekly or monthly oc­ Issued: January 17, 1947. free of the present maximum rents for cupancy have been destroyed or are Effective: January 20,1947. such occupancy. otherwise unavailable for reasons beyond Philip B. F leming, Since the necessity for provisions of his control, the area rent director may, Temporary Controls Administrator, section 2 (b) (6) is virtually done away Saturday, January 18, 1947 FEDERAL REGISTER 395 with by the addition of section 4 (k), the occupancy commenced, whichever is the tion for all terms of occupancy and num­ amendment provides that after January later. ber of occupants and to the other provi­ 20, 1947, no further applications may be 2. Section 4 is amended by adding sions thereof to the same extent as if no made under section 2 (b) (6). paragraph (k) to read as follows : application had been filed under this The protection of the eviction sections paragraph 4 (k). of the regulation are also extended to (k) Optional decontrol of daily rates. (3) In the event an order has been weekly occupants of permanent rooms (1) On or after February 1, 1947, any entered on an application by the land­ in transient hotels by an appropriate landlord who is the proprietor or op­ lord under section 2 (b) (6) hereof, re­ change in section 6 (d) (2). . erator of an establishment classified as lieving the establishment of its obligation In the judgment of the Price Adminis­ a transient hotel, residential hotel, or to offer rooms for weekly or monthly trator, these amendments are necessary motor court, may apply to the area rent terms of occupancy to the extent pro­ and proper in order to effectuate the pur­ director for the decontrol of maximum vided therein, the number of permanent poses of the Emergency Price Control daily rates on selected rooms in such rooms the landlord shall be required to Act. establishment on OPA Form DH-DC. offer only for weekly or monthly terms, No provisions which might have the On such form the landlord shall list by in the event application is made under effect of requiring a change in established number or location specific rooms in the subparagraph (1) of this Section 4 (k), rental practices have been included in building or establishment equal in num­ shall be the highest number rented at the amendments unless such provisions ber to the maximum number he is re­ any one time for weekly or monthly have been found necessary to achieve quired to rent for weekly or monthly terms during the month of December effective rent control and to prevent cir­ terms pursuant to the provisions of 1946. cumvention or evasion of the rent regu­ Section 2 hereof and any order entered (4) The provisions of this section 4 lations and the act. To the extent that thereunder, or, if the rooms in the build­ (k) shall not apply to rooms in hotels or the provisions of these amendments ing or establishment were first rented motor courts which are first rented after compel or may operate to compel changes subsequent to the applicable monthly February 1, 1947, and result from the in established rental practices, such pro­ period specified in section 2 (b) (2) or conversion of housing accommodations visions are necessary to prevent circum­ 2 (b) (5), then equal in number to the subject to the rent regulation, for vention or evasion of the rent regulations highest number actually rented for housing.'"-!. . ; and the act. weekly or monthly terms at any one (5) In the event the original records [F. R. Doc. 47-607; Piled, Jan. 17, 1947; time during the month of December pertaining to the duty of a landlord to 11:28 a..m.j 1946, or to the number that the land­ offer rooms for weekly or monthly occu­ lord is required to offer for rent for pancy have been destroyed or are other­ weekly or monthly terms under any order wise unavailable for reasons beyond his entered by the area rent director, which­ control, the area rent director may, on Part 1388—D efense-R ental Areas ever is the higher. Such rooms shall be petition by the landlord, and on due known as permanent rooms for the pur­ proof of loss and a finding that the loss [Transient Hotels, Residential Hotels, Room­ poses of this regulation and shall, after or destruction of the reoords was without ing Houses and Motor Court,1 Amdt. 102 February Î5, 1947, or the date of- filing, fault on the part of the petitioner, enter (§ 1388.1231)] whichever is later, be rented or offered an order fixing the number of permanent TRANSIENT HOTELS, RESIDENTIAL HOTELS, for rent only on a weekly or monthly rooms on the basis of the best available ROOMING HOUSES AND MOTOR COURTS basis : Provided, however, That individual evidence or, in the default of substantial The rent regulation for transient permanent rooms may be rented for pe­ evidence, on the basis of the number of hotels, residential hotels, rooming houses riods less than one week at a daily rate weekly or monthly guests in comparable and motor courts is amended in the fol­ of not to exceed one-seventh of the buildings or establishments in the area lowing respects: weekly rate or one-thirtieth of the during the applicable quota month. If monthly rate, whichever may be applica­ the building or establishment is classified 1. The first paragraph of section 2 (b) ble to the particular room and number by the area rent director as a transient (6) is amended to read as follows: of occupants. Included in the perma­ hotel, residential hotel or motor court, (6) Weekly and monthly terms of occu- nent rooms listed by the landlord shall the landlord may thereafter apply on pany 50% or less. A landlord who is re­ be those occupied by weekly or monthly OPA Form DH-DC for decontrol of daily quired to rent for weekly or monthly tenants at the time of application up to rates as provided by subparagraph (1) of terms of occupancy 50% or less of the the number the landlord is required to this section 4 (k) and the number of per­ rooms in the establishment, under sub- rent for weekly or monthly terms. manent rooms he will be required to offer paragraph (2) of this paragraph, may If such application is filed on OPA only for weekly or monthly terms shall petition the Administrator to be relieved Form DH-DC, maximum daily rents es­ be the number specified in the order of of such requirement, provided such peti­ tablished by this regulation for all the area rent director, and shall be iden­ tion is filed and an order entered prior rooms in the building or establishment tified by him by number or location, as to January 20, 1947. Upon issuance of other than permanent rooms shall, on provided in said subparagraph (1). an order granting such petition, the pro­ and after February 15, 1947, or the date (6) At intervals of not less than three visions of subparagraphs (2) and (3) of of the filing of such application, which­ months from the date of the original ap­ this paragraph no longer shall apply to ever is later, no longer be applicable. plication, a landlord may file a supple­ the rooms in the establishment; but, un­ Such rooms may be rented thereafter for mental application to substitute other less otherwise provided in the order, the daily terms of occupancy free of the permanent rooms for those listed in the maximum rent for a weekly term of occu­ limitations imposed by this regulation: original application provided, however, pancy shall apply where, after the date Provided, however, That any applica­ that no application for the substitution of issuance of the order, a tenant remains tion which is not in proper form or of one permanent room for another shall in occupancy for a continuous period of omits information required from the be made unless the permanent room for more than ten days, and the'maxknum landlord shall be void. which the landlord desires to substitute rent for a monthly term of occupancy (2) At any time subsequent to the another is vacant or occupied by a tenant application of the landlord on Form DH- who desires to move into the substitute shall apply where, after th$ date of issu­ room. If no maximum weekly or month­ ance of the order, a tenant remains in DC, the area rent director may require the submission of such books and rec­ ly rents are established for the substitute occupancy for a continuous period of ords as, in his opinion, are necessary to room, the rents charged therefor shall be more than thirty days, regardless of substantiate the statements made by the no higher than the weekly or monthly whether the tenant occupies the same landlord thereon. In default of submis­ rents generally prevailing in the build­ room in the establishment during the sion of adequate’ records, or if the appli­ ing or establishment for comparable specified period. The maximum rent on cation contains material misrepresenta­ rooms. a weekly or monthly basis, as the case tions pf fact, the area rent director may, may be, shall apply f rom the date of issu­ by order, void the landlord’s application 3. Section 6 (d) (2) is amended to read ance of the order or the date on which and rooms in the building or establish­ as follows: ment shall thereupon become subject to (2) Daily or weekly tenants. A tenant *11 P. R. 13032, 13050, 13305. 14013. maximum rents provided by this régula - occupying a room within a transient 396 RULES AND REGULATIONS

hotel on a daily or weekly basis or a ing on fixed incomes who would find it educational and public-health institu­ tenant occupying on a daily basis a room difficult if not impossible to find alter­ tions for various types of equipment, in a residential hotel, rooming house or nate accommodations in the face of the which need in the case of educational in­ motor court which has heretofore usually current housing shortage. Such rooms stitutions has become acute because of been rented on a daily basis: Provided, are as much a part of the general hous­ an abnormal increase in enrollment in That the provisions of this section do ing supply as homes and apartments. the face of an accelerated obsolescence of apply to a tenant on a daily or weekly The Industry Advisory Committees both existing equipment; that in the case of basis who has requested a weekly or for the hotel and motor court industries elementary and secondary educational monthly term of occupancy pursuant to are in full agreement with the Admin­ institutions present facilities are wholly section 2 (b) (3) or (8): And provided, istrator in the protection of permanent inadequate to provide proper instruction, further, That the provisions of this sec­ tenants and have cooperated with the and existing budgets are insufficient to tion shall apply to a tenant occupying a Administrator in drafting the text of enable said institutions to purchase the permanent room on a weekly basis in a this amendment. needed equipment; that with respect to building or establishment, the landlord Under the amendment, application public-health institutions a similar situ­ of which has applied for decontrol of can be made any time after February 1, ation exists because of increased de­ daily rates under the provisions of sec­ 1947, for a decontrol of daily rates on mands for health services, and the need tion 4 (k). transient rooms on a form supplied by for suitable equipment is acute. 4. Section 13 (a) is amended by ad­ the Administrator. On this form the The War Assets Administrator has fur­ ding Paragraph (19) to read as follows: landlord will report the number of ther determined that the property which rooms he is required to rent for weekly is listed in Exhibit A herein is critically (19) “Permanent room” means a room or monthly terms under present regu­ needed by such educational and public- specified by a landlord in an application lations and will then select specific health institutions, that such property is for decontrol of daily rates under section rooms equal to this number which he suitable for educational and public- 4 (k) which may be rented only for will thereafter only be permitted to rent health use, and that it would be of great weekly or monthly occupancy under the for such terms. These rooms will be public benefit to make such property provisions of that section. known as permanent rooms. If the available to said institutions at a nominal Issued: January 17, 1947. form is properly filled out he may, after price. Effective: January 20, 1947. February 15, 1947, rent the remaining In view of the foregoing considerations, rooms for daily occupancy free of the the War Assets Administrator finds that Philip B. F leming, present maximum rents for such occu­ the benefit which will accrue to the Temporary Controls Administrator. pancy. United States from the use of such prop­ Statement To Accompany Amendment Since the necessity for provisions of erty by educational and public-health in­ 102 to the Rent Regulation for Tran­ section 2 (b) (6) is virtually done away stitutions justifies disposal to them of sient Hotels, Residential Hotels, Room­ with by the addition of section 4 (k), the such property at a nominal price, ap­ ing Houses and Motor Courts; Amend­ amendment provides that after January proximately sufficient to cover the cost of ment 31 to the Rent Regulation for 20, 1947, no further applications may be disposition, and that such nominal price Transient Hotels, Residential Hotels, made under section 2 (b) (6)*. should be five (5) percent of the fair Rooming Houses and Motor Courts in The protection of the eviction sections value of the property as established by the New York City Defense-Rental of the regulation are also extended to the disposal agency. Area; Amendment 24 to the Rent Reg­ weekly occupants of permanent rooms in Pursuant to the foregoing, it is hereby ulation for Transient Hotels, Residen­ transient hotels by an appropriate ordered that: tial Hotels, Rooming Houses and Motor change in section 6 (d) (2). § 8314.57 Disposal of personal prop­ Courts in the Miami Defense-Rental In the judgment of the Price Admin­ erty to educational and public-health in­ Area istrator, these amendments are neces­ sary and proper in order to effectuate stitutions—and instrumentalities. » (a) By Amendment 102 section 4 (k) is the purposes of the Emergency Price Notwithstanding the provisions of added to existing regulations and pro­ Control Act. § 8314.9 of this part, disposal agencies, vides a method whereby a landlord who No provisions which might have the after making such provisions as may be is the proprietor or operator of an es­ effect of requiring a change in estab­ necessary for offerings to priority claim­ tablishment classified by the area rent lished rental practices have been in­ ants in accordance with the provisions director as a transient hotel, residential cluded in the amendments unless such of Part 8302,2 are hereby authorized to hotel or motor court, may apply for the provisions have been found necessary to sell property listed in Exhibit A herein to decontrol of daily rates on transient achieve effective rent control and to pre­ educational and public-health institu­ rooms. At the same time weekly or vent circumvention or evasion of the tions and instrumentalities, as defined in monthly guests in such establishments rent regulations and the act. To the ex­ § 8314.1, whose orders have been ap­ are protected both from unwarranted tent that the provisions of these amend­ proved by the War Assets Administra­ eviction and the payment of a weekly or ments compel or may operate to compel tion, at a price equivalent to five (5) per monthly rent in excess of the present changes in established rental practices, cent of the fair value thereof, f. o. b. maximums. such provisions are necessary to prevent location. During the war period travel by mili­ circumvention or evasion of the rent (b) In considering applications or tary personnel and those engaged in es­ regulations and the act. orders of individual educational institu­ sential war business as well as by fami­ [F. R. Doc. 47-606; Filed, Jan. 17, 1947; tions or instrumentalities for property lies of members of the servioes visiting 11:28 a. m.j listed in Exhibit A, special consideration them in camps and hospitals made the shall be given to the needs of elementary maintenance of rent ceilings on hotel and secondary educational institutions. rooms occupied by transient guests vital. Chapter XXIII— War Assets (c) Applications or orders for instruc­ With the virtual cessation of this type of Administration tional equipment which have been or travel and consistent with the desire of shall be approved by the Federal Works the Administrator to remove controls [Reg. 14,1 Order 7] Agency, in accordance with § 8314.568 of wherever feasible, this amendment now P art 8314—D isposal to Nonprofit Insti­ this part, shall not be affected by the makes it possible for a landlord to obtain tutions and D iscounts for Educa­ provisions of this section. the decontrol of daily rates on rooms tional or Public-H ealth I nstitutions (d) When any of the property listed in occupied by transient guests. or Instrumentalities Exhibit A herein is or shall be in conflict At the same time the Administrator disposal of personal property to educa­ with any list of property set aside for feels it vital that permanent guests in tional AND PUBLIC-HEALTH INSTITUTIONS veterans under Part 8302* as now or hotels and motor courts should be fully AND INSTRUMENTALITIES hereafter in effect, the provisions of Part protected. The vast majority of such The War Assets Administrator has de­ 8302 shall be controlling. accofhmodations are occupied by work­ termined that there is an urgent need by ing people, students, many of them ex- » Reg. 2 (11 F. R. 14267; 12 F. R. 152). service men and women, and others liv­ 1 11 F. R. 11505. •Reg. 14, Order 6 (11 F. R. 11704, 14106). Saturday, January 18, 1947 FEDERAL REGISTER 397 (Surplus Property Act of 1944, as vent the importation of surplus property Electrical equipment and supplies—Con. amended (58 Stat. 765, as amended; 50 specified in Schedule A attached hereto Generator sets : portable and stationary, U. S. C. App. Sup. 1611) ; Public Law 181, as the same now stands or may hereafter diesel driven, 50 kw and up. 79th Cong..(59 Stat. 533; 50 U. S. C. App. be amended or supplemented to include Motors: fractional hp, AC, standard speci­ Sup. 1614a, 1614b); and E. 6 . 9689 (11 additional materials designated by the fications. P. R. 1265).) Motors: standard specifications, AC and President as necessary for reconversion universal types, 110, 220 and 440 V, 60 This section shall become effective in the United States. cycles. January 13, 1947. This order shall become effective im­ Pole line hardware: all types. Switchgear: all capacities and voltages. F ed­ R obert M. Littlejohn, mediately upon publication in the Wire and cable: aluminum: solid, stranded Administrator. eral R egister. or steel reinforced; bare, waterproofed, January 13, 1947. (58 Stat. 765; 59 Stat. 533; Pub. Law 375, insulated, lead covered or armored. Machinery and allied equipment : Exhibit A—Categories Suitable for Educa- 79th Cong., 60 Stat. 168; Pub. Law 584, ” Belting: conveyor. tional and P ublic-H ealth Use 79th Cong., 60 Stat. 754; 50 U. S. C. App. Belting: farm machinery types. Commodity Code Sup. 1611) Boring mills: horizontal and vertical. Classification Issued this 14th day of January 1947. Diesel power units: 70 to 250 hp. 414400 Object detection apparatus (Radar Engines and hoists: logging, 100 to 300 hp and Loran). James F. B yrnes, (donkey engines). 58 4990 Field hospital food carts. Secretary of State. Lathes: standard engine types. 58 5810 Field hospital laboratory incubators. Milling machines, horizontal: plain and 58 8210 Tracing paper, transparentized. Schedule A universal. 59 2100 Mobile and water purification units. Automotive and transportation equipment: Milling machines: small die cutting types. 59 2900 Thermo-compression d istillation Automobiles: passenger. Presses: all types and sizes. units. Automotive maintenance shop equipment: Pumps: deep well. 79 7903 Carbon paper. such as auto jacks and lifts, brake serv­ Refrigeration equipment: heavy industrial 79 7911 Typewriter ribbons (ink ribbons) icing machines, motor testing equip­ and commercial. 96 5442 Child care equipment units. ment, valve grinders, etc. Réfrigération equipment: repair and re­ 96 5450 Clinical and infirmary equipment Automotive parts. placement parts. units. Batteries: storage, automotive. Sawmills: portable. [F. R. Doc. 47-605; Filed, Jan. 17, 1947; - Tire chains: passenger and truck. Tractors: wheel types, 10-35 DBHP. 11:28 a. m.J Trucks: all sizes, new and used (including Water purification equipment: including jeeps). tanks, softening, chlorinating and filter­ Building materials and equipment: ing equipment. Boards, dimension and timber. Metals and metal products: Boilers: cast iron or steel: coal, oil or gas Aluminum: sheet, coils, bars, and rods Chapter XXIV— Department of State, fired: domestic type. Copper sheet. Builders’ hardware. Copper pipe and' tube, 2” and under. Disposal of Surplus P/operty Buildings: prefabricated. Scrap: metal: ferrous and non-ferrous. [FLC Reg. 8, Order 6] % _ Building units: prefabricated. Steel mill products: carbon steel. Cloth: wire and insect screening, 12 to 24 Miscellaneous : Part 8508—D isposal of Surplus P rop­ mesh. Containers: steel. erty Located in F oreign Areas Conduit: electrical; all types; iy2" and Cylinders : acetylene gas. under. Hypochlorination units. IMPORTATION INTO UNITED STATES OF SUR­ Conduit fittings: iy2" and under. Radio tubes. PLUS PROPERTY LOCATED IN FOREIGN Fittings for copper water tube. Telephone and telegraph equipment. AREAS Glass: window: double and single strength. Paper and paper products: Paper: bond. The functions of the Director of War Pipe: asbestos-cement. Pipe covering: molded: for low pressure Paper: mimeograph. Mobilization and Reconversion author­ steam and water piping: 4" and under. Paper: printing, j ized by subsections (c) (1), (c) (2), (c) Pipe fittings and unions: screwed: 150 lb. Tissue: toilet. (3), and (c) (4) of section 101 of the SWP, malleable iron and 125 lb. SWP, Professional andr scientific apparatus, equip­ War Mobilization and Reconversion Act gray cast iron: sizes 4” and-under. ment and supplies: of 1944 (58 Stat. 785) having been trans­ Pipe: sewer, clay; all sizes. Dental supplies. ferred to the President by paragraph 4 Plumbers’ cast iron specialties. - Dental units : including handpieces and ac­ Plumbing fixtures, fixture fittings and trim. cessories. of Executive Order 9809, December 12, Drafting instruments (sets), machines and 1946 (11 F. r . 14281), Foreign Liquida­ Pumps: condensation and vacuum heat­ ing: up to 1,000 lbs. per hour. accessories. tion Commissioner Regulation 8, Order 6 Wiring devices: electrical (toggle switches, Medical diagnostic instruments and equip­ of September 18, 1946 (11 F. R. 10709, faqe plates, lampholders [sockets and re­ ment. Departmental Regulation 108.22) is ceptacles], BX and Romex type connec­ X-ray apparatus, equipment and accesso­ hereby revised and amended as herein tors, outlet switch and receptacle boxes, ries: including dental. set forth. Supplements 1, 2, and 3 to convenience receptacles), except special Textiles, textile products: Order 6, dated November 6,1946, Novem­ military and appliance types. Bags: burlap: new and used. Construction fhachinery and equipment: Clothing, work (new only). ber 14, 1946, and December 17, 1946 (11 Gloves, work: all kinds (new only). F. R. 13443, 13637, 14634; Departmental Cranes: power: crawler-, tractor-, wheel - or truck-mounted: all classes and sizes: Pillow cases. Regulations 108.32, 108.33 108.35) are with or without shovel, dragline or other Rope, finished: manila and sisal. hereby superseded. earthmoving attachments. Sheets, cotton: bed. The President has informed the Sec­ Crane attachments for earthmoving: All C-47, C-54 and C-45 aircraft, together retary of State that certain materials shovel fronts, draglines, clamshell buckets, etc. with their component parts, which have not which have been or may be declared to been the subject of disposition as surplus to the Foreign Liquidation Commissioner Ditchers and trenchers. Graders: road: motorized and drawn. a foreign government or to private interests as surplus property located in foreign domiciled outside-the United States, its terri­ areas are in critically short supply and Scrapers: carry type: motorized and drawn, 6 cu. yd. and larger. tories and possessions. urgently needed for reconversion in the Tractors: crawler types: all classes and The approximate quantities of materials United States, and has requested the sizes, with or without bulldozer, angle- listed below, located in Canada on Septem­ secretary of State to take such action as dozer, front end loader and other attach­ ber 18, 1946 (11 F. R. 10709) : may be necessary and appropriate to ments. 100 tons of high grade alloy steel sheet bar Permit the importation of such mate­ Drugs and chemicals: Glycerine, other than and tubing. medical grade. rials into the United States for use by 20 tons of phosphor bronze and manganese American industry. Electrical equipment and supplies: Bushings, porcelain: transformer and bronze bar and tubing and copper and It is hereby ordered, That § 8508.15 switchgear. monel sheets. ^importations into the United States Circuit breakers: all capacities and volt­ '11 F. R. 13424) shall not apply to pre- ages. [F. R. Doc. 47-512; Filed, Jan. 17, 1947; No. 13------4 8:51 a. m.J 398 RULES AND REGULATIONS

[Public Land Order 339] (d) Twenty-day advance period for TITLE 39— POSTAL SERVICE simultaneous non-preference right fil­ Montana ings. Applications by the general public Chapter I— Post Office Department REVOKING PUBLIC LAND ORDER NO. 134 OF may be presented during the 20-day Part 21—International P ostal . Service JUNE 7, 1943, WITHDRAWING PUBLIC period from May 22, 1947, to June 11, LANDS FOR USE OF THE WAR DEPARTMENT 1947, inclusive, and all such appli­ TRANSPORTATION CHARGES FOR CONVEYANCE FOR AVIATION PURPOSES cations, together with those presented OF FOREIGN MAIL BY UNITED STATES AIR at 10:00 a. m. on June 11, 1947, shall CARRIERS By virtue of the authority vested in be treated as simultaneously filed. the President and pursuant to Executive Amend paragraph (e), § 21.117, Trans­ Veterans shall accompany their ap- portation charges due from foreign Order No. 9337 of April 24,1943; It is or­ lications with certified copies of their countries for the conveyance of their dered as follows: certificates of discharge, or other satis­ Public Land Order No. 134 of June 7, factory evidence of their military or mails by United States air carriers (11 1943, withdrawing the hereinafter-de­ F. R. 14517) by adding the following: naval service. Persons asserting prefer­ scribed public lands for the use of the ence rights, through settlement or Bate postal gold francs War Department for aviation purposes, otherwise, and those having equitable Between per gross kilogram is hereby revoked. United States and Shanghai, China-----94. 50 claims, shall accompany their applica­ The jurisdiction over and use of such tions by duly corroborated affidavits in (Sec. 405, 52 Stat. 994, as amended; 49 lands granted to the War Department by support thereof, setting-forth in detail U. S. C. 485) Public Land Order No. 134 shall cease all facts relevant to their claims. upon the date of the signing of this or­ Applications for these lands, which [seal] J. M. D onaldson, der. Thereupon, the jurisdiction over Acting Postmaster General. shall be filed in the District Land Office and administration of such lands shall at Billings, Montana, shall be acted upon [F. R. Doc. 47-489; Filed, Jan. 17, 1947; be vested in the Department of the In­ in accordance with the regulations con­ 8:51 a. m.] terior and any other Department or tained in § 295.8 of Title 43 of the Code agency of the Federal Government ac­ of Federal Regulations (Circular No. 324, cording to their respective interests then May 22, 1914, 43 L. D. 254), and Part 296 TITLE 43— PUBLIC LANDS: of record. of that title, to the extent that such reg­ This order shall not otherwise become ulations are applicable. Applications INTERIOR effective to change the status of such under the homestead laws shall be gov­ lands until 10:00 a. m. on IMarch 12, Chapter I— Bureau of Land Manage­ erned by the regulations contained in 1947. At that time the lands shall, sub­ Parts 166 to 170, inclusive, of Title 43 of ment, Department of the Interior ject to valid existing rights and the pro­ the Code of Federal Regulations and ap­ Appendix— Public Land Orders visions of existing withdrawals, become plications under the desert land laws and subject to application, petition, location, the small tract act of June 1, 1938, shall [Public Land Order 388 ‘] or selection as follows: . ' be governed by the regulations contained Nevada (a) Ninety-day period for preference- in Parts 232 and 257, respectively, of that right filings. For a period of 90 days title. WITHDRAWING PUBLIC LAND FOR USE OF BU­ from March 12, 1947, to June 10, Inquiries concerning these lands shall REAU OF LAND MANAGEMENT AS AN ADMIN­ 1947, inclusive, the public lands affected be addressed to the District Land Office, ISTRATIVE SITE by this order shall be subject to (1) ap­ Billings, Montana. By virtue of the authority vested in plication under the homestead or the The lands affected by this order are de­ the President and pursuant to Executive desert land laws, or the small tract act scribed as follows: of June 1, 1938 (52 Stat. 609, 43 U. S. C. Order No. 9337 of April 24, 1943, it is P rincipal Meridian. ordered as follows: sec. 682a), as amended, by qualified vet­ Subject to valid existing rights, the erans of World War II, for whose service T. 16 N., R. 23 E., following-described public land in Ne­ recognition is granted by the act of Sep­ sec. 31, SE^SE^ .1 vada is hereby withdrawn from all forms tember 27, 1944 (58 Stat. 747, 43 U. S. C. The area described contains 40 acres. of appropriation under the public land secs. 279-283), subject to the require­ ments of applicable law, and (2) appli­ This land is in an area which coni- laws, including the mining laws, but not prises low table land with some good soil. the mineral-leasing laws, and reserved cation under any applicable public-land law, based on prior existing valid settle­ (36 Stat. 847; 43 U. S. C. 141; E. O. 9377, for the use of the Bureau of Land Man­ April 24, 1943, 3 CFR Cum. Supp.) agement, Department of the Interior, as ment rights and preference rights con­ an administrative site: ferred by existing laws or equitable C. Girard D avidson, claims subject to allowance and confir­ Assistant Secretary of the Interior. M ount Diablo Meridian mation. Applications by such veterans January 8 T. 21 S., R. 61 E., shall be subject to claims of the classes , 1947. sec. 1, SE&SWJ4. described in subdivision (2). [F. R. Doc. 47-494; Filed, Jan. 17, 1947; The area described contains 40 acres. (b) Twenty-day advance period for 8:48 a m.] simultaneous preference-right filings. This order shall take precedence over, For a period of 20 days from February but shall not modify, the order of the 20, 1947, to March 12, 1947, inclusive, Acting Secretary of the Interior of No­ such veterans and persons claiming P art 162—List of Orders Creating and vember 3, 1936, establishing Nevada preference rights superior to those of Modifying Grazing D istricts Grazing District No. 5, so far as it affects such veterans, may present their applica­ the above-described land. tions, and all such applications, together NEVADA GRAZING DISTRICT NO. 5 (36 Stat. 847; 43 U. S. C. 141; E. O. 9377, with those presented at 10:00 a. m. on Cross R eference: For order affecting April 24,1943, 3 C. F. R. Cum. Supp.) March 12, 1947, shall be treated as the tabulation contained in § 162.1, see simultaneously filed. Public Land Order 338 under the Ap­ C. Girard D avidson, (c) Date for non-preference right pendix to this Title, which takes prece­ Assistant Secretary of the Interior. filings authorized by the public-land dence over, but does not modify, the January 7, 1947. laws. Commencing at 10:00 a. m. on order of the Acting Secretary of the In­ [F. R. Doc. 47-492; Filed, Jan. 17, 1947; June 11, 1947, any of the lands re­ terior of November 3, 1936, establishing 8:48 a. m.] maining .unappropriated shall become Nevada Grazing District No. 5. subject to such application, petition, lo­ 1 See Notice for Filing Objections to Publio cation, or selection by the public gen­ iThe NE^SE^ sec. 18 was erroneously de­ Land Order 338, F. R. Doc. 47-493, under erally as may be authorized by the scribed as public land in Public Land Order Department of the Interior, Office of the Sec­ No. 134, It was patented October 9, 1920. retary, in Notices section, infra. public-land laws. Saturday, January 18, 1947 FEDERAL REGISTER 399 TITLE 44— PUBLIC PROPERTY ords. The standards for the reproduc­ It appearing that public convenience AND WORKS tion of records by photographic or micro­ and necessity might be adversely affected photographie processes with a view to in some cases by a'grant of authority to Chapter I— National Archives the disposal of the original records shall make reductions in hours at main and be as follows: branch offices under the standards and Subchapter B— National Archives Council (a) The records shall be photographed conditions proposed in the applications Part 11—R egulations R elating to the in such order that the integrity of the and that further conditions are neces­ Disposal op R ecords files will be preserved. sary, therefore, to protect the interests Sec. (b) All photographic film or paper of the public; and 11.1 Compilation and submission of lists used and the processing thereof shall It further appearing that, with proper and schedules of records proposed for comply with the minimum standards ap­ conditions, as herein set forth, the au­ disposal. proved by the National Bureau of Stand­ 11.2 Procedures for the disposal of records thority sought by The Western Union authorized for disposal. ards for permanent photographic re­ Telegraph Company should be granted; 11.3 Standards for the photographic repro­ production of records or for temporary and duction of records with a view to photographic reproduction of records au­ It further appearing that the Com­ the disposal of the original records. thorized for disposal after the lapse of mission’s rules and regulations should be a specified time. Authority: §§ 11.1 to 11.3, inclusive, issued amended to incorporate the procedure under sec. 2, 57 Stat. 381; 44 U. S. C., Su'd. (c) The reproductions shall be placed to be followed and the standards and in conveniently accessible files and ade­ conditions to be met; quate provisions shall be made for pre­ It is ordered, That the rules, desig­ § 11.1 Compilation and submission of serving, examining, and using them. nated as §§ 63.67 and 63.68 and Appen­ lists and schedules of records proposed dices G and H of Part 63 of the Commis­ for disposal. All lists or schedules of I hereby certify that §§ 11.1 to 11.3, in­ clusive, were unanimously adopted by the sion’s rules and regulations, be, and they records submitted to the Archivist of the are hereby, adopted as rules of the Com- United State in compliance with the pro­ National Archives Council on July 30, 1945, were approved by the President of Hiission; and visions of section 3 of the act of July 7, It is further ordered, That Part 63 of 1943 (57 Stat. 381; 44 U. S. C., Sup. 368) the United States on August 8, 1945, and were promulgated on August 15, 1945, the Commission’s rules and regulations, shall be submitted on forms supplied or entitled “Extension of Lines and Dis­ approved by the Archivist in the number by transmittal of copies thereof to the heads of all agencies of the United States continuance of Service by Carriers”, be, of copies required by him and shall con­ and it is hereby, amended, in the follow­ tain such information as may be called Government. ing respects: * for by the said forms and by instructions S olon J. B uck, issued by the Archivist. The said lists or Chairman of the National 1. Section 63.62 (c) (11 F. R. 11214) schedules shall be accompanied by sam­ Archives Council. is amended to read as follows: ples of the several items proposed therein J anuary 15, 1947. § 63.62 Type of discontinuance, re­ for disposal unless the Archivist shall [P. R. Doc. 47-482; Piled, Jan. 17, 1947; duction or impairment of telephone or have waived this requirement. 8:49 a. m.] telegraph service requiring formal ap­ § 11.2 Procedure for the disposal oj plication. * * * records authorized for disposal. When­ (c) The closure of, or reduction of ever any records shall have been author­ TITLE 47— TELECOMMUNI­ hours of service at, a public telegraph ized for disposal in accordance with the CATION office, except that this paragraph shall provisions of sections 6, 7, or 8 of the act not apply to the classes of cases specified of July 7, 1943, as amended July 6, 1945 Chapter I— Federal Communications in §§ 63.64, 63.66, 63.67 and 63.68 hereof where the carrier elects to follow the pro­ (57 Stat. 381, 382, 59 Stat. 434; 44 U. S. C. Commission Sup., 371-373) and whenever any rec- cedure prescribed in those sections: (For ®rds_ -°^ that have been proposed [Pile Nos. T—D-666 and 670] contents of application see Appendices C lor disposal in schedules approved in ac­ and D). P art 1—R ules R elating to Organization cordance with the provisions of section 2. Section 63.90 Publication and post­ 6 of the said act have been in existence and P ractice and P rocedure ing of notices (11F. R. 11215) is amended i “iu periods specified in such sched­ Part 63—Extension of Lines and Discon­ by inserting the words “(except a request ules, the agency or agencies having the tinuance of Service by Carriers under §§ 63.67 or 63.68)” after the words custody of such records shall, subject to miscellaneous amendments “informal request” in the first lines of the proviso in section 6 and the provi- paragraphs (a), (b), and (c); and sions of section 9 of the act of July 7, In the matter of Rules Relating to sec­ 1943 (57 Stat. 382; 44 U. S. C., Sup., 374), tion 214 of the Communications Act of It is further ordered, That Part 1 of (a) cause the said records to be sold as 1934, as amended: Discontinuance, Re­ the Commission’s rules and regulations, waste paper: Provided, That, unless the duction and Impairment of service; and entitled ‘‘Rules Relating to Organization aid records shall have been treated in applications of The Western Union Tele­ and Practice and Procedure”, be, and it such a manner as to destroy their record graph Company for authority to reduce is hereby, amended in the following re­ content, any contract for sale of them hours of service at main and branch spects: snail prohibit their resale as records or offices under specified standards and 1. Paragraph (e) of § 1.1451 Authority documents; (b) cause them to be de- conditions. delegated to secretary upon securing the stroyed, if they cannot advantageously At a session of the Federal Communi­ approval of the Law, Engineering and be sold or if, in the opinion of the head cations Commission, held at its offices in Accounting departments is amended by agency having custody of said Washington, D. C., on the 30th day of changing “63.66” in the next to the last records destruction is necessary to avoid December 1946; line to “63.68”. the disclosure of information that might The Commission, having under con­ 2. Section 1.5262 Application for dis­ be prejudicial to the interests of the Gov­ sideration applications filed under sec­ continuance, reduction, or impairment of ernment or of individuals; or (c) cause tion 214 of the Communications Act of service is amended by changing “63.66” mem to be transferred, with the ap­ 1934, as amended, by The Western Union in the seventh line to “63.68”; by chang­ Telegraph Company, File, Nos. T-D-666 ing “F” in the seventh line to “H”; and proval of the Archivist of the United and 670, for authority to reduce the hours gates and without cost to the United of service at main and branch offices* by changing “§ 63.90” in the ninth line tates Government, to any government, under specified standards and condi­ to §§ 63.67, 63.68 or 63.90”. rganization, institution, corporation, or tions; also having under consideration § 63.67 Alternative procedure in cer­ Person that has made application for protests from The Commercial Tele­ them. tain specified cases where authority to re­ graphers’ Union, Telegraph Employees’ duce hours at main telegraph offices is § 11.3 Standards for the photo- Union, Telegraph Workers’ Union, The desired, (a) In lieu of filing formal Communication Workers International drapic reproduction of records with a Union, and the American Communica­ lew to the disposal of the original rec- 1 11 P. R. 177A-407, 13973. tions Association, C. I. O.; *11 P. R. 177A-420. 400 RULES AND REGULATIONS tive date of such reduction and seven days (iii) 6 messages per hour during the application, a carrier may file in quin­ total hours to be deleted and not greater tuplicate an informal request, duly veri­ following such reduction. Such notice shall be in the following form: than 8 messages per hour during the fied or affirmed according to law, for maximum traffic hour to be deleted, if authority to reduce hours at main offices Notice is hereby given that The Western the substitute office referred to in sub- under the following specified standards Union Telegraph Company proposes to reduce paragraph (2) of this paragraph above, and conditions: the hours of service at this office from the is located not more than one quarter of (1) Weekday hours (Monday through present hours o f ------m. t o ------— m. to the hours______m. t o ------m., effec­ a mile from the office at which hours Friday) will not be reduced below a tive, ______Substituted service will are to be reduced; minimum of eight hours per day at the be available from ______®. t o ------m- (4) Applicant will file with the Fed­ m ain1 office; at th e ______office located a t ------eral Communications. Commission, not (2) Applicant will provide substitute ______(or give other appropriate general more than once each month, forms in service, at no additional tariff charge, description of substituted service). Any quintuplicate for branch offices at which during the hours to be deleted, through member of the public objecting to the above reduction in hours of service may communi­ reduction in hours is proposed, giving on another office of the applicant located cate in writing with the Federal Communi­ one form for each such office the infor­ in the same community as the main cations Commission, Washington 25, D. C. mation called for on the sample form office at which the reduction is made; appearing in Appendix H, and at the (3) Hours will not be reduced unless (b) Authority for the reductions pro­ same time will forward a copy of such the average number of outgoing messages, posed under this section shall be deemed form to the State Commission, as de­ filed at the main office during the latest to have been granted by the Commission fined in section 3 (t) of the Communica­ month for which traffic statistics are effective as of the fifteenth day follow- tions Act of 1934, as amended, or to the available, if a normal month with respect ' ing the date of filing of such request with Governor if there is no such Commis­ to conditions generally affecting traffic the Commission unless on or before the sion, of the State in which the office is volume, has been at a rate not greater fifteenth day the Commission shall located. Applicant will make no such than 2 messages per hour during the notify the carrier to the contrary. reductions until fifteen days after such total hours to be deleted and not greater § 63.68 Alternative procedure in cer­ forms are filed with the Federal Com­ than 4 messages per hour during the tain specified cases where authority to munications Commission and will not maximum traffic hour to be deleted; reduce hours at branch telegraph offices reduce hours at any particular branch (4) Applicant will file with the Federal is desired, (a) In lieu of filing formal office if advised by the Federal Com­ Communications Commission, not more application, a carrier may file ih quin­ munications Commission within such than once each month, forms in quin­ tuplicate an informal request, duly veri­ fifteen day period not to make such tuplicate for main offices at which re­ fied or affirmed according to law, for reduction; duction in hours is proposed, giving on authority to reduce hours at branch (5) Upon written request from the one form for each such office the infor­ offices under the following specified Commission at any time within 6 months mation called for on the sample form standards and conditions: from the effective date of a reduction in appearing in Appendix G, and at the (1) Weekday hours (Monday through hours at any branch office as authorized same time will forward a copy of such Friday) will not be reduced below a under this section, the applicant will form to the State Commission, as de­ minimum of eight hours per day at the forthwith re-estab]jsh the hours ob­ fined in section 3 (t) of the Communica­ office at which hours are to be reduced; served before the reduction and will re­ tions Act of 1934, as amended, or to the (2) Alternate service, at no additional tain such hours unless and until author­ Governor if there is no such Commission, tariff charge, will be available at a ized to change them upon individual of the State in which the main office is company-operated main or branch office and specific application to the Commis­ located. Applicant will make no such located in the community, which will be sion; reductions until fifteen days after such open during the hours to be deleted and (6) Applicant will post a public notice forms are filed with the Federal Com­ will have equal or better pickup and de­ at least 20 inches by 24 inches, with let­ munications Commission and will not livery facilities during those hours which ters of commensurate size, in a conspicu­ reduce hours at any particular main will be available to the area served by ous place at the office affected for a pe­ office if advised by the Federal Commu­ the office at which h#urs will be reduced; riod of fourteen consecutive days, seven nications Commission within such fifteen (3) Hours will not be reduced unless days of which shall be prior to the effec­ day period not to make such reduction ; the average number of outgoing mes­ tive date of such reduction and seven (5) Upon written request from the sages filed at the branch office during days following such reduction. Such no­ Commission at any time within 6 months the latest month for which traffic sta­ tice shall be in the following form: from the effective date of a reduction in tistics are available, if a normal month Notice is hereby given that The Western hours at any main office as authorized with respect to conditions generally af­ Union Telegraph Company proposes to re­ under this section, the applicant will fecting traffic volume, has been at a rate duce the hours of service at this office from forthwith reestablish the hours observed not greater than: the present hours of ____ m., t o ------rci., before the reduction and will retain such (i) 2 messages per hour during the to the hours______m., t o ------m > hours unless and until authorized to total hours to be deleted and not greater f ective______Substituted service will change them upon individual and specific be available from ______m., t o ------ra-, than 4 messages per hour during the at the ______office located at application to the Commission; maximum traffic hour to be deleted, if ______(or give other appropriate (6) Applicant will post a public notice the substitute office referred to in sub- general description of substituted service). at least 20 inches by 24 inches, with let­ paragraph (2) of this paragraph is Any member of the public objecting to the ters of commensurate size, in a conspic­ located more than one mile from the above reduction in hours of service jniay uous place at the office affected for a office at which hours are to be reduced; communicate in writing with the Federal period of fourteen consecutive days, seven or Communications Commission, Washington days of which shall be prior to the effec- (ii) 4 messages per hour during the 25, D. C. total hours to be deleted and not greater (b) Authority for the reductions pro­ i The term “main office” as used in this than 6 messages per liour during the posed under this section shall be deemed section includes Class 1 and Class 3 offices. maximum traffic hour to be deleted, if to have been granted by the Commission A Class 1 office is the principal office or the the substitute office referred to in sub- effective as of the fifteenth day follow­ only office of the telegraph company in the paragraph (2) of this paragraph, is ing the date of filing of such request with municipality. A Class 3 office is also the located more than one quarter of a mile only or principal office in the municipality but not more than one mile from the the Commission unless.on or before the but for administrative purposes it is su­ office at which hours are to be reduced; fifteenth day the Commission shall no­ pervised by a Class 1 office in another tify the carrier to the contrary. municipality. or Saturday, January 18, 1947 FEDERAL REGISTER 401 Appendix G Present hours of substitute office: rier may accept for transportation at P. C. C. Pile No. T -D -___ Monday through Friday______Saturday______point of origin, forward from point of Name of applicant______Sunday______origin, or load and forward from point of Address______;______*____ origin, any carload freight consisting of In the matter of proposed reduction in It appearing, that the effect of this ' new immature Irish potatoes of the va­ main office hours pursuant to § 63.67 of the order is to relieve telegraph carriers of riety known as Bliss Triumph when the Commission’s rules. certain restrictions; that notices of the quantity thereof loaded in each car is M onth______T ear__ _ filing of the applications herein were not less than 30,000 pounds when packed Data Regarding Main Office served on interested parties who have in sacks, paper, cloth or burlap, or not Address of office______had an opportunity to file their com­ less than 31,500 pounds when packed in ments and objections; and that after boxes, crates, barrels, baskets or tubs. Class of office and method of operation____ _ considering carefully these comments Present hours: and objections the Commission has con­ This General Permit ODT 18A, Re- Monday through Friday______cluded that the public notice and proce­ vised-29, shall become effective January Saturday______dure provided for by section 4 of the 17, 1947, and shall expire at 11:59 p. m., Sunday_____ *______Administrative Procedure Act are un­ March 31,1947, unless otherwise ordered. Proposed hours: necessary; Monday through Friday______(54 Stat. 676; 55 Stat. 236; 56 Stat. 177; Saturday______It is ordered, That this order is hereby 58 Stat. 827; 59 Stat. 658; Pub. Law 475, Sunday______made effective immediately. 79th Cong., 60 Stat. 345; 50 U. S. C. App. Average hourly number of messages filed for (Sec. 4 (i), sec. 214, 48 Stat. 1066, 1075; Sup. 633, 645, 1152; E. O. 8989, Dec. 18, month o f ------, 194__, during total 47 U. S. C. 154 (i), 214) 1941, 6 F. R. 6725; E. O. 9389, Oct. 18, ' hours to be deleted______1943, 8 F. R. ¡£4183; E. O. 9729, May 23, Average hourly number of messages filed for By the Commission. 1946, 11 F. R. 5641) month o f ------194_, during maxi­ [seal] Slowie, mum traffic hour to be deleted______T. J. Issued at Washington, D. C., this 14th Present tariff listing. Secretary. day of January 1947. [F. R. Doc. 47-497; Filed, Jan. 17, 1947;' Data Regarding Substitute Office 8:47 a. m.] Homer C. King, Address of substitute office______Deputy Director of the Class of office and method of operation of Office of Defense Transportation. substitute office ______TITLE 49— TRANSPORTATION [F. R. Doc. 47-532; Filed, Jan. 17, 1947; Distance in feet from main office______8:51 a. m.] Present hours of substitute offce: AND RAILROADS Monday through Friday______Saturday ______Chapter II— Office of Defense Sunday______Transportation Proposed tariff listing. [Gen. Permit ODT 18A-1A, Arndt. 1] Part Conservation of R ail Equip­ Appendix H 500— P art 520—Conservation of R ail Equip­ ment F. C. C. File No. T-D- :___ ment; Exceptions, P ermits, and Cross R eference: For exceptions to S pecial Directions Name of applicant______Address ______.______the provisions of § 500.72, see Part 520 of CARLOAD freight traffic this Chapter, F. R. Docs. 47-531 and 47- In the matter of proposed reduction in Pursuant to Title i n of the Second branch office hours pursuant to § 63.68 of the 532, infra. Commission’s rules. War Powers Act, 1942, as amended, Ex­ Month______Year____ ecutive Order 8989, as amended, Execu­ tive Order 9729, and General Order ODT Data Regarding Branch Office [Gen. Permit ODT 18A, Rev. 29] 18A, Revised, as amended, General Per­ Address of Office______mit ODT 18A-1A (9 F. R. 117) is hereby Class of Office and method of operation____ _ Part 520—Conservation of R ail Equip­ amended by striking from § 520.493 ment; Exceptions, P ermits and Special thereof item numbered 20, reading as Present hours: D irections follows: Monday through Friday______Saturday______SHIPMENTS OF NEW IMMATURE IRISH 20. Cement. In packages, when consigned Sunday_____ j j ______POTATOES OF VARIETY KNOWN AS BLISS to dealers for' stock, may be loaded to a Proposed hours: TRIUMPH weight not less than 60,000 pounds. Monday through Friday______Saturday______Pursuant to Title III of the Second This Amendment 1 to General Permit Sunday______. War Powers Act, 1942, as amended, Ex­ ODT 18A-1A shall become effective Average hourly number of messages filed for ecutive Order 8989, as amended, and January 17, 1947. the month o f ______f 19____, Executive Order 9729, and General Order (54 Stat. 676; 55 Stat. 236; 56 Stat. 177; during total hours to be deleted______ODT 18A, Revised, as amended, it is 58 Stat. 827; 59 Stat. 658; Pub. Law 475, Average hourly number of messages filed for hereby authorized, that: 79th Cong., 60 Stat. 345; 50 U. S. C. App. the month o f ______f 19___ t § 520.529 Shipments of new imma­ Sup. 633, 645, 1152; E. O. 8989, Dec. 18, during maximum traffic hours to be deleted ture Irish potatoes of the variety known 1941, 6 F. R. 6725; E. O. 9389, Oct. 18, as Bliss Triumph. Notwithstanding the 1943, 8 F. R. 14183; E. O. 9729, May 23, Data Regarding Substitute Office restrictions contained in § 500.72 of Gen­ 1946, 11 F. R. 5641) Address of substitute office______eral Order ODT 18A, Revised, as Issued at Washington, D. C., this 14th Distance in feet from office at which reduc­ amended (11 F. R. 8229, 8829, 10616, day of January 1947. tion is proposed______13320, 14172), and Items 465, 470, 475, Class and method of operation of substitute 480 (c) and 600 of Special Direction ODT ilOMER C. King, office______18A-2A, as amended (9 F. R. 118, 4247, Deputy Director of the Will substitute office provide equal or better 13008, 10 F. R. 2523, 3470, 14906, 11 F. R. Office of Defense Transportation. pick-up and delivery facilities during hours 1358, 13793, 14114), any person may of­ to be deleted?______[F. R. Doc. 47-531; Filed, Jan. 17, 1947; fer for transportation and any rail car­ 8:51 a. m.] 402 FEDERAL REGISTER PROPOSED RULE MAKING

sections 327 and 328 thereof to proclaim, Any interested persons may submit DEPARTMENT OF AGRICULTURE not later than February 1, the com­ their views in writing with respect to the mercial corn-producing area and the proclamations to the Director, Grain Production and Marketing acreage allotment of corn for the cal­ Branch, Production and Marketing Ad­ Administration endar year 1947. In preparing to issue ministration, United States Department such proclamations the Secretary has of Agriculture, Washington 25, D. C. All 17 CFR, Part 7211 under consideration sections 304 and 371 submissions must be postmarked not later than January 23, 1947. Corn (b) of the act, which provide that the marketing quota provisions thereof shall Issued at Washington, D. ©., this 14th CORN ACREAGE ALLOTMENTS AND CORN not be invoked or continued in effect with day of January 1947. MARKETING QUOTAS respect to any one of the several basic [seal] J esse B. Gilmer, Pursuant to Title III of the Agricul­ commodities in case the Secretary finds Acting Administrator. tural Adjustment Act of 1938, as amend­ a suspension or termination of the pro­ ed (7 U. S. C. and Sup., 1301-1393), the visions necessary to protect consumers or [F. R. Doc. 47-500; Filed, Jan. 17, 1947; Secretary of Agriculture is required by to meet a national emergency. 8:47 a. m.]

NOTICES

included within the baggage, personal nish the varieties of stamped envelopes CIVIL AERONAUTICS BOARD effects and household goods stored in listed below; . [Docket Nos. 250, et al., 2142, et al.] various warehouses in-the United States, 1. Sizes No. 7 and 9—3tf, both, standard and to which the Secretary of State had extra, printed and unprinted, white only. West Coast Case; Consolidation of made reference in a General Supervisory 2. Sizes No. 5, 8 and 13—H precanceled, R outes Order (Public Notice 170, issued July 25, standard and window, printed and unprinted, NOTICE OF ORAL ARGUMENT white only. 1946), books, documents, papers, photo­ 3. Size No. 8—5£ air mail, printed and un­ In the matter of a further argument graphs, maps, films, ledgers, files, and printed, white only. and reconsideration of that portion of various other items believed to contain the Board’s decision in the so-called information concerning German activi­ Postmasters, before accepting orders ties in the United States, together with from patrons for printed air mail en­ West Coast case which denied the ap­ velopes, should advise them that the re­ plication of American Airlines, Inc., to radios and other equipment believed to engage in air transportation service be­ have been used to facilitate communica­ turn card will be printed in blue ink. tions concerning German activities in Orders for any of these envelopes may tween San Francisco and points on route be submitted by postmasters at first-class 4 other than Los Angeles and in the mat­ the United States; (2) That under the provisions of law offices directly to the Third Assistant ter of argument of applications by Postmaster General, Division of Stamps, Transcontinental & Western Air, Inc., and for the security and safety of the United States in wartime it was deemed Post Office Department, while district United Air Lines, Inc., and American postmasters should requisition them Airlines, Inc., for consolidation of certain advisable to remove all such books, docu­ ments, papers, photographs,.maps, films, from their Central Accounting postmas­ routes. ter with the exception of the special re­ Notice is hereby given that oral argu­ radios, and other pertinent materials for investigation and study by appro­ quest and unprinted precanceled en­ ment in the above matters is assigned velopes, which are to be ordered direct to be held on February 3, 1947, 10 a. m., priate agencies of this Government; (3) That it is necessary in the inter­ from the Third Assistant Postmaster eastern standard time, in Room 5042 General, Division of Stamps. Commerce Building, 14th Street and est of national security, Constitution Avenue NW.,' Washington, hereby Undertakes the direction, man­ (R. S. 3915, as amended; 39 U. S. C. 354) D. C., before the Board. agement, supervision, maintenance, and [seal] J. M. D onaldson, Dated at Washington, D. C., January control, to the extent deemed necessary Acting Postmaster General. 15, 1947. and advisable from time to time by the [F. R. Doc. 47-490; Filed, Jan. 17, 1947; undersigned, of the property referred to 8:50 a. m.] By the Civil Aeronautics Board. &bovo> [seal] M. C. Mulligan, The action taken herein shall not be- Secretary. construed to limit the power of the Sec­ DEPARTMENT OF THE INTERIOR retary of State to vary the extent of such [F. R. Doc. 47-50$; Filed, Jan. 17, 1947; direction, management, supervision, Bureau of Land Management 8^.47 a. m.] maintenance, or control, or tò terminate the same. W yoming ✓ DEPARTMENT OF STATE Issued this 14th day of January 1947. STOCK DRIVEWAY WITHDRAWAL NO. 128, WYOMING NO. 13, REDUCED James F. Byrnes, Control of Certain D ocuments and The order of the First Assistant Sec­ Other Items R emoved F rom P ersonal Secretary of State. retary of the Interior, dated December P roperty of S taffs of F ormer .German [F. R. Doc. 47-513; Filed, Jan. 17, 1947; D iplomatic or Consular Establish­ 8:51 a. m.] 26, 1922, modifying certain stock drive­ ments in U nited S tates way withdrawals in Wyojning under sec­ tion 10 of the act of December 29, 1916, By virtue of the authority vested in POST OFFICE DEPARTMENT 39 Stat. 865, 43 U. S. C., sec. 300, is me by Executive Order 9760 dated July hereby revoked so far as it affects the 23, 1946 (11 F. R. 7099), and pursuant to . Embossed S tamped Envelopes following-described lands which are law, the undersigned, after appropriate . within Stock Driveway Withdrawal No. investigation and ■consultation, finding; DISCONTINUED VARIETIES AGAIN AVAILABLE (1) That members of the staffs of In view of the increased production of 128, Wyoming No. 13. the Stamped Envelope Factory, the De­ These lands are mountainous and former German diplomatic and consular rocky in character with vegetation con- establishments in the United States had partment is again in a position to fur­ Saturday, January 18, 1947 FEDERAL REGISTER 403

sisting of bluestem, blackroot, and buck­ contained in § 295.8 of Title 43 of the [Order No. 2288] brush, with a scattered growth of scrub Code of Federal Regulations (Circular pine timber having no commercial value. No. 324, May 22, 1914, 43 L. D. 254), and F irewood on P ublic Lands They are primarily suitable for grazing. Part 296 of that title, to the extent that EMERGENCY USE BY PUBLIC This order shall become effective im­ such regulations are applicable. Appli­ mediately as to the leasing of the lands cations under the homestead laws shall Order No. 2282 dated December 6,1946, for grazing but shall not-otherwise be­ be governed by the regulations contained (11 F R. 14329) authorizing free use of come effective to change the status of in Parts 166 to 170, inclusive, of Title 43 dead and down timber from vacant, un­ such lands until 10:00 a. m. on February of the Code of Federal Regulations and appropriated and unreserved public“ 28, 1947. At that time the lands shall, applications under the desert land laws lands, under the conditions therein subject to valid existing rights and the and the small tract act of June 1, 1938, specified, is% hereby revoked. provisions of existing withdrawals, be­ shall be governed by the. regulations con­ C. Girard D avidson, come subject to application, petition, tained in Parts 232 and 257, respectively, Assistant Secretary of the Interior. location, or selection as follows: of that title. (a) Ninety-day period for preference- Inquiries concerning these lands shall J anuary 8, 1947. right filings. For a period of 90 days be addressed to the District Land Office [F. R. Doc. 47-495; Filed, Jan. 17, 1947; from February 28, 1947, to May 30, 1947, at Buffalo, Wyoming. 8:48 a. m.] inclusive, the public lands affected by The lands affected by this order are this order shall be subject to (1) ap­ described as follows: plication under the homestead or the Six t h P rincipal Meridian FEDERAL POWER COMMISSION desert land laws, or the small tract act of June 1,1938 (52 Stat. 609, 43 U. S. C. sec. T. 41 N., R. 85 W., [Docket Nos. G-239 and G-358] sec. 30, lot 5, NEi/4, and E&NWJ4. 682a), as amended, by qualified veterans T. 41 N., R. 86 W., Texas Gas U tilities Co. of World War II, for whose service recog­ sec. 25, NEftNR*4. nition is granted by the act of Septem­ NOTICE OF ORDER DERTERMINING STATUS U N ­ The areas described aggregate 322.17 acres. DER NATURAL GAS ACT, AND ISSUING CER­ ber 27,1944 (58 Stat. 747, 43 U. S. C. secs. TIFICATE OF PUBLIC CONVENIENCE AND 279-283) , subject to the requirements of Warner W. Gardner, NECESSITY applicable law, and (2) application under Assistant Secretary of the Interior. any applicable public-land law, based on J anuary 15,1947. prior existing valid settlement rights and D e c e m b e r 2 7 , 1 9 46. Notice is hereby given that, on January preference rights conferred by existing [F. R. Doc. 47-491; Filed, Jan, 17, 1947; 14, 1947, the Federal Power Commission laws or equitable claims subject to al­ 8:48 a.m.] issued its order determining status under lowance and confirmation. Applications Natural Gas Act, and issuing certificate by such veterans shall be subject to of public convenience and necessity, claims of the classes described in sub­ entered January 14, 1947, in the above- division (2). Office of the Secretary designated matters. (b) Ttventy-day advance period for [seal] Leon M. F uquay, Nevada simultaneous preference-right filings. Secretary. For a period of 20 days from February 8, NOTICE FOR FILING OBJECTIONS TO PUBLIC 1947 to February 28,1947, inclusive, such LAND ORDER 3 3 8 ,1 WITHDRAWING PUBLIC [F. R. Doc. 47-504; Filed, Jan. 17, 1947; 8:46 a. m.] veterans and persons claiming preference LAND FOR USE OF BUREAU OF LAND MAN­ rights superior to those of such veterans, AGEMENT AS AN ADMINISTRATIVE SITE may present their applications, and all Notice is hereby given that for a period such applications, together with those of 30 days from the date of publication [Project No. 1955] presented at 10:00 a. m. on February 28, of this notice, persons having cause to 1947, shall be treated as simultaneously S avannah R iver Electric Co. filed. object to the terms of Public Land Order No. 338, of January 7, 1947, withdrawing NOTICE OF ORDER DISMISSING APPLICATION (c) Date for non-preference-right fil­ the SE1/4SW1/4 sec. 1, T. 21 S., R. 61 E., FOR LICENSE (MAJOR) ings authorised by the public-land laws. M. D. M„ Nevada, for the use of the Bu­ J anuary 15, 1947. Commencing at 10:00 a. m. on June 2, reau of Land Management as an ad­ 1947, any of the lands remaining unap­ ministrative site, may present their ob­ , Notice is hereby given that, on January propriated shall become subject to such jections to tlje Secretary of the Interior. 14, 1947, the Federal Power Commission application, petition, location, or selec­ Such objections should be in writing, issued its order dismissing application tion by the public generally as may be should be addressed to the Secretary of for license (major), entered January 14, authorized by the public-land laws. 1947, in the above-designated matter. (d) Twenty-day advance period for the Interior, and should be filed in dupli­ simultaneous non-preference-right fil­ cate in the Department of the Interior, [ seal ] Leon M. F uquay, Washington 25, D. C. Secretary. ings. Applications by the general public In case any objection is filed and the may be presented during the 20-day nature of the opposition is such as to [F. R. Doc. 47-506; Filed, Jan. 17, 1947; period from May 12,1947 to June 2,1947, 8:46 a. m.] inclusive, and all such applications, to­ warrant it, a public hearing will be gether with those presented at 10:00 a. held at a convenient time and place, m. on June 2, 1947, shall be treated as which will be announced, where oppo­ SECURITIES AND EXCHANGE simultaneously filed. nents to the order may state their views Veterans shall accompany their appli­ and where the proponents of the order COMMISSION can explain its purpose, intent and ex­ [File No. 811-365] cations with 'Certified copies of their tent. Whether or not a hearing is field, certificates of discharge, or other satis­ P acific Coast Mortgage Co. factory evidence of their military or notice oi^the determination by the Sec­ naval service. Persons asserting prefer­ retary as to whether the order should NOTICE OF APPLICATION, STATEMENT OF ence rights, through settlement or other­ be rescinded, modified or let stand will ISSUES AND ORDER FOR HEARING be given to all interested parties of record wise, and those having equitable claims, and the general public. At a regular session of the Securities shall accompany their applications by and Exchange Commission held at its duly corroborated affidavits in support C. Girard D avidson, office in the City of Philadelphia, Pa., on thereof, setting forth in detail all facts Assistant Secretary of the Interior. the 14th day of January A. D. 1947. relevant to their claims. J anuary 7, 1947. Notice is hereby given that Pacific Applications for these lands, which [F..R . Doc. 47-493; Filed, Jan. 17, 1947; Coast Mortgage Company has filed an shall be filed in the District Land Office 8:48 a. m.] application pursuant to section 8 (f) of at Buffalo, Wyoming, shall be acted the Investment Company Act of 1940 for upon in accordance with the regulations 1 See Title 43, Chapter I, Appendix, supra. an order modifying the Commission’s 404 NOTICES Order of May 21, 1946, which declared vert and any additional issues he deems iary of Public Service Company of In­ the Applicant to be no longer an invest­ raised by the aforesaid application. diana, Inc. and an indirect subsidiary of The Middle West Corporation, a regis­ ment company and terminated its regis­ By the Commission. tration under the Investment Company tered holding company, having filed an Act subject to the continued applicability [seal] Orval L. D uB ois, application and an amendment thereto of sections 17, 30, 36 and 37 of the act Secretary. pursuant to the Public Utility Holding pending the distribution of all of the [F. R. Doc. 47-485; Filed, Jan. 17, 1947; Company Act of 1935, particularly sec­ Applicant’s assets. The application re­ 8:49 a. m.] tion 6 (b) thereof with respect to trans­ quests the Commission to issue an order actions of which the following is a sum­ providing that section 30 (a) of the act mary: shall no longer be applicable to the Ap­ Gas-Water proposes to issue $990,000 plicant and that section 30 (d) shall be [File No. 70-1318] aggregate principal amount of its first applicable only to require the transmis­ mortgage bonds, 3%, series due 1972, one sion to the stockholders at the close of Consumers P ower Co. and Michigan half of said principal amount to be is­ the Applicant’s fiscal year of an annual Gas Storage Co. sued to each of two life insurance com­ report in the form required by section order permitting application- decla- panies, viz., Aetna Life Insurance Com­ 30 (d). _ RATION to become effective pany and New England Mutual Life All interested parties are referred to Insurance Company. Said bonds are to At a regular session of the Securities be issued under and secured by a supple­ said application on file in the offices of and Exchange Commission held at its the Commission for a more detailed mental indenture under the indenture office in the City of Philadelphia, Pa., on securing the company’s outstanding statement of the request and the matters the 13th day of January A. D. 1947. of fact and law asserted. 3 yB % first mortgage bonds. Gas-Water Consumers Power Company (“Con­ proposes to sell the said bonds for an The Corporation Finance Division of sumers”), a subsidiary of The Com­ the Commission has advised the Com­ aggregate principal amount of $998,712 monwealth & Southern Corporation plus accrued interest. The net proceeds, mission that, upon a preliminary exam­ (“Commonwealth”) , a registered holding ination of the application, it deems the after deducting fees and expenses esti­ company, and Michigan Gas Storage mated at $19,414, which amount includes following issues to be raised thereby: Company (“Storage Company”), a cor­ (1) Whether compliance with section a finder’s fee of $7,500, are proposed to be poration newly organized by Consumers, used to refund the note indebtedness of 30 (a) by the Applicant is still necessary having filed an application-declaration for the protection of its investors; and Gas-Water presently outstanding in the and amendments thereto pursuant to principal amount of $500,000, and for (2) Whether compliance with section . the applicable provisions of the Public 30 (d) by the Applicant is still necessary additions to the company’s gas and water Utility Holding Company Act of 1935 utility facilities. for the protection of its investors beyond regarding, among other things, the issu­ Said application having been filed on a requirement that the Applicant furnish ance and sale by Storage Company of December 4, 1946, and an amendment to stockholders at the close of its fiscal 199.990 additional shares of its common thereto having been filed on December year an annual report in the form stock and. the acquisition by Consumers 26,1946, and notice of such filing having required by section 30 (d). of 10 incorporators’ shares and up to been duly given in the manner prescribed It appearing to the Commission that 179.990 additional shares of such stock; by Rule U-23 promulgated pursuant to a hearing upon the application is neces­ and said act, and the Commission not having sary and appropriate: A public hearing having been held received a request for hearing with re­ It is ordered, Pursuant to section 40 after appropriate notice and the Com­ spect to said application within the (a) of said act, that a public hearing on mission having considered the record period specified in said notice, or other­ the aforesaid application be held on and having made and filed its findings wise, and not having ordered a hearing January 29, 1947 at 9:45 a. m., Eastern and opinion herein: thereon; and Standard Time, Room 318 in the offices It is ordered, That said application- The applicant having requested that of the Securities and Exchange Commis­ declaration, as amended, be, and the the Commission’s order granting the ap­ sion, 18th and Locust Streets, Philadel­ same hereby is, granted and permitted plication be issued at any early date and to become effective subject to the terms became effective forthwith in order to phia 3, Penna. and conditions provided in Rule U-24. It is further ordered, That William W. permit the consummation of the pro­ It 'is further ordered, That an exemp­ posed transactions not later than Janu­ Swift or any officer or officers of the tion from the competitive bidding re­ ary 24, 1947, and the Commission deem­ Commission designated by it for that quirements of subsection (b) and (c) of ing it appropriate to grant such request; purpose shall preside at the hearing and Rule U-50 be granted with respect to and any officer or officers so designated to the issuance and sale of common stock The Commission finding that the Pub­ preside at any such hearing is hereby of Storage Company to Panhandle East­ lic Service Commission of Indiana has authorized to exercise all of the powers ern Pipe Line Company, subject, how­ expressly authorized thé transactions granted to the Commission under sec­ ever, to the terms and conditions pre­ hereinabove set forth and the Commis­ tions. 41 and 42 (b) of the Investment scribed in Rule U-24. sion being satisfied on the basis of the Company Act of 1940 and to hearing By the Commission. record that the applicable requirements of the act, particularly section 6 (b) officers under the Commission’s Rules of [seal] Orval L. DuBois, Practice. Secretary. thereof, are met, and that it is appro­ Notice of such hearing is hereby given priate in the public interest and in the to the above named Applicant, Pacific [F. R. Doc. 47-487; Filed, Jan. 17, 1947; interest of investors and consumers that 8:49 a. m.] the application, as amended, be granted; Coast Mortgage Company, and to any It is hereby ordered, Effective forth­ other person or persons whose participa­ with, pursuant to said Rule U-23 and the tion in such proceedings may be in the applicable provisions of said act and public interest or for the protection of [File No. 70-1412] subject to the terms and conditions pre­ investors. Any person desiring to be Indiana Gas & Water Co., Inc. scribed in Rule U-24, that the aforesaid heard or otherwise desiring to participate application, as amended, be, and the in said proceeding should file with the ORDER GRANTING APPLICATION same hereby is, granted. Secretary of the Commission, on or At a regular session of the Securities By the Commission. before January 27, 1947, his application and Exchange Commission, held at its therefor as provided by Rule XVII of the office in the City of Philadelphia, Pa., on [seal] Orval L. D uB ois, rules of practice of the Commission, set­ the 13th day of January A. D. 1947. Secretary. ting forth therein any of the above issues Indiana Gas & Water Company, Inc. [F. R. Doc. 47-486; Filed, Jan. 17, 1947; of law or fact which he desires to contro­ (“Gas-Water”), a public utility subsid­ 8:49 a. m.]