v VOLUME 14 ^ U t o J t O ^ NUMBER 197

Washington, Wednesday, October 12, 1949

TITLE 3— THE PRESIDENT positions of private secretary or confi­ CONTENTS dential assistant to each member of re­ EXECUTIVE ORDER 10083 gional adjustment boards be excepted THE PRESIDENT from the competitive service. Effective R evocation of E xecutive Orders Nos. upon publication in the F ederal R egister, Executive Order Pa6# 9698,1 9751,1 and 9823 2 So F ar as T hey a new paragraph (b) is added to § 6.127 International organizations; par­ P ertain to Certain I nternational Or­ as follows: tial revocation of EO’s 9698, ganizations 9751, and 9823______6161 § 6.127 National Railroad Adjustment WHEREAS the United Nations Relief Board. * * * EXECUTIVE AGENCIES and Rehabilitation Administration, the (b) One private secretary or confiden­ Inter-American Coffee Board, and the tial assistant to each member of regional Agriculture Department Intergovernmental Committee on Refu­ adjustment boards. See Commodity Credit Corpora­ gees were designated, respectively, by tion; Production and Marketing Executive Order No. 9698 of February 19, (R. S. 1753, sec. 2, 22 Stat. 403; 5 U. S. C. Administration. 1946, Executive Order No. 9751 of July 631, 633. E. O. 9830, Feb. 24, 1947, 12 Alien Property, Office of 11,1946, and Executive Order No. 9823 of F. R. 1259; 3 CFR, 1947 Supp. E. O. 9973, Notices: January 24, 1947, as public international June 28, 1948, 13 F. R. 3600, 3 CFR, 1948 Vesting orders, etc.: organizations entitled to enjoy the Supp.) Ehrenberg, Mary------6191 privileges, exemptions, and immunities U nited S tates Civil Serv­ Horning, Julius F------6192 conferred by the International Organiza­ ice Commission, Lippert, Anna------6190 tions Immunities Act (59 Stat. 669); and [seal] H arry B. M itchell, Mack, N ina______6192 WHEREAS the said international or­ Chairman. Plehn, G______6190 ganizations have ceased to exist or are Stamm, Erich______6192 ift process of liquidation: [F. R. Doc. 49-8162; Filed, Oct. 11, 1949; Vidahl, Guido, et al—-— ,— 6191 NOW, THEREFORE, by virtue of the 8:47 a. m.] authority vested in me by section 1 of Civil Service Commission the said International Organizations Im­ Rules and regulations: munities Act, I hereby revoke the said TITLE 6— AGRICULTURAL CREDIT Competitive service exceptions; Executive Orders Nos. 9698, 9751, and\ National Railroad Adjustment 9823 so far as they pertain, respectively,. Chapter IV— Production and Market­ Board______6161 to the United Nations Relief and ing Administration and Commodity Commerce Department Rehabilitation Administration, the In­ Credit Corporation, Department of See International-Trade, Office of. ter-American Coffee Board, and the Agriculture Commodity Credit Corporation Intergovernmental Committee on Refu­ Rules.and regulations: gees. Subchapter C— Loans, Purchases, and Other Corn loan and purchase pro- H arry S. T ruman Operations gram, 1949______6161 T he W hite H ouse, [1949 C. C. C. Corn Bulletin 1, Supp. 1] Federal Power Commission October 10,1949. P art 606—Corn Notices: [F. R. Doc. 49-t8200; Filed, Oct. 11, 1949; Hearings, etc.: 10:56 a. m.] SUBPART— 1949 CORN LOAN AND PURCHASE Colorado Interstate Gas Co— 6184 Fields, Ernest S., and Joseph The regulations issued by Commodity Paul O’Brien______6185 Credit Corporation and the Production Lyles Ford Tri-County Power TITLE 5— ADMINISTRATIVE and Marketing Administration published Authority______6185 PERSONNEL in 14 F. R. 6039, governing the making Mississippi River Fuel Corp__ 6184 Southern Natural Gas Co----- 6185 Chapter I— Civil Service Commission of loans and containing the requirements of the purchase agreement program on United Gas Pipe Line Co------6185 P art 6—E xceptions F rom the corn produced in 1949 are hereby sup­ Federal Security Agency Competitive Service plemented as follows: See Food and Drug Administra­ national railroad adjustment board tion; Social Security Adminis­ § 606.126 Basic support rates. Basic tration. Under authority of § 6.1 (a) of Execu­ support rates per bushel of eligible corn tive Order No. 9830, and at the request of Food and Drug Administration grading No. 3, or No. 4 on the factor of Rules and regulations: the National Railroad Adjustment Board, test weight only but otherwise grading the Commission has determined that the Statements of general policy or No. 3 or better, are as follows for the re­ interpretation; experimental *3 CFR, 1946 Supp. spective States and counties: shipments of food that does *3 CFR, 1947 Supp. (Continued on next page) not comply with standards— 6171 6161 6162 RULES AND REGULATIONS

CONTENTS— Continued CODIFICATION GUIDE Interstate Commerce Commis- Pa2e A numerical list of the parts of the Code of Federal Regulations affected by documents FEDERALlpEGISTER sion published in this issue. Proposed rules, as \ 1934 Rules and regulations: opposed to final actions, are identified as Car service; trainloads of baux­ such. ite ore concentrates______6181 Published daily, except Sundays, Mondays, Title 3 Pase and days following official Federal holidays, Justice Department Chapter II (Executive orders): by the Division of the Federal Register, the National Archives, pursuant to the authority See Alien Property, Office of. 9698 (revoked by EO 10083) ___ 6161 contained in the Federal Register Act, ap­ Maritime Commission 9751 (revoked by EO 10083) ___ 6161 proved July 26, 1935 (49 Stat. 500, as 9823 (revoked by EO 10038)__ 6161 amended; 44 U. S. C., ch. 8B ), under regula­ Notices: 9830 (see T. 5, Part 6)______6161 tions prescribed by the Administrative Com­ Java New York Line et al.; 10083 ____ 6161 mittee, approved by the President. Distribu­ notice of agreements filed for tion is made only by the Superintendent of approval______6189 Title 5 Documents, Government Printing Office, Chapter I: Washington 25, D. C. Post Office Department Part 6______6161 The regulatory material appearing herein Rules and regulations: Title 6 is keyed to the Code of Federal Regulations, Postal service, international; which is published, under 50 titles, pursuant Chapter IV: to section 11 of the Federal Register Act, as Mexico______6180 Part 606______6161 amended June 19, 1937. Production and Marketing Ad­ Title 7 The F ederal R egister will be furnished by mail to subscribers, free of postage, for $1.50 ministration Chapter I: per m onth or $15.00 per year, payable in ad­ Notices : Part 51 (proposed)______6181 vance. The charge for individual copies Market agencies at Union Stock Chapter VII: (minimum 15£) varies in proportion to the Yards, Chicago, 111.; petition Part 725 (proposed)______6184 size of the issue. Remit check or money for continuation of temporary Chapter IX: order, made payable to the Superintendent Part 984______6166 of Documents, directly to the Government rates______6184 Printing Office, Washington 25, D. C. Proposed rule making: Part 994______6167 There are no restrictions on the republica­ Oranges in California and Ari­ Title 15 _ tion of material appearing in the F ederal zona; U. S. standards______6181 Chapter III: R egister. Tobacco, Burley; marketing quo­ Part 372 (2 documents)__6167,6169 tas, 1950-51______6184 Rules and regulations: Title 20 Pecans in Georgia, Alabama, Chapter III: Now Available Florida, Mississippi, and Part 403______6170 South Carolina______6167 Title 21 UNITED STATES Walnuts in California, Oregon, Chapter I: GOVERNMENT and Washington______•.___ 6166 Part 3______6171 Title 31 ORGANIZATION Public Housing Administration Notices : Chapter II: MANUAL Description of agency and pro­ Part 328______6171 Part 306 (see Part 328)______6171 1949 Edition grams and final delegations of authority______6185 Part 308 (see Part 328)______6171 (Revised through July 1) Title 38 Securities and Exchange Com- Chapter I: Published by the Division of the Federal mission Register, the National Archives Part 3______6174 Notices : Part 6______6180 725 pages— $1.00 a copy Hearings, etc.: Part 8______6180 American Power & Light Co. Title 39 Order from Superintendent of Documents, et a l------6186 United States Government Printing Office, Chapter I: Arkansas Natural Gas Corp__ 6186 Part 127—.______6180 Washington 25, D. C. Buffalo Niagara Electric Corp------6188 Title 49 Newmont Mining Corp. et al_ 6188 Chapter I: Part 95______6181 CONTENTS— Continued Republic Service Corp. et al_ 6186 Social Security Administration Foreign and Domestic Com- PaSe Rules and regulations: Alabama merce Bureau Rate per Federal old-age and survivors bushel See International Trade, Office of. insurance; reopening of de­ All counties ___ $1.59 Housing and Home Finance terminations and decisions__ 6170 Arkansas Agency Treasury Department See Public Housing Administra­ Rules and regulations: Rate per Rate per tion. County bushel County bushel Public Debt Bureau; restrictive Arkansas ____ $1.57 Cleveland ___ $1. 56 International Trade, Office of endorsements of bearer se­ Ashley .... — 1.59 Columbia _ 1.56 Rules and regulations: curities ______,____ 6171 B a x te r ___ _ 1.46 Conway . 1.52 Export regulations; provisions B e n to n ___ 1.46 Craighead __ 1.50 for individual and other val- Veterans’ Administration Boone 1.46 Crawford ____ 1.49 idated licenses: Rules and regulations: Bradley __ 1.58 Crittenden ___ 1.53 C alhoun__ 1.58 Cross ___ —. 1.52 Export license, filing of ap­ Life insurance: C arroll___ — 1.46 Dallas___ — 1.56 plication______6169 National service______6180 Chicot __ __ 1.59 D e sh a ___ _ . 1.59 Exportations requiring license U. S. Government______6180 Clark ______1.54 Drew ___ 1.58 and applications for li­ Veterans claims; miscellaneous C lay------__ 1.46 Faulkner ____ 1.52 censes______6167 amendments______6174 C leb u rn e_ 1.51 Franklin ___ 1.51 Wednesday, October 12, 1949 FEDERAL REGISTER 6163

Arkansas— Continued I llin o is—Continued Iowa—Continued Rate per Rate per Rate per Rate per Rate per Rate per County bushel County bushel County bushel County bushel County bushel County bushel Fulton ____ $1.46 Nevada ______$1.55 H am ilton___ $1.42 Montgomery_ $1.89 Black Hawk_ $1.34 Keokuk ____ $1.35 G arland___ 1.52 Newton ____ 1.49 H ancock____ 1.38 M organ______1.39 Boone ______1.32 K o ssu th ____ 1.32 G ra n t------1.54 O u ach ita___ 1.56 H a rd in ____ _ 1.43 M o u ltrie__ - 1.39 B rem er_____ 1.83 L ee______1.37 Greene ____ 1.48 Perry ______1.52 H enderson__ 1.38 O g le ------1.38 Buchanan __ 1.84 L in n ______1.35 Hempstead _ 1.53 P h illip s ____ 1.58 Henry 1.38 Peoria 1.39 Buena Vista_ 1.31 L o u is a ______1.36 Hot Spring_ 1.54 P ik e __ __ 1.52 Iroqu ois____ 1.40 Perry ______1.42 B u tler______1.33 L u c a s______1.34 Howard ___ 1.51 . Poinsett____ 1.51 Jackson •___ 1.43 Piatt ______1.39 C alhoun____ 1.32 L y o n ______1.31 Independ- Polk ____ — 1.49 Jasper _____ 1.41 Pike ______1.89 C arroll_____ 1.32 M adison____ 1.84 1. 51 Pope ...... 1.51 Jefferson __ _ 1.41 P o p e ______1.43 C ass______1.33 M ahaska____ 1.34 Izard _ ____ 1.49 P ra irie _____ 1.55 Jersey______1.40 P u la s k i____ 1.44 Cedar ______1.36 Marion 1.34 Jackson ___ 1.51 Pulaski ____ 1.53 Jo D aviess__ 1.37 P u tn a m ____ 1.38 Cerro Gordo_ 1.32 Marshall ___ 1.33 Jefferson __ 1.56 R a n d o lp h __ 1.46 Joh n son____ 1.43 R a n d o lp h __ 1.42 C herokee___ 1.32 M ills ______1.33 Joh n son ___ 1.51 St. Francis__ 1. 54 K a n e______1.40 R ich la n d ___ 1.42 Chickasaw__ 1.33 Mitchell 1.33 L afayette__ « 1.55 S a lin e ______1.52 Kankakee __ 1.39 Rock Island _ 1.88 Clarke 1.34 Monona 1.32 Lawrence__ 1.49 Scott ______1.49 K e n d a ll____ 1.39 St. C lair____ 1.42 C la y ------1.32 Monroe 1.35 Lee ______L 55 Searcy ______1.49 Knox ______1.38 Saline _____ 1.43 C la y to n ____ 1.34 Montgomery _ 1.33 Lincoln _____ 1.58 S e b a stia n __ 1.49 L a k e ______1.41 Sangam on__ 1.39 Clinton 1.36 Muscatine__ 1.36 Little River— 1.51 S e v ier ______1. 50 La S a lle ____ 1.38 S ch u y ler ___ 1.39 Crawford ___ 1.32 O’Brien ____ 1.31 Logan _____ 1.51 Sharp ______1.49 Lawrence___ 1.42 Scott ______1.39 Dallas 1.33 Osceola ____ 1.31 Lonoke ____ 1.54 Stone ______1.50 Lee ______1.38 Shelby 1.40 D avis______1.36 P a g e ______1.33 M adison__ _ 1.49 Union _____ 1.58 L iv in g sto n _ 1.39 S t a r k ___ ;__ 1.88 Decatur 1.34 Palo A lto___ 1.32 M arion____ 1.46 Van Buren__ 1.51 Logan _ ___ 1.39 Stephenson_ 1.38 D elaw are___ 1.35 Plymouth ___ 1.33 M iller_____ 1.53 Washington _ 1.49 McDonough _ 1.38 T a z ew ell___ 1.89 Des Moines__ 1.37 Pocaihontas_ 1.31 Mississippi _ 1.48 W h ite ______1.52 M cH enry___ 1.39 U n io n ______1.43 D ick in so n __ 1.32 Polk 1.33 M onroe____ 1.55 W oodruff___ 1. 52 M cL ean ____ 1.39 V erm ilion __ 1.39 Dubuque ___ 1.35 Pottawat- Montgomery - 1.51 Y e ll...... 1.51 M a c o n ______1.39 W a b a sh ____ 1.42 Emmet 1.32 tamie 1.33 M a co u p in __ 1.40 W arren______1:38 Fayette _____ 1.34 P ow eshiek__ 1.33 Arizona M adison____ 1.41 Washington . 1.42 Floyd ______1.32 R in g g o ld ___ 1.33 All counties- 1.61 M arion_____ 1.41 W a y n e ______1.41 F ra n k lin ___ 1.33 Sac ______1.31 California M arsh all___ 1.38 W h ite ______1.42 F re m o n t___ 1.33 Scott ______1.36 All counties. 1.66 Mason _ 1.39 W h itsid e___ 1.38 G reen e___ _ 1.32 Shelby 1.32 M assac______1.43 W ill______1.40 Grundy ____ 1.33 Sioux 1. 32 Colorado Menard _____ 1.39 W illiam son_ 1.43 G u th r ie ____ 1.32 Story ______1.33 A d a m s____ 1.89 L arim er____ 1.40 M ercer______1.37 Winnebago _ 1.38 H am ilton___ 1.32 T a m a ______1.34 A lam osa___ 1.41 Las Animas_ 1.40 M onroe______1.42 W oodford__ 1.39 H ancock____ 1.32 Taylor______1. 33 1.39 Hardin Union Arapahoe __ 1.39 Lincoln ____ Indiana 1.33 1.33 A rch u leta _ 1.43 L ogan ______1.37 Harrison 1.83 Van Buren__ 1.36 B a c a ______1.39 M esa ______1.44 1. 41 T.awrenee . 1.41 Henry 1. 36 Wapello 1.35 B e n t ______1.39 Moffat _ ___ _ 1.43 A llen ______1.41 M adison_____ 1.40 Howard ___ 1.33 Warren 1.34 B o u ld er___ 1.40 Montezuma _ 1.44 Bartholomew. 1.41 M arion _____ 1.40 H u m b old t__ 1.32 W ashington_ 1.35 Cheyenne ... 1.38 M ontrose___ 1. 44 Benton _____ 1.38 Marshall____ 1.39 I d a ______1.31 Wayne _____ 1.34 C o n ejo s___ 1.42 Morgan ____ 1.38 Blackford __ 1.41 M a rtin _____ 1.41 Iowa 1.34 Webster____ 1.32 C o s tilla ___ 1.41 O te r o ______1.40 Boone ______1.40 Miami _ ___ 1.40 J a ck so n __ __ 1.36 Winnebago _ 1.33 Crowley 1.40 O uray______1.44 Brown _____ 1.40 M onroe_____ 1.40 Jasper 1.33 Winneshiek _ 1.34 Custer _____ 1.41 Phillips ____ 1.35 C arroll_____ 1.39 Montgomery _ 1.39 Jefferson 1.35 W oodbury__ 1.32 Delta _____ 1.44 P itk in ______1.44 C ass______. 1.39 M organ_____ 1.40 Joh n son ____ 1.35 W orth______1.33 D olores____ 1.44 Prowers____ 1.38 C lark______1.42 N ew ton_____ 1.38 Jones ______1.36 W rig h t...... 1.32 D o u g la s___ 1.40 P u e b lo _____ 1.40 C lay------1.39 Noble _ . —. 1.40 Kansas Elbert _____ 1.39 Rio Blanco__ 1.43 C linton_____ 1.40 O h io ______1.42 El Paso_____ 1.39 Rio Grande_ 1.42 C rawford___ 1.42 Orange __ _ 1.41 A lle n ___ _ 1.37 H a rv ey _____ 1.38 Frem ont___ 1.41 R o u t t ______1.42 D aviess_____ : 1.40 Owen ______1.39 A nderson___ 1.37 Haskell_____ 1.38 G arfield___ 1.44 Saguache — 1.41 D earborn___ 1.42 Parke ______1.39 A tc h iso n ___ 1.35 H odgem an__ 1.38 Grand ____ 1.41 San Miguel. _ 1.44 Decatur ____ 1.41 Perry ______1.42 Barber______1.38 J a c k so n ____ 1.34 H u e r fa n o _ 1.40 Sedgw ick___ 1.35 De Kalb_____ 1.41 P ik e ______1.41 B a r to n __ ___ 1.38 Jefferson ___ 1.35 Jefferson __ >— 1.40 Washington _ 1.37 D elaw are___ 1.41 P orter___ __ 1.39 Bourbon _ _ _ 1.37 J e w e ll______1.33 K iow a_____ 1.38 W e ld ______1.38 D u b o is_____ 1.41 P osey______1.41 B row n______1.34 J o h n so n ____ 1.36 Kit Carson_ 1.38 Y u m a ______1.36 Elkhart_____ 1.40 P u la sk i__ ___ 1.89 B u tler______1.38 K earn y_____ 1.38 La Plata___ 1.43 F ayette_____ 1.41 P u tn a m ____ 1.40 C h a se ______1.35 Kingman ___ 1.38 1.42 R a n d o lp h __ 1.41 Connecticut Floyd ______Chautauqua _ 1.38 Kicwa ______1.38 R ip ley______1.41 1. 65 Fountain ____ 1.38 C herokee___ 1.38 L ab ette_____ 1.38 Franklin ___ 1.41 R u sh ______1.41 Cheyenne ___ 1.35 L a n e ______1.38 Delaware Fulton 1.39 St. Joseph___ 1.39 Clark______1.38 Leavenworth _ 1.36 All counties- 1.57 Gibson 1.40 Scott ______1.42 C lay------1.33 Lincoln_____ 1.35 Grant Sh elby______1.40 F lorida 1.40 C lo u d ______1.33 Linn ______1.37 S p en cer All counties. 1.59 Greene 1.40 __ __ 1.42 C offey______1.36 L o g a n ______1.38 H a m ilto n __ 1.40 Starke _____ 1.39 C om anche__ 1.38 L y o n ______1.35 Georgia Hancock ___ 1.40 Steuben _ __ 1.41 C ow ley_____ 1.38 McPherson__ 1.35 All counties. 1.59 H a rriso n ___ 1.42 S u lliv a n ____ 1.39 C raw ford___ 1.38 M arion_____ 1.35 I daho H en d rick s__ 1.40 Switzerland - 1.42 D e ca tu r ___ _ 1.34 Marshall____ 1.33 All counties. 1.53 H en ry______1.41 Tippecanoe_ 1.39 D ickinson___ 1.34 Meade ______1.38 H ow ard ____ 1.40 T ip to n _____ 1.40 D o n ip h a n __ 1.34 M iam i______1.37 I l l in o is H untington_ 1.40 U n io n ______1.41 D o u g la s__ __ 1.35 Mitchell____ 1.34 Adams 1.38 Crawford___ 1.41 Jackson 1.41 Vanderburgh. 1.41 Edw ards____ 1.38 Montgomery _ 1.38 A lexander_ 1.44 Cumberland _ 1.40 Jasper____ _ 1.38 Verm illion__ 1.38 Elk ...... 1.38 M orris_____ 1.35 Bond . - 1.40 De Kalb_____ 1.39 Jay ------1.41 Vigo ------1.38 E llis______1.35 M orton_ _ 1.38 Boone _ 1.38 De W itt_____ 1.39 J efferso n ___ 1.42 Wabash _____ 1.40 Ellsw orth___ 1.35 N em a h a ____ 1.34 Brown 1.39 D o u g la s____ 1.39 J e n n in g s___ 1.41 Warren 1.38 F in n e y _____ 1.38 N eosh o_____ 1.38 Bureau 1.38 Du P a g e _____ 1.40 Joh n son ____ 1.40 Warrick ___ 1.31 Ford ______1.38 • N ess______1.38 C a lh o u n __ 1.39 Edgar ______1.39 Knox ______1.40 W ashington_ 1.42 Franklin____ 1.36 Norton _____ 1.34 Carroll 1.38 E dw ard s____ 1.42 K osciu sk o__ 1.40 W a y n e ___ __ 1.41 Geary ______1.34 O sa g e ______1.35 Cass _ 1.39 Effingham __ 1.41 L agrange___ 1.40 Weils 1.41 G o v e ____ _ 1.38 Osborne ____ 1.34 Champaign . 1.39 Fayette ____ 1.40 L a k e ______1.39 W h ite ...... 1.39 G rah am ____ 1.35 O ttaw a_____ 1.34 Christian__ 1.39 Ford ______1.39 La P orte____ 1.39 Whitiey 1.40 Grant ______1.38 P aw nee_____ 1.38 G r a y ------1.38 P h illip s_____ 1.33 Clark _ __ 1.40 F ra n k lin ___ 1.42 I owa Clay ------1.41 F u lto n _____ 1.39 G reeley_____ 1.38 Pottawatomie. 1.34 Clinton 1.41 G a lla tin ____ 1.43 Adair ______1.83 Appanoose__ 1.35 G reenw ood_ 1.38 P r a tt______1.38 Coles .... 1.39 G reen e_____ 1.39 Adams _____ 1.83 Audubon ___ 1.32 H am ilton ___ 1.38 R a w lin s____ 1.35 Cook 1.41 Grundy ____ 1.39 A llam akee__ 1.34 Benton _____ 1.35 H arp er_____ 1.38 R e n o ______1.38 6164 RULES AND REGULATIONS

K ansas—Continued Michigan Minnesota—Continued Rate per Rate per Rate per Rate per Rate per Rate per County bushel County bushel County bushel County bushel County bushel County bushel Republic , __$1.32 S ta ffo rd ____ $1.38 A lc o n a __ ... $1.44 K ew eenaw __ $1.44 Winona __ __ $1.32 Yellow Medi- R ic e _____ 1.38 Stanton 1.38 Alger , 1 A4 Lake ______1.44 W righ t___ __ 1.33 cine______$1.31 R ile y ____ 1.33 Stevens _____ 1.38 A lle g a n ____ 1.42 L a p eer_____ 1.44 Mississippi Rooks __ 1.34 S u m n e r ____ 1.38 Alpena _ ____ 1.44 Leelanau ____ 1.44 R u s h ___ 1.38 T h o m a s__ __ 1.38 Antrim _ —_ 1.44 Lenawee ___ 1.44 All counties 1.59 1. 35 Trego 1.38 1. 44 Livingston __ 1.44 Missouri 1.35 Wabaunsee_ 1.34 B araga__ 1.44 L u c e ______1.44 1. 38 Wallace ____ 1.38 1. 42 Mackinac ___ 1. 44 A d a ir ______1.36 Linn ______1.36 1.38 W ashington_ 1.33 M acom b____ 1.44 A n d rew __ __ 1.35 Livingston__ 1.35 B a y ------___ 1.44 Atchison 1.38 Wichita __ __ 1.38 B e n z ie __ ___ 1.44 M a n istee_ 1.44 __ 1.34 M cD onald__ 1.42 — 1.34 W ils o n _____ 1.38 B e r r ie n _ ___ 1.41 M arquette__ 1.44 A udrain__ _ 1.38 Macon _____ 1.36 1.35 W ood son ___ 1.38 Mason ___ __1.44 Barry______1.42 M adison____ 1.42 Branch __ __ 1.42 Barton______1.42 Sherman __ 1.38 W yandotte__ 36 Calhoun ___ 1.42 M ecosta____ 1.44 M a ries______1.39 Bates ______1.38 Marion_____ S m ith _.. __ 1.33 C a s s ______1.41 M enom inee_1.44 1.38 B en to n ___ __ 1.38 M ercer___ _ 1.34 Kentucky Charlevoix __ 1.44 M idland____ 1. 44 M issaukee__ 1.44 B ollin ger___ 1.42 M iller______1.39 Cheboygan _- 1.44 Boone ______1.38 Adair _ 1.55 Larue ______1. 54 Chippewa ___ 1.44 Monroe ____ 1.44 Mississippi_ 1.42 Allen _ 1. 55 T ¿nirel 1. 58 M ontcalm __ 1.44 Buchanan _— 1.35 M oniteau___ 1.39 1. 44 B utler______1.42 Anderso Lawrence___ 1.53 Montmorency. 1.44 Monroe_____ 1.37 1.55 Clinton __ 1.44 Caldwell__ __ 1.35 Ballard 1.43 Lee ______1.58 Crawford _—_ 1.44 M uskegon__ 1.44 Montgomery _ 1.38 Barren 1.55 . Leslie ... 1. 58 1 AA ___ 1.44 C allaw ay___ 1.38 Morgan_____ 1.38 N ew aygo Camden _ _ Beth __ 1. 55 Letcher ____ 1.58 Dickinson Oakland ___ 1.44 _ 1.39 New Madrid_ 1.42 — 1.44 C a p e Girar- New ton_____ 1.42 Bell ___ 1.58 Tawìs . . 1. 50 1. 44 O ceana_____ 1.44 d e a u ___ __ 1.42 Nodaway ___ 1.34 Boone _ 1.48 Lincoln ____ 1.57 E m m e t _ 1.44 Ogemaw ___ 1.44 Carroll...... 1.57 O n ton agon 1. 36 1. 42 L ivingston__ 1.46 Genessee _— 1.44 _1.44 Carter ____ — 1.42 B o y d __ 1. 51 1. 52 O sa g e______1.39 L ogan ______Gladwin _— 1.44 Osceola ____ 1.44 Cass______1.37 Ozark B o y le _ 1.57 1.50 1 AA O scoda_____ 1.44 1.42 Bracken 1.50 Cedar _ __ „ 1.42 P em isco t___ 1.42 M cC racken_ 1.46 Grand Tra- O tse g o ______1.44 Chariton__ Perry 1.58 Ottawa ____ 1.42 __ 1.36 1.42 McCreary___ 1.57 verse _ ___ 1.44 C hristian___ 1.42 Pettis e _ 1.47 M cL ean___ - 1. 50 Gratiot_ __ 1.44 Presque Isle _ 1.44 1.37 Clark_____ — 1.37 Phelps 1.42 Bullitt 1.51 M adison____ 1.57 Hillsdale ____ 1.42 Roscommon _ 1.44 Butler __ 1.53 Clay------— 1.36 Pike ______1.38 Magoffin__ __ 1.58 Houghton ___ 1.44 Saginaw ____ 1.44 C linton___ __ 1.35 Platte __ 1.50 H u r o n __ ___ 1.44 St. Clair____ 1.44 1.36 M arion_____ 1.55 C ole______— 1.39 Polk ______1.49 Marshall ___ 1.47 Ingham _ '■ 1.44 St. Joseph__ 1.41 1.42 Campbell 1.48 Cooper _ ___ 1.38 Pulaski 1.42 M a rtin _____ 1. 57 Ionia ___ 1.44 Sanilac ____ 1.44 Crawford_ — 1.40 Putnam _ Carlisle _ 1.46 1. 50 Tosco 1 AA Schoolcraft _ 1.44 1.35 D a d e______1.42 Ralls 1.38 C arroll_ 1.47 M eade______1.47 Iron ____ _ - 1.44 Sh iaw assee_1.44 C a r te r _ 1.53 D a lla s____ — 1.42 R a n d o lp h __ 1.37 M en ifee____ 1.57 I s a b e lla ____ 1.44 T u sco la ____ 1.44 D aviess___ Casey '__ 1.57 1.41 _ 1.35 R a y ------1.36 M ercer_____ 1. 57 Jackson _ _ - 1.44 Van Buren__ De Kalb___ __ 1.35 — 1.51 1.44 R eynolds___ 1.42 M etc a lfe ___ 1. 55 Kalamazoo __ 1.42 Washtenaw _ D e n t ______1.42 R ipley______Clark _ __ 1.57 Kalkaska _— 1.44 W a y n e______1.44 1.42 M onroe_____ 1. 55 D o u g la s__ __ 1.42 St. Charles__ Clay 1. 58 K e n t______1.44 Wexford ___ 1.44 1.40 Montgomery 1.57 Dunklin __ __ 1.42 St. Clair____ 1.38 Clinton Morgan ____ 1.57 C ritten d en _ 1.46 Minnesota F ra n k lin _ 1.40 St. Francois_ 1.41 Muhlenberg 1.51 Gasconade ___ 1.39 St. Louis____ 1.40 Cumberland _ 1. 55 Nelson ____ 1.54 D aviess_____ 1.47 Aitkin ______1.34 L y o n ____ 1.31 G en try___ __ 1.34 Ste. Genevieve 1.41 N icholas___ 1.55 Anoka ____ i 1.34 M cL eod__ _ 1.33 G reen e___ __ 1.42 Saline 1.37 E dm onson__ 1. 54 O h io ______1.51 Elliott _____ 1. 55 Becker _____ 1.34 M ahnom en_1.34 Grundy __ 1.34 S c h u y ler ___ 1.36 O ld h a m ___ 1.47 B e ltr a m i___ 1.34 Marshall ____ 1.34 H arrison ___ 1.34 S c o tla n d ___ 1.37 Estill ...... 1. 58 Otwen___ .__ 1.51 Fayette ____ 1.57 Benton __ ;_ 1.34 M a rtin _____ 1.32 Henry ____ — 1.38 Scott ______1.42 O w sley____ 1. 58 Big Stone___ 1.31 M eeker_____ 1.32 Hickory __ 1.38 Shannon ___ 1.42 F lem in g____ 1. 53 Pendleton 1.51 Floyd ______1. 58 Blue Earth__ 1.32 Mille Lacs___ 1.34 H olt______1.34 Shelby _____ 1.37 Perry______1.58 Brown ______1.32 M orrison___ 1.34 H ow ard__ — 1.37 Stoddard ___ 1.42 F r a n k lin ___ 1.53 P ik e______1.58 F u lto n _____ 1.46 C a r lto n ___ _ 1.34 M ow er_____ 1.32 H o w ell___ __ 1.42 Stone 1.42 Powell ____ 1.58 Carver ___ :_ 1.34 M urray_____ 1.31 Iron _____ 1.42 Sullivan _____ 1.36 Gallatin ___ 1.47 P u lask i____ 1.57 G arrard____ 1.57 Cass _____ :__ 1.34 N ic o lle t____ 1.32 Jackson _ _— 1.36 Taney ______1.42 Robertson 1. 53 Chippewa ___ 1.32 Nobles ______1.30 Jasper ______1.42 Texas ______1.42 G r a n t______1.52 Rockcastle 1.58 Graves _____ 1.48 C h isa g o ___ _ 1.34 N orm an____ 1.34 Jefferson _ 1.41 V ernon_____ 1.38 Rowan ____ 1. 55 Clay ------1.34 Olmsted ___ 1.32 Joh n son __ _ 1.37 Warren_____ 1.39 G rayson____ 1.51 R u ssell____ 1.57 G reen ______1.55 C learw ater_ 1.34 Otter T a il__ 1.34 K nox______1.37 Washington _ 1.40 Scott ______1.55 Cook ______1.34 Pennington _ 1.34 Laclede___ — 1.42 V^ayne_____ 1.42 G reenup____ 1. 50 Shelby ____ 1.51 Hancock ____ 1.47 Cottonwood _ 1.32 P in e ______1.34 Lafayette ___ 1.37 W ebster____ _ 1.42 Sim pson___ 1.54 Crow Wing__ 1.34 P ip e s to n e __ 1.30 Lawrence ___ 1.42 W orth______1.34 H a rd in _____ 1. 50 Spencer ___. 1.54 H a rla n ___ __ 1.58 Dokota ____ 1.34 P o lk ____ — 1.34 L e w is____ 1.38 W righ t_____ 1.42 Taÿlor_____ 1.55 Dodge _____ 1.32 P o p e ______1.33 Lincoln ___ — 1.39 Harrison ____ 1. 55 T o d d ______1.51 Hart _____ 1_ 1.55 D o u g la s____ 1.33 Ramsey ___ 1.34 T rigg------1. 51 F a r ib a u lt__ Red Lake 1.34 Montana H enderson__ 1.46 1.32 ______1. 44 T rim b le___ 1.47 Fillmore ___ 1.32 Redwood 1.32 All counties H en ry______1.51 U n io n ___ l. 1.46 F reeb orn___ 1.32 R en ville____ 1.32 Nebraska Hickman —._ 1.46 W arren____ 1.54 H op k in s____ 1.50 Goodhue ___ 1.32 Rice 1.33 Ornnt R o c k ...... Colfax J a c k so n ____ 1. 58 Washington 1. 55 1.33 1. 30 A d a m s___ — 1.32 1.32 Jefferson ___ 1.47 Wayne ____ 1. 57 Hennepin __ 1.34 R oseau _____ 1.34 Antelope — 1.30 Cuming____ 1.31 W ebster___ 1.48 Houston ____ 1.32 St. Louis____ 1.34 A rth u r___ __ 1.35 Custer _____ 1.33 J essa m in e__ 1.57 Banner 1.32 J oh n son ____ 1.57 Whitley ___ 1. 58 H ub bard___ 1.34 Scott ______1.34 _ 1.37 Dakota _____ 1.37 K en ton _____ 1.48 W o lfe _____ 1.58 I s a n ti______1.34 Sherburne _ 1.34 B la in e ___ 1.33 D aw es______Boone ____ 1.33 K n o tt______1.58 Woodford Itasca ______1.34 S ib ley ______1.32 ... 1.30 Dawson ____ Jackson ____ Stearns ____ Box Butte_.— 1.37 Deuel 1.36 K n o x ______1.58 1.31 1.33 Kanabec ___ 1.34 Steele ____ _ 1.32 B o y d _____ — 1.31 Dixon ______1.32 Louisiana K andiyohi__ 1.32 Stevens _ _ 1.32 Brow n______1.33 Dodge ______1.32 1. 54 Kittson ____ 1.34 Swift ______1.32 B uffalo___ __ 1.32 D o u g la s__ __ 1.33 Koochiching _ 1.32 Todd ______1.34 B u r t ______1.32 Dundy _____ 1.35 Maine Lac Qui Traverse ___ 1.32 B u tler______1.32 Fillm ore____ 1.32 1.65 P arle____ 1.31 W abasha___ 1.32 Cass _____ — 1.33 Franklin ___ 1.32 L a k e ______1.34 W adena____ 1.34 Cedar ______1.31 Frontier____ 1.34 Massachusetts Lake of the W aseca_____ 1.32 Chase __ F u rn es_____ 1.34 All counties. — 1.35 W o o d s___ 1.34 Washington _ 1.34 Cherry__ - — 1.34 G a g e______1.34 Maryland La Sueur____ 1.33 W aton w an _ 1.32 Cheyenne -— 1.37 Garden_____ 1.30 1.57 Lincoln —... 1.31 Wilkin ______1.34 C la y ------— 1.32 G arfield____ 1.31 Wednesday, October 12» 1949 FEDERAL REGISTER 6165

Nebraska—Continued Ohio—Continued So u th Dakota—Continued Rate per Rate per Bote per Bote per Rate per Rate per County bushel County bushel County bushel County bushel County bushel County bushel G o sp er____ . $1.34 Otoe ______$1.38 G re en e ___ — $1.43 M orrow ____ $1.45 Clark —____ $1.81 L in c o ln ____ $1.30 Grant _____ ._ 1.35 Pawnee 1.34 G uernsey___ 1.47 M uskingum_ 1.46 Clay ------1.30 Lyman 1.32 G reeley____ ._ 1.31 Perkins 1.85 Hamilton —— 1.42 Noble ______1.47 C odington__ 1.31 McCook _ _ 1.29 H a ll______- 1.32 P h e lp s _____ 1.33 Hancock - __ 1.43 Ottawa 1.44 Corson 1.34 M cP herson_ 1.33 H am ilton__ _ 1.31 Pierce ______1.80 Hardin 1.43 P a u ld in g ___ 1.41 Custer 1.35 Marshall ___ 1.32 H a rla n ____ _ 1.33 Platte ______1.31 H a rrison _— 1.48 Perry ______1.46 Davison 1.29 M eade______1.34 H a y e s______1.35 Polk ______1.81 H en ry ____ „ 1.42 Pickaway___ 1.44 D a y ------1.82 M ellette____ 1.32 H itch cock _ - 1.35 R edw lllow __ 1.84 H igh lan d _ __ 1.44 Pike______1.44 D e u e l______1.31 M in er______1.29 Holt ______1.31 Richardson_ 1.84 H ock in g__ __ 1.45 Portage ____ 1.48 D ew ey______1.34 Minnehaha _ 1.29 H ooker____ - 1.34 R o c k ______1.32 H olm es____— 1.46 P reble______1.41 D o u g la s____ 1.30 M oody_____ ‘ 1.30 H ow ard ___ _ 1.32 S a lin e ___ __ 1.33 H u r o n ___ __ 1.45 P u tn a m ____ 1.42 E dm unds___ 1.32 Pennington _ 1.84 Jefferson ____ 1.33 S a r p y ------1.83 J a c k so n __ — 1.45 Richland ___ . 1.45 Fall River___ 1.35 Perkins _____ 1.34 John son__ _ 1.34 Sau nd ers___ 1.82 J efferso n _— 1.48 R oss______1.44 Faulk _ ____ 1.32 Potter 1.33 K earney___ _ 1.32 Scotts Bluff_ 1.87 K n ox____ — 1.46 Sandusky __ 1.44 Grant ______1.31 Roberts ____ 1.32 K e it h ______1.35 Sew ard_____ 1.82 L a k e ______1.48 S c io to ______1.44 Gregory 1.31 Sanborn ____ 1.29 Keya Paha__ 1.33 S h erid an ___ 1.36 Lawrence_ __ 1.45 S e n e c a _____ 1.44 Haakon ____ 1.33 Shannon ___ 1.34 Kimball ____ _ 1.37 Sh erm an ___ 1.32 L ic k in g __ __ 1.45 L. Shelby______1.42 H am lin_____ 1.31 S p in k ______1.31 K nox__ ___ . 1.30 S io u x ______1.37 L o g a n ______1.43 Stark ______1.47 H and______1.30 Stanley ____ 1.33 Lancaster__ _ 1.32 S ta n to n ____ 1.81 Lorain ___ — 1.46 S u m m it____ 1.47 Hanson 1.29 S u lly ______1.32 L in c o ln ___ _ 1.34 T hayer__ ___ 1.32 Lucas ____ — 1.43 Trum bull___ 1.48 H ard in g____ i 1.35 Todd ...... 1.32 Logan ____ _ 1.34 T h o m a s____ 1.34 M adison__ — 1.44 Tuscarawas__ 1.47 H ugh es__ __ 1.32 Tripp ______1.32 L ou p ___ __ 1.32 T hurston___ 1.81 Mahoning _— 1.48 Union _____ 1.43 H utchinson_ 1.29 T u rn er_____ 1.29 McPherson _- 1.34 V alley______1.82 M arion___ — 1.44 Van Wert___ 1.41 H y d e------Medina 1.31 U n io n ______1.81 M adison___ _ 1.30 Washington _ 1.83 __ 1.46 V in to n ______1.45 Jackson ____ W alw orth __ Meigs 1.33 1.33 M errick___ _ 1.31 Wayne _____ 1.81 — 1.46 Warren_____ 1.43 Jerauld_____ 1.30 __ 1.41 Washabaugh__ 1.33 Morrill _____ . 1.37 W ebster____ 1.82 M ercer__ _ W ashington_ 1.47 J on es______1.33 Washington_ 1.34 N a n ce______1.31 Wheeler____ 1.31 M iam i__ — 1.42 W a y n e __ ___ 1.46 Monroe 1.48 K ingsbury__ 1.30 Yankton ___ 1.29 N em ah a___ _ 1.34 Y o rk ____ i __ 1.81 W illia m s___ 1.41 L a k e ______Ziebach Montgomery _ 1.42 Wood ______1.43 1.30 1.34 N u ck o lls__ _ 1.32 Law rence M o rg a n __ — 1.46 W ya n d o t___ 1.44 ___ 1.35 Nevada Tennessee All counties. 1.63 Oklahoma A dair______1.45 Le Flore ____ 1.45 A nderson___ 1.57 L auderdale_ 1.48 New Hampshire Bedford ____ 1.55 Law rence___ 1. 54 All counties- 1.65 Alfalfa ______1.41 Lincoln J____ 1.43 Atoka _____ 1.44 L o g a n ______1.42 B e n to n _____ 1.51 L ew is______1.52 New Jersey Beaver ____„ 1.41 Love ______1.43 Bledsoe _____ 1.56 Lincoln __ __ 1.56 Blount ____ All counties 1.67 Beckham __— 1.41 M cC lain____ 1.43 1.59 L o u d o n __ __ 1. 58 Blaine — 1.41 M cCurtaln__ 1.45 Bradley _____ 1.58 M cM inn____ 1.58 New Mexico Cam pbell___ 1.57 McNairy____ 1.51 All counties. 1.62 B r y a n __ __ — 1.44 M cIntosh___ 1.45 Caddo ______1.41 M a jo r______1.41 Cannon _____ 1.55 M acon______1.55 New York Canadian — 1.41 M arshall____ 1.44 Carroll 1.49 Madison____ 1.49 All counties. 1.61 C arter_____— 1.43 M a y es______1.44 Carter______1.59 M arion______1.57 Cherokee— ,__ 1.45 M urray_____ 1.43 C h eath am __ 1.51 Marshall 1.54 North Carolina C hester__ ___ 1.50 M aury______1.53 All counties., 1.57 Choctaw _ „ 1.45 M u sk ogee__ 1.45 Cimarron 1.41 Noble ______1.42 C laib orn e__ 1.58 M e ig s______1.58 North Dakota Cleveland „ 1.42 N ow ata_____ 1.43 Clay ------1. 55 M onroe_____ 1:59 Cocke ______1.59 Montgomery _ 1.51 Adams ____ _ 1.33 M cK en zie__ 1. 33 C oal______1.44 Okfuskee ___ 1.44 Comanche _. 1.41 O klahom a__ 1.42 C offee______1.56 M oore______1.56 B a r n e s____ _ 1.33 M cL ean _____ 1.83 Crockett ____ 1.49 M organ_____ 1.57 Benson ...... _ 1.33 M ercer_____ 1.33 Cotton ____— 1.41 O k m u lgee__ 1.44 C raig______1.43 O sage______1.43 Cumberland _ 1.56 Obion ______1.47 Billings ___ _ 1.33 Norton _____ 1.83 D avid son ___ 1.52 Overton ____ 1.55 Bottineau . 1.33 M ou n trail__ 1.33 Creek _____— 1.43 O tta w a _____ 1.44 C uster______1.41 P aw n ee_____ 1.43 D eca tu r__ __ 1.51 Perry ______1.51 Bowman ____ 1.33 Nelson _____ 1.33 De Kalb_____ 1.55 P ic k e tt_____ 1.55 B u rk e__ _ 1.33 Oliver______1.83 Delaware — 1.45 Payne ______1.43 D ew ey______1.41 P ittsb u rg ___ 1.45 D ick so n ____ 1.51 P o lk ______1.59 B u r le ig h __ - 1.33 P em b in a ___ 1.33 D y e r ______1.48 P u tn a m ____ 1.55 Cass ______1.33 Pierce 1.83 E llis______1.41 Pontotoc ___ 1.43 Cavalier _ Garfield _ _ 1.41 Pottawatomie. 1.43 Fayette ____ 1.49 R h e a ______1.57 _ 1.33 R a m sey ____ 1.83 F en tress____ 1.56 Roane 1.57 Dickey . 1.31 R an som ____ 1.82 G a rv in ___ — 1.43 Pushmataha - 1. 45 Grady _____„ 1.42 Roger M ills_ 1.41 F ra n k lin ___ 1.57 R ob ertson__ 1.52 D iv id e ___ _- 1.33 R en v ille____ 1.33 Gibson ______1.48 Rutherford_ 1.54 Dunn - 1.33 R ich la n d ___ 1.31 Grant _ — 1.41 Rogers______1.44 Eddy _ ... Greer______1.41 S em in o le___ 1.44 G ile s ______1.55 S c o tt______1.67 - 1.33 R o le t te ____ 1.33 G rain ger___ 1.58 Sequatchie_ 1.57 Emmons ____ 1.33 Sargent ____ 1.31 H arm on _ __ 1.41 Sequoyah ___ 1.45 Foster H a rp er___ __ 1.41 Stephens ___ 1.42 G reen e______1.59 S ev ier______1.59 _ 1.33 Sheridan ___ 1.33 Grundy ____ 1.56 S h e lb y __ ___ Golden S io u x ______H ask ell___ „ 1.45 Texas _ 1.41 1.49 1.83 H am b len ___ 1.58 S m ith ______1. 55 Valley - 1.33 Slope _ _ _ 1. 33 H u gh es___ __ 1.44 T illm a n ____ 1.41 Grand Forks . 1.33 Stark ______Jackson _____ 1.41 T u lsa ______1.44 H am ilton___ 1.58 Stewart____ 1. 51 1.33 S u lliv a n Grant _ 1.33 Steele ______1.33 Jefferson __— 1.42 W agoner____ 1.45 H ancock____ 1.58 ____ 1.59 Griggs ------_ 1.33 S tu ts m a n __ Johnston __ 1.44 Washington_ 1.43 H ardem an__ 1. 50 Sumner _____ 1.54 1.33 H a rd in ___ _ Tipton ______Hettinger ___ 1.33 Towner _____ 1.33 K a y ------__ 1.42 W a sh ita __ __ 1.41 1.52 1.48 Kidder _ 1.33 T r a ill______1.33 Kingfisher __ 1.41 Woods ______1.41 H aw kins____ 1.58 Trousdale__ 1.54 La M oure____ 1.33 W alsh ______K iow a_____— 1.41 W oodward__ 1.41 Haywood ___ 1.49 U n icoi____ _ 1.59 1.33 Latimer Logan . 1.33 W a r d ______1.33 __ 1.45 H en d erso n _ 1.50 U n io n ______1.58 H en ry______1.49 Van Buren__ 1.56 McHenry ___- 1.33 Wells __ ___ 1.33 Oregon H ick m a n ___ Warren ______M cIntosh____ 1.83 W illia m s___ 1.33 All counties. 1.51 1.55 1.60 H ou ston __ __ 1.51 Washington _ 1. 59 Ohio P ennsylvania H um phreys_ 1.51 W a y n e _____ 1.53 Adams . 1.44 Columbiana _ 1.48 All counties. 1.56 J a c k so n ____ 1.55 W eakley____ 1.48 Allen _ . _ 1.42 Coshocton__ 1.46 J efferso n ___ 1.58 W h ite ______1.55 R hode I sland J o h n so n ____ 1.59 W illiam son_ 1.53 Ashland _ 1.45 Crawford__ _ 1.44 All counties. 1.65 Ashtabula _ _ 1.48 Cuyahoga __ 1. 47 K n o x ______1.58 Wilson ______1.54 Athens _ _ 1.46 Darke ______1.41 South Carolina L a k e ______1.46 Auglaize All counties. 1. 57 _ 1.42 Defiance ___ 1.41 T exas Belmont _ 1.48 D elaw are___ 1.44 So u th Dakota Brown . - 1.44 Erie 1.45 A nderson___ 1.42 Austin ______1.44 Butler . 1.42 Fairfield__ __ 1.45 Armstrong _.— 1.33 B row n______1.32 Andrew s____ 1.41 B a iley ______1.41 Carroll . _ 1.48 Fayette ____ 1.43 A urora 1.30 ■RriilP , 1.31 A n g elin a ___ 1.44 B andera____ 1.44 Champaign _- 1.43 Franklin ___ 1.44 Beadle ____— 1.29 B u ffalo_____ 1.81 Aransas ____ 1.45 B a str o p ____ 1.44 Clark . _ 1.43 Fulton _____ 1.42 Bennett _ _. 1.83 B u t t e ______1.35 A r ch er_____ 1.42 B aylor______1. 42 C lerm ont__ _ 1.43 G a llia ______1.46 Bon Homme.„ 1.29 C am pbell___ 1.33 Arm strong__ 1.41 Bee ______1. 45 Clinton _ 1.43 Geauga ____ 1.48 Brookings _.-- 1.30 Charles Mix— 1.31 Atascosa ____ 1.45 B e ll______1.42 6166 RULES AND REGULATIONS

Texas—Continued Texas—Continued Wisconsin—Continued Rate per Rate per Rate per Rate per Rate per Rate per County bushel County bushel County bushel County bushel County bushel County bushel Bexar ______$1.45 H enderson__ $1.42 R o b e r ts____ $1.41 Tom G reen_ $1.45 L in c o ln __ __ $1.38 Rusk ______$1.38 Blanco _____ 1.44 H id a lg o ____ 1.45 R obertson__ 1.44 Travis _ 1.44 Manitowoc - __ 1.38 St. C roix__ __ 1.36 Borden _____ 1.41 H il l ______1.42 R ockw all___ 1.42 Trinity 1.44 M arathon_ 1.38 S a u k _____ — 1.38 B o sq u e_____ 1.42 Hockley 1.41 Runnels 1.42 T yler______1.45 M arinette_ 1.38 S a w yer___ 1.38 B o w ie ______1.45 H ood ______1.42 Rusk 1.44 U pshur_____ 1.44 Marquette ___ 1.38 Shawano ___ 1.38 Brazoria ____ 1.45 Hopkins 1.42 S a b in e _____ 1.45 U v a ld e _____ 1.45 Milwaukee ___ 1.38 Sheboygan _... 1.38 Brazos__ _ _ 1.42 H ouston____ 1. 44 San Augustine 1.45 Val Verde__ 1.45 Monroe __ 1.36 Taylor____ 1.38 B riscoe_____ 1.41 Howard 1.41 San Jacinto_ 1.45 Van Zandt _ 1.42 Oconto ___ __ 1.38 Trempealeau _ 1.35 Brooks _____ 1.45 H udspeth___ 1.45 San Patricio _ 1.45 V ictoria____ 1.45 O n eid a ___ __ 1.38 Vernon___ 1.35 B row n______1.42 Hunt 1.42 San Saba ___ 1.42 W alker_____ 1.44 Outagamie _ 1.38 V ila s ______1.38 B u rleso n ___ 1.44 H utchinson_ 1.41 Schleicher__ 1.45 W a lle r _____ 1.45 Ozaukee __ __ 1.38 W alworth___ 1.38 B u r n e t__ ___ 1.42 Irion 1.45 Scurry 1.41 Washington _ 1.44 Pepin ______1.35 Washburn ___ 1.38 C aldw ell____ 1.44 Jack ______1.42 Shackelford _ 1.42 Webb ______1.45 P ie rc e __ •_ __ 1.35 Washington _ 1.38 C alhoun____ 1.45 Jackson 1.45 Shelby 1.45 W h arton ___ 1.45 P o lk ______1.38 Waukesha _ 1.38 C a lla h a n ___ 1.42 Jasper 1.45 S h erm a n ___ 1.41 W heeler____ 1.41 Portage _ __._ 1.38 Waupaca___ 1.38 C am eron___ 1.45 Jefferson ___ 1.45 S m ith ______1.42 Wichita __ — 1.41 P r ic e ______. 1.38 Waushara ___ 1.38 C a m p ______1.44 Jim H ogg___ 1.45 S o m erv ell__ 1.42 Wilbarger___ 1.41 R a c in e ___ . 1.38 Winnebago __ 1.38 C arson _____ 1.41 Jim W e lls __ 1.45 -Starr______1.45 W illacy_____ 1.45 R ic h la n d ___ 1.35 Wood______1.38 Cass ______1.45 Joh n son ____ 1.42 Stephens____ 1.42 W illiam son_ 1.42 R o c k ______1.38 C astro______1.41 S to n e w a ll__ 1.41 W ilso n ______1.45 Jones 1.42 W yoming C h am bers__ 1.45 S u tto n _____ 1.45 W is e ______1.42 K a rn es__ ___ 1.45 All counties. __ 1.37 C herokee___ 1.42 K aufm an___ 1.42 1.41 Wnnrl , V 1.42 C h ild ress___ 1.41 K en d a ll____ 1.44 T a rra n t____ 1.42 Y oakum ____ 1.41 The support rate for corn in farm- Clay ------1.42 Kent 1.41 Taylor______1.42 Y o u n g __ ___ 1.42 storage or warehouse storage (terminal, Cochran____ 1.41 Kerr ______1.44 Terry ______1.41 Zapata _____ 1.45 subterminal or country) will be the rate C o k e______1.42 K im b le_____ 1.44 Throckmorton 1.42 Zavala _ ___ 1.45 established for the county in which the C o lem a n ___ 1.42 K in g ------1.41 Titus ______1.44 C o llin ______1.42 K in n ey_____ 1.45 corn is ^stored, or if delivered under a Collingsworth. 1.41 Utah Kleberg _____ 1.45 All counties... 1. 59 purchase agreement, the support rate es­ C olorad o___ 1.45 K n o x ______1.42 tablished for the approved point of de­ C om al______1.44 L a m a r _____ 1.42 Vermont livery, except that the support rate for C om anche__ 1.42 Lamb 1.41 All counties__ 1.65 corn in Baltimore, Maryland, shall be Concho_____ 1.44 Lampasas___ 1.42 C ook e______1.42 Virginia the support rate established for all coun­ L aSalle_____ 1.45 All counties... 1.57 C oryell_____ 1.42 Lavaca _____ 1. 45 ties in Maryland and the support rate C o ttle ______1.41 Lee ______1.44 Washington for corn in St. Louis, Missouri, shall be C rosb y_____ 1.41 Leon _ ____ 1.44 All counties... 1. 57 the support rate established for St. Louis D a lla m _____ 1.41 Liberty ____ 1.45 County, Missouri. No adjustment will West Virginia D a lla s______1.42 L im eston e__ 1.42 be made from the support rate for Dawson ____ 1.41 Lipscom b___ 1.41 Barbour ____ 1. 58 Mineral 1.58 freight paid in case of rail movement. Deaf S m ith _ 1.41 Live O a k ___ 1.45 Berkeley____ 1. 58 Mingo _ ___ 1.58 Delta ____ _ 1.42 Llano ______1.44 B o o n e______1.58 M onongalia_ 1. 58 Issued this 7th day of October 1949. Denton _____ 1.42 1.41 Braxton ____ 1.58 Monroe Lubbock ____ 1.58 [seal] H arold K. H ill, De W itt_____ 1.45 L y n n ______1.41 Brooke _ _ _ 1.53 Morgan 1.58 D ic k e n s____ 1.41 M cCulloch__ 1.44 C ab ell______1.51 Nicholas ___ 1. 58 • Acting Manager, D im m it____ 1.45 McLennan __ 1. 42 C alhoun____ 1.58 O h io ______1. 53 Commodity Credit Corporation, D o n le y _____ 1.41 M cM ullen__ 1.45 Clay ------1. 58 P en d leto n __ 1. 58 Approved: Duval _ ____ 1.45 Madison _ _ _ 1.44 Doddridge__ 1. 58 Pleasants ___ 1. 52 E a stla n d ___ 1.42 M arion_____ 1. 45 Fayette _____ 1.58 P ocahontas_ 1.58 F rank K. W oolley, Edw ards____ 1.45 M a rtin _•___ 1.41 G ilm er_____ 1.58 Preston 1. 58 Vice President, Ellis ______1.42 M ason______1.44 G ra n t______1.58 Putnam 1. 54 Commodity Credit Corporation. El Paso _____ 1.45 M atagorda__ 1.45 Greenbrier__ 1. 58 Raleigh 1. 58 Erath ______1.42 M averick___ 1.45 Hampshire__ 1.58 R a n d o lp h __ 1. 58 [F. R. Doc. 49-8174; Filed, Oct. 11, 1949; F a lls ______1.42 M edina_____ 1.45 Hancock 1. 53 R itch ie...... 1. 58 8:51 a. m.] F a n n in _____ 1.42 M enard_____ 1.44 Hardy _____ 1. 58 Roane 1. 58 Fayette _____ 1.44 M idland____ 1.45 H a rrison ___ 1. 58 Summers___ 1. 58 F ish er______1.42 Milam 1.42 Jackson 1.52 Taylor______1, 53 TITLE 7— AGRICULTURE F lo y d ___ :__ 1.41 M ills ______1.42 Jefferson __ 1. 58 Tucker _ 1. 58 F o a r d ______1.41 M itch ell____ 1.41 Kanawha ___ 1.58 Tyler 1.53 Chapter IX— Production and Mar­ Fort Bend___ 1.45 M o n ta g u e__ 1.42 L e w is______1. 58 Upshur__ ___ 1.58 keting Administration (Marketing F r a n k lin ___ 1.42 Montgomery _ 1.44 L incoln__ ___ 1. 56 Wayne _ __ 1. 54 F re esto n e __ 1.42 M oore______1.41 Logan ______1. 58 Webster___ 1.58 Agreements and Orders), Depart­ Frio ______1.45 Morris _____ 1. 44 M cD ow ell__ 1. 58 Wetzel 1. 53 ment of Agriculture Oames 1.41 M o tle y _____ 1.41 Marion ____ 1. 58 W ir t_____ l.£ 8 G a lv esto n __ 1.45 Nacogdoches _ 1.44 M arshall____ 1. 53 Wood ...... 1.52 P art 984—H andling of W alnuts G rown G a rz a ______1.41 Navarro 1.42 Mason ______1. 51 W yom ing___ 1.58 in California, O regon, and W ashington Gillespie 1 .4 4 Newton _ 1.45 M ercer_____ 1.58 Goliad _____ 1.45 N o la n ______1.41 SALABLE, SURPLUS, AND WITHHOLDING G o n za les___ 1.45 N u ec es___ 1.45 Wisconsin PERCENTAGES G ra y ______1.41 O ch iltree___ 1.41 Adams _____ 1.38 Eau Claire 1.36 Pursuant to the requirements of § 4 of Grayson _ __ 1.42 O ld h a m ____ 1.41 A sh la n d ____ 1.38 Florence 1.38 G reg g ------1.44 Orange _ __ 1.45 the Administrative Procedure Act (5 Barron _____ 1.38 Fond du Lac _ 1.38 U. S. C. 1001 et seq.), approved June 11, G rim es_____ 1.44 Palo P in to __ 1.42 B a y field ____ 1.38 Forest 1.38 G u ad alu p e_ 1.45 P a n o la _____ 1.45 B row n______1.38 Grant ______1.35 1946, notice of proposed salable, surplus, Hale ______1.41 Parker _____ 1.42 B u ffalo__ ___ 1.35 G re en ______1.38 and withholding percentages of mer­ Hall ______1.41 Parm er_____ 1.41 Burnett ____ 1.38 Green L a k e_ 1.38 chantable walnuts for the marketing H am ilton ___ 1.42 P ecos______1.45 C alum et____ 1.38 Iowa 1.36 year beginning August 1, 1949, was pub­ H ansford___ 1.41 P o lk ______1.45 C h ip p ew a__ 1.36 Iron 1.38 lished in the F ederal R egister (14 F. R. H ardem an_- 1.41 P o tter______1.41 C lark______1.38 J a c k so n ____ 1.36 H a rd in ____ 1.45 5784) issue of September 22, 1949. Such P resid io ____ 1.45 C olum bia___ 1.38 Jefferson____ 1.38 percentages are fixed in accordance with H arris______1.45 R a in s ______1.42 C raw ford___ 1.35 J u n ea u _____ 1.38 Harrison____ 1.45 R a n d a ll____ 1.41 D a n e ______1.38 Kenosha ____ 1.38 the provisions of Marketing Agreement H artley_____ 1.41 Real ______1.45 Dodge ______1.38 K ew au n ee__ 1.38 No. 105 and Order No. 84 regulating the H askell_____ 1.42 Red River ___ 1.44 Door ______1.38 La C rosse___ 1.35 handling of walnuts grown in California, H a y s______1.44 Reeves _____ 1.45 Douglas 1.38 Lafayette ___ 1.36 Oregon, and Washington <1 CFR 984.1 H em p h ill___ 1.41 R e fu g io ____ 1.45 D u n n ______1.36 L an glad e___ 1.38 et seq.), effective under the Agricultural Wednesday, October 12, 1949 FEDERAL REGISTER 6167 Marketing Agreement Act of 1937, as [Pecan Reg. 1] latlons will not require of handlers any amended (7 U. S. C. 601 et seq.). In said P art 994—H andling of P ecans G rown in special preparation therefor which can­ notice, opportunity was afforded inter­ G eorgia, Alabama, F lorida, Mississippi, not be completed by such date. ested parties to submit to the Director, and South Carolina Order. The following provisions of Fruit and Vegetable Branch, Production § 994.4 (c) of the marketing agreement and Marketing Administration, Depart­ EFFECTIVE DATE OF INITIAL GRADE AND SIZE and order (7 CFR, Part 994,14 F. R. 5737, ment of Agriculture, South Building, REGULATIONS 5865) shall become effective at 12:01 Washington, D. C., written data, views, Findings. (1) Pursuant to Marketing a, m., e. s. t., October 20,1949: “no person or arguments for consideration prior to .Agreement No. I ll and Order No. 94 (14 shall handle, except as provided in § 994.4 the final issuance of such salable, sur­ F. R. 5737, 5865), regulating the han­ (e), any unshelled pecans (1) unless such plus, and withholding percentages. The dling of pecans grown in Georgia, Ala­ pecans meet the requirements of the U. S. time for filing such written data, views, bama, Florida, Mississippi, and South Commercial grade, as such grade is de­ or arguments has now expired. Carolina, effective under the applicable fined in the United States Standards for In the aforementioned notice, eco­ provisions of the Agricultural Marketing Unshelled Pecans (14 F. R. 2543, 2608), nomic data and estimations were set Agreement Act of 1937, as amended, and and (2) unless they have a count, per forth which supported the proposed sal­ upon the basis of the recommendations pound, of less than 91 nuts, and the 10 able, surplus, and withholding percent­ of the Pecan Administrative Committee, smallest nuts in a representative 100-nut ages of 70,30 and 43 respectively. Subse­ established under the aforesaid market­ sample weigh at least 1.5 ounces.” quent reports received from the Walnut ing agreement and order, and other All terms used 'herein shall have Control Board, the administrative agency available information (including the the same meaning as when used in said for operations under this program, con­ recommendations of the Handlers Ad­ marketing agreement and order. firm and substantiate the desirability of visory Council, also established under those percentages set forth in the pro­ such marketing agreement and order), (48 Stat. 31, as amended; 7 U. S. C. 601 posed rule. Consideration has been given it is hereby found that the specification et seq.; 7 CFR Part 994; 14 F. R. 5737, to such subsequent reports, recommen­ of October 20, 1949, as the effective date 5865) dations and other pertinent data, and it of the initial grade and size regulations, Done at Washington, D. C. this 7th day is concluded that the rule as set forth that are set forth in § 994.4 (c) of said of October 1949. in the notice of hearing should be marketing agreement and order, will [seal] S. R. S m it h , adopted. Wherefore, the salable, sur­ tend to effectuate the declared policy of plus and withholding percentages for Director, the act. Fruit and Vegetable Branch. merchantable walnuts during the mar­ (2) It is hereby found that it is im­ keting year beginning August 1,1949, are practicable and contrary to the public [F. R. Doc. 49-8155; Filed, Oct. 11, 1949; hereby fixed as follows: interest to give preliminary notice, en­ 8:47- a. m.] § 984.201 Salable, surplus, and with- gage in public rule making procedure, holding percentages for merchantable and postpone the effective date of the walnuts during the 1949-50 marketing aforesaid initial grade and size regula­ TITLE 15— COMMERCE AND year. For merchantable walnuts, during tions until 30 days after publication here­ FOREIGN TRADE the marketing year beginning August 1, of in the F ederal R egister (60 Stat. 237 ; 1949, the salable percentage shall be 70 5 U. S. C. 1001 et seq.) in that, as herein­ Chapter III— Bureau af Foreign and percent, the surplus percentage shall be after set forth, the time intervening be­ Domestic Commerce, Department 30 percent, and the withholding percent­ tween the date when information upon age shall be 43 percent. which the provisions hereof are based of Commerce It is hereby further foiind that it is became available and the time when such Subchapter C— Office of International Trade necessary to make effective not later provisions must become effective in order than the date of publication of this docu­ to effectuate the declared policy of the act [4th Gen. Rev. of Export Regs., Amdt. 45] ment in the F ederal R egister these sal­ is insufficient; a reasonable time is per­ able, surplus, and withholding percent­ mitted, under the circumstances, for P art 372—P rovisions for I ndividual and ages with respect to merchantable wal­ preparation* for such effective time; and Other Validated Licenses nuts for the reason that shipment of the good cause exists for making the afore­ EXPORTATIONS REQUIRING LICENSE AND current crop of such walnuts has al­ said initial grade and size regulations APPLICATIONS FOR LICENSES ready begun, and it is necessary to have effective not later than October 20, 1949. these percentages fixed as near the be­ At the initial meetings, held on Septem­ 1. Section 372.1 Applicability and ginning of the marketing year as is prac­ ber 28 and 29,1949, of the Pecan Admin­ general provisions is amended in the fol­ ticable in order to regulate such ship­ istrative Committee and the Handlers lowing particulars: ments effectively. No preparation for Advisory Council, October 20, 1949, was Paragraph (c) Exportations requiring this regulation is required which cannot recommended as the earliest effective license is amended to read as follows : be completed prior to this effective date. date of the aforesaid initial grade and (c) Exportations requiring license. Therefore, good cause exists for not de­ size regulations; and the recommenda­ The commodities included on the Posi­ laying the effective date of these regula­ tions and supporting information were tive List of Commodities (§ 399.1 of this tory requirements beyond the date of thereafter promptly submitted to the De­ chapter) may not be exported to foreign publication of this document in the F ed­ partment. Shipments of unshelled pe­ destinations other than Canada (includ­ eral R egister (see section 4 (c) of the cans of the current crop are expected to ing Newfoundland and Labrador) except begin on or about October 20, 1949, and pursuant to general, individual, or other Administrative Procedure Act; 5 U. S. C. increase in volume almost immediately 1001 et seq.). type of license granted or issued upon thereafter; and it is necessary, in order application or established by the Depart­ (48 Stat. 31, as amended; 7 U. S. C. 601 to effectuate the declared policy of the ment of Commerce. et seq.) act, so to fix the aforesaid effective time No exportation of any commodity (R as to make the initial grade and size Issued at Washington, D. C., this 7th or RO) included on the Positive List of regulations applicable to such volume Commodities may be made to any des­ day of October 1949, to become effective shipments. October 20,1949, is the earli­ at 12:01 a. m., P. s. t., on the date of pub­ tination in Country Group R, as listed est date by which the Committee could in §371.3 (a), of this chapter and no lication of this document in the F ederal reasonably be expected to complete its R egister. exportation of any RO Commodity may present preparations in order adequately be made to any destination in Country [seal] S. R. Sm ith, to perform its functions under the pro­ Group O, unless and until a validated Director, Fruit and Vegetable gram; and such action should be con­ license therefor has been granted or is­ Branch, Production and Mar­ clude.! prior to the effective date of the sued upon application by the Department keting Administration. initial grade and size regulations. Com­ of Commerce, except where authorized by [F. R. Doc. 49-8156; Filed, Oct. 11, 1949; pliance on and after October 20, 1949, the provisions of an established general 8:47 a. m.] with the provisions of the aforesaid regu- license as set forth in Part 371 of this 6168 RULES AND REGULATIONS chapter or under other provisions per­ cant; if, on the other hand, he does not as­ wise specifically provided by the other mitting the exportation without license. sume such responsibility, he is not a proper provisions of Parts 370 to 399 of this applicant. 2. Section 372.2 Applications for li­ If the seller intends to leave the responsi­ chapter. censes is amended to read as follows: bility for effecting exportation in the hands (c) Single applications for related of the foreign importer or the latter’s for­ commodities. (1) A single application § 372.2 Applications for licenses—(a) warding or purchasing agent in the United for an individual license may include a Who may apply. License applications States, he should not apply for the license group of related commodities. Related may be made by any person subject to the or appear as exporter; but, in such case, the commodities are commodities which jurisdiction of the United States, who is forwarding or purchasing agent should ap­ have the same processing code symbol in fact the exporter, or by his duly au­ pear as applicant and exporter unless the for­ and the same number following such eign importer himself is subject to the juris­ thorized agent. diction of the United ¡^States at the time of symbol on the Positive List of Commodi­ Noth: Applications may be made by a cor­ exportation, in which case the latter should ties (§ 399.1 of this chapter). Unless the poration, a partnership, or an individual who apply for the license in his own name. If processing code symbol is followed by a is in fact the exporter. No application of any any forwarding or purchasing agent applies number, the commodity is excluded from person not subject to the jurisdiction of the for a license, he must disclose the name of any related commodity grouping. United States will be considered unless such his principal. (2) RO commodities may not be in- application is made on his behalf by an au­ (2) Ultimate consignee. The person lo­ cl ided on the same application with R thorized agent in the United States. Any cated abroad who is the true party in inter­ attempt to export commodities differing in est in actually receiving the exportation for commodities. any way from those licensed, or any altera­ the designated end use must be named as (3) The application may be approved tion of a license, except by a duly authorized the ultimate consignee. In all cases, the ad­ in whole or in part. Upon specific re­ officer of the Government, is punishable un­ dress of the ultimate consignee must be in quest, stated on the application form, der appropriate acts of Congress. The appli­ the country of destination specified for the the application will be considered as a cant to whom the license is issued becomes proposed exportation. A bank, freight for­ whole, and either approved or rejected the licensee and will be held strictly account­ warder, forwarding agent, or other interme­ in its entirety. able for use of the license. diary is not acceptable as the ultimate con­ signee. (4) Additional sheets listing related I nterpretive Statement R egarding Ap p l i­ commodities must be attached securely cants, Licensees, and P arties (3) Intermediate consignee. The bank, forwarding agent, or other intermediary (if to the application form. PARTIES IN INTEREST any) who participates in a foreign country (d) Applications; general provisions. The policies of export control require the as an agent for the exporter, the purchaser The following general provisions shall fullest disclosure by the applicant of all or the ultimate consignee, for the purpose of govern all applications for export li­ parties in interest in order that decisions on effecting delivery of the exportation to the censes : applications may be made with the fullest ultimate consignee must be named as inter­ The applicant must state, among other knowledge of all relevant facts and that the mediate consignee on the application, if things, for each item listed, (1) the identity and whereabouts of the persons who known, and in any event on the shipper’s export declaration before clearance of the quantity to be shipped, (2) a description know most about the transaction may be in sufficient detail to permit accurate easily ascertained in the event of inquiry. shipment. (4) Purchaser. The person abroad who identification, including its Schedule B Applications for Licenses has entered into the export transaction with number and (3) the total selling price the applicant to purchase the articles or ma­ of the item and its price per unit. (For There must be shown in applications for terials for delivery to the ultimate consignee licenses all parties who are concerned in the full details on filling out export license proposed exportation, participating on their must be named as the purchaser. A bank, applications, see § 372.7 and following freight fprwarder, forwarding agent, or other own account—the licensee as exporter, the note.) intermediary is not acceptable as the pur­ ultimate consignee as the person in the coun­ chaser. try of ultimate destination who is to receive No t e : Applications for licenses to export the exportation for the designated end use, Responsibility of Licensee- RO commodities appearing on the Positive the intermediate consignee as the person who List must show the appropriate processing Any person obtaining a license thereby as­ code for each commodity listed, followed by receives the commodities for delivery to the sumes responsibility for actually effecting the ultimate consignee, and the purchaser as the a dash and the letters “RO”. Applications exportation, for proper use of the license, for licenses to export R commodities must person abroad who has entered into the ex­ and for due performance of all of its terms port transaction with the applicant to pur­ show the appropriate processing code for each and conditions. Ordinarily,. therefore, a commodity listed, followed by a dash and the chase the articles or materials for delivery seller who delivers commodities in this coun­ letter “R”. to the ultimate consignee. The truè parties try to a foreign buyer or to the latter’s for­ in interest as known to the applicant must warder or other agent would not be in a (e) Partial or periodic shipments. be disclosed. position to assume such responsibility and so Where partial or periodic shipments of It is realized that there may be cases in would not be a proper applicant. an identical commodity are to be made which more than one person in a transaction This would normally be the situation by the applicant to the same consignee may fa,irly be described as being a principal. where the sale is made f. o. b. factory, al­ However, in such cases, the application though it is recognized that such terms of in a foreign country, an application may should be accompanied by a statement giv­ sale may relate only to price and_ are not be filed covering the entire quantity of ing the names and addresses of such other necessarily inconsistent with the assumption commodities to be so exported. persons and their roles in the transaction in by the seller of full responsibility for effect­ (f) Second applications. A second ap­ question. Where there is any doubt as to ing the exportation. plication covering the same proposed which of several persons should be named exportation shall not be submitted pend­ as the party to the license, the applicant Legal Liability for Violations ing action on the first application. should disclose the names of all and the Insofar as legal liability for any violation functions to be performed by each. For this of the export control law and regulations is No te: When an application has been re­ purpose, a separate statement attached to concerned, every person who in any capacity turned without action to the applicant and the application will be acceptable. participates in fact in an exportation know­ is being resubmitted, a new application The note following § 372.7 contains de­ ing it to be unauthorized may be held to ac­ should not be filled out unless the necessary tailed instructions for preparing applications count, whether or not he appears as the for­ alterations on the old application would be for licenses (Form IT-419), including provi­ mal applicant for the export license. In too difficult to make or illegible. In those sions for identifying the persons participat­ any given transaction, for example, who­ ing in a transaction. instances where a new application is sub­ ever, whether acting as principal (seller or mitted, the original OIT case number should (1) Applicant; licensee. The applicant for buyer) or as agent for the seller or buyer, a license should be that person who, as the be typed or written in ink on the new applica­ such as a freight forwarder, purchasing tion in item 4 (b) of Form IT-419. When a principal party in interest in the transaction agent for a foreign buyer, broker, or any of exportation, has the power and responsi­ employee of such persons, knowingly facili­ new application is submitted, the original bility to determine and control the sending tates an unlawful exportation may be held application must be attached to the new of the goods out of the country and is thus accountable as though he were the exporter. application. in reality the exporter. For this purpose, it When an export license application has is the identity of the applicant, and his role (b) Separate applications for each been returned without action with instruc­ in the transaction, and not the terms of sale, commodity. A separate and complete tions that it is not to be resubmitted until a in which the Office of International Trade is later date, the resubmission of the applica­ primarily concerned. If, in a given transac­ application must be submitted for each tion must be in accordance with the require­ tion, he has the responsibility for effecting commodity to each consignee in each ments existing at the later date for the exportation, such person is a proper applf- country of destination except as other­ submission of a new application. Wednesday, October 12, 1949 FEDERAL REGISTER 6169 (Pub. Law 11,81st Cong.; E. 0 . 9630, Sept. exporter in fact is not subject to the juris­ Item 9 (a ): Quantity to be shipped. Enter 27, 1945, 10 P. R. 12245; E. O. 9919, Jan. diction of the United States and the applica­ the total number of units of the material tion is being filed in his behalf by his author­ to be exported, using the unit of quantity 3, 1948, 13 F. R. 59) ized agent in the United States. (See shown in the Positive List of Commodities This amendment shall become effec­ §372.2 (a).) (§399.1 of this chapter), and also in trade tive September 30, 1949. Item 2: Date of application. Enter the units, where different; where no unit of quan­ date of the application. tity is shown, show the unit commonly used Dated: September 28, 1949. Item 3: Country of ultimate destination. in the trade. (Variations in the net quan­ The country of final destination is to be en­ tity specified are permitted only within the Loring K. M acy, tered, not a country through which the ex­ tolerance lim its described in § 372.5.) Assistant Director, portation may travel in transit to its final Item 9 (b): Commodity description. De­ Office of International Trade. destination. This destination must be the scribe the articles or materials in terms [F. R. Doc. 49-8163; Filed, Oct. 11, 1949; same as that shown as the address of the ulti­ which correspond with the commodity de­ 8:48 a. m.] mate consignee in Item 8 (a). (See § 372.2 scriptions shown for them in Schedule B. (a) and §§ 381.1 (b), 381.4 of this chapter.) Furnish additional details to the extent nec­ Item 4 (a): Applicant’s reference number. essary for identification of the specific items This item is for applicant’s use for identify­ classified under a particular Schedule B num­ ing the application §,nd material concerning ber on the Positive List. (Include composi­ [4 Gen. Rev. of Export Regs., Amdt. 46] it in his files. If a reference number is used, tion, type, size, gauge, grade, horsepower, P art 372—P rovisions for I ndividual and it should appear on Form IT-116 and all etc., where applicable; show brand or trade O ther Validated Licenses documents which accompany the applica­ names, catalog numbers, or other trade char­ tion. If applicant has no reference number, acteristics which will aid in exact identifica­ FILING OF APPLICATION FOR EXPORT LICENSE he may leave this space blank. tion of the commodities.) If there are rea­ Item 4 (b): Previous OIT case number. sons or specifications which make the com­ Part 372, Provisions for Individual and This item should be answered only when a modities unusable or unsalable in the United Other Validated Licenses, is amended in previous application covering the same trans­ States, so state. the following particulars: action has been returned without action or The foregoing general provisions regarding rejected, and a new application form is being commodity descriptions are modified and Section 372.7 How to file an applica­ submitted. (See § 372.2 (f) and § 383.1 (f) supplemented by special provisions governing tion for export license, including the note of this chapter.) applications covering certain stated commod­ following this section, is amended to read Item 5: Import license or authorization ities. (See Part 373 of this chapter.) as follows: number. Answer this item only when spe­ Item 9 (c): Schedule B number, processing cifically required by current regulations. code, and related commodity group. Enter § 372.7 How to file an application for (See index for commodity and destination the Schedule B number for each commodity, export license. Application for a license named in application.) as shown on the Positive List of Commodi­ shall be made on the form or forms and Item 6: ECA authorization. If the expor­ ties; also the processing code and related in the manner prescribed by the Depart­ tation is to be made under the European Re­ commodity group number (the numeral fol­ ment of Commerce. All terms, condi­ covery Program, enter the number and sym­ lowing the processing code), if any. (The tions provisions, a n d instructions, bol of the procurement or loan authorization processing code (and related commodity under which foreign purchaser is importing. group number, if any) should be followed including the applicant’s certificate, con­ If such number and symbol are unknown or by a dash and the letters “RO” if the com­ tained in such form or forms are hereby not assigned at the time application is filed, modity to be exported is an “RO” commod­ incorporated as a part of the regulations state “unknown,” or “not yet assigned.” ity; if an "R” commodity, the letter “R” in Parts 370 to 399 of this chapter, The Item 7: Name of principal. If the appli­ should be shown. A separate application return post card furnished with each ap­ cant named in Item 1 is acting as an agent must be filed for each entry on the Positive plication must be filled in and submitted for the true exporter who is not subject to the List except for two or more entries having to the Department of Commerce with .jurisdiction of the United States, enter the the same processing code and related com­ the application. name and address of the principal for whose modity group number (See § 372.2 (b) and account the exportation is to be made. (c); also § 399.1,, General Notes to Appendix Note. 1. Application forms. Applications Describe the facts of {he case, using a sepa­ A, paragraph (f) of this chapter.) for validated licenses must be submitted on rate sheet if more space is necessary. (See Item 9 (d): Selling price and point of de­ Form IT-419 (revised August 1949), Applica­ § 372.2 (a).) livery. Enter the total price to be received tion for Export License, accompanied by Form Item 8 (a): Ultimate consignee in foreign for each commodity shown on the applica­ IT-116 (revised August 1949), Acknowledg­ country. Enter the name and address of the tion, specifying the particular form of quota­ ment Card. An application is incomplete and firm or person who is actually to receive the tion, such as f. o. b. (factory, f. a. s. (named will be returned to the applicant unless ac­ articles or materials for the end use set port)), etc., and naming the point of delivery. companied by the acknowledgment card. forth in Item 10. If such firm or person is The unit price should also be shown except Application forms IT-419 and IT-116 may not also the purchaser, the name of the where a large variety of products within a be obtained from the Office of International purchaser should not be entered in this single Schedule B classification makes the Trade, Washington 25, D. C., and from all space but should appear in Item 8 (c). The break-down impracticable. In such cases, field offices of the Department of Commerce. address shown for the ultimate consignee only the total price need be shown, but the Exporters may print facsimiles of Form must be the same country as the final des­ applicant must be prepared, upon request of IT-419 with printed answers to many of the tination (Item 3). Do not enter the name the Office of International Trade, to submit questions, provided the facsimiles are identi­ of a forwarding agent, freight forwarder, or a detailed statement of .unit selling prices. cal with the official form in size, ink color, other intermediate consignee in this space. For applications covering certain RO com­ and typographic arrangement. (See § 372.2 (a ).) modities on the Positive List, the price stated 2. Preparation of Form IT-419. The fol­ Item 8 (b): Intermediate consignee in for­ must be the export contract price, and the lowing instructions apply to the preparation eign country. Enter the name and address point of delivery must be clearly indicated. of applications for all types of validated ex­ of the bank, forwarding agent, freight for­ Where normal trade practices for a given port licenses issued by the Department of warder, or other intermediary, if any, in a commodity make it impracticable to estab­ Commerce, except as modified by special li­ foreign country who is to act as an agent lish a firm contract price, the precise terms censing procedures and provisions contained of either the exporter, the ultimate con­ upon which the price is to be ascertained in Parts 372 through 377 of this chapter. signee, or the purchaser, in effecting delivery and from which the contract price may be (The half-title pages to these parts, as well of the exportation to the ultimate consignee. objectively determined must be stated. Do as the index, should be consulted for infor­ If no intermediary is to be used, applicant not use general statements such as “market mation relative to special licensing proce­ should state "none”; or if same as ultimate dures and provisions.) consignee, “same.” If an intermediate con­ price at time or delivery or shipment.” (See A separate application must be filed for signee will be used but is unknown at the § 373.1 (a) of this chapter.) each entry on the Positive List, except when time the application is filed, state “unknown.’’ Item 10: End use. Intended end use, an two or more entries have the same processing (If, after a license is granted, an intermediate important factor in determining issuance of code and related commodity group number. consignee is used, his name and address must a license, must be fully and explicitly set (See § 372.2 (b) and (c).) be disclosed on the shipper’s export decla­ forth in this item. Select from the follow­ Applications should be typewritten, but ration before shipment is made.) (See ing general statements of end use the one(s) will be accepted if written legibly in ink. § 372.2 (a>.) which apply to the proposed exportation, en­ Only the original (green ink) copy need be Item 8 (c ): Purchaser in foreign country. tering in Item 10 the letter(s) which corre­ submitted. The duplicate (applicant’s file Enter the name and address of the firm or spond with the statement(s): copy) may be retained by the applicant. person abroad who has entered into the Item. 1: Name of applicant (Exporter). transaction with the applicant to purchase (a) For purchaser’s own use. Enter the name and address of the corpora­ the articles or materials for delivery to the (b) For resale in the open market or for tion, partnership, or individual who is in fact ultimate consignee. If such firm or person conversion into goods to be so marketed, the exporter. The name of an agent for the Is the same as the ultimate consignee, state stating what will be produced or manufac­ applicant may not be shown except when the “same.” (See § 372.2 (a).) tured. No. 197------2 6170 RULES AND REGULATIONS

(c) For a service to be rendered, indicat­ 4. Assembly and submission of applications. This amendment shall become, ef­ ing how the item(s) described will be used All documents or correspondence accompany­ fective September 30, 1949 except that in the service. ing the license application, bearing the ap­ (d) For new construction or expansion. plicant’s reference number, if any, should be Forms IT-419 and IT-116, previously in (e) For maintenance, repair, or operation firmly stapled together in the upper left-hand use, may continue to be iised through of existing facilities. corner. October 31, 1949, and on and after No­ (f) To enable the purchaser to produce Form IT-116 (revised), typed side up, vember 1, 1949 the use of Form IT-419, and export needed materials. should be attached with a paper clip (not as revised August 1949, and Form IT-116, (g) To be reexported, and, if so, to what stapled) to the upper left-hand corner of as revised August 1949, shall become country. Form IT-419 (revised). The two portions mandatory. (h) To fill a specific need endorsed as of of Form IT-116 should not be separated. high priority by the government "of the reT Applications should be submitted (pref­ Dated: September 28, 1949. ceiving country, stating the need and the erably by mail) to the Office of International L oring M acy, nature of the endorsement. Trade, Washington 25, D. C. K. (i) Other (specify). Applications which are unsigned, or which Assistant Director, The general statement(s) corresponding omit essential information, will be returned Office of International Trade. with the letters entered in Item 10 should be without action. [F. R. Doc. 49-8162; Filed, Oct. 11, 1949; supplemented with a detailed description of 5. Inquiries and correspondence. Every 8:48 a. m.] the specific use of the proposed exportation effort is made to examine applications and and its ultimate significance in the economy advise applicants of action in the shortest of the country of destination. The applicant time. Applicants should allow a period of should state what will be produced or manu­ three weeks after receipt of returned ac­ TITLE 20— EMPLOYEES’ factured, the nature of the service to be ren­ knowledgment card, Form IT-116, before in­ BENEFITS dered, and the urgency of the need of the quiring as to progress of an application. materials to be exported in accomplishing Certain types of applications require more Chapter III— Bureau of Old Age and the stated purpose. The particular industry, time for necessary examination and consid­ Survivors Insurance, Social Security mine, shipyard, etc., where the end use will eration. be accomplished should be identified. Requests for information concerning the Administration, Federal Security Item 11: Availability of material to be ex­ application of regulations to specific fact sit­ Agency ported. Only applicable parts of Item 11 uations, the status of delayed cases, or any need be answered. For example, a producer other inquiry concerning export license ap­ [Regs. 3, Arndt.] or manufacturer of the materials to be ex­ plications should be addressed to the Ex­ porters’ Service Section, Office of Interna­ P art 403—F ederal O ld-A ge and ported need answer only part (a). A non­ S urvivors I nsurance producer should answer such parts of this tional Trade, Department . of Commerce, item as will indicate the exact status of his Washington 25, D. C. Such communications REOPENING OF DETERMINATIONS AND procurement of the commodities to be ex­ should not be attached to an application for DECISIONS ported, giving the name of his supplier and license but should be mailed in a separate the approximate delivery date. Licenses to envelope. Memoranda attached to license Regulations No. 3, as amended (20 export certain commodities will be granted applications should be limited to informa­ CFR, 1947 Sup., 403.1 et seq.), are further only when answers to this item indicate that tional data relating to those applications and amended by adding to Subpart G of Part the commodities are actually available to the should not include inquiries requiring indi­ 403 the following: applicant from the named supplier within vidual reply. the date covered by the validity period Of the When inquiries are made concerning the Appendix—Statement of G eneral P olicy and license. (See Part 373 of this chapter.) status of applications, the following refer­ I nterpretation ence information is required: Item 12: Addressee to whom license is to With respect to the reopening of initial be sent. If the applicant wishes the license, (a) Name of applicant. (b) Case number assigned on return post­ determinations, including informal disal­ if issued, to be sent to an agent, to whom he lowances of a request for benefits or a lump has delegated authority to receive and sign card. (c) Date of application. sum, and decisions of a referee or of the the license, the name and address of such Appeals Council, the following statement of agent should be entered in this item. (See (d) Country of destination. (e) Name of consignee (if required). general policy and interpretation is adopted; Part 379; also § 381.3 of this chapter.) (1) Finality of determinations and deci­ Item 13: Signature. The name of the ap­ (f) Name, quantity and value of com­ modity shown on application. (Specific in­ sions. An initial determination of the Bu­ plicant, as it appears in Item 1, must be reau, including an informal disallowance of entered on the designated line to the left. formation is essential for identification.) (g) Schedule B number. a request for benefits or a lump sum, or a The signature of the applicant, or his officer decision of a referee or of the Appeals Coun­ or duly authorized agent, must appear in ink (h) Processing code. Information as to the probable action of cil shall be final and binding upon the par­ on the center line as indicated. The name ties thereto except that such determination, and title of the person who signs must be the Office of International Trade respecting a proposed shipment or a hypothetical license disallowance or decision may be reopened typed or printed legibly on the designated (a) Within six months from the date of line to the right. application will not be given. It will be nec­ essary in all cases to submit an application the notice to the party to the initial determi­ Unsigned applications will be returned to nation (§403.706 (b)) or informal disallow­ the applicant without action. together with pertinent information in or­ der to obtain a decision. ance, of such determination or disallowance, 3. Preparation of Form IT-116. An ac­ or knowledgment card, Form IT-116 (revised), A supporting letter should give additional information only for the application to which (b) After such 6-month period, but within with both portions completely and correctly four years after the date of the notice to filled out, must accompany each license it is attached. 6. Telegraphic service for licensees, others. the party to the initial determination application. (§ 403.706 (b ) ) or informal disallowance of This card must be made out in the name of Applicants for export licenses should allow a period of 21 days after receipt of an ac­ such determination or disallowance, upon a the applicant, as shown in Item 1 of Form finding of good cause for reopening such de­ IT-419 (revised). Upon receipt of the appli­ knowledgment card before making tele­ cation, the Oflicer of International Trade will graphic inquiries regarding such documents. termination, disallowance, or decision, or (c) At any time when it appears that enter on the card the case number assigned In cases of emergency, the Office of Interna­ to the application, detaching and returning tional Trade will authorize export clearance (1) Such initial determination, disallow­ to the applicant the return portion (appli­ by telegraph or telephone where an export ance or decision was procured by fraud or license has not yet been received by the ap­ similar fault of the claimant or some other cant’s copy). person; or If the application is submitted by an agent, plicant. or if the applicant wishes an agent to receive Where a licensee or applicant for an export (ii) An adverse claim has been filed against an acknowledgment card, the upper portion license requests a telegraphic reply, and the same wage earner’s account; or only (applicant’s copy) of an additional ac­ such telegram is to be paid for by the ap­ (iii) An individual previously determined knowledgment card may be filled out in the plicant, the complete address of such person to be dead is found to be alive; or name of the agent and submitted with the or company, including name, street, city, (iv) The Railroad Retirement Board, pur­ application. postal zone number, and State, must be in-"* suant to the Railroad Retirement Act, has The date of application, applicant’s ref­ eluded with the request. This Will expedite awarded duplicate benefits on the same wage erence number (if any), country of destina­ the servicing of these requests through tele­ account. tion, Schedule B number, and processing code graph companies and the Post Office Depart­ (2) Finality of initial determinations or (and related commodity group number, if ment, from which many complaints of in­ decisions on revision of wage records. Not­ complete addresses have been received. any) must be the same as the corresponding withstanding the provisions iii paragraph 1, an initial determination or a decision on a entries on Form IT—419 (revised). Only a (Pub. Law 11, 81st Cong.; E. O. 9630, revision of a wage record (see § 403.706 (a) brief commodity description is required to Sept. 27, 1945, 10 P. R. 12245; E. O. 9919, (5)) may be reopened at any time within be shown on Form IT-116. Jan. 3, 1948, 13 P. R. 59) the period provided for by § 403.703 (f) or Wednesday, October 12, 1949 FEDERAL REGISTER 6171 16. If it has been or is to be so distributed, within six months after the date of notice to TITLE 21— FOOD AND DRUGS the party to the initial determination, which­ a statement of why it is deemed necessary to ever is the later, except that Buch determina­ Chapter I— Food and Drug Adminis­ distribute such food in other States. tion or decision may be reopened at any tration, Federal Security Agency The Administrator may require the time (a) under the conditions specified in applicant to furnish such additional in­ § 403.703, or (b) if 6uch determination or P art 3— S tatements op G eneral P olicy formation as he deems necessary for his decision was procured by fraud or misrepre­ or I nterpretation sentation. action on the application. (3) Finality of findings in a claim for ben­ EXPERIMENTAL SHIPMENTS OF FOOD THAT If the Administrator concludes that efits with respect to other claims on the DOES NOT COMPLY WITH STANDARDS the ingredient to be added is harmless, same wage record. Findings of fact in a may serve a useful purpose, and will not claim for benefits or a lump sum may be Pursuant to section 3 of the Adminis­ result in failure of the food to conform revised in deciding another claim for benefits trative Procedure Act (60 Stat. 237, 238; to any provision of the act except section or lump sum filed on the same wage record, 5 U. S. C. 1002), the following statement 403 (g), he may issue a permit to the even though such former claim for benefits of policy is issued: or lump sum may not be revised because of applicant covering the^ interstate ship­ the provisions of paragraph (1), except that § 3.12 Temporary permits to include ment of such food containing such in­ a finding in connection with a claim that an new ingredients in standardized foods. gredient. The terms and conditions of individual was a fully or currently insured The Federal Security Agency recognizes the permit shall be those set forth in the individual at the time he filed his applica­ that appropriate investigations of poten­ application with such modifications, re­ tion or at the time of his death may be re­ tial advances in food technology some­ strictions, or qualifications as the Admin­ vised only under the conditions specified in istrator may deem necessary and state in paragraph (1). times require tests in interstate markets (4) Imposition of deductions. The im ­ of the usefulness and consumer accep­ the permit. position of deductions constitutes an initial tance of new ingredients in foods for The terms and conditions of the per­ determination with respect to each month which definitions and standards of iden­ mit may be modified by the Administra­ for which a deduction is imposed. A finding tity have been prescribed under section tor in his discretion or upon application that a deduction is not to be imposed is an 401 pf the Federal Food, Drug, and Cos­ of the permittee during the effective initial determination for each month with metic Act. period of the permit. respect to which the circumstances upon It is the purpose of this Agency to per­ The Administrator may revoke a. per­ which such finding was based remain mit if he finds (1) that the permittee has unchanged. mit such tests where they are necessary (5) Definitions, (a) “Good cause” shall be to the completion or conclusiveness of introduced a food into interstate com­ deemed to exist where the investigation and where the inter­ merce contrary to the terms and condi­ (i) New and material evidence is furnished ests of consumers are adequately safe­ tions of the permit, or (2) that the appli­ after notice to the party to the initial deter­ guarded. This Agency will therefore re­ cation for a permit contains an untrue mination or informal disallowance; frain from recommending regulatory statement of a material fact, or (3) that (ii) A clerical error has been made in the proceedings under the act on the charge the need therefor no longer exists. computation of benefits; that a food contains an ingredient not During the period within which any (iii) There is an error as to such determi­ permitted by an applicable standard, if permit is effective, the Agency will deem nation or decision on the face of the evidence it to be included within the terms of any on which determination or decision is based; the person who introduces or causes the (iv) An individual’s failure to pursue the introduction of the food into interstate guaranty or undertaking otherwise effec­ rights afforded by these regulations or file commerce holds a permit from the Fed­ tive pursuant to the provisions of section a formal application was due to circumstances eral Security Administrator for the use 303 (c) of the act. beyond his control. of the new ingredient in such food and Information contained in applications “Good cause” shall be deemed not to exist the permit is in effect at the time of such will be held confidential unless and until where the sole basis for reopening the deter­ introduction. publicly revealed by the applicant. The mination or decision is a change of a ruling Any person desiring a permit may file fact that a permit has issued or is in or legal precedent upon which such determi­ effect will also be held confidential. nation or decision was made. with the Administrator a written appli­ (b) The term “informal disallowance” cation in triplicate containing as part (Sec. 701, 52 Stat. 1055; 21 U. S. C. 371) thereof the following: means the disallowance of a request made by Dated: October 5, 1949. an individual, orally or in writing, for bene­ ' 1. Name and address of the applicant. fits or a lump sum payment (see § 403.701 (k) ) 2. A statem ent of whether or not the appli­ [ seal] J ohn L. T hurston, where (i) a record of such request is made cant is regularly engaged in producing the Acting Administrator. by the Bureau or, in the absence thereof, food involved. it is established by clear and convincing evi­ 3. A reference to the applicable definition [F. R. Doc. 49-8150; Filed, Oct. 11, 1949; dence that such record should have been and standard of identity. 8:46 a. m.] made and (ii) such individual does not at 4. A full description of the new ingredient the time of such request file a formal appli­ proposed for use in the food. cation for such benefits or lump-sum death 5. The basis upon which the ingredient is TITLE 31— M ONEY AND payment. believed to be wholesome and nondeleterious. (6) General applicability. The provisions 6. The amounts of the ingredient to be FINANCE: TREASURY of the foregoing amendments shall be appli­ used in the food. cable notwithstanding any provision to con­ 7. The purpose for which the ingredient Chapter II— Fiscal Service, Depart­ trary in Subpart G of Part 403. is to be used. ment of the Treasury (7) Effective date. The provisions of this 8. The labeling to be used for the food appendix shall be effective upon its publica­ containing such ingredient. Subchapter B— Bureau of the Public Debt tion in the F ederal R egister. 9. The period during which the applicant [1949 Dept. Circ. 853] desires to introduce such food into interstate (Sec. 205 (a), 53 Stat. 1368, sec. 1102, 49 commerce, with all available information P art 828—R estrictive Endorsements of Stat. 647; 42 U. S. C. 405 (a), 1302; sec. 4, supporting the need for such period. B earer S ecurities Reorg. Plan 2 of 1946, 11 F. R. 7873; 3 10. The probable amount of such food that CPR, 1946 Supp.) will be distributed. O ctober 5, 1949. 11. The areas of distribution. On August 31, 1949, a notice of pro­ [seal] W . L. M itchell, 12. The address at which the food will be posed rule making regarding restrictive Acting Commissioner for manufactured. endorsements of bearer securities of the Social Security. 13. Permission by the applicant for officers or employees of the Administrator to make United States was published in the F ed­ Approved: October 5,1949. inspections as provided by section 704 of eral R egister (14 F. R. 5397). the act. Pursuant to the authority of Revised J ohn L. T hurston, 14. A statem ent of whether or not such Statutes seetion 161 (5 U. S. C. 22) and Acting Federal Security food has been or is to be distributed in the of the Second Liberty Bond Act, as Administrator. State in which it is manufactured. amended, and after consideration of all IF. R. Doc. 49-8151; Filed, Oct. 11, 1949; 15. If it has not been and is not to be such relevant matter as was presented 8:46 a. m.) so distributed, a statement showing why. by interested parties regarding the pro- 6172 RULES AND REGULATIONS

posal, the following regulations are § 328.3 Form of endorsement. The single shipment but they should be hereby prescribed, effective November 14, endorsement should be in the following sorted by issue, denomination, and serial 1949, to govern restrictive endorsements form: number. When securities to be re­ placed upon bearer securities of the For presentation to the Federal Reserve deemed are included in the same ship­ United States presented for payment or Bank o f ______Fiscal Agent of the ment as. securities to be presented in redemption or pursuant to an optional United States, for redemption or in exchange payment for an exchange subscription, exchange offering: for securities of a new issue, in accordance the securities to be redeemed should be Sec. with written instructions submitted by clearly segregated from those to be ex­ 328.1 Scope of regulations. changed, and if any securities offered 328.2 Authorization for restrictive endorse­ (insert name of presenting bank) are available in registered form and ments. ABA N o .______registration is desired, complete registra­ 328.3 Form of endorsement. The name of the Federal Reserve Bank tion instructions should be given on the 328.4 Requirements for endorsements. 328.5 Preparation of securities for shipment. of the district must appear on the plate list hereinafter required. 328.6 Shipment of securities. or stamp used for the imprinting of the (c) Listing. After the endorsements 328.7 Loss, theft, or destruction of securi­ endorsement and presentation to the ap­ have been imprinted and the securities ties bearing restrictive endorse­ propriate Branch of the Federal Reserve segregated, as required by paragraph (b) ments. Bank named will be considered as pres­ of this section, a list of all securities of 328.8 Miscellaneous. entation to the bank. When securities each issue included in the shipment Au th o r ity : §§ 328.1 to 328.8 issued under are to be presented to the Treasurer of should be prepared in triplicate. The R. S. 161, sec. 1, 40 Stat. 288, as amended; the United States, the words “The Treas­ list should be prepared in the order in 5 U. S. C. 22, 31 U. S. C. 752. urer of the United States” should be used which the securities are to be packaged in lieu of the words “The Federal Reserve and dispatched and should show in the § 328.1 Scope of regulations. The Bank o f ------, Fiscal Agent of the case of each issue the date of the next regulations in this part are applicable United States.” No subsequent endorse­ maturing coupon, specifying either that only to bearer securities presented by or ment will be permitted and no other all subsequent coupons are attached or through banks for payment at maturity, form of endorsement may be made. indicating which coupons, if any, are or for redemption prior to maturity, or missing and whether or not remittance in exchange for any securities pursuant § 328.4 Requirements for endorse­ for the value of any missing coupons to an optional exchange offering. The ments. The endorsement must be im­ accompanies the securities. Appropriate term “bearer securities” as herein used printed in the left-hand portion of the forms for the preparation of such lists shall include Treasury bonds, notes, cer­ face of each security with the first line may be procured from the Federal Re­ tificates of indebtedness, and Treasury thereof parallel to the left edge of the serve Banks of the respective districts. bills, issued by the United States and security and in such manner as to be The lists must be verified against the payable to bearer. The term “banks” as clearly legible and in such position that securities. herein used shall include incorporated it will not obscure the serial number, (d) Microfilming. Where adequate banks (which for this purpose are de­ series designation, or other identifying facilities for making microfilms or other fined as banks doing a general commer­ data, and that it will cover the smallest photographic reproductions of endorsed cial banking business), incorporated possible portion of the text on the face securities are available, banks are urged trust companies (which for this purpose of the security being endorsed. The to make use thereof for their own protec­ are defined as trust companies doing dimensions of the endorsement should tion and for that of their customers. either a general banking business or a approximate four inches in width and Relief in case of loss, theft, or destruction general trust business), and savings one and one-half inches in height, and of securities cannot be given except upon banks (whether or not mutual). The must be imprinted by stamp or plate of satisfactory proof that such securities regulations in this part do not apply to such character, with a carbon pigment were endorsed as provided in the regu­ securities presented for any other trans­ ink, and by such means, as will render action, nor do they apply to registered lations in this part. Microfilms or other the endorsement substantially ineradica­ photographic reproductions of securities bonds assigned in blank or so assigned ble.. Immediately below and as a part of as to become, in effect, payable to bearer. bearing such endorsements will consti­ the endorsement the ABA code number tute the best evidence that such endorse­ § 328.2 Authorization for restrictive of the presenting bank must be perfo­ ments were made prior to loss, theft, or endorsements. At any. time after one rated in figures approximately one-half destruction, and will materially expedite calendar month prior to (a) maturity inch in height. The perforation should any application for relief. No prints date, (b) the date securities become pay­ be placed as nearly as possible beneath may be made from the film, except as able pursuant to a call for redemption, the endorsement but without obliterating provided in § 328.7, or when otherwise or (c) the date upon which an exchange any of the above-mentioned identifying specifically authorized by a Federal Re­ may be effected pursuant to an optional data. serve Bank or by the Treasury Depart­ exchange offering, banks are authorized, § 328.5 Preparation of securities for ment. under the conditions and in the manner shipment—(a) Coupons. All matured (e) Supervision of listing and verifica­ hereinafter provided, to place restrictive coupons, including (except where other­ tion. In all cases the listing and verifi­ endorsements upon the face of bearer wise specifically provided in an an­ cation, as well as the checking of any securities owned by themselves or their nouncement of an optional exchange) photographic reproductions, must be customers for the purpose of presenta­ all coupons which will mature on or made under the supervision of a respon­ tion to Federal Reserve Banks or before the date of redemption or ex­ sible officer of the bank concerned, who Branches, or to the Treasurer of the change, should be detached from securi­ will sign all three copies of the list. The United States, for payment, redemption, ties upon which restrictive endorsements officer verifying and signing the list must or optional exchange. Bearer securities are to be imprinted, and all coupons also supervise the packaging and ship- ’ bearing such restrictive endorsements maturing subsequent to the date of re­ ment of the securities. The original and will thereafter be nonnegotiable and demption or exchange should be left triplicate copies of the list and the photo­ payment, redemption, or exchange will attached and appropriately cancelled in graphic records, if made, should Joe re­ be made only as provided in such accordance with the instructions given tained by the bank until the transaction endorsements. by the Federal Reserve Banks. If any is completed by receipt of payment or re­ Federal Reserve Banks will inform such subsequently dated coupons are ceipt of the securities issued in exchange. eligible banks in their respective districts missing, deduction of the face amount of as to the procedure to be followed under § 328.6 Shipment of securities. Se­ such missing coupons will be made in curities bearing restrictive endorsements the authority granted by the regulations cases of redemption and in cases of op­ in this part. No bank should imprint and prepared for shipment as provided tional exchange remittance equal to the herein, under the terms of these regula­ restrictive endorsements on securities or face amount of the missing coupons tions, are no longer securities payable make shipments as provided herein until must accompany the securities. to bearer and may be forwarded by mes­ it has received such information from (b) Mingling of issues. Securities of senger, armored car service, express, or the Federal Reserve Bank. different issues may be included in a by registered mail, accompanied in each Wednesday, October 12, 1949 FEDERAL REGISTER 6173 pons have not been paid, and are in fact case by the duplicate copy of the list re­ functions, or of some other board or destroyed or can never become the basis of quired in § 328.5. Postmasters under committee authorized to act under the a valid claim against the United States. existing Postal Laws and Regulations bylaws on behalf of such bank or cor­ (b) Bond of indemnity; exceptions. Ex­ and supplemental instructions are au­ poration. Ordinarily no surety will be cept as provided in paragraphs (1) to (4) of thorized to accept such securities for required on a bon'd executed by the pre­ this subsection, the owner of such lost, shipment by registered mail upon pay­ senting bank. The Secretary of the stolen, destroyed, mutilated, or defaced se­ ment of postage at the first-class rate Treasury reserves the right, however, to curity shall file with the Secretary of the require a surety in any case in which Treasury a bond, to indemnify the United at the declared value of the known or es­ States, in such form and amount and with timated cost of duplication, including the he considers such action necessary for such surety, sureties, or security as the cost of an indemnity bond if required: the protection of the United States. Secretary of the Treasury shall require : Pro­ Provided, That a surcharge shall be paid § 328.8 Miscellaneous. Any provi­ vided, That in case of securities payable to in any case for the cost of duplication in sions of Department Circular No. 300, bearer or so assigned as to become, in effect, excess of the maximum amount of in­ dated July 31,1923, as supplemented and payable to bearer, the destruction of which demnity payable for the registration. has not been proved, a corporate surety, amended (31 CFR, Part 306) and of qualified under sections 6 to 13 of Title 6, •Such securities may not be shipped as Department Circular No. 666, dated July shall be required on such bond of indemnity: cancelled vouchers or as cancelled securi­ 21, 1941 (31 CFR, Part 307), which are And provided further, That a bond of in­ ties. Shipments may be made only to in conflict with the provisions of the demnity shall not be required in any of the the Federal Reserve Bank of the district regulations in this part are hereby su­ following classes of cases, except as pro­ in which the presenting bank is located perseded. The Secretary of the Treasury vided in paragraph (4) of this subsection: or the appropriate Branch of such Fed­ reserves the right at any time to amend, (1) Tf the Secretary of the Treasury is eral Reserve Bank, and will be at the satisfied that the loss, theft, destruction, supplement, or withdraw any or all of mutilation, or defacement, as the case may risk and expense of the shipper. No the provisions of the regulations in this be, occurred without fault of the owner and shipment to any other Federal Reserve part. while the security was in the custody or the Bank is authorized and no shipment by control of the United States (not including mail or express may be made to the [seal] J ohn W. S nyder, the Postal Service when acting solely in its Treasury Department, Washington, Secretary of the Treasury. capacity as the public carrier of the mails), D. C.; delivery to the Treasury Depart­ or of a person thereunto duly authorized as ment may be made by messenger or ar­ Appendix A lawful agent of the United States, or while mored car. it was in the course of shipment effected The statutory authority for relief on pursuant to and in accordance with the § 328.7 Loss, theft, or destruction of account of loss, theft, or destruction of regulations issued under section 134 of securities bearing restrictive endorse­ United States securities is contained in Title 6; 31 U. S. C. 1946 ed., sec. 738a, and reads (2) If substantially the entire security is ments. In the case of loss, theft, or de­ as follows: * presented and surrendered by the owner and struction of securities bearing restrictive the Secretary of the Treasury is satisfied as endorsements made strictly in accord­ Interest-bearing security destroyed, muti­ to the identity of the security presented and ance with the provisions of the regula­ lated, defaced, lost or stolen— (a) Issuance that any missing portions are not sufficient tions in this part, relief will be given of duplicate; redemption of matured security. to form the basis of a valid claim against the as provided by U. S. C. 1946 ed., Title Whenever it is clearly proved to the satis­ United States; faction of the Secretary of the Treasury— (3) If the lost, stolen, destroyed, muti­ 31, sec. 738a as applied to securities not (1) That any interest-bearing security of lated, or defaced security is one which by payable to bearer. (See Appendix A for the United States, identified by number and the provisions of law or by the terms of its more detailed information regarding the and description, payable to bearer or so as­ issue is transferable only by operation of applicable provisions of the law.) Appli­ signed as to become, in effect, payable to law; cations for relief accompanied by the bearer, has been wholly or partly destroyed, (4) If the owner or holder is the United necessary supporting evidence and by or so mutilated or defaced as to impair its States or an officer or employee thereof in the original of the list required by § 328.5 value to the owner, or has been lost or stolen his official capacity, a State, the District of under such circumstances, and such a period Columbia, a Territory or possession of the (e) will be acted upon promptly by the of time having elapsed after it has matured United States, including the Commonwealth Department. Application should be or has become redeemable pursuant to a call of the Philippine Islands, a municipal cor­ made on Form PD 2211, should give full for redemption, as in the Judgment of the poration or political subdivision of any of details so far as known of the loss, theft, Secretary would indicate that it has been the foregoing, a corporation the whole of or destruction, and should be accompa­ destroyed or irretrievably lost, is not held whose capital is owned by the United States, nied by an affidavit from the officer who by any person as his own property and will a foreign government, or a Federal Reserve supervised the listing, verification, and never become the basis of a valid claim bank: Provided, however, That in any of shipment of the securities and who against the United States; or the foregoing classes of cases the Secretary (2) That any interest-bearing security of of the Treasury may require a bond of in­ signed the list, a copy of which accom­ the United States, identified by number and demnity if he deems it essential to the panied the shipment. This affidavit description, which is not payable to bearer public interest. should show that to the officer’s personal and which has not been so assigned as to (c) Definitions. The term “interest-bear­ knowledge each security claimed to have become, in effect, payable to bearer, has been ing security of the United States” or “secu­ been lost, stolen, or destroyed bore the lost or stolen, so that it is not held by any rity”, wherever used in this section, means restrictive endorsement in the form pre­ person as his own property, or has been any direct obligation of the United States scribed in § 328.3, fully completed, and wholly or partly destroyed, or so mutilated issued pursuant to law for valuable consid­ or defaced as to impair its value to the eration and which by its terms bears interest, that shipment was actually made under owner; the Secretary, upon receipt and ap­ or is issued on a discount basis, and includes his direction, and should describe the proval by him of a bond of indemnity, if and (but is not limited to) bonds, notes, certifi­ method of shipment. If photographic as required by subsection (b) hereof, shall, cates of indebtedness, and Treasury bills, and records were made, prints thereof should in the case of a security which has not ma­ interim certificates issued for any such se­ also accompany the claim and be verified tured or become redeemable pursuant to a curity, and also means any bond issued under as records of the securities claimed to call for redemption, issue a substitute section 780 of Title 26. have been lost, stolen, or destroyed. A marked “duplicate” and showing the serial (d) Rules and regulations. The Secretary number of the original security; or shall, in of the Treasury shall have the power to make bond of indemnity with surety satisfac­ the case of a security which has matured or such rules and regulations as he may deem tory to the Secretary of the Treasury become redeemable pursuant to a call for necessary for the administration of this sec­ for the full value of the securities claimed redemption, make payment thereof to the tion. to have been lost, stolen, or destroyed, in­ owner, with such interest only as would cluding the value of any interest payable have been paid had the security been pre­ United States securities payable to thereon, will be required from the owner sented when it became due and payable: bearer, which have been restrictively en­ of the securities. A bank will be con­ Provided, That in the case of an interim dorsed and shipped to Federal Reserve sidered as the owner, if it so desires, for certificate relief may be given by the issue Banks or Branches, or to the Treasury securities handled by the bank on behalf of a definitive security, whether before or Department, Washington, D. C., all in after maturity, rather than by the „issue of a strict accordance with the provisions of of its customers. If such bond is exe­ substitute or by payment: And provided fur­ cuted by a bank or other corporation, ther, That no payment shall be made .on ac­ the regulations, have been made nonne- the execution must be authorized by gen­ count of interest coupons claimed to have gotiable and relief in case of their loss, eral or special resolution of the board of been attached to such original security un­ theft, mutilation, or destruction may be directors or other body exercising similar less the Secretary is satisfied that such cou­ given under the provisions of paragraph 6174 RULES AND REGULATIONS

(2) of subsection (a) 'of the above stat­ lie Law 190, 79th Congress, approved ice entitling to compensation on a peso ute. October 6, 1945, are subject to the limi­ basis and due to service entitling to com­ In case a bank does not receive within tations contained in Public Law 391,79th pensation on a dollar basis, the disabili­ a reasonable time payment or securities Congress. Benefits are accordingly lim­ ties will be combined as usual, applying offered in exchange for securities surren­ ited to compensation payable for service- the provisions of Part IV, Veterans Reg­ dered prompt notice should be given the connected disability or death. Members ulation 1 (a), (38 U. S. C., ch. 12), where agency to which the securities weretor- of the organized military forces of the there is disability due to wartime and warded. If payment or new securities Government of the Commonwealth of peacetime service. In computing the are received after such notice has been the Philippines are included for pur­ amount due, the evaluation for which given, the agency to which the securities poses of the laws administered by the dollars are payable will be first consid­ were forwarded should be immediately Veterans’ Administration providing for ered and the difference between this notified. the payment of compensation on account evaluation and the combined evaluation Application for relief should be made of service-connected disability or death will be the basis for computing the on Form PD 2211, copies of which may from and after the dates and hours, re­ amount due in pesos. - be secured from the Federal Reserve spectively, that they were called into * * * * * » Banks of the various districts or from service of the armed forces of the United, the Treasury Department, Washington, States by orders issued from time to time (Sec. 5, 43 Stat. 608, secs. 1,,2, 46 Stat. D. C. If the bank is the actual owner of by the General Officer, United States 847, 1016, secs. 2, 4, 7, 48 Stat. 9, 456, 508, the securities or wishes to be considered Army, designated by the Secretary of 50 Stat. 305, 55 Stat. 12, 598, 733, secs.l, as the owner, as provided in § 328.7, the War. (Sec. 2 (a) (12), Pub. No. 127, 2, 56 Stat. 1020, 1038, 1072, sec. 10, 57 application may be executed in the name 73d Congress and Pub. Law 301, 79th Stat. 371, 556, 586, sec. 212, 58 Stat. 219, of the bank by an officer thereof. If not Cong.) This includes a person who be­ 324, 689, 60 Stat. 223; 10 U. S. C. 336, 14 executed by the officer who supervised came a member of a unit so called or U. S. C. 311, 28 U. S. C. 375, 33 U. S. C. the endorsement and shipment, it must ordered into the armed forces of the 855a, 34 U. S. C. 857a, 37 U. S. C. 113 be accompanied by an affidavit from United States upon its reorganization note, 38 U. S. C. 11, 11a, 121, 238, 238c-e, such officer. If the bank is not the and return to military control prior to 426, 704, 707, 730, Ch. 12 note, 42 U. S. C. owner and does not elect to be considered July 1, 1946. It does not include the 213, 48 U. S. C. 1232, 50 U. S. C. 301, 50 the owner, the application must be service of such a person during the period app. U. S. C. 1591-1598) signed by the owner of the securities for subsequent to his release following the 2. Sections 3.4 and 3.7 are amended to which relief is sought and must be ac­ capitulation or after parole by the Japa­ read as follows: companied by an affidavit from the of­ nese as a prisoner of war, when he was ficer of the bank who supervised the in an inactive status, and prior to the § 3.4 Jurisdiction of authorization preparation and shipment. The original time he jmned a recognized guerrilla unit. The authorization unit will have of the list made by the bank must also force or returned to military control as jurisdiction over the determination of be submitted and if photographic repro­ certified by the United States armed basic eligibility for monetary benefits in ductions were made prints therefrom forces. Persons who served as guerrillas claims under the jurisdiction of the field should accompany the application as under a commissioned officer of the office; the development of claims in con­ provided in § 328.7. If the loss, theft, United States Army, Navy, or Marine formity with established Veterans’ Ad­ mutilation, or destruction occurred in the Corps, or under a commissioned officer ministration policy; the adjudication of mail, a postal inspector’s report ordinar­ of the Commonwealth Army recognized all claims upon completion of rating ac­ ily will be required. by and cooperating with the United tion; the maintenance of such follow­ Form PD 2211 and the accompanying States forces are also included: Provided, up procedure as may be required (this evidence must * be submitted to the That service as a guerrilla by a person does not apply to follow-up of requested agency to which the securities were for­ who also was a Philippine Scout or a physical examinations); the develop­ warded and will be expedited both by member of the armed forces of the ment and certification of appeals; the that agency and by the Department at United States, other than a member of certification, upon proper request, of Washington, and, if approved, a bond of the Commonwealth Army, will be con­ data for consideration in determin­ indemnity (which is required by the sidered as service in his regular status ing eligibility for domiciliary care or statute) will be forwarded for execu­ of Philippine Scout or member of the hospital or outpatient treatment; the de­ tion; if the bond of indemnity is exe­ armed forces of the United States. How­ termination whether the character of cuted by the presenting bank as owner, ever, unless the record shows examina­ discharge is a bar to benefits including ordinarily no surety will be required. tion at time of entrance into the armed benefits under Titles II, III, and V of However, the Secretary reserves the right forces of the United States, such persons Public Law 346, 78th Congress, as to require surety in any particular case. are not entitled to the presumption of amended, and hospital treatment, domi­ [F. R. Doc. 49-8166; Filed, Oct. 11, 1949; soundness. This will also apply upon ciliary care, and outpatient treatment for 8:49 a. m.] reentering the armed forces after a pe­ service-connected disabilities, under riod of inactive service. Service of such Public No. 2, 73d Congress, as amended, Commonwealth forces in the United in doubtful cases; the furnishing of tech­ TITLE 38— PENSIONS, BONUSES, States armed forces was terminated as nical information, through correspond­ ence or otherwise, to veterans or their AND VETERANS’ RELIEF of June 30, 1946, by the military order of the President dated July 1, 1946. representatives in explanation of action Chapter I— Veterans’ Administration (Therefore, such Philippine Army service taken upon individual claims, and the rendered on or after July 1, 1946, is not carrying out of such duties in relation to P art 3—V eterans’ Claims service in the United States armed forces the foregoing and adjudication matters, MISCELLANEOUS AMENDMENTS within the purview of the laws adminis­ general or otherwise, as may be properly assigned by central office. 1. In § 3.1, paragraph (c) is amended tered by the Veterans’ Administration.) to read as follows: Compensation payable to members of the (Sec. 5, 43 Stat. 608, secs. 1, 2, 46 Stat. organized military forces of the Govern­ 1016, sec. 7, 48 Stat. 9; 38 U. S. C. 11, § 3.1 Persons included in the acts in ment of the Commonwealth of the 11a, 426, 707) addition to commissioned officers and Philippines, under the conditions set enlisted men. * * * forth above, and to Philippine Scouts § 3.7 Information on all decisions to (c) Philippine Scouts and others. who enlisted under section 14, Public Law be furnished to veterans. The claimant Philippine Scouts, the Insular Force of 190, 79th Congress, shall be paid at the will, in all cases in which he appears per­ the Navy, Samoan Native Guard, and rate of one Philippine peso for each dol­ sonally before a rating board, be in­ Samoan Native Band of the Navy are lar authorized to be paid under the laws formed by the board of the decision within the terms of the acts, except that providing for such compensation. Where reached and the reason therefor. The neither the Philippine Scouts nor the a veteran, who had Commonwealth Army claimant will also be advised upon com­ Insular Force of the Navy were, or are or guerrilla service and also had other pletion of adjudicative action based upon included in article II of the War Risk service, wartime or peacetime, in the the decision, of the provisions thereof, Insurance Act. However, Philippine armed forces of the United States, has and his entitlement or nonentitlement Scouts enlisted under section 14 of Pub- compensable disabilities due to the serv­ thereunder, and of his right of appeal, Wednesday, October 12, 1949 FEDERAL REGISTER 6175 and of the time within which appeal clearly indicates an intent to apply for recommendation that a finding of rela­ must he taken. While failure to receive disability or death compensation or pen­ tionship, age, or death be made. written notice of right to, and time for, sion may be considered an informal (Sec. 5, 43 Stat. 608, secs. 1, 2, 46 Stat. appeal will not extend the time for filing claim. To constitute an informal claim, 1016, sec. 7, 48 Stat. 9; 38 U. S. C. 11, appeal, it will not preclude an admin­ the communication must specifically re­ 11a, 426, 707) istrative review in a meritorious case fer to and identify the particular bene­ upon a proper authorization. Claims fit sought. When an informal claim is 6. In § 3.45, paragraph (b) (3) (ii) is which involve this provision will be for­ received and a formal application is for­ amended to read as follows: warded with a summary of the facts and warded for execution by the claimant, § 3.45 Evidence to establish relation­ a recommendation by the adjudication such application shall be considered as ship of child, for compensation, pension, officer or assistant adjudication officer, evidence necessary to complete the ini­ and subsistence allowance purposes. in living cases, or by the director, claims tial. application, and, unless a formal ap­ * * * service, district office, in death cases, to plication is received within 1 year from (b) Illegitimate child. * * * the director of the service concerned, the date it was transmitted for execu­ (3) * * * central office. In central office cases, ref­ tion by the claimant, no award shall be (ii) In district office cases, the direc­ erence will be by the chief or assistant made by virtue of such informal claim. tor, claims service. chief of the division concerned to the If received within 1 year in such in­ ***** director, veterans claims service, or the stances, it will be considered filed as of director, dependents and beneficiaries the date of receipt of the informal claim (Sec. 5, 43 Stat. 608, secs. 1, 2, 46 Stat. claims service, depending upoq the sub­ by the Veterans’ Administration. How­ 1016, sec. 7, 48 Stat. 9; 38 U. S. C. 11, ject matter, for appropriate action. ever, a communication received from a lid, 426, 707) service organization, pension attorney, 7. In § 3.55, paragraph (g) is amended (Sec. 5, 43 Stat. 608, secs. 1, 2, 46 Stat. or pension agent may not be accepted as to read as follows: 1016, sec. 7, 48 Stat. 9) 38 U. S. O. 11,11a, an informal claim, if a power of attorney 426, 707) § 3.55 Proof of death. * * * was not executed at the time the com­ (g) In cases wherein proof of death, 3. In § 3.9 paragraphs (b) and (c) are munication was written. In cases not as defined in paragraphs (a) through amended to read as follows: covered by this section, where the prob­ ability of an informal claim appears to (f) of this section, cannot be furnished, § 3.9 Revision of rating board deci­ be indicated but the facts are too ob­ the director of claims service, in district sions. * * * scure or complicated for determination, office cases, or the director, dependents (b) Whenever a rating board may be the file will be referred to the director, and beneficiaries claims service, in cen­ of the opinion that a revision or an claims service, district office in field death tral office cases, may make a finding of amendment of a previous decision is war­ cases, the director, veterans claims serv­ fact of death where death is otherwise ranted on the facts of record in the case ice, central office, in field living cases, shown by competent evidence. Where at the time the decision in question was or the director of the service concerned it is indicated that the veteran died rendered, a difference of opinion being in central office cases, for decision upon under circumstances which precluded involved rather than a finding of clear the facts in the particular case. When recovery or identification of the body, the and unmistakable error, the complete file benefits are being resumed under § 3.299 fact of death should be established by will be forwarded, accompanied by a and an informal claim has bqen filed the best evidence, which from the nature complete and comprehensive statement for a disability incurred or aggravated of the case must be supposed to exist. of the facts in the case and a detailed ex­ in the second period of service, the re­ (Sec. 5, 43 Stat. 608, secs. 1, 2, 46 Stat. planation of the matters supporting the quirements of the third and fourth sen­ conclusion that a revision or amendment 1016, sec. 7, 48 Stat. 9; 38 U. S. C. 11,11a, tences of this section are not for appli­ 426, 707) of the prior decision is in order, to the cation. Under Executive Order 6017, assistant administrator for claims, atten­ February 7, 1933, appearing in Title 22, 8. In § 3.59, a new paragraph (c) is tion of the director, veterans claims serv­ Page 161, Code of Federal Regulations added to read as follows: ice, or director, dependents and benefici­ of the United States of America, and sec­ § 3.59 Active service under Public No. aries claims service, as the case may be. tion 1500, Public Law 346, 78th Congress, 2, 73d Congress. * * * A rating decision will not be effected in as amended, diplomatic and consular (c) The period of active service of the any such case pending the return of the officers of the Department of State are case file following central office consider­ members of the regular components of authorized to act as agents of the Vet­ the Philippine Commonwealth Army ation. The effective date of the rating erans’ Administration, and therefore an authorizing benefits in such cases will be while serving with the armed forces of informal claim filed in a foreign country the United States will be from the date the date of administrative determination, will be considered as filed in the Vet­ except where otherwise provided, regard­ certified by the Philippines Command, erans’ Administration as of the date of U. S. Army, as the date of enlistment or less of whether there is a pending claim receipt by the State Department repre­ in file. the date of report for active duty, which­ (c) Determinations in effect on March sentative. ever is the later, to the date of release 19, 1933, will not be reversed in those (Sec. 5, 43 Stat. 608, secs. 1, 2, 46 Stat. from active duty, discharge, death, or cases comprehended within the provi­ 1016, sec. 7, 48 Stat. 9; 38 U. S. C. 11, Ha, June 30, 1946, whichever is the earlier. sions of sections 27 and 28, Public, No. 141, 426, 707) The release from active duty will include 73d Congress, except as provided in these (1) leaving one’s organization in antici­ 5. In § 3.32, paragraph (c) is amended pation of or due to the capitulation, (2) sections. These cases, therefore, will to read as follows: not be referred under paragraph (b) escape from a prisoner of war status, of this section upon a difference of opin­ § 3.32 Evidence required from a for­ (3) parole by the Japanese from a ion In the event clear and unmistaka­ eign country and release of original prisoner of war status, (4) beginning of ble error is discovered, the rating board documents from files of the Veterans’ Ad­ missing in action status, except where, will take action as provided in paragraph ministration for authentication. * * * under the provisions of section 5, Public (a) of this section. (c) Where it is indicated that evi­ Law 490, 77th Congress, as amended, ***** dence from a foreign country to estab­ death is presumed to have occurred while (Sec. 5, 43 Stat. 608, secs. 1, 2, 46 Stat. lish relationship, age or death would not the veteran’s name was carried-in such 1016, sec. 7, 48 Stat. 9; 38 U. S. C. 11,11a, be accessible to the claimant and evi­ status, (5) the capitulation on May 6, 426, 707) dence of record tends to establish the 1942, except that periods of recognized facts in issue, the case file, together with guerrilla service or periods of service in 4. Section 3.27 is amended to read as a complete statement of facts, will be units which continued organized resist­ follows: ** submitted to the director of claims, dis­ ance against the Japanese prior to formal § 3.27 Informal claims. Any com­ trict office in field death cases, the direc­ capitulation will be considered as a re­ munication from or action by a claim­ tor, veterans claims service, central office, turn to active duty for the period of such ant or his duly authorized representative, in field living cases, or the director of service. The active service of members of or some person acting as next friend of the service concerned in central office the irregular forces, “guerrillas,” will be a claimant who is not sui juris, which cases, whichever is appropriate, with a that period covered by the certification of 6176 RULES AND REGULATIONS

the United States Army Philippines der the provisions of §§ 3.66 and 3.1046, peacetime service, the fact that the vet­ Command. such determination shall be binding upon eran had no service in the tropics or in (Sec. 5, 43 Stat. 608, secs. 1, 2, 46 Stat. any of these services for any of the pur­ a locality having a high incidence of the 1016, sec. 7, 48 Stat. 9; 38 U. S. C. 11,11a, poses mentioned, unless it be clearly and disease, may be considered as evidence 426, 707) unmistakably in error. This determina­ to rebut the presumption. The record tion shall not be subject to question by must be negative as to inception prior 9. Section 3.60 is amended to read as reason of a difference of opinion, except or subsequent to service, and residence follows; as to whether such determination is during the year following this service § 3.60 Active service requirements of clearly and unmistakably erroneous, in must not have been in the tropics or in. Veterans Regulation No. 1 (a), Part III which case such question shall be re­ a region where the particular disease is (38 U. S. C. ch. 12). Where the military ferred to the deputy administrator for endemic. The known incubation period service extended into or beyond the pe­ his personal determination. for such diseases should be used as a riod of hostilities, there must be 90 days (Sec. 5, 43 Stat. 608, secs. 1, 2, 46 Stat. factor in the rebuttal of presumptive continuous service so extending or a 1016, secs. 1, 7, 48 Stat. 8, 9; 38 U. S. C. 11, service connection, that is, to show in­ discharge prior to service of 90 days on 11a, 426, 701, 707) ception prior or subsequent to active account of disability incurred in or ag­ service. (For list of chronic and tropical gravated by service in line of duty with­ 12. Section 3.76 is amended to read as diseases see § 3.86.) Existing procedure out benefit of presumptive provisions of follows: whereby service connection may be the law or regulations in order to meet § 3.76 Original examinations for dis­ granted for malaria without diagnosis on the requirements of Part III, Veterans ability compensation or pension. In Veterans Administration examination Regulation 1 (a), as amended, but the original claims for disability compensa­ remains unchanged. requirements of active service for a total tion or pension, either for peacetime or * * * * * of 90 days or more during one of the wartime service, service-connected or (Sec. 5, 43 Stat. 608, secs. 1, 2, 46 Stat. enumerated wars can be composed of two otherwise, an examination will not be 1016, secs. 1, 7, 48 Stat. 8, 9; 38 U. S. C. or more periods of service, if all such authorized unless and until evidence is 11,11a, 426, 701, 707. Pub. Law 748, 80th periods are within the war period. Serv­ of record, either from the service depart­ Cong.) ice is exclusive of the furloughs enumer­ ments, or in the form of affidavits, indi­ 14. In § 3.86, paragraph (a) is ated in § 3.59, time under arrest, in the cating the reasonable probability of a amended to read as follows^ absence of acquittal, time for which the valid claim. If, after the development soldier or sailor was determined to have of the case, it is indicated that probabil­ § 3.86 Chronic and tropical diseases forfeited jpay by reason of absence with­ ity of a valid claim exists, an examination under Public No. 2, 73d Congress, as out leave, and time spent in desertion may be requested. Where the claimant amended. The service connection of or while undergoing sentence of court appears in person and preliminary in­ chronic diseases under Veterans Regula­ martial. Time in a hospital, on sick quiry establishes the reasonable proba­ tion No. 1 (a), Part I, paragraph I (c), furlough, or as a prisoner by the enemy bility of a valid claim, an immediate as amended (38 U. S. C. ch. 12), pursuant is included. physical examination may be requested. to Public No. 2, 73d Congress, is restricted to the following: (Sec. 5, 43 Stat. 608, secs. 1, 2, 46 Stat. (38 U. S. C. ch. 12, Reg. 1 series.) Where 1016, sec. 7, 48 Stat. 9, 52 Stat. 754; 38 a claim is filed within six months from Anemia, primary. U. S. C. 11, 11a, 426, 707, ch. 12 note) date of discharge and the veteran was Arteriosclerosis. discharged on a certificate of disability, Arthritis. 10. In § 3.64, paragraph (d) is amend­ it may be rated initially on the records Atrophy, progressive muscular. ed to read as follows: Brain hemorrhage. of the service department unless it would Brain thrombosis. § 3.64 Character of discharge under appear that error might result from such Bronchiectasis (effective June 24, 1948). Public No. 2, 73d Congress, as amended, rating. Otherwise, no rating will be Calculi of the kidney, bladder, or gall blad­ and under Public Law 346, 78th Congress. made without first obtaining an official der (effective June 24, 1948). * * * Veterans’ Administration examination. Cardiovascular-renal disease, including hy­ (See § 3.185.) pertension. (This term applies to combi­ (d) An undesirable or blue discharge nation involvements of the type of arterio­ issued because of homosexual acts or (Sec. 5, 43 Stat. 608, secs. 1, 2, 46 Stat. sclerosis, nephritis, and organic heart dis­ tendencies generally will be considered 1016, secs. T, 7, 48 Stat. 8, 9; 38 U. S. C. ease, and since hypertension is an early as under dishonorable conditions and a 11, 11a, 426, 701, 707) symptom long preceding the development bar to entitlement under Public, No. 2, of those diseases in their more obvious 73d Congress, as amended, and Public 13. In § 3.80, paragraph (b) is forms, a disabling hypertension within Law 346, 78th Congress, as amended. amended to read as follows: the one-year period will be given the same benefit of service connection as any of the However, the facts in a particular case § 3.80 Service connection for chronic chronic diseases listed.) may warrant a different conclusion, in or tropical diseases. * * * Cirrhosis of the liver (effective June 24,1948). which event the case should be submit­ (b) Evidence which may be consideredCoccidioidomycosis (effective June 24, 1948). ted to the director, claims service, dis­ in rebuttal of service incurrence of a Diabetes mellitus. trict office, in field death cases, to the chronic or tropical disease will be any Encephalitis lethargica residuals. director, veterans claims service, central evidence of a nature usually accepted as Endocarditis. (This term is intended to office, in field living cases, or to the direc­ competent to indicate the time of ex­ cover all forms of valvular heart dis­ tor of the service concerned in central ease.) istence or inception of disease, and med­ Endocrinopathies. office cases, for attention and considera­ ical judgment will be exercised in making Epilepsies. tion. (As to the effect of alienage see determinations relative to the effect of Hodgkin’s disease. § 3.1 (j).) intercurrent injury or disease. The ex­ Leprosy. (Sec. 5, 43 Stat. 608, secs. 1, 2, 46 Stat. pression “affirmative evidence to the Leukemia. 1016, sec. 7, 48 Stat. 9, sec. 1503; 58 Stat. contrary”, appearing in Veterans Regu­ Myasthenia gravis. lation No. 1 (a), Part I, paragraph I (c), Myelitis. 301; 38 U. S. C. 11, 11a, 426, 697c, 707) Myocarditis. as amended, or the expression “clear Nephritis. 11. In § 3.66, paragraph (b) is amended and unmistakable evidence”, appearing to read as follows: Other organic diseases of the nervous sys­ in Veterans Regulation No. 1 (a), Part tem (effective June 24, 1948.) § 3.66 “Line of duty” under Veterans II, paragraph I (d), will not be taken Osteitis deformans (Paget’s disease). Regulation No. 1 (a), Parts I and 11, as to require a conclusive showing, but such Osteomalacia (effective June 24, 1948). amended (38 U. S. C. ch. 12). * * * showing as would in sound medical Palsy, bulbar. reasoning and in the consideration of all Paralysis agitans. (b) Whenever the veterans claims evidence of record, support a conclusion Psychoses. service, the dependents and beneficiaries that the disease in question was not in­ Purpura idiopathic, hemorrhagio (effective claims service, or the insurance service curred in service within the meaning of October 19, 1949). has made a determination of the question Raynaud’s disease (effective June 24, 1948). Veterans Regulation No. 1 (a), Parts I Scleroderma (effective June 24, 1948). of line of duty status for the purpose of or II, as amended. As to tropical dis­ Sclerosis, amyotrophic lateral. compensation, pension, or insurance, un- eases, incurred in either wartime or Sclerosis, multiple. Wednesday, October 12, 1949 FEDERAL REGISTER 6177 Syringomyelia. 18. In § 3.133 paragraphs (a) and (b) from appellate channels for submission Thromboangiitis obliterans (Buerger’s dis­ are amended to read as follows: under this regulation, except as the ease) (effective September 26, 1947) . Tuberculosis, active. § 3.133 Effect of diagnoses of active Board of Veterans’ Appeals may join in Tumors, malignant, or of the brain or spinal tuberculosis, (a) Service department reference of such cases with their recom­ cord or peripheral nerves (effective June 24, diagnoses of active pulmonary tubercu­ mendation. (38 U. S. C. ch. 12, Reg. 1948, as to tumors of the peripheral 3 (a)) losis will be accepted unless, after consid­ * * * * * nerves). ering all the evidence including that fa­ Ulcers, peptic (gastric or duodenal) (effec­ (Sec. 5, 43 Stat. 608, secs. 1, 2, 48 Stat. tive June 24, 1948). (A proper diagnosis voring or opposing tuberculosis, and fa­ of gastric or duodenal ulcer (peptic ulcer) voring or opposing activity, a board of 1016, sec. 7, 48 Stat. 9; 38 U. S. C. 11, 11a, is to be considered established if it repre­ medical examiners or the chief medical 426, 707; interpret secs. 8, 9,43 Stat. 1306, sents a medically sound interpretation of officer certify that such diagnoses were 1307, sec. 3, 48 Stat. 9; 38 U. S. C. 473-491, sufficient clinical findings warranting such incorrect. Doubtful cases may be re­ 703) diagnosis and provides an adequate basis ferred to the chief medical director in for a differential diagnosis from other 21. In § 3.155, paragraph (f) is central office. amended to read as follows: conditions with like symptomatology; in (b) Diagnosis of active pulmonary short, where the preponderance of evidence § 3.155 Combined ratings. * * * indicates gastric or duodenal ulcer (peptic tuberculosis by the medical authorities ulcer). Whenever possible, of course, lab­ of the Veterans Administration as the (f) Where there is doubt as to whether oratory findings should be used in corrob­ result of examination, observation, or a veteran, who served during a war pe­ oration of the clinical data.) treatment will be accepted for rating riod and a peacetime enlistment, is en­ * * * * * purposes. Reference to the chief med­ titled to combination and payment at ical officer will be in order in question­ wartime rates because of disabilities con­ (Sec. 5, 43 Stat. 608, secs. 1, 2, 46 Stat. able cases and if necessary to the chief nected with peacetime service, or there 1016, secs. 1, 7, 48 Stat. 8, 9; 38 U. S. C. medical director in central office. is doubt as to the manner of combina­ 11, 11a, 426, 701, 707) * * * * * tion, the case will be submitted to the 15. In §3.102, paragraph (f) is director of the service concerned, central (Sec. 5, 43 Stat. 608, secs. 1, 2, 46 Stat. office, for review and appropriate advice. amended to read as follows: 1016, sec. 7, 48 Stat. 9; 38 U. S. C. 11,11a, § 3.102 Wartime service connection. 426, 707) (Sec. 5, 43 Stat. 608, secs. 1, 2, 46 Stat. * ‘ * * 1016, sec. 7, 48 Stat. 9; 38 U. S, O, 19. In § 3.139, paragraph (i) is added 11, 11a, 426, 707; interpret secs. 8, 9, 43 (f) Field offices will submit for central to read as follows: office consideration cases involving trop­ Stat. 1306, 1307, sec. 3, 48 Stat. 9; 38 ical diseases initially manifest at any § 3.139 Principles for observance in U. S. C. 473-491, 703) time after discharge, when in their judg­ application of Public Nos. 196 and 866, 22. In § 3.201, paragraph (f) is ment a finding of service-connection 76th Congress. * * * amended to read as follows: would be proper but is not warranted (i) For the purposes of Public Nos. under this section. 196 and 866, 76th Congress, there must § 3.201 Adjudication of claims involv­ be shown aggravation during service over ing compensation or pension based upon (Sec. 5, 43 Stat. 608, secs. 1, 2, 46 Stat. and above the natural progress of a mis­ new and material evidence presented 1016, sec. 7, 48 Stat. 9; 38 U. S. C. 11, 11a, conduct condition that existed prior to after prior disallowance. * * * 426, 707) enlistment or enrollment. (f) Where the new and material evi­ dence consists of a supplemental report 16. In § 3.123, paragraph (b) (7) is (Sec. 5, 43 Stat. 608, secs. 1, 2, 46 Stat. added to read as follows: from the service department and it is 1016, sec. 7, 48 Stat. 9; 38 U. S. C. 11,11a, received subsequent to the expiration of § 3.123 Initial determinations and ad­ 426, 707) the appeal period or, in the event of an judicative action under section 31, Pub­ 20. In § 3.142, paragraph (a) is appeal, subsequent to the decision of the lic, No. 141, 73d Congress, as amended by amended to read as follows: Board of Veterans’ Appeals, the supple­ section 12, Public, No. 866, 76th Congress, mental report from the service depart­ and under paragraph 4, Part VII, Veter­ § 3.142 Special action where evalu­ ations provided under the Rating Sched­ ment will be considered under Veterans ans Regulation 1 (a), as amended (38 Regulation No. 2 (d) (38 U. S. C. ch. 12) U. S. C. ch. 12) * * * ule, 1945, are considered inadequate or excessive. and the appropriate rating and award (b) * * * accomplished under the applicable in­ (7) Compensation under paragraph 4, (a) Exceptional cases to which the structions. The‘retroactive evaluation of Part VII, Veterans Regulation 1 (a), as application of the 1945 Schedule is not disability resulting from disease or in­ amended, is not payable unless a causal understood, or with regard to which jury subsequently service connected on relationship exists between the training evaluation under this schedule is con­ the basis of new evidence from a service and an injury, or aggravation of an ex­ sidered inadequate or excessive, may be department must be adequately sup­ isting injury sustained during training. submitted by the adjudication officer for advisory opinion or for réévaluation to ported by medical evidence and where (Sec. 5, 43 Stat. 608, secs. 1, 2, 46 Stat. the director, veterans claims service, cen­ the additional records received from the 1016, secs. 7, 31, 48 Stat. 9, 526, sec. 12, tral office. Questionable special monthly service department clearly support the 54 Stat. 1197, sec. 2,57 Stat. 43; 38 U. S. C. compensation cases and cases involving assignment of a specific rating over a 11, 11a, 426, 501a, 501a-l, 707, ch. 12 severe disabilities considered total, but part or the entire period of time involved, note) for which current procedure does not a retroactive evaluation will be assigned authorize a total rating will be similarly accordingly except as it may be affected 17. In § 3.131, paragraph (f) is amend­ by the filing date of the original claim. ed to read as follows: submitted. Where total disability is claimed and a submission hereunder is (Sec. 5, 43 Stat. 608, secs. 1, 2, 46 Stat. § 3.131. Principles for determining en­ contemplated, a VA Form 8-527, Em­ 1016, secs. 7, 9, 48 Stat. 9, 10; 38 U. S. C. titlement to the statutory award for loss ployment Affidavit, will be obtained and 11, 11a, 426, 707, 709) of use of a creative organ. * * * other indicated development of the evi­ (f) Cases wherein there is uncertainty dence accomplished prior to the release 23. In § 3.214, paragraph (b) (2) is as to whether the veteran is entitled to of the records by the custodial office. amended to read as follows: the statutory award for the loss or loss The submission in any case compre­ § 3.214 Effective dates of awards of in­ of use of a, creative organ, and all cases hended by this regulation will include creased disability compensation. * * * of women veterans where this question the claims folder, a recent medical ex­ (b) By reason of regulatory or schedu­ is involved, will be submitted to the direc­ amination, and definite recommendation lar provisions. * * * tor of the service concerned, central office from the submitting agency concerning (2) The effective date of an award, for determination. evaluation of every disability under the original, increased or reopened, resulting schedule as interpreted by the submit­ from an amendment of the 1945 sched­ (Sec. 5, 43 Stat. 608, secs. 1, 2,13, 46 Stat. ting agency and concerning schedular ule or the promulgation of an adminis­ 998, 1016, secs. 7, 28, 48 Stat. 9, 524, sec. changes deemed advisable by reason of tration issue, will be the date of receipt 2, 60 Stat. 910; 38 U. S. C. 11, 11a, 426, the particular situation encountered. of the claim, original, increased or re­ 471a-3, 473, 707, 722) However, cases will not be withdrawn opened, but in no event prior to the date No. 197------3 6178 RULES AND REGULATIONS of the amendment or administration is­ use; entitlement to a higher rate on ac­ “being so helpless as to require regular sue: Provided, That if a claim is pending, count of helplessness requiring regular aid and attendance” without separate benefits may be awarded from the date of aid and attendance must be based on and distinct anatomical loss, or loss of promulgation of the amendment or ad­ such need resulting from pathology use of two extremities, or blindness, be ministration issue: Provided further, other than the anatomical loss or loss taken as entitling to $360 (or $288) per That if the amendment or issue is ap­ of use of two extremities; when so based, month. The fact, however, that two plied on the initiative of the administra­ i. e., upon pathology other than the separate and distinct entitling disabili­ tion, tlie effective date will be the date of anatomical loss or loss of use of two ties, such as anatomical loss or loss of administrative determination. The date extremities, the rate will uniformly be use of both hands and of both feet result of administrative determination is the $360 (or $288) monthly. from a common etiological agent, for date the rating sheet is signed. Except (c) Intermediate rates fixed pursuant example, one injury, or rheumatoid ar­ in unusual cases, the rating sheets will to law. The authority contained in sub- thritis, will not preclude entitlement to be typed and signed the same day the paragraph (p) to allow the next higher the maximum rate. work sheet is prepared by the rating rate or an intermediate rate will be ad­ (Sec. 5, 43 Stat. 6d8, secs. 1, 2, 46 Stat. board. ministered as follows: 1016, secs. 1, 7, 48 Stat. 8, 9, sec. 6, 53 ***** (1) With the anatomical loss, or loss Stat. 1070, 59 Stat. 533, sec. 2, 60 Stat. (Sec. 5, 43 Stat. 608, secs. 1, 2, 46 Stat. of use, of one hand or one foot, and 904, 910 ; 38 U. S. C. 11, 11a, 426, 471a-3, anatomical loss, or loss of use, of another 701, 707, ch. 12 note; Pub. Law 876, 80th 1016, secs. 7, 9, 48 Stat. 9, 10; 38 U. S. C. extremity at a level or with complications 11, 11a, 426, 707, 709) preventing natural elbow or knee action Cong.) 24. In § 3.236, paragraphs (a), (b) (2), with phosthesis in place, the rate will 25. In § 3.237, paragraph (b) is (c) (1), (2), (3), and (d) are amended be $261 (or $208.80). amended to read as follows: to read as follows: (2) With the anatomical loss, or loss § 3.237 Additional allowance for nurse < § 3.236 Special monthly compensation of use, of one extremity at a level or with or attendant. * * * specified by or fixed pursuant to para­ complications preventing natural elbow (b) Reductions during hospitalization. graph II, Parts I and II, Veterans Regu­ or knee action with prosthesis in place, Where a veteran in receipt of additional lation 1 (a), (38 U. S. C. ch. 12), as and the anatomical loss of another ex­ or increased compensation based upon amended by Public Laws 182, 659, and tremity so near the shoulder or hip as the need for a nurse or attendant, regu­ 662,79th Congress, (a) Special monthly to prevent the use of a prosthetic ap­ lar aid or attendance, or frequent and compensation provided by subpara­ pliance, the rate will be $300 (or $240). periodical aid or attendance, other than (3) With the anatomical loss, or loss on account of transverse myelitis or graphs (k), Parts I and II, Veterans Reg­ of use, of one hand or one foot, and the ulation 1 (a), as amended, is applicable anatomical loss of another extremity so paraplegia involving paralysis of both but once in any one case, when payable lower extremities together with loss of near the shoulder or hip as to prevent anal and bladder sphincter control, as a in addition to the compensation pro­ the use of a prosthetic appliance, the vided in paragraphs II, Parts I and II, rate will be $282 (or $225.60). result of severe traumatic lesions of the subparagraphs (a) to (j). In other ***** spinal cord, is being furnished hospital words, if the veteran has suffered the treatment, institutional or domiciliary anatomical loss of one eye and one hand, (d) Ratings for specific conditions— care by the Veterans’ Administration and his monthly compensation under Public, (1) Rating of binocular blindness of is being furnished with nursing or at­ No. 2, 73d Congress, as amended, will different degrees. (1) With blindness of tendant’s service, the award of compen­ be increased by $42 and not by $84 or by one eye with 5/200 visual acuity or less, sation will be the amount authorized by $33.60 and not by $67.20, if the disabil­ and blindness of the other eye having the rating decision exclusive of any ad­ ities were incurred in wartime service or ‘only light perception, the rate will be ditional or increased amount on account peacetime service, respectively. The ad­ $261 (or $208.80). of the need for a nurse or attendant, ditional allowance may be based upon (ii) With blindness of one eye having regular aid and attendance, or frequent an anatomical loss or loss of use in­ Only light perception, and anatomical and periodical aid and attendance (A. D. cluded in the requirements for the basic loss, or blindness, having no light per­ 201). In the excepted case a uniform rate. The additional allowances undef ception accompanied by phthisis bulbi, rate of $360 (or $288) per month will be subparagraphs (k) are now payable in evisceration, or other obvious deformity maintained, without deduction on ac­ addition to compensation payable under or disfigurement, of the other eye, the count of being furnished aid and attend­ subparagraphs (1) to (n), and such ad­ rate will be $300 (or $240). ance in kind. Due to the different ad­ ditional allowance is payable for each (iii) With blindness of one eye having ditional amount to which veterans may anatomical loss, loss of use, or blindness 5/200 visual acuity or less, and anatomi­ be entitled under Public Law 182, 79th of one eye having only light perception, cal loss, or blindness, having no light Congress, as amended, on account of When existing in addition to the require­ perception accompanied by phthisis helplessness requiring regular aid and at­ ments for these basic rates, provided the bulbi, evisceration, or other obvious de­ tendance, and consequent different total does not exceed $360 in Part I formity or disfigurement, of the other amounts of reductions when being fur­ cases, independent of additional com­ eye, the rate will be $282 (or $225.60). nished regular aid and attendance in pensation for dependents provided by (2) Rating of blindness of both eyes kind, when institutionalized by the Vet­ section 1, Public, 877, 80th Congress, or having no light perception. The rate erans’ Administration, married, and hav­ $288 in Part II cases, independent of ad­ under subparagraphs (n), $318 (or ing dependents, it is necessary to give ditional compensation for dependents $254.40) per month, will be assigned careful attention to the exact basis of provided by section 2, Public, 877, 80th when there is a total blindness of both entitlement: Congress. For example, a war veteran eyes having no light perception accom­ (1) The general rule as to reductions who has suffered the loss of use of both panied by phthisis bulbi, evisceration or of special monthly compensation of $240 hands, one foot, and one eye (light per­ other obvious deformity or disfigurement. (or $192) per month or more based ception only) will be compensated at $240 (3) Entitlement under subparagraph upon the need for regular aid and at­ plus two allowances of $42 each or $324 (0) . Entitlement to the maximum rate tendance when the veteran, married or under the second part of subparagraph of $360 (or $288) per month on account having dependents, is being furnished (k). of entitlement to two of the rates pro­ nursing or attendant’s service while re­ (b) Helplessness * * * vided in one or more of subparagraphs ceiving hospital treatment, institutional (2) The rate of $282 provided under (1) to (n), inclusive, must be based upon or domiciliary care by the Veterans’ Ad­ subparagraph (m) on account of help­ separate and distinct disabilities so ministration is that reduction will be in lessness requiring regular aid and at­ entitling. the additional amount based upon the tendance applies only in cases entitled If the loss, or loss of use, of two ex­ need for regular aid or attendance, on account of blindness of both eyes. A tremities or being permanently bedridden (2) In determining the rate of special veteran having suffered the loss, or loss renders the person helpless, increase to of use, of both hands, feet, or one hand $360 (or $288) per month is not in order monthly compensation first considera­ and one foot, and having no other com­ on account of this helplessness. Under tion will be given to anatomical loss or pensable disability will be rated accord­ no circumstances will the combination losses of use of extremities, blindness, ing to the level of amputation or loss of of “being permanently bedridden” and having 5/200 visual acuity or less, ana- Wednesday, October 12, 1949 FEDERAL REGISTER 6179 tomical loss of both eyes, or being per­ beginning of the maintenance of the dis­ 1 (a), Part i n (38 U. S. C. ch. 12), un­ manently bedridden, and if, based 6n abled v£tefan in aft institution by the less paid in the discretion of the Admin­ these considerations, there is entitlement Veterans Administration. The compen­ istrator to the wife of such veteran for to one of the rates under subparagraphs sation in all cases contemplated herein is the use of the veteran and his depend­ (1), (m), or (n), of Veteranss Regulation subject to the limitations contained in ents, will be apportioned, if otherwise in No. 1 (a) (38 U. S. C. ch. 12) or to two § 3.255. order, in accordance with the schedule of these rates entitling under subpara­ * *':'■* * * set out below. Prior to authorizing an graphs (o), no reduction is in order on (Sec. 5, 43 Stat. 608, secs. 1, 2, 46 Stat. apportionment of disability pension as account of being furnished nursing or 1016, sec, 7, 27, 28, 48 Stat. 0, 524, 50 provided herein adequate development attendant’s service. If there is such Stat. 533, sec. 2, 60 Stat. 910; 38 U. S. C. will be accomplished for the purpose of entitlement based on these enumerated 11, 11a, 426, 471a, 471a-3, 707, 722, ch. determining the need therefor and the conditions, it is immaterial whether the 12 note; Pub. Law 876, 80th Cong.) evidence to establish the marital status, veteran is also so helpless as to be in need relationship, and dependency in the case of regular aid and attendance, and no 26. In § 3.255, paragraph (b) is of a parent, will be secured. In any case reduction is in order on this account. amended to read as follows: where there is doubt as to the propriety (3) It is only when entitlement to the § 3.255 Reduction when disabled ver­ of the contemplated action or where, rate under subparagraphs (1) singly, or son is in a Veterans’ Administration in­ after all feasibly available evidence is se­ with another entitlement to the rate stitution or other institution at the cured, there is doubt as to the marital under subparagraphs (1), (m), or (n), expense of the Veterans’ Administration. status or relationship, the case will be so as to qualify under (o), is based solely (Section 1, Public Law 662, 79th Con­ submitted, together with a full state­ upon being so helpless as to be in need gress) * * * ment of the pertinent facts, to the direc­ of regular aid and attendance, i. e., in (b) Where any veteran having neither tor, veterans claims service, central office, the absence of other entitling conditions, wife, child, nor dependent parent is being for an advisory opinion or such other that reduction on this account is in furnished hospital treatment, institu­ action as may be deemed appropriate. order. tional or domiciliary care by the Vet­ Where there is (are) — (4) The reduction in the case of a erans’ Administration and shall be rated A wife but no child or where all children veteran entitled only under subpara­ by the Veterans’ Administration in ac­ are in her custody—Portion to wife, $50.40 graphs (1) on account of helplessness cordance with regulations as being in­ monthly. will be in the amount of $102 (or $81.60). competent by reason of mental illness, A child but no wife—Portion for child, (5) When any veteran is entitled to the pension, compensation or retirement $39.60 monthly. one of the rates under subparagraphs pay for such veteran shall be subject to Two or more children but no wife—Por­ (l) , (m* or (n) by reason of anatomical the provisions of pararaph (a) of this tion for children, $50.40 m onthly (to be di­ losses or losses of use of extremities, vided equally between them). section: Provided, further, That in A dependent parent but no wife or child— blindness, having 5/200 visual acuity or any case where the estate of such in­ Portion for parent, $39.60 monthly. less, or anatomical loss of both eyes, and competent veteran derived from any Two dependent parents but no wife or is also entitled to another rate under source equals or exceeds $1,500, fur­ child—Portion for parents, $50.40 monthly subparagraphs (1) on account of being' ther payments of such benefits will not (to be divided equally between them). so helpless as to be in need of regular be made until the estate is reduced aid and attendance, no condition being to $500. Payment will be discontinued Any increase in pension by reason of considered twice in the determination, effective as of the date of admission or the veteran having attained the age of the rate of pension while not being main­ -the first day of the month following re­ 65 or having been rated permanently and tained and furnished aid and attendance ceipt of evidence showing the estate totally disabled and in receipt of pension in kind will be $360 (or $288) per month. equals or exceeds $1,500, whichever is for a continuous period of 10 years or This amount is subject to reduction to later, or in the event of a readmission . more will be added to the amount al­ $282 (or $225.60) or $318 (or $254.40) per where upon the prior admission the pay­ lowed the dependents as hereinabove month according to which the veteran is ments were discontinued because the described. There will be paid to the entitled apart from helplessness. No veteran had an estate of $1,500, the dis­ manager, if a Veterans’ Administration case will arise in which reduction from continuance will be effective as of the * hospital or center, or such other proper $360 to $240 will be in order, for the date of the readmission, or if not so dis­ official in charge of the institution any reason that the condition entitling to the continued, the discontinuance will be sum remaining unawarded. When the second rate on account of rendering thé' effective the first day of the month fol­ apportionments provided herein are be­ person helpless will necessarily be totally lowing receipt of evidence showing the lieved to work a hardship upon one or disabling, thus entitling, if the basic en­ estate equals or exceeds $1,500. The more parties in interest, recourse then titlement is under subparagraphs (1) or above proviso is not applicable to retired may be had to the provisions of § 3.315 (m) , to one of the rates specified in the officers and enlisted men of the Army, for a special apportionment under the preceding sentence. Note that if the Air Force, Navy, Marine Corps and approved procedure relating thereto. basic entitlement is under subparagraph Coast Guard otherwise within the pro­ Running awards not consistent with (n) , the additional disability rendering visions of section 4 of the act of July 19, the foregoing provisions will not be au­ the person helpless is necessarily ratable 1939, as amended (Comptroller General tomatically reviewed for such purpose at 100%; consequently, the rate of pen­ Decision of May 18, 1948—B-72718). but will be adjusted when the particular sion will be $360 (or $288) per month case otherwise requires award action. whether or not being furnished afd and * * * * * * * * * * (Sec. 5, 43 Stat. 608, secs. 1, 2, 46 Stat. attendance in kind. (Sec. 5, 43 Stat. 608, secs. 1, 2, 46 Stat. (6) In the special case of entitlement 1016, sec. 7, 48 Stat. 9, sec. 1, 60 Stat. 908; under subparagraphs (m) only on ac­ 38 U. S. C. 11, 11a, 426, 707, 739, ch. 12 1016, secs. 4, 7, 48 Stat. 9, sec. 3, 54 SStat. count of blindness of both eyes, render­ note) 1195, sec. 1 (B), 60 Stat. 908; 38 U. S. C. ing him so helpless as to be in need of 27. In § 3.310, paragraph (d) is 11, 11a, 49a note, 426, 704, 707, 739, ch. regular aid and attendance, the reduc­ amended to read as follows: 12 note) tion will be $42 (or $33.60) per month. § 3.310 Apportionments author­ 28. Section 3.1503 of the Provisional (7) Additional pension of $42 (or Regulations is hereby canceled. $33.60) per month under subparagraphs ized. * * * (k), or on account of 50% disability or (d) In thbse cases where an incom­ § 3.1503 Instructions relating to ad­ 100% disability in excess of the condi­ petent veteran with a wife, child, or de­ justment of awards under Public Law tions entitling under subparagraphs (1), pendent parent, and for whom no guar­ 876, 80th Congress. [Canceled.] (m), or (n) is not subject to reduction dian or other legal fiduciary has been on account of being furnished nursing or appointed, is maintained in an institu­ [ seal] O. W. Clark, attendant’s service. tion by the United States or a political Deputy Administrator. The reduced rate of compensation in subdivision thereof, the disability pen­ [F. R. Doc. 49-8167; Filed, Oct. 11, 1949; such instances will be effective as of the sion payablq under Veterans Regulation 8:49 a. m.] 6180 RULES AND REGULATIONS

P art 6—U nited S tates G overnment 2. In Part 8, §§ 8.66 and 8.70 are the matters in controversy as contem­ Life Insurance amended to read as follows: plated by the provisions of section 617 of the National Service Life Insurance Act P art 8— N ational S ervice Life § 8.66 Expenses incident to examina­ of 1940, as amended, as far as the Vet­ I nsurance tions for insurance purposes. Neces­ erans’ Administration is concerned. Fur­ sary transportation expenses incident to MISCELLANEOUS AMENDMENTS ther, the claimant will be informed that physical or mental examinations for an appeal may be taken from the deci­ 1. In Part 6, § 6.150 Is amended to read insurance purposes at regional offices or sion to the Administrator of Veterans’ Af­ as follows: hospitals shall be furnished when the fair's by giving notice in writing within § 6.150 Claims alleging insurance insured is ordered to report for exami­ sixty days from the date of the letter contract where there is no application for nation at the specific request of the advising of the unfavorable decision. insurance on file. In those cases where director of the insurance service con­ The director, underwriting service, will claim is made alleging that a person cerned or the manager of a regional make all original determinations required made valid application for yearly renew­ office or hospital: Provided, Such ex­ by this section except, in death cases, the able term (War Risk) insurance or penses will be borne by the United States determination as to the validity of ben­ United States Government life insurance and will be paid from the appropriation, eficiary designations will be made by the and that the insurance is subject to rein­ ‘‘Salaries and Expenses, Veterans’ Ad­ dependents and beneficiaries claims serv­ statement, or that such insurance ma­ ministration.” Transportation, meal ice in central office or by the claims serv­ tured by reason of the total and and lodging requests in connection with ice in the district office as may be appro­ reporting to and returning from the priate in the particular case. permanent disability or death of the place of examination will be furnished person at a time when the insurance was the applicant provided prior authority (Secs. 601-618, 54 Stat. 1008-1014, secs. in force, and in case of death that there has been given for the travel. Travel 1-16, 60 Stat. 781-789; 38 U. S. C. 512d, was a valid designation of beneficiary, incident to such an examination by sal­ 801-818) or that there is entitlement to total dis­ ability benefits, and where there is no aried employees of the Veterans’ Admin­ [seal] G. W. Clark, istration will be in accordance with the Deputy Administrator. application for insurance on file, the Standardized Government Travel Regu­ claimant will be required to submit all lations. If such an examination is made [F. R. Doc. 49-8168; Filed, Oct. 11, 1949; available evidence concerning the alleged by a medical examiner on a fee basis, the 8:50 a. m.] application for insurance in such manner fee will be based on the ‘‘Guide for and on such forms as may be deemed Charges for Medical Service”, current necessary. The evidence submitted by Veterans’ Administration Catalog No. 5, TITLE 39— POSTAL SERVICE the claimant and the evidence as dis­ in force at the time the examination is closed by records in possession of the made. Chapter I— Post Office Department Government relative to the question as to whether the person made a valid ap­ § 8.70 Claims alleging insurance con­ P art 127—I nternational P ostal S ervice: plication for insurance will be consid­ tract where there is no application for P ostage R ates: S ervice Available, and ered and if found sufficient to establish insurance on file. In those cases where I nstructions for M ailing as a fact that the said person did claim is made alleging that a person apply for insurance and if the other al­ made valid application for National Serv­ MEXICO legations of said claim are sustained a ice life insurance and that the insurance In § 127.304 Mexico (13 F. R. 9185, 14 record of insurance will be established in is subject to reinstatement or a waiver F. R. 5243), amend subdivision (i) of accordance with such findings. How­ of payment of premiums is in order, or paragraph (b) (9) by deleting all of sub­ ever, if it be determined that the evidence division (i) following the list of prohib­ is not sufficient to establish as a fact that the insurance matured by reason of the death of the insured at a time when ited articles and inserting in lieu thereof that the said person applied for insur­ the following: ance as alleged, or determined that any the insurance was in force and that there (b) Parcel post. * * * insurance applied for as alleged would was a valid designation of beneficiary, (9) Prohibitions. * * * not be valid or not subject to reinstate­ and where there is no application for in­ dir) Certain of the above listed items ment, or determined that the said per­ surance on file, the claimant will be re­ may be imported into specific areas of son did not become permanently and quired to submit all available evidence »Mexico known as free zones, free perim­ totally disabled or die at a time when the concerning the alleged application for eters, and free ports. These free areas insurance would have been in force if insurance in such manner and on such are generally located in outlying districts insurance had been applied for, or in case forms as may be deemed necessary. The of the country. Specific information of death if it be determined that.there evidence submitted by the claimant and regarding them may be obtained by in­ was no valid designation of beneficiary, the evidence as disclosed by records in terested patrons from the American Re­ the claimant will be so informed and possession of the Government relative to publics Branch, Office of International will be notified that unless he desires to the question as to whether the person Trade, Department of Commerce, Wash­ appeal to the Administrator a disagree­ made a valid application for insurance ington 25, D. C., or any Commerce De­ ment exists as to the matters in contro­ will be considered and if found sufficient partment field office located in the versy as contemplated by the provisions to establish as a fact that the said person principal cities of the United States. of section 19 of the World War Veterans did apply for insurance and if the other (iii^ No parcel-post or regular-mail Act, 1924, as amended, as far as the Vet­ allegations of said claim are sustained packages for delivery in Mexico contain­ erans’ Administration is concerned. a record of insurance will be established ing any of the items listed above as pro­ Further, the claimant will be informed in accordance with such findings. How­ hibited may be accepted for mailing that an appeal may be taken from the ever, if it be determined that the evidence unless addressed to one of the free areas, decision to the Administrator of Veterans’ is not sufficient to establish as a fact that or unless the sender has received assur­ Affairs by giving notice in writing within the said person applied for insurance as ance that the addressee will be permitted sixty days from the date of the letter ad­ alleged, or determined that any insur­ to receive the contents. In such cases, vising of the unfavorable decision. The ance applied for as alleged, would not be the sender must endorse the wrapper director, underwriting service, will make valid or not subject to reinstatement, or “Importation into Mexico authorized” or all original determinations required by determined that the said person did not similarly. this section except, in death cases, the die at a time when the insurance would determination as to the validity of bene­ (R. S. 161, 396, 398, secs. 304, 309, 42 have been in force if insurance-had been Stat. 24, 25, 48 Stat. 943; 5 U. S. C. 22, ficiary designations will be made by the applied for, or in case of death if it be dependents and beneficiaries claims determined that there was no valid des­ 369, 372) service in central office. ignation of beneficiary, the claimant will [seal] J. M. D onaldson, (Secs. 5, 300, 301, 43 Stat. 608, 624, secs. be so informed and will be notified that Postmaster General. 1, 2, 46 Stat. 1016; 38 U. S. C. 11. 11a, unless he desires to appeal to the Ad­ [F. R. Doc. 49-8144; Filed, Oct. 11, 1949; 426, 511, 512, 707) ministrator a disagreement exists, as to 8:45 a. m.] Wednesday, October 12, 1949 FEDERAL REGISTER 6181

TITLE 49— TRANSPORTATION merce Act transporting in switch and Service, Interstate Commerce Commis­ line-haul movement trainload shipments sion, Washington, D. C., to meet specific Chapter I— Interstate Commerce of 1,800 tons, or more, of bauxite ore needs or exceptional circumstances. Commission concentrates from the Reynolds Metals (f) Effective date. This section shall Company, Bauxite, Arkansas, shall for­ become effective at 12:01 a. m., October [S. O. 842] ward each individual carload consisting 6, 1949. of part of a shipment made under sec­ P art 95—Car S ervice (g) Expiration date. This section tion 1, Item 1605 of Agent L. E. Kipp’s shall expire at 11:59 p. m., December 6, TRAINLOADS OF BAUXITE ORE CONCENTRATES I. C. C. 1521, or as amended, within one 1949, unless otherwise modified, changed, At a session of the Interstate Com­ day (24 hours) after the first 7 a. m. suspended or annulled by order of the merce Commission, Division 3, held at after the car is loaded. Commission. its office in Washington, D. C., on the 5th (b) Cars comprising minimum train­ load must be moved within three days (Sec. 1, 24 Stat. 379, as amended; 49 day of October A. D. 1949. U. S. C. 1 (10)—(17) ) It appearing, that the loading of box (72 hours). Each common carrier by, cars with bauxite ore concentrates by the railroad shall forward all carloads com­ It is further ordered, that a copy of Reynolds Metals Company, Bauxite, Ar­ prising minimum trainload shipment this order and direction be served upon kansas, and the assembling and for­ mentioned in paragraph (a) of this sec­ the Association of American Railroads, warding of the loaded cars in trainload tion from Bauxite, Arkansas, within Car Service Division, as agent of the rail­ lots of 1,800 tons, or more, by common three days (72 hours) after the first 7 roads subscribing to the car service and carriers by railroad are impeding the use, a. m. after the first car is loaded. per diem agreement under the terms of control, supply, movement, distribution, (c) Exceptions. Box cars in which that agreement; and that notice of this exchange, and interchange of such cars; mechanical defects have developed after order be given to the general public by in the opinion of the Commission an loading. depositing a copy in the office of the Sec­ emergency exists at Bauxite, Arkansas, (d) Computing time. In computing retary of the Commission at Washington, requiring immediate action: It is ordered, D. C., and by filing it with the Director, the time under this section Saturdays, Division of the Federal Register. that: Sundays, and all holidays shall be in­ § 95.842 Trainloads of bauxite ore cluded. By the Commission, Division 3. concentrates—(a) Shipments of bauxite (e) Special and general permits. The [seal] , W. P. B artel, ore concentrates to be forwarded within provisions of this section shall be sub­ Secretary. one day (24 hours). Common carriers by ject to any special or general permits is­ [F. R. Doc. 49-8164; Filed, Oct. 11, 1949; railroad subject to the Interstate Com- sued by the Director of the Bureau of 8:48 a. m.]

PROPOSED RULE MAKING

DEPARTMENT OF AGRICULTURE firm, well formed, of smooth texture for mushy condition, split or protruding the variety; free from decay, broken navels, sprayburn, fumigation, ammonia­ Production and Marketing skins which are not healed, hard or dry tion, creasing, scars, green spots, scale, Administration skins, growth cracks, bruises (except sunburn, dirt or other foreign materials, those incident to proper handling and disease, insects or mechanical or other [ 7 CFR, Part 51 ] packing), dryness or mushy condition, means. Stems shall be properly clipped. United S tates S tandards for O ranges and from injury caused by split, rough, (See Tolerances.) in California and Arizona wide or protruding navels, sprayburn, (4) U. S. Combination grade. Any lot fumigation, ammoniation, creasing, scars, of oranges may be designated “U. S. Com­ NOTICE OF PROPOSED RULE MAKING green spots, scale, sunburn, dirt or other bination” when not less than 40 percent, Notice is hereby given under the au­ foreign materials, disease, insects or me­ by count, of the oranges in each container thority contained in the Department of chanical or other means. Stems shall meet the requirements of U. S. No. 1 grade Agriculture Appropriation Act, 1950 be properly clipped. (See Tolerances.) and the remainder U. S. No. 2 grade. (Pub. Law 146, 81st Cong., approved (2) U. S. No. 1. U. S. No. 1 shall con­ (See Tolerances.) June 29,1949) that the United States De­ sist of oranges of similar varietal charac­ (5) U. S. No. 3. U. S. No. 3 shall con­ partment of Agriculture is considering teristics which are mature, firm, well sist of oranges of similar varietal char­ the issuance of United States Standards formed, of fairly smooth texture for the acteristics which are mature, which may for Oranges (California and Arizona). variety; free from decay, broken skins be slightly spongy, misshapen, rough, but These standards will supersede the which are not healed, hard or dry skins, not seriously lumpy, which are free from United States Standards for Oranges growth cracks, bruises (except those in­ decay, broken skins which are not healed, (California and Arizona) that have been cident to proper handling and packing), hard or dry skins, and from serious dam­ in effect since March 15, 1941. and from damage caused by dryness or age caused by growth cracks, bruises, All persons who desire to submit mushy condition, split, rough, excessively dryness or mushy condition, and from written data, views or arguments for con­ wide or protruding navels, sprayburn, very serious damage caused by split sideration in connection with the pro­ fumigation, ammoniation, creasing, navels, sprayburn, fumigation, ammonia­ posed standards shall file the same with scars, green spots, scale, sunburn, dirt or tion, creasing, scars, green spots, scale, M. W. Baker, Assistant Director, Fruit other foreign materials, disease, insects, sunburn, dirt or other foreign materials, and Vegetable Branch, Production and or mechanical or other means. Each disease, insects or mechanical or other Marketing Administration, United States fruit shall be well colored, except Valen­ means. Stems shall be properly clipped. Department of Agriculture, South Build­ cia oranges which shall be at least fairly (See Tolerances.) ing, Washington 25, D. C., not later than well colored. Stems shall be properly (b) Unclassified. Unclassified shall 5:30 p. m., e. s. t. on the 30th day after clipped. (See Tolerances.) consist of oranges which have not been the publication of this notice in the (3) U. S. No. 2. U. S. No. 2 shall con­ classified in accordance with any of the F ederal R egister. sist of oranges of similar varietal char­ foregoing grades. The term “unclassi­ acteristics which are mature, fairly well fied” is not a grade within the meaning The proposed standards are as follows: colored, fairly firm, and which may be of these standards but is provided as a § 51.301 Standards for oranges (Cal­ slightly misshapen but not excessively designation to show that no definite ifornia and Arizona)—(a) Grades—(1) rough; which are free from decay, broken grade has been applied to the lot. U. S. Fancy. U. S. Fancy shall consist skins which are not healed, hard or dry (c) Tolerances. In order to allow for of oranges of similar varietal character­ skins, growth cracks, and from serious variations incident to proper grading istics which are mature, well colored, damage caused by bruises, dryness or and handling in each of the foregoing 6182 PROPOSED RULE MAKING grades, the following tolerances are pro­ in boxes, shall be arranged according to (4) “Well formed” means that the vided as specified: the approved and recognized methods. fruit shows the normal shape character­ (1) U. S. Fancy, U. S. No. 1, U. S. No. Each wrapped fruit shall be fairly well istic of the variety. 2 and U. S. No. 3 grades. Not more than wrapped. (5) “Smooth” means that the skin is 10 percent, by count, of the fruit in any (2) All packages shall be well filled, of fairly fine grain, the “pebbling” is not lot may be below the requirements of but the contents shall not shoyr excessive pronounced, and any furrows radiating the specified grade, other than for color, or unnecessary bruising because of over­ from the stem end are short and shallow. but not more than one-twentieth of this filled packages. The fruit shall be (6) "Injury” means any defect which amount, or one-half of 1 percent, shall tightly packed. more than slightly affects the appear­ be allowed for decay at shipping point: (3) When oranges are packed in ance, or edible or shipping quality of the Provided, That an additional tolerance standard nailed boxes, each box shall fruit. Any one of the following defects, of 2 V2 percent, or a total of not more show a minimum bulge of 1lU inches. or any combination of defects, the seri­ than 3 percent, shall be allowed for de­ (4) “Uniform in size” means that not ousness of which exceeds the maximum cay enroute or at destination. In ad­ more than 10 percent, by count, of the allowed for any one defect, shall be con­ dition, not more than 10 percent, by oranges in any container may be one sidered as injury: count, of the fruit in any lot may not standard size larger or smaller than the (i) Navels with any unhealed split or meet the requirements relating to color. standard size orange for the count any split more than one-eighth of- an (2) U. S. Combination grade. Not packed. inch in length. Navals which protrude more than 10 percent, by count, of the (5) Example of standard size orange. beyond the general contour of the orange, fruit in any lot may be below the re­ The standard size orange for a 200 count or those which are flush with the gen­ quirements of this grade, other than for is that size orange which will pack eral contour but with the opening so color, but not more than one-twentieth tightly 200 oranges of uniform size when wide, considering the size of the fruit, of this amount, or one-half of 1 percent, packed according to the approved and or the navel growth so folded or ridged, shall be allowed for decay at shipping recognized method. that it detracts noticeably from the ap­ point: Provided, That an additional tol­ (6) In order to allow for variations pearance of the orange. erance of 2 V2 percent, or a total of not incident to proper packing, not more (ii) Sprayburn which changes the more than 3 percent, shall be allowed than 5 percent oi the containers in any color to such an extent that the appear­ for decay enroute or at destination. lot may not meet the requirements for ance of the fruit is noticeably injured, This 3 percent tolerance may be used to the standard pack. or which causes scarring that aggregates reduce the percentage of U. S. No. 1 (f) Standards for export. (1) Not more than one-half of an inch in grade required in the combination, pro­ more than a total of 10 percent, by count, diameter. vided the affected fruits meet the re­ of the oranges in any container may be (iii) Fumigation injury which notice­ quirements of U. S. No. 1 grade in other soft, affected by decay, have broken ably detracts from the appearance of the respects. In addition, not more than 10 skins which are not healed, growth fruit, nr which occurs as small, thinly percent, by count, of the fruit in any lot cracks, or be damaged by creasing or scattered spots over more than 10 per­ may not meet the requirements of the skin breakdown, or seriously damaged by cent of the fruit surface, or as solid or U. S. No. 2 grade for color. No part of split or protruding navels, or by dryness depressed scarring which aggregates any tolerance, other than that for decay, or mushy condition, except that: more than one-fourth of an inch in shall be allowed to reduce for the lot as (1) Not more than one-half of 1 per­ diameter. a whole the percentage of U. S.'No. 1 cent shall be allowed for oranges affected (iv) Ammoniation which noticeably in the combination, but individual con­ by decay. detracts from the appearance of the tainers may have not more than a total (ii) Not more than 3 percent shall fruit, or which occurs as small, thinly of 10 percent less than the percentage have broken skins which are not healed. scattered spots over more than 10 per­ of U. S. No. 1 specified: Provided, That (iii) Not more than 3 percent shall cent of the fruit surface, or as solid the entire lot averages within the per­ have growth cracks. scarring which aggregates more than centage specified. (iv) Not more than 5 percent shall be one-fourth of an inch in diameter. (d) Application of tolerances to indi­ soft. (v) Slight creasing which is more than vidual packages. (1) The contents of (v) Not more than 5 percent shall be barely visible, or which extends over individual packages in the lot, based on damaged by creasing. more than 20 percent of the fruit surfaee. sample inspection, are subject to the fol­ (vi) Not more than 5 percent shall be (vi) Scars which are very dark and lowing limitations: Provided, That the seriously damaged by split or protruding more than one-eighth of an inch in averages for the entire lot are within navels. diameter. the tolerances specified for the grade. (vii) Not more than 5 percent shall be (vii) Scars which are dark, rough, or (2) For packages which contain more seriously damaged by dryness or mushy deep and aggregate more than one- than 25 pounds, and a tolerance of 10 condition. fourth of an inch in diameter. percent or more is provided, individual (viii) Not more than 5 percent shall be (viii) Scars which are fairly light in packages in any lot shall have not more damaged by skin breakdown. color, slightly rough, or of slight depth than one and one-half times the toler­ (2) Any lot of oranges shall be con­ and aggregate more than one-half of ance specified. For packages which sidered as meeting the standards for ex­ an inch in diameter. contain more than 25 pounds and a tol­ port if the entire lot averages within the (ix) Scars which are light colored, erance of less than 10 percent is pro­ requirements specified: Provided, That fairly smooth, with no depth and aggre­ vided, individual packages in any lot shall no sample from the containers in any gate more than 5 percent of the fruit have not more than double the toler­ lot shall have more than double the surface. ance specified, except that at least one percentage specified for any one defect, (x) Green spots which are depressed decayed or very seriously damaged fruit and that not more than a total of 10 or soft, or are more than four in num­ may be permitted in any package. percent, by count, of the oranges in any ber, or which aggregate more than three- (3) For packages which contain 25 container has any of the defects enumer­ fourths of an inch in diameter. pounds or less, individual packages in ated in the standards for export. (xi) Scale, when more than 5 medium any lot are not restricted as to the per­ (g) Definitions. (1) “Similar varietal to large California red or purple scale centage of defects: Provided, That not characteristics” means that the fruits in are adjacent to the “button” at the stem more than one orange which is seriously any container are similar in color and end, or are scattered over the fruit; or - damaged by dryness or mushy condition type. any scale which affects the appearance or very seriously damaged by other (2) “Well colored” means that the of the fruit to a greater extent. means may be permitted in any package fruit is yellow or orange in color, with (xii) Sunburn which appreciably and, in addition, enroute or at destina­ not more than a trace of green at the changes the normal color or shape of tion not more than 10 percent of the stem end, and not more than 15 percent the fruit, or affects more than 10 percent packages may have more than one de­ of the remainder of the surface of the of the fruit surface. cayed fruit. fruit showing green color. (7) “Fairly smooth” means that the (e) Standard pack. (1) Oranges (3) “Firm” means that the fruit is not skin does not feel noticeably rough or shall be uniform in size and, when packed soft or noticeably wilted or flabby. coarse. The size of the fruit should be Wednesday, October 12, 1949 FEDERAL REGISTER 6183 considered in judging texture, as large ber, or which aggregate more than one (viii) Scars which are dark, rough, or fruit is not usually as smooth as the inch in diameter. deep and aggregate more than 10 percent small. It is common for the fruit to (xii) Scale, when more than 10 med­ of the fruit surface. show larger and coarser “pebbling” on ium to large California red or purple (ix) Scars which are fairly light in the stem end portion than on the blos­ scale are adjacent to the “button” at the color, slightly rough or of slight depth som end. The presence of slight fur­ stem end, or are scattered over the fruit, and aggregate more than 15 percent of rows or grooves on the stem end portion or any scale which affects the appear­ the fruit surface. of the fruit is a common condition in ance of the fruit to a greater extent. (x) Scars which are light colored, certain varieties, and the fruit shall not (xiii) Sunburn which causes appre­ fairly smooth, with no 'depth and aggre­ be considered as slightly rough unless ciable flattening of the fruit, drying or gate more than 25 percent of the fruit they are of sufficient depth, length, and darkening of the skin, or affects more surface. number to materially affect the appear­ than 25 percent of the fruit surface. (xi) Green spots which are soft, or ance and smoothness of the orange. (9) . “Fairly well colored” means thataggregate more than 2 inches in di­ (8) “Damage” means any .injury the yellow or orange color predominates ameter. which materially affects the appearance, on the fruit. (xii) Scale, when California red or pur­ or edible or shipping quality of the fruit. (10) “Fairly firm” means that the ple scale is concentrated as a ring or Any one of the following defects, or any fruit may be slightly soft but is not de­ blotch, or which is more than thinly combination of defects, the seriousness cidedly flabby. scattered over the fruit surface, or any of which exceeds the maximum allowed (11) “Slightly misshapen” means that scale which affects the appearance of the for any one defect, shall be donsidered the fruit is not of the shape character­ fruit to a greater extent. as damage: istic of the variety but is not decidedly (xiii) Sunburn which causes decided • (i) Dryness or mushy condition, when flattened, pointed, extremely elongated, flattening of the fruit, drying or dark affecting all segments more than one- or otherwise badly deformed. discoloration of the skin, or affects more fourth of an inch at the stem end, or the (12) “Excessively rough” means that than one-third of the fruit surface. equivalent of this amount, by volume, the skin is decidedly rough, badly folded, (xiv) Growth cracks that are leaking, when occurring in other portions of the badly ridged, or decidedly lumpy. Heavily gummy, or not well healed. fruit. “pebbled” skin shall not be considered (14) “Slightly spongy” means the fruit (ii) Any unhealed split or more than as excessively rough. is puffy or slightly wilted but not flabby. three well-healed splits at the navel, or (13) “Serious damage” means any in­ (15) “Misshapen” means that the fruit any split which is more than one-fourth jury which seriously affects the appear­ is decidedly flattened, pointed, extremely of an inch in length. Navels which flare, ance, or edible or shipping quality of the elongated or otherwise deformed. bulge, or protrude beyond the general fruit. Any one of the following defects, (16) “Very serious damage” means contour of the orange to such an extent or any combination of defects, the seri­ any injury which very seriously affects that they are subject to mechanical in­ ousness of which exceeds the maximum the appearance, or edible or shipping jury in the process of grading, handling allowed for any one defect, shall be con­ quality of the fruit. Any one of the fol­ and packing; or navels with the opening sidered as serious damage: lowing defects, or any combination of so wide, considering the size of the or­ (i) Dryness or mushy condition, when defects, the seriousness of which exceeds ange, or the navel growth so folded and affecting all segments more than one- the maximum allowed for any one de­ ridged, that it detracts materially from half of an inch at the stem end, or the fect, shall be considered as very serious the appearance of the orange. equivalent of this amount, by volume, damage: (iii) Sprayburn which changes the when occurring in other portions of the (i) Split navels which are leaking, color to such an extent that the appear­ fruit. gummy or not well healed. ance of the fruit is materialy injured, (ii) Any unhealed split or any split (ii) Sprayburn which seriously affects or which causes scarring that aggregates more than one-half inch in length, or more than 25 percent of the fruit sur­ more than one-half of an inch in diam­ splits aggregating more than one inch in face. eter. length. Navels which protrude beyond (iii) Fumigation injury which causes (iv) Fumigation injury which materi­ the general contour of the orange to deep, rough, or dark scarring which ag­ ally detracts from the appearance of the such an extent that they are a likely gregates more than 25 percent of the fruit, or which occurs as small, thinly source of mechanical injury during the fruit surface. scattered spots over more than 25 per­ process of grading, handling and pack­ (iv) Ammoniation which aggregates cent of the fruit surface, or as solid scar­ ing; or navels with the opening so wide, more than 10 percent of the fruit surface, ring or depressions which aggregate more considering the size of the orange, or the or causes serious cracks. than one-half of an inch in diameter. navel growth so badly folded and ridged, (v) Creasing which is so deep or ex­ (v) Ammoniation which materially that it detracts seriously from the ap­ tensive that the skin is very seriously detracts from the appearance of the pearance of the orange. weakened. fruit, or which occurs as small, thinly (iii) Sprayburn which changes the (vi) Scars which are very dark, very scattered spots over more than 25 percent color to such an extent that the appear­ rough, or very deep and aggregate more of the fruit surface, or as solid scarring ance of the fruit is seriously injured, or than 10 percent of the fruit surface. (not cracked) which aggregates more which causes scarring that aggregates (vii) Scars which are dark, rough, or than one-half of an inch in diameter. more than 10 percent of the fruit surface. deep and aggregate more than 25 percent (vi) Creasing which materially weak­ (iv) Fumigation injury which occurs of the fruit surface. ens the skin, or which extends over more as small, thinly scattered spots over more (viii) Green spits which are badly than one-third of the fruit surface. sunken, or soft. than one-half of the fruit surface, or (ix) Scale so numerous or large that (vii) Scars which are very dark and solid scarring or depressions which ag­ aggregate more than one-fourth of an the appearance of the fruit is very seri­ gregate more than 5 percent of the fruit ously affected. inch in diameter. surface. (viii) Scars which are dark, rough or (x) Sunburn - which seriously affects deep and aggregate more than one-half (v) Ammoniation which occurs as more than one-third of the fruit sur­ of an inch in diameter. small, thinly scattered spots over more face, or causes dark discoloration aggre­ (ix) Scars which are fairly light in than one-half of the fruit surface, or gating more than 5 percent of the fruit color, slightly rough, or of slight depth solid scarring (not cracked) which ag­ surface. and aggregate more than one inch in gregates more than 5 percent of the fruit Done at Washington, D. C., this 7th diameter. surface. day of October 1949. (vi) Creasing which seriously weak­ (x) Scars which are light colored, [seal] J ohn I. T hompson, fairly smooth, with no depth and aggre­ ens the skin, or which is distributed over Assistant Administrator, Pro­ gate more than 10 percent of the fruit practically the entire fruit surface. • duction and Marketing Ad­ surface. (vii) Scars which are very dark and ministration. (xi) Green spots which are depressed aggregate more than 5 percent of the [F. R. Doc. 49-8175; Filed, Oct. 11, 1949; or soft, or are more than seven in num- fruit surface. 8:51 a. m.] 6184 PROPOSED RULE MAKING

[ 7 CFR, Part 725 ] defined as a normal year’s domestic con­ tional marketing quota is proclaimed for sumption and exports, plus 175 per cen­ the 1950-51 marketing year, the Secre­ B urley and F lue-C ured T obacco tum of a normal year’s domestic con- ’ tary shall conduct a referendum of NOTICE OF DETERMINATIONS TO BE MADE sumption, and 65 per centum of a normal farmers who were engaged in the pro­ WITH RESPECT TO MARKETING QUOTAS FOR year’s exports. A “normal year’s domes­ duction of the 1949 crop of Burley to­ BURLEY TOBACCO FOR 1950-51 MARKETING tic consumption” of Burley tobacco for bacco to determine whether such farmers YEAR the 1949-50 marketing year is defined as are in favor of or opposed to such quota. the yearly average quantity produced in If more than one-third of the farmers Pursuant to the authority contained the United States, and consumed in the voting in the referendum oppose such in the Agricultural Adjustment Act of United States during the ten marketing quota, the quota shall not be effective 1938, as amended, the Secretary of Agri­ years, 1939-40 through 1948-49, adjusted thereafter. The Secretary is also re­ culture is preparing to determine for current trends in such consumption. quired to submit to such farmers the whether marketing quotas on Burley A “normal year’s exports” of Burley question of whether they favor market­ tobacco are required to be proclaimed for tobacco for the 1949-50 marketing year ing quotas for a period of three years, the 1950-51 marketing year, and, if so, is defined as the average quantity pro­ beginning with the 1950-51 marketing the amount of the national marketing duced in the United States which was year. If two-thirds of the farmers vot­ quota and the apportionment of the exported from the United States during ing on this question favor marketing quota among the several States. the ten marketing years, 1939-40 The Agricultural Adjustment Act of quotas for such three-year period, the through 1948-49, adjusted for current Secretary is required to proclaim mar­ 1938, as amended (7 U. S. C. 1312 (a)), trends in such exports. provides that whenever the Secretary keting quotas for such period. The Act (7 U. S. C. 1313 (a) ) requires In making the determinations as to finds that the total supply of tobacco as the Secretary to apportion the national of the beginning of the marketing year marketing quota, less the amount to be whether marketing quotas are required then current exceeds the reserve supply allotted under subsection (c) of section to be proclaimed on Burley tobacco for level therefor, the Secretary shall pro­ 1313 (small farms and “new” farms), the 1950-51 marketing year, and, if so, claim the amount of such total supply among the several States on the basis of the amount of the national marketing and, beginning on the first day of the the total production of tobacco in each quota, the apportionment of the quota marketing year next following and con­ State, during the five calendar years among the several States, and the con­ tinuing throughout such year, a national version of State marketing quotas into marketing quota shall be in effect for immediately preceding the calendar year the tobacco marketed during such mar­ in which the quota is proclaimed with State acreage allotments, consideration keting year. The act provides further such adjustments as are determined to will be given to any data, views, and that the Secretary shall also determine be necessary to make correction for ab­ recommendations pertaining thereto and specify in such proclamation the normal conditions of production, for which are submitted in writing to the amount of the national marketing quota small farms, and for trends in produc­ Director, Tobacco Branch, Production tion, giving due consideration to seed and Marketing Administration, United in terms of the total quantity of tobacco bed and other plant diseases during such which may be marketed, which will make five-year period. States Department of Agriculture, Wash­ available during such marketing year ington 25, D. C. All submissions must a supply of tobacco equal to the reserve The act (7 U. S. C. 1313 (g) authorizes the Secretary to convert the State mar­ be postmarked not later than October 22, supply level. 1949. The act (7 U. S. C. 1301 (b)) defines keting quota into a State acreage allot­ the “total supply” of Burley tobacco for ment on the basis of average yield per Issued at Washington, D. Ç., this 7th the 1949-50 marketing year as the carry­ acre of tobacco for the State during the day of October 1949. over on October 1,1949, the beginning of five years last preceding the year in which the national marketing quota is [seal] F rank K. W oolley, the Burley tobacco marketing year, plus Acting Administrator. the estimated 1949 production in the proclaimed, adjusted for abnormal con­ United States. “Reserve supply level” is ditions of production. O ctober 7, 1949. defined as a normal supply plus 5 per The act (7 U. S. C. 1312 (b) ) provides [F. R. Doc. 49-8176; Filed, Oct. 11, 1949; centum thereof. A “normal supply” is further that within 30 days after a na­ 8:51 a. m.]

NOTICES

DEPARTMENT OF AGRICULTURE Interested persons who wish to be heard public convenience and necessity in the in the matter shall notify the Hearing above-designated matter. Production and Marketing Clerk, United States Department of [seal] Leon M. F uquay, Administration Agriculture, Washington 25, D. C., within Secretary. 15 days from the date of the publication [P. & S. Docket No. 402] of this notice. [F. R. Doc. 49-8158; Filed, Oct. 11, 1949; 8:47 a. m.] M arket A gencies at U nio n S tock Y ards, Done at Washington, D. C., this 10th Chicago, II I. day of October 1949. notice of petition for continuation of [seal] K atherine L. M ason, [Docket No. 0-1214] temporary rates Hearing Clerk. Pursuant to the provisions of the [F. R. Doc. 49-8199; Filed, Oct. 11, 1949; Colorado I nterstate G as Co. Packers and Stockyards Act, 1921, as 8:52 a. m.] ORDER FIXING DATE FOR ORAL ARGUMENT amended (7 U. S. C. 181 et seq.), an order was issued on October 27, 1948 (7 A. D. O ctober 6,1949. 974) authorizing respondents to assess FEDERAL POWER COMMISSION On October 3, 1949, exceptions were the charges presently in effect for a pe­ [Docket No. G-1153] filed to the Presiding Examiner’s deci­ riod of one year beginning November 2, sion entered on September 2,1949, in the 1948. M ississip p i R iver F uel Corp. above-entitled proceedings by Colorado On October 7, 1949, the Livestock NOTICE OF ORDER DISMISSING APPLICATION Interstate Gas Company, Public Service Branch, Production and Marketing Ad­ FOR WANT OF PROSECUTION Company of Colorado, the City of Colo­ ministration, filed a petition requesting rado Springs, Colorado, and the Staff of that an order be issued continuing in O ctober^ , 1949. the Federal Power Commission. effect all of the provisions of the order Notice is hereby given that, on Oc­ In addition to the exceptions filed, dated October 27, 1948, to and including tober 5, 1949, the Federal Power Com­ Public Service Company of Colorado also November 1, 1950. mission issued its order entered October filed on October 3, 1949, a separate mo­ Notice of the filing of the petition is 4, 1949, dismissing, for want of prosecu­ tion for oral argument before the Com­ hereby given to all interested persons. tion, the application for certificate of mission with respect to that portion of Wednesday, October 12, 1949 FEDERAL REGISTER 6185 the Presiding Examiner’s decision relat­ The estimated cost of the proposed arising out of the acts or omissions of ing to Original Volume No. 1. Colorado facilities is $512, which Applicant pro­ field and project employees under their Interstate Gas Company included in its poses to finance out of cash on hand. jurisdiction. exceptions a motion for oral argument Protests or petitions to intervene may Section II e, f, and g, which appeared before the Commission with respect to be filed with the Federal Power Commis­ at 14 F. R. 1625, are amended as fol­ Original Volumes Nos. 1 and 2. sion, Washington 25, D. C., in accordance lows, and section II h, i, and j are re­ The Commission finds: It is appropri­ with the rules of practice and procedure numbered accordingly section II g, h, ate that the aforesaid motions be granted (18 CFR 1.8 or 1.10) within 15 days from and i: and that oral argument in the proceed­ the date of publication hereof in the e. The Administrative and Fiscal Divi­ ings be had before the Commission as F ederal R egister. The application is on sion. ' The Administrative and Fiscal hereinafter ordered. file with the Commission for public Division is headed by an Assistant Com­ The Commission orders: Oral argu­ inspection. missioner for Administration who is ment be had before the Commission on [seal] Leon M. F uquay, delegated the powers set forth in sub- October 20,1949, at 10:00 a. m. (e. s. t.), Secretary. paragraphs 2, 3, 4, 5, and 6 of this para­ in the Hearing Room of the Federal graph, and in connection with low-rent Power Commission, 1800 Pennsylvania [F. R. Doc. 49-8157; Filed, Oct. 11, 1949; 8:47 a. m.] projects, the power to approve estimates Avenue NW., Washington, D. C. of average annual expense. Date of issuance: October 7, 1949. 1. The Administrative and Fiscal Di­ vision is composed of the Fiscal Branch, By the Commission. [Docket Nos. ID-885, ID-1122] headed by a Comptroller, and the Audit, [seal] Leon M. F uquay, Budget, Personal Property, Personnel Secretary. E rnest S. F ields and J osephlP aul O ’B rien and Planning, Document Control, and notice of authorizations Office Services Branches, each headed [F. R. Doc. 49-8165; Filed, Oct. 11, 1949; by a Director. 8:48 a. m.] October 6, 1949. 2. The Comptroller is delegated the Notice is hereby given that, on October power: 5, 1949, the Federal Power Commission (a) To execute sales contracts, and issued its orders entered October 4, 1949, other contracts incidental thereto, be­ [Docket No. G-1223] in the above-designated matters, author­ tween the government and individual S outhern N atural G as Co. izing Applicants to hold certain positions occupants of subsistence homestead in the Cincinnati Gas & Electric Com­ projects and between the government NOTICE OF ORDER MODIFYING ORDER ISSUING pany, et al., pursuant to section 305 (b) and associations or corporations pur­ CERTIFICATE OF PUBLIC CONVENIENCE AND of the Federal Power Act. chasing such projects, or parts thereof; NECESSITY (b) To approve banks proposed or se­ O ctober 6, 1949. [ seal] Leon M. F uquay, Secretary. lected by local housing authorities as Notice is hereby given that, on October depositaries or fiscal agents in compli­ 5, 1949, the Federal Power Commission [F. R. Doc. 49-8160; Filed, Oct. 11, 1949; ance with contracts for loans and annual issued its order entered October 4, 1949, 8:47 a. m.] contributions, to approve fees payable modifying order of August 29,1949, pub­ to the fiscal agents and to approve the lished in the F ederal R egister on Sep­ use of banks or depositaries for PHA tember 8, 1949 (14 F. R. 5527), issuing directly operated, leased, or conversion- certificate of public convenience and ne­ [Project No. 1956] management projects; cessity in the above-designated matter. Lyles F ord T ri-C ounty P ower (c) To execute Requisition Agree­ [ seal] Leon M. F uquay, Authority ments pursuant to the United States Secretary. Housing Act of 1937, as amended, and notice of order extending time of Public Law No. 671, approved June 28, [F. R. Doc. 49-8159; Filed, Oct. 11, 1949; PRELIMINARY PERMIT 1940; 8:47 a. m.] O ctober 6, 1949. (d) To accept the service of process Notice is hereby given that, on October pursuant to attachment or garnishment 5, 1949, the Federal Power Commission proceedings- served upon the Public issued its order entered October 4, 1949, Housing Administration with regard to [Docket No. G-1286] extending to October 27,1951, the period any debtor-employee, to execute all U nited G as P ipe Lin e Co. of preliminary permit in the above-des­ necessary and proper documents re­ ignated matter. quired in connection therewith, and notice of application appear to testify for the PHA when so [ seal] Leon M. F uquay, O ctober 6, 1949. Secretary. ordered by a court of competent juris­ Take notice that United Gas Pipe Line diction and upon proper legal notice; [F. R. Doc. 49-8161; Filed, Oct. 11, 1949; (e) To consider, ascertain, adjust, de­ Company (Applicant), a Delaware cor­ 8:47 a. m.] poration, having its principal place of termine, and settle claims against the business at 1525 Fairfield Avenue, United States not in excess of $1000 arising out of the acts or omissions of Shreveport, Louisiana, filed on Septem­ HOUSING AND HOME FINANCE ber 30, 1949, an application for a cer­ Central Office employees pursuant to the tificate of public convenience and AGENCY Federal Tort Claims Act (Title IV, PL- necessity pursuant to section 7 of the 601, 79th Congress, as amended by PL-55, Natural Gas Act, authorizing the con­ Public Housing Administration 81st Congress). struction and operation of certain nat­ D escription of A gency and P rograms and The Deputy Comptrollers are delegated ural-gas transmission pipe-line facilities F inal D elegations of Authority the powers set forth in paragraphs 2 (a) through (d) above. hereinafter described. Section II d, Field Operations Division, Applicant proposes to transport and 3. The powers delegated in subpara­ sell natural gas to United Gas Corpora­ which appeared at 14 F. R. 3454 and graphs (b) and (c) of paragraph 2 may tion for resale in the Villages of Bienville 1624, is amended by adding paragraph 5, also be exercised by the Chief of the and Castor, Bienville Parish, Louisiana,- as follows: Financing Section and the Chief of the and for such purpose to construct and 5. Pursuant to the Federal Tort Claims Securities and Investments Unit of the operate taps at approximately Mile Act (Title IV, Public Law 601, 79th Con­ Fiscal Branch. Posts 81.81 and 69.01 on its Carthage- gress, as amended by Public Law 55, 4. The Director of the Budget Branch Sterlington 24-inch line, for the daily 81st Congress), Assistant Commissioners is delegated the power to approve all delivery in the year 1950 of up to 89,000 for Field Operations are delegated the individual project budgets and consoli­ cubic feet to the Village of Bienville power to consider, ascertain, adjust, de­ dated budgets. and up to 80,000 cubic feet to the Village termine, and settle claims against the 5. The Director of the Personal Prop­ of Castor. United States not in excess of $1,000 erty Branch is delegated the power: No. 197------4 6186 NOTICES (a) To execute contracts (involving sion on the basis of the facts submitted public Service Corporation, for services expenditure of non-administrative funds ip the application makes the following rendered in said connection; and only) for the purchase and rental of findings: The Commission having considered equipment and supplies, for the rental of (1) That this security is registered the record and having this day made and space, and for the purchase of services and listed on the Boston Stock Ex­ filed its findings and opinion herein; other than personal services; change; that the geographical area It is ordered, That the application of (b) To order the publication of ad­ deemed to constitute the vicinity of the Republic Service Corporation is hereby vertisements, in accordance with Gen­ Philadelphia-Baltimore Stock Exchange approved-and Republic shall pay the fees eral Accounting Office General Regula­ is the States of Pennsylvania, New Jer­ and expenses in the amounts indicated to tion No. 109; sey, Delaware and Maryland; that out the following named persons or firms: (c) To dispose of personal property, of a total of 3,522,521 shares outstand­ Evans, Bayard & Frick, counsel for Re­ including the power to execute Certifi­ ing, 398,290 shares are owned by 2,947 public, $60,000 for fees, less $12,500 here­ cates of Release (Standard Form 97) in shareholders in the vicinity of the Phil­ tofore paid after prior approval by the connection with the disposition of motor adelphia-Baltimore Stock Exchange; Commission; vehicles. and that in the vicinity of the Philadel­ Warren & McGroddy, counsel for Irv­ 6. The Director of the Office Servicesphia-Baltimore Stock Exchange 845 ing H. Isaac, $30,000 for fees and $3,- Branch is delegated the power: transactions were effected in 118,241 502.06 for disbursements; (a) To execute contracts (involving shares during the period from August 1, Barnes, Dechert, Price, Smith & Clark, the expenditure of administrative funds 1948, to August 1, 1949; counsel for the Indenture Trustee, $3,- only) for the purchase and rental of (2) That sufficient public distribution 500 for fees and $22.41 for disbursements; equipment and supplies, for the rental of, and sufficient public trading activity Gilbert Associates, Inc., consultants, of space, and for the purchase of services in, this security exist in the vicinity of $2,404.79 for fees and $140.49 for dis­ other than personal services; the applicant exchange to render the bursements; (b) To order the publication of ad­ extension of unlisted trading privileges Duff & Phelps, consultants, $2,000 for vertisements, in Mcordance with Gen­ thereto appropriate in the public interest fees and $231.59 for disbursements; eral Accounting #bce General Regula­ and for the protection of investors; and Townsend, Elliott & Munson, counsel tion No. 109; (3) That the extension of unlisted for the Provident Trust Company and (c) To execute contracts up ,to $100 trading privileges on the applicant ex­ Provident Mutual Life Insurance Com­ for the temporary or intermittent em­ change to this security is otherwise ap­ pany, $3,000 for fees. ployment of persons of organizations as propriate in the public interest and for It is further ordered, That Republic experts or consultants. the protection of investors. Service Corporation pay the expenses of f. Attesting Officer. The Assistant Accordingly it is ordered, Pursuant to the corporation in the aggregate amount Commissioner for Administration is des­ section 12 (f) (2) of the Securities Ex­ of $30,488.40. ignated as the Attesting Officer for the change Act of 1934, that the application Public Housing Administration in the of the Philadelphia-Baltimore Stock Ex­ By the Commission. Central Office. The Attesting Officer change for permission to extend unlisted [seal] Orval L. D uB ois, shall affix the official seal to such docu­ trading privileges to the Class A Com­ Secretary. ments as may require its application, and mon Stock, No Par Value, of Arkansas is authorized to certify that copies of Natural Gas Corporation be, and the [F. R. Doc. 49-8145; Filed, Oct. 11, 1949; documents, leases, contracts and other same is, hereby granted. 8:45 a. m.] papers duly approved, are identical with By the Commission. the originals on file in the Central Office. [SEAL] ORVAL L. DUBOIS, The Director, Office Services Branch, and [File Nos. 54-168, 59-12] the Administrative Assistant of the Legal Secretary. • Division are designated as alternate At­ [F. R. Doc. 49-8149; FUed, Oct. 11, 1949j American P ower & Light Co. et al. testing Officers in the Central Office and 8:46 a. m.] shall have the same duties, functions and ORDER APPROVING PLAN authority vested in the Attesting Officer, At a regular session of the Securities Approved: October 3, 1949. and Exchange Commission held at its [File Nos. 54-63, 69-47] office in the city of Washington, D. C. on [seal] J ohn T aylor Egan, R epublic S ervice Corp. et al. the 4th day of October A. D. 1949. Commissioner. In the matter of American Power & ORDER APPROVING APPLICATION [F. R. Doc. 49-8169; Filed, Oct. 11, 1949; Light Company and Electric Bond and 8:50 a. m.] At a regular session of the Securities Share Company, File No. 54-168; Ameri­ and Exchange Commission held at its can Power & Light Company and Elec­ office in the city of Washington, D. C. on tric Bond and Share Company, et al., Re­ SECURITIES AND EXCHANGE the 5th day of October A. D. 1949. spondents, File No. 59-12. COMMISSION In the matter of Republic Service Cor­ American Power & Light Company poration and its subsidiary companies, (“American”), a registered holding com­ [File No. 7-1117] File Nos. 54-63 and 59-47. pany, and its parent company, Electric A rkansas N atural G as Corp. The Commission having on April 29, Bond and Share Company (“Bond and 1948 approved an amended joint plan of Share”), also a registered holding com­ FINDINGS AND ORDER GRANTING APPLICATION reorganization of Republic Service Cor­ pany, having filed a joint application pur­ At a regular session of the Securities poration (“Republic”), a registered hold­ suant to section 11 (e) of the Public and Exchange Commission, held at its ing company, filed by Republic and Irv­ Utility Holding Company Act of 1935 office in the city of Washington, D. C., on ing H. Isaac, a preferred stockholder of (“Act”) and other applicable provisions the 6th day of October A. D. 1949. Republic, pursuant to the provisions of of the act, for approval of a plan and The Philadelphia-Baltimore Stock sections 11 (e) and 11 (d) of the Public amendments thereto (“the Plan”), pro­ Exchange has made application to the Utility Holding Company Act of 1935, viding, among other things, for the dis­ Commission pursuant to section 12 (f) respectively, but having reserved juris­ tribution of various assets of American (2) of the Securities Exchange Act of diction in said order as well as our orders among its security holders, the reclassi­ 1934 and Rule X-12F-1 for permission dated April 16, 1945, and September 22, fication of the present stocks of Ameri­ to extend unlisted trading privileges to 1947, with respect- to the reasonableness can, and the settlement of certain inter­ the Class A Common Stock, No Par of all fees and expenses.incurred in con­ company claims; and Value, of Arkansas Natural Gas Corpo­ nection with Republic’s plan and the Public hearings having been duly held ration. transactions incident thereto and the after appropriate notice, at which hear­ After appropriate notice and oppor­ consummation thereof; and ings all interested persons were afforded tunity for hearing and in the absence of Republic having filed an application an opportunity to be heard; any request by any interested person for requesting allowances of fees and ex­ American having requested the Com­ hearing on this matter, the Commis- penses out of the corporate estate, Re­ mission to enter an order reciting that Wednesday, October 12, 1949 FEDERAL REGISTER 6187 the transactions proposed in the Plan going, any entries (other than entries 2,475,420 shares of Common Stock of are necessary to effectuate the provisions made on a tentative basis) with respect The Montana Power Company and 4,- of section 11 (b) of the act and are fair to the amounts at which American’s in­ 399,237 shares of Common Stock of Texas and equitable to the persons affected vestments in Pacific Power & Light Com­ Utilities Company, and of any rights to thereby, and that such order contain pany and The Washington Water Power subscribe to additional securities re­ recitals in accordance with the require­ Company are to be recorded on Ameri­ ceived in respect of such shares while ments of the Internal Revenue Code, as can’s books, and the amount at which they are held by the Distribution Agent amended, including section 1808 (f) and American’s capital is to be stated, and in­ under the Plan, as amended. Supplement R thereof ; cluding jurisdiction to require any fur­ 2. The change by American of its au­ American having further requested the ther or other entries deemed appropriate thorized capitalization to 2,842,411 shares Commission, pursuant to section 11 (e) by the Commission; of a single class of Capital Stock, the of the act, to apply to an appropriate 5! That jurisdiction be and hereby is reclassification of American’s present court, in accordance with the provisions specifically reserved with respect to Preferred and Common Stocks (in­ of section 18 (f) of the act, to enforce whether American can continue to own, cluding the shares called for by Ameri­ and carry out the terms and provisions of hold or control the securities of Pacific can’s presently outstanding scrip) into the Plan; Power & Light Company, Washington Ir­ 2,342,411 shares of said single class of The Commission having considered rigation & Development Company, and Capital Stock, the issuances by American the record in the matter and having filed The Washington Water Power Company, of up to 2,342,411 shares of said single its findings and opinion hereon on Sep­ or any other assets not distributed pur­ class of Capital Stock in place of its tember 22, 1949, finding that the Plan is suant to the Plan, and with respect to present stock and scrip, and the transfers necessary to effectuate the provisions of whether the dissolution order of the ajid deliveries from time to time by section 11 (b) of the act and, if amended Commission entered August 22, 1942 American to the Distribution Agent of in certain respects as set forth in said should be modified for the purpose of up to 2,342,411 shares of said single class findings and opinion, fair and equitable permitting the continued existence of of Capital Stock. to all persons affected thereby; American; 3. The surrender to the Distribution American and Bond and Share having 6. That any services rendered by Agent by the persons who are the holders on October 4, 1949, filed an amendment Ebasco Services, Incorporated to Florida of American’s securities at the time of to the Plan modifying the Plan in accord­ Power & Light Company, Minnesota surrender thereof (whether or not such ance with the aforesaid findings and Power & Light Company, The Montana respective holders are the holders of opinion of the Commission; Power Company, Texas Utilities Com­ record of the securities or became holders The Commission having considered the pany, and American Power & Light thereof on or after the Effective Date of aforesaid amendment filed on October 4, Company, or to any subsidiary of any the Plan, as amended) of up to 793,581.2 1949, in the light of its findings and such company, shall be rendered at cost shares of American’s Preferred Stock opinion of September 22, 1949, and find­ as defined in section 13 of the act and ($6), 978,444 shares of American’s $5 ing that the Plan, as thus amended, is the rules and regulations thereunder Preferred Stock, and 3,008,511.54 shares necessary to effectuate the provisions of until such time as Bond and Share com­ of American’s present Common Stock section 11 (b) of the act and is fair and pletes its divestment of the securities of (including, in the case of the Preferred equitable to the persons affected by it ; any such company, or of any direct or Stock ($6) and the Common Stock, scrip It is ordered, On the basis of the rec­ indirect interest in any such company of American now outstanding in respect ord herein and the said findings and which, by virtue of the Plan, it may ac­ of such shares). opinion, pursuant to section 11 (e) of the quire; and the acquisition by Bond and 4. The transfers, deliveries, distribu­ act and other applicable provisions of Share of any securities or any other in­ tions and payments from time to time by the act, that the said Plan, as amended, terests under said Plan is expressly made the Distribution Agent, in exchange for be and it hereby is approved, subject to subject to such conditions; certificates for shares of the present the terms and conditions contained in 7. That jurisdiction be and hereby is stocks of American (or satisfactory Rule U-24 and to the following additional specifically reserved to entertain such documents in lieu of missing certificates) further proceedings, to make such sup­ surrendered by the above-mentioned terms and conditions: holders to the Distribution Agent, of 1. That the order entered herein shall plemental findings, and to take such fur­ ther action as may be necessary in shares of the Common Stocks and Capi­ not be operative to authorize the con­ tal Stock specified in “1” and “2” above summation of the transactions proposed connection with the Plan, as amended, the transactions incident thereto, and (or securities or property into which in the Plan, as amended, until an appro­ such shares may be converted or ex­ priate United States District Court shall, the consummation thereof. It is further ordered and recited, That changed while the shares are held by upon application thereto, enter an order the Distribution Agent), of rights to enforcing said Plan, as amended; the issuances, transfers, deliveries, dis­ tributions and exchanges of securities, subscribe to additional securities (or the 2. That jurisdiction be and hereby is proceeds of such rights) received by the specifically reserved to determine the and interests therein, specified and item­ ized below, the transfers, deliveries, Distribution Agent in respect of such reasonableness and appropriate alloca­ shares, and of cash as specified below, tion of all fees and expenses and other distributions and payments of cash and such exchanges, transfers, deliveries, remuneration incurred or to be incurred other property specified and itemized distributions and payments by the Dis­ in connection with the said Plan, as below, and the other transactions spec­ tribution Agent to be in the following amended, and the transactions incident ified and itemized below, which are all basic amounts: thereto, other than the fairness and rea­ to be carried out in accordance with the sonableness of the fees and expenses Plan, as amended, and which are all A. For each share of American’s Preferred hereby approved, are necessary or ap­ Stock ($6) (including all undeclared, ac­ incident to the stockholders’ actions enu­ cumulated dividends thereon): merated in the Plan, as amended; propriate to the integration or simplifi­ 1.242 shares of Common Stock of Florida 3. That jurisdiction be and hereby is cation of the holding company systems Power & Light Company: specifically reserved with respect to the of whicli American and Bond and Share 0.304 of a share of Common Stock of Min­ appropriateness under the act of the pro­ are members, and are necessary or ap­ nesota Power & Light Company: posed charter and by-law provisions of propriate to effectuate the provisions of 1.255 shares of Common Stock of The Mon­ American and to require any further section 11 (b) of the act, all in accord­ tana Power Company;, modifications thereof as may hereafter ance with the meaning and requirements 2.231 shares of Common Stock of Texas of the Internal Revenue Code, as Utilities Company; appear appropriate; amended, including Supplement R and 1.188 shares of the single class of Capital 4. That jurisdiction be and hereby is section 1808 (f) thereof: Stock of American; and specifically reserved with respect to all 1. The transfers and deliveries by Cash at the rate of $6 per annum for the accounting entries (other than entries period from and including the last quarterly American to the Distribution Agent des­ $6 Preferred Stock dividend payment date made on a tentative basis) to be made by ignated pursuant to the Plan, as prior to the Effective Date to but not includ­ American and by Bond and Share for amended, of 2,450,000 shares of Common ing the Effective Date. the purpose of or in connection with car­ Stock of Florida Power & Light Com­ B. For each share of American’s $5 Pre­ rying out said Plan, and including, with­ pany, 600,000 shares of Common Stock ferred Stock (including all undeclared, ac­ out limiting the generality of the fore- of Minnesota Power & Light Company, cumulated dividends thereon): 6188 NOTICES 1.045 shares of Common Stock of Florida 9. The purchase and acquisition by office in the city of Washington, D. C.f Power & Light Company; American, and the transfers and de­ on the 6th day of October 1949. 0.256 of a share of Common Stock of Min­ liveries in connection therewith, of 1 Buffalo Niagara Electric Corporation nesota Power & Light Company; 1.057 shares of Common Stock of The Mon­ share of Common Stock of The Montana (“Buffalo Niagara”) , a subsidiary of tana Power Company; Power Company from each of the fol­ Niagara Hudson Power Corporation 1.878 shares of Common Stock of Texas lowing Directors of The Montana (“Niagara Hudson”), a registered hold­ Utilities Company; Power Company, viz., F. W. Bird, Nor­ ing company, having filed an applica­ 1 share of the single class of Capital Stock man B. Holter, W. H. Hoover, E. J. tion pursuant to the provisions of section of American; and Parkin, Peter Pauly and William L. 6 (b) of the act for exemption from the Cash at the rate of $5 per annum for the Murphy, at the purchase price of $1.00 provisions of section 6 (a) thereof of the period from and including the last quarterly $5 Preferred Stock dividend payment date per share specified in options to pur­ issue and sale to banks, in the aggregate prior to the Effective Date to hut not includ­ chase such shares given by said Directors principal amount of $2,000,000, of 2%% ing the Effective Daté. to American. promissory notes maturing December 31, C. For each share of American’s Present 10. The sales by American, and the 1950, said notes having been expressly Common Stock: transfers and deliveries by American in authorized by the Public Service Com­ 0.147 of a share of Common Stock of Flor­ connection with such sales, of 185 shares mission of New York by order dated Sep­ ida Power & Light Company; of the Common Stock of The Montana tember 20, 1949 and the proceeds from 0.036 of a share of Common Stock of Min­ Power Company and 763 shares of the said sale to be utilized by Buffalo Niag­ nesota Power & Light Company; 0.148 of a share of Common Stock of The Common Stock of Texas Utilities Com­ ara in connection with its construction Montana Power Company; pany which remain with American after program; and 0.263 of a share of Common Stock of Texas it has made delivery to the Distribution Said application having been filed on Utilities Company; and Agent of the shares of Common Stock September 19, 1949 and the last amend­ 0.14.of a share of the single class of Capital specified in “1” above. ment thereto having been filed on Octo­ Stock of American. 11. The sales by the Distribution ber 5, 1949, and notice of said filing 5. The sales by the Distribution Agent, Agent, after the expiration of two years having been duly given in the form and and the transfers and deliveries in con­ following the effective date, and the manner prescribed by Rule U-23 pro­ nection with such sales, of any rights to transfers and deliveries in connection mulgated pursuant to said act, and the subscribe to additional securities, which with such sales, of those shares of Com­ Commission not having received a re­ rights are received by the Distribution mon Stock delivered to the Distribution quest for hearing with respect to said Agent in respect of shares of Common Agent pursuant to the Plan, as amended, application within the period specified in Stock held by it under the Plan, as which it then still holds, and the distri­ said notice, or otherwise, and not having amended. butions, deliveries and payments of the ordered a hearing thereon ; and 6. The purchases and sales by the Dis­ proceeds of such sales, in lieu of the The Commission finding with respect tribution Agent, for account of holders shares of Common Stock so sold, in ex­ to said application that the requirements surrendering shares of present stock of change for shares of the present stock of the applicable provisions of the act American, of fractional interests in (including scrip) of American thereafter and rules thereunder are satisfied, and shares of Common Stock of Florida surrendered to the Distribution Agent. deeming it appropriate in the public in­ Power & Light Company, Minnesota 12. The acquisition, revocation, abro­ terest and in the interest of investors Power & Light Company, The Montana gation and cancellation, pursuant to the and consumers that the said application Power Company and Texas Utilities Plan, as amended, of the presently out­ be granted: Company and of fractional interests in standing securities of American (includ­ It is ordered, Pursuant to Rule U-23 shares of the single class of Capital Stock ing presently outstanding scrip and scrip and the applicable provisions of said of American, the transfers and deliveries to be issued in partial exchange there­ act, that the said application be, and of whole shares, or fractional interests, for) , and the revocation, abrogation and hereby is, granted forthwith, subject to in connection with such sales, and.the cancellation, after the expiration of 5 the terms and conditions prescribed in distributions, transfers and deliveries of years following the effective date, of those Rule U-24. whole shares which include the frac­ authorized shares of the single class of By the Commission. tional interests so purchased, and the capital stock of American into which the present stocks of American have been [ seal] O rval L. D u B o is, payments of the proceeds of such sales, Secretary. to those entitled thereto under the Plan, reclassified pursuant to the Plan, as as amended. amended, but in respect of which certifi­ [F. R. Doc. 49-8148; Filed, Oct. 11, 1949; 7. The distribution, delivery and pay­ cates have not theretofore been issued 8:45 a. m.] ment by the Distribution Agent to Bond by American. and Share, in lieu of 354 shares of Com­ 13. All other issuances, transfers, de­ mon Stock of Florida Power & Light liveries, distributions, payments, ex­ Company and 37 shares of Common Stock changes and transactions which are [File No. 812-607] required in order to carry opt the Plan, of Minnesota Power & Light Company to N ewmont M ining Corp. et al. which Bond and Share would be entitled as amended. ^ on the basis set forth in “4” above, of It is further ordered, That jurisdiction NOTICE OF APPLICATION cash representing the market value of be, and hereby is, reserved to enter such At a regular session of the Securities said shares at the end of six months fol­ other and further orders, conforming to and Exchange Commission held at its lowing the effective date. the requirements of Supplement R and section 1808 (f) of the Internal Revenue offices in Washington, D. C., on the 6th 8. The transfers, deliveries, distribu­ day of October A. D. 1949. tions and payments by the Distribution Code, as amended, as may appear to the Commission to be appropriate. In the matter of Newmont Mining Cor­ Agent, in exchange for scrip in respect poration, Idarado Mining Company, of American’s Preferred Stock ($6) and By the Commission. Atlas Mining Company, Tomboy Gold of its present Common Stock aggregating [SEAL] ORVAL L. D uB oiS, Mines, Inc. and Telluride Mines, Inc., one share or more surrendered to the Secretary. * File No. 812-607. Distribution Agent, of the securities (or [F. R. Doc. 49-8146; Filed, Oct. 11, 1949; Notice is hereby given that Newmont the proceeds thereof ) and cash to which 8:45 a. m.] Mining Corporation (“Newmont”) of 14 the holders of the scrip are entitled under Wall Street, New York, New York, a the Plan, as amended, in rfespect of the closed-end non-diversified management whole shares of present stock of Ameri­ company registered under the Invest­ can represented by such scrip; and the [File No. 70-2224] ment Company Act of 1940, has filed an issuances by American, and the trans­ B uffalo N iagara E lectric Corp. application pursuant to section 17 (b) fers and deliveries to such holders, of of the act for an order exempting from scrip representing any overplus of a ORDER GRANTING APPLICATION the provisions of section 17 (a) of the fraction of a share of American’s present At a regular session of the Securities act the execution and performance of stock. and Exchange Commission, held at its two proposed agreements whereby: Wednesday, October 12, 1949 FEDERAL REGISTER 6189 (1) Newmont will sell to Idarado Min­ North Chicago Patented Lode Claim, Tomboy stock at $942.50 per share, a ing Company ("Idarado”) and Idarado U. S. Mineral Survey No. 11412, which it total of $512,720, from John H. Moore, will purchase from Newmont 159 shares now has or will acquire. a person who had no interest in or affilia­ of the capital stock of Tomboy Gold (8) The agreement of November 3, tion with Newmont; that Atlas purchased Mines, Inc. ("Tomboy”) at $942.50 per 1948, between Idarado and Telluride from said John H. Moore the remaining share, a total of $149,857.50, payable granting certain easements to Telluride 109 outstanding shares of Tomboy stock without interest as follows:. $50,000 on on the N. W. H. Jr. Claim and certain in exchange for 100,000 shares of previ­ June 1, 1950; $50,000 on June 1, 1951; rights to Idarado in the Red Cloud Claim ously unissued stock of Atlas ; that Tellu­ and $49,857.50 on June 1, 1952. Idarado, will be cancelled. ride, a Colorado corporation, has its upon Newmorit’s request, will issue its (9) Upon completion by Telluride and principal executive offices at Telluride, promissory note or notes for the pay­ Idarado of their purchase of shares of Colorado; and that Newmont has no in­ ment of said purchase price. capital stock of Tomboy: terest in and no affiliation with Telluride. (2) Newmont will sell to Telluride (a) Telluride will surrender to Tomboy It further appears from the application Mines, Inc. ("Telluride”) and Telluride its 159 shares of Tomboy stock in ex­ that Tomboy is the owner of mining will purchase from Newmont 159 shares change for a conveyance to it from Tom­ properties, most of which are under of the capital stock of Tomboy at $942.50 boy of the properties described in sub- long-term lease to Telluride (the “Tom­ per share, a total of $149,857.50, payable paragraph 4 (a) above; boy Lease”), that have been productive without interest as follows: $50,000 on (b) Idarado will surrender to Tomboy of substantial amounts of ore bearing June 1, 1950; $50,000 on June 1, 1951; its 159 shares of Tomboy stock in ex­ lead, zinc, copper, silver and gold in and $49,857.50 on June 1,1952. Telluride, change for a conveyance to it from Tom­ commercial quantities; that portions of upon Newmont’s request, will issue its boy of the properties described in sub- such properties are contiguous in part promissory note or notes for the pay­ paragraph 4 (b) above; and to properties of Idarado and Atlas; that ment of the respective installments of (c) Atlas will surrender to Tomboy its Newmont and Telluride believe that sub­ the purchase price. 109 shares of Tomboy stock in exchange stantial savings in costs of mining can (3) Telluride will surrender for can­ for a conveyance to it from Tomboy of be effected by allocating to Idarado, cellation to Tomboy the “Tomboy Lease” the properties described in subparagraph Telluride, and Atlas, respectively, por­ covering most of the Tomboy property 4 (c) above. tions of the Tomboy properties lying containing the Montana and Argentine (10) Newmont will sell to Telluride and nearest to the main working adits of veins and including the Tomboy Belmont Telluride will purchase from Newmont each company and thereafter developing or section 3 claims but not the Mora an additional 113 shares of Tomboy stock and mining the Tomboy properties Group of patented mining claims. at $942.50 per share, a total of $106,- through existing openings which provide (4) Tomboy will execute leases with­ 502.50; $56,360.50 payable at once and the the nearest access to the respective areas out payment or royalty provisions balance of $50,142.00 payable June 1,1953 under development. granting: without interest. For a more detailed statement of the (a) To Telluride a lease upon the (11) Thereupon Tomboy will execute matters of fact and law asserted, all in­ whole of the patented mining claims two leases with the same royalty provi­ terested persons are referred to said known as "the-Montana Mine” lying sions covering all of Tomboy’s rights on application which is on file in the offices northerly of the Shamrock Patented the whole of that portion of the Argen­ of the Commission in Washington, D. C. Lode Mining Claim, U. S. Mineral Survey tine Vein which lies between the south­ Notice is further given that an order No. 1317, together with all the interest easterly end line of the Argentine No. 1 granting the application may be issued of Tomboy in and to the Silver Jack, patented lode claim, U. S. Mineral Survey by the Commission at any tjme on or U. S. Mineral Survey No. 12777, and to the No. 757A, and the southerly end line of after October 21,1949, unless prior there­ Gold Run Placer, U. S. Mineral Survey the N. W. H. Jr. patented lode mining to a hearing upon the application is No. 554; claim, U. S. Mineral Survey No. 595A ordered by the Commission, as provided (b) To Idarado a lease on the whole of above a horizontal plane passed through in Rule N-5 of the rules and regulations the Argentine No. 2, the Fraction, and the the bottom of the Mill Tunnel Level: promulgated under the act. Any in­ Red Cloud patented lode mining claims, (a) Leasing to Telluride all of that terested person may, not later than U. S. Mineral Survey Nos. 758A, 14318, portion of said section of the Argentine October 19, 1949, at 5:30 p. m., submit and 243, respectively; and vein lying above the elevation of the in writing to the Commission his views (c) To Atlas Mining Company ("At­ Pennsylvania Level and below the eleva­ or any additional facts bearing upon this las”) a lease on the whole of the pat­ tion of the Treasury Tunnel, and also application or the desirability of a hear­ ented mining claims and millsites in that portion of the same section lying ing thereon, or request the Commission Ouray and San Miguel Counties, Col­ above the elevation of the Mill Tunnel in writing that a hearing be held thereon. orado, known as the Tomboy Belmont or Level and below the elevation of the Any such communication or request Section 3 Mine and the whole of the Mora Camp Bird Tunnel; and should be addressed: Secretary, Securi­ Group together with all millsites, water (b) Leasing to Idarado all of that ties and Exchange Commission, 425 Sec­ rights and rights-of-way included there­ portion of the said section of the Ar­ ond Street NW„ Washington 25, D. C., in or pertinent thereto. gentine Vein lying above the elevation and should state briefly the nature of the (5) Idarado will convey to Telluride of the Treasury Tunnel to the surface interest of the person submitting such the whole of the N. W. H. Jr. Claim, U. S. and also that portion of the same section information or requesting a hearing, the Mineral Survey No. 595A (reserving, lying above the elevation of the Camp reasons for such request, and the issues however, certain rights-of-way) and the Bird Tunnel and below the elevation of of fact or law raised by the application whole of the Japan Millsite and all of the Pennsylvania Level. which he desires to controvert. Idarado’s interests in the Gold Run It appears from the application that By the Commission. Idarado, a Delaware corporation, with Placer Claim, patented, U. S. Survey No. [ seal] O rval L. D uB o is, 554. its principal executive offices at Ouray, Secretary. (6) Telluride will convey to Idarado Colorado, has outstanding 1,755,000 the unrestricted and non-exclusive right shares of capital stock, of which New­ [P. R. Doc. 49-8147; Filed, Oct. 11, 1949; to dump and store waste and tailings mont owns 1,536,201 shares (87.5%); 8:45 a. m.] from the Meldrum Tunnel, mine work­ that Atlas, a Delaware corporation, with its principal executive offices at Ouray, ings connected therewith, or mills treat­ UNITED STATES MARITIME ing ore from the Meldrum Tunnel on the Colorado, haß outstanding 276,000 shares of capital stock, of which Newmont owns COMMISSION Lucile Placer Claim, patented, U. S. 176,000 shares (63.8%); that Tomboy, a Mineral Survey No. 12289, and on the Colorado corporation, with its principal J ava N ew Y ork Line et al. Newport Placer, U. S. Mineral Survey executive offices at Telluride, Colorado, No. 2167. NOTICE OF AGREEMENTS FILED WITH THE has outstanding 653 shares of common COMMISSION FOR APPROVAL (7) Telluride will convey to Idarado stock, of which Newmont owns 544 shares the whole of the Huerfano Patented Lode (83.3%) and Atlas owns 109 shares Notice is hereby given that the fol­ Mining Claim, U. S. Mineral Survey No. (16.7%); that on or about June 13,1949, lowing described agreements have been 4845A and the entire 40/48ths of the Newmont purchased its 544 shares of filed with the Commission for approval 6190 NOTICES

pursuant to section 15 of the Shipping 2. That the property described as fol­ a national of a designated enemy coun­ Act, 1916, as amended: lows: try (Germany). Agreement 8080, between Java New a. Two (2) shares of common capital All determinations and all action re­ York Line, Silver Line, Ltd., Isthmian stock of the Principle Building Corpora­ quired by law, including appropriate con­ Steamship Company, Ellerman & Buck- tion evidenced by a certificate or certifi­ sultation and certification, having been nail Steamship Co., Ltd., Lykes Bros. cates registered in the name of Anna made and taken, and, it being deemed Steamship Co., Inc., American President Lippert, Bavaria, Germany, presently in necessary in the national interest, Lines, Ltd., Prince Line, Limited, Salen- the custody of Mrs. Lena Flierl, 4227 There is hereby vested in the Attorney Skaugen Line, Lancashire Shipping Co., North Spauilding Avenue, Chicago, Illi­ General of the United States the property Ltd., and Fern Line, provides for the nois, together with all declared and un­ described above, to be held, used, admin­ creation of a conference to be known paid dividends thereon. istered, liquidated, sold or otherwise as Atlantic and Gulf-Indonesia Confer­ b. One (1) Bearer Bond of The Edge- dealt with in the interest of and for the ence for the establishment and main­ water Hospital, Inc., of Chicago, Illinois, benefit of the United States. tenance of agreed rates, charges and of $100.00 face value, bearing the number The terms “national” and “designated practices for or in connection with trans­ 375, presently in the custody of Mrs. Lena enemy country” as used herein shall have portation of cargo in the trade from Flierl, 4227 North Spaulding Avenue, Chi­ the meanings prescribed in section 10 of United States Atlantic and Gulf of Mex­ cago, Illinois, together with any and all Executive Order 9193, as amended. ico ports to ports in Indonesia. Agree­ rights thereunder and thereto. ment No. 8080 when approved will super­ c. One (1) certificate of beneficial in­ Executed at Washington, D. C., on Sep­ sede the agreement of the Atlantic and terest for 132 units of Calmont Apart­ tember 19, 1949. Gulf/Dutch East Indies Conference (No. ments Liquidation, Trust, said certificate For the Attorney General. 125). numbered 95, in the face amount of Agreement 7705, between the mem­ $100.00, registered in the name of Anna [sealI D avid L. B azelon, bers of the West Coast of Italy, Sicilian Assistant Attorney General, Lippert and presently in the custody of Director, Office of Alien Property. and Adriatic Ports/North Atlantic Range Mrs. Lena Flierl, 4227 North Spaulding Conference and Alcoa Steamship Com­ Avenue, Chicago, Illinois, together with E x h ib it A pany, Inc., covers the transportation of any and all rights thereunder and CHECH a PAYABLE TO ORDER OP ANNA LIPPERT general cargo under through bills of lad­ thereto, including any liquidation pay­ ing in the trade from ports on the West ments due or to become due thereon, Check Date of check Issuer of check Am ount Coast of Italy between Ventimiglia and d. One (1) certificate of beneficial in­ N o. of check Reggio Calabria, inclusive, on the main­ terest for 244 units of Edgewater Manor land and Sicilian ports and ports on the Apartments Liquidation Trust, said cer­ July 10,1940.. Cochran & McCluer 34507 $120.00 Adriatic Sea to the Virgin Islands, with tificate numbered 208, registered in the Co. transhipment at New York. Apr. 18,1942.. 36196 6.96 name of Anna Lippert and presently in July 24, 1942.. Chicago Title & 303626 1.79 Interested parties may inspect these the custody of Mrs. Lena Flierl, 4227 Trust Co. agreements and obtain copies thereof at June 21,1944.. 457118 7.32 North Spaulding Avenue, Chicago, Illi­ Jan. 21,1946.. 585786 2.38 the Commission’s Office of Regulation, nois, together with any and all rights July 19, 1949.. 552189 2.38 Washington, D. C., and may submit to thereunder and thereto, including any the Commission within 20 days after liquidation payments due or to become publication of this notice written state­ [F. R. Doc. 49-8170; Filed, Oct. 11, 1949; due thereon, 8:50 a. m.] ments with reference to any of the agree­ e. One (1) certificate of beneficial in­ ments and their position as to approval, terest for 119 units of Mission Court disapproval, or modification, together Apartments Liquidation Trust, said cer­ with request for hearing should such tificate numbered 74, registered in the [Vesting Order 13846] hearing be desired. name of Anna Lippert and presently in Dated: August 10,1949. the custody of the Chicago Title and G. PLEHN By order of the United States Mari­ Trust Company, 111 West Washington In re; Stock and checks owned by the time Commission. Street, Chicago, Illinois, together with personal representatives, heirs, next of any and all rights thereunder and kin, legatees and distributees of G. Plehn, A. J. W illiams, thereto, including any liquidation pay­ deceased. F-28-9030-C-1. Secretary. ments due or to become due thereon, Under the authority of the Trading [P. R. Doc. 49-8177; Filed, Oct. 11, 1949; f. Those certain debts or other obli­ With the Enemy Act, as amended, Exec­ 8:51 a. m.] gations evidenced by the checks de­ utive Order 9193, as amended, and Exec­ scribed in Exhibit A, attached hereto utive Order 9788, and pursuant to law, and by reference made a part hereof, after investigation, it is hereby found: DEPARTMENT OF JUSTICE said checks presently in the custody of William G. Thon, 139 North Clark Street, 1. That the personal representatives, Office of Alien Property Chicago 2, Illinois, together With all heirs, next of kin, legatees and distribu­ tees of G. Plehn, deceased, who there is Authority: 40 Stat. 411, 55 Stat. 839, Pub. rights in, to and under, including par­ Laws 322, 671, 79th Cong., 60 Stat. 50, 925; 50 ticularly but not limited to the rights reasonable cause to believe are residents U. S. C. and Supp. App. 1, 616; E. O. 9193, to possession and presentation for col­ of Germany are nationals of a designated July 6, 1942, 3 CFR, Cum. Supp., E. O. 9567, lection and payment of the aforesaid enemy country (Germany) ; June 8, 1945, 3 CFR, 1945 Supp., E. O. 9788, checks, and any and all rights to de­ 2. That the property described as fol­ Oct. 14, 1946, 11 F. R. 11981. mand, enforce and collect the aforesaid lows: [Vesting Order 13843] debts or other obligations, a. Ten (10) shares of $100 par value 7% cumulative preferred capital stock Anna Lippert is property within the United States of the Great Western Sugar Company, In re: Stock, bond and certificates of owned or controlled by, payable or de­ P. O. Box 5308 Terminal Annex, Denver beneficial ownership owned by, and debts liverable to, held on behalf of or on ac­ 17, Colorado, a corporation organized owing to Anna Lippert. F-28-30075-A-1. count of, or owing to, or which is under the laws of the Stdte of New Jersey, Under the authority of the Trading evidence of ownership or control by Anna evidenced by a certificate numbered With the Enemy Act, as amended, Ex­ Lippert, the aforesaid national of a des­ H1646, registered in the name of G. ecutive Order 9193, as amended, and Ex­ ignated enemy country (Germany); Plehn, together with all declared and ecutive Order 9788, and pursuant to law, unpaid dividends thereon and after investigation, it is hereby found: and it is hereby determined: b. Those certain debts or other obliga­ 1. That Anna Lippert, whose last 3. That to the extent that the person tions of the Great Western Sugar Com­ known address is Muhring 53 bei Jir- named in subparagraph 1 hereof is not pany, P. O. Box 5308 Terminal Annex, schenreuth, Bayern, Germany, is a resi­ within a designated enemy country, the Denver 17, Colorado, evidenced by those dent of Germany and a national of a national interest of the United States checks Issued by the Great Western designated enemy country (Germany); requires that such person be treated as Sugar Company, payable to G. Plehn and Wednesday, October 12, 1949 FEDERAL REGISTER 6191 numbered, dated and in the face amounts [Vesting Order 13855] Names and Last Known Addresses as set forth below: M ary E hrenberq Guido Vidahl, 22 A Dusseldorf-Oberkassel, Barmerstrasse 20, Germany. In re: Estate of Mary Ehrenberg, de­ Anne Marie Vidahl, his wife, 22 A Dussel­ D ate Face Check N o. amount ceased. File No. D-28-11890; E. T. sec. dorf-Oberkassel, Barmerstrasse 20, Germany. No. 16082. Lucas Vidahl, also known as Lukas Vidahl P44861...... July 2,1941 $14.61 Under the authority of the Trading and as Lucus Vidahl, Rodenden, Germany. P46960...... Oct. 2,1941 12.69 With the Enemy Act, as amended, Exec­ Clara Vidahl, his wife, Rodenden, Ger­ P49092...... Jan. 2,1942 12.69 many. P51244...... Apr. 2,1942 12.69 utive Order 9193, as amended, and Exec­ P53409...... July 2,1942 12.69 utive Order 9788, and pursuant to law, 2. That the property described as fol­ P56639...... Oct. 2,1942 12.69 P57953...... I...... Jan. 2,1943 12.25 after investigation, it is hereby found: lows: Real property situated in Louis­ P60333...... Apr.*- 2,1943 12.25 1. That Fritz Scheid, Ludwig Scheid ville, County of Jefferson, State of Ken­ P62728...... July 2,1943 12.25 P65114...... lO ct. 2,1943 12.25 and Louise Scheid, whose last known ad­ tucky, particularly described in Exhibit P67493...... Jan. 3,1944 12.25 dress is Germany, are residents of Ger­ A, attached hereto and by reference P69894...... Apr. 3,1944 12.25 many and nationals of a designated P72285...... _...... July 3,1944 12.25 made a part hereof, together with all P74692...... Oct. 2,1944 12.25 enemy country (Germany); hereditaments, fixtures, improvements P77100...... Jan. 2,1945 12.25 2. That all right, title, interest and P79512...... Apr. 2,1945 12.25 and appurtenances thereto, and any and P81943...... July 2,1945 12.25 claim of any kind or character whatso­ all claims for rents, refunds, benefits or P84384...... Oct. 2,1945 12.25 ever of the persons named in subpara­ other payments arising from the owner­ P86836...... Jan. 2,1946 12.25 P89317...... Apr. 2,1946 12.25 graph 1 hereof, in and to the estate of ship of such property, P91784...... July 2,1946 12.25 Mary Ehrenberg, deceased, is property P94247...... Oct. 2,1946 12.25 payable or deliverable to, or claimed by, is property within the United States P96735...... Jan. 2,1947 12.25 owned or controlled by, payable or de­ P99220...... Apr. 2,1947 12.25 the aforesaid nationals of a designated P101708...... July 2,1947 12.25 enemy country (Germany); liverable to, held on behalf of or on P104194...... Oct. 2,1947 12.25 account of, or owing to, or which is evi­ P 106677...... Jan. 2,1948 12.25 3. That such property is in the process P109174...... Apr. 2,1948 12.25 of administration by the St. Louis Union dence of ownership or control by, the P111694...... July 2,1948 12.25 Trust Company, as executor, acting un­ aforesaid nationals of a designated P114218...... Oct. 2,1948 12.25 enemy country (Germany); P116727...... Jan. 3,1949 12.25 der the judicial supervision of the Pro­ P119233...... Apr. 2,1949 12.25 bate Court of the City of St. Louis, and it is hereby determined: P121738...... July 2,1949 12.25 Missouri; 3. That to the extent that the persons named in subparagraph 1 hereof are not said checks presently in the custody of and it is hereby determined: 4. That to the extent that the persons within a designated enemy country, the The Great Western Sugar Company, and national interest of the United States re­ any and all rights in, to and under in­ named in subparagraph 1 hereof are not within a designated enemy country, the quires that such persons be treated as cluding the right to possession and pres­ nationals of a designated enemy country entation for payment of the aforesaid national interest of tl)e United States (Germany). checks, requires that such persons be treated as nationals of a designated enemy country All determinations and all action re­ is property within the United States (Germany). quired by law, including appropriate con­ owned or controlled by, payable or deliv­ All determinations and all action re­ sultation and certification, having been erable to, held on behalf of or on account quired by law, including appropriate con­ made and taken, and, it being deemed, of, or owing to, or which is evidence of sultation and certification, having been necessary in the national interest, ownership or control by the personal rep­ made and taken, and, it being deemed There is hereby vested in the Attorney resentatives, heirs, next of kin, legatees necessary in the national interest, General of the United States the property and distributees of G. Plehn, deceased, There is hereby vested in the Attorney described in subparagraph 2 hereof, sub­ the aforesaid nationals of a designated General of the United States the prop­ ject to recorded liens, encumbrances and enemy country (Germany) ; erty described above, to be held, used, other rights of record held by or for and it is hereby determined: administered, liquidated, sold or other­ persons who are not nationals of desig­ 3, That to the extent that the personal wise dealt with in the interest of and nated enemy countries, to be held, used, representatives, heirs, next of kin, lega­ for the benefit of the United States. administered, liquidated, sold or other­ tees and distributees of G. Plehn, de­ The terms “national” and “designated wise dealt with in the interest of and for ceased, referred to in subparagraph 1 enemy country” as used herein shall have the benefit of the United States. hereof are not within -a designated en­ the meanings prescribed in section 10 of Executive Order 9193, as amended. The terms “national” and “designated emy country, the national interest of the enemy country” as used herein shall have United States requires that such persons Executed at Washington, D. C., on the meanings prescribed in section 10 of be treated as nationals of a designated September 27, 1949. Executive Order 9193, as amended. enemy country (Germany). All determinations and action re­ For the Attorney General. Executed at Washington, D. C., on quired by law, including appropriate con­ [ seal] H arold I. B aynton, October 4, 1949. sultation and certification, having been Deputy Director, made and taken, and, it being deemed Office of Alien Property. For the Attorney General. necessary in the national interest, [ seal] D avid B azelon, [F. R. Doc. 49-8172; Filed, Oct. 11, 1949; L. There is hereby vested in the Attorney 8:50 a. m.] Assistant Attorney General, General of the United States the property Director, Office of Alien Property. described above, to be held, used, admin­ istered, liquidated, sold or otherwise dealt Exhibit A with in the interest of and for the benefit All that certain lot, piece or parcel of land, of the United States. [Vesting Order 13890] situate, lying and being in the 7th City Dis­ trict, City of Louisville, County of Jefferson, The terms “national” and “designated G uido V idahl et al. enemy country” as used herein shall have State of Kentucky, and designated on the the meanings prescribed in section 10 of In re: Real property owned by Guido plats in the City Assessor’s Office as Lot 15, Executive Order 9193, as amended. Vidahl and others. Block 1109 and more fully described as fol­ Executed at Washington, D. C., on Under the authority of the Trading lows: With the Enemy Act, as amended, Execu­ Beginning in the Southwardly line of St. September 19, 1949. Louis Avenue, 92 feet Eastwardly from 16th For the Attorney General. tive Order 9193, as amended, and Execu­ Street; thence Eastwardly along the South­ tive Order 9788, and pursuant to law, wardly line of St. Louis Avenue, 122 feet, and [seal] D avid L. B azelon, after investigation, it is hereby found: extending back Southwardly between lines Assistant Attorney General, 1. That the persons whose names and parallel with 16th Street, 180 feet to an alley. Director, Office of Alien Property. last known addresses appear below dre [F. R. Doc. 49-8171; Filed, Oct. 11, 1949; residents of Germany and nationals of [F. R. Doc. 49-8173; Filed, Oct. 11, 1949; 8:50 a. m.] a designated enemy country (Germany) y 8:50 a. m.] 6192 NOTICES

[Vesting Order 13842] sultation and certification, having been nated enemy country (Germany) on such J u lius P. HoRNiNa made and taken, and, it being deemed date. necessary in the national interest, All determinations and all action re­ In re: Stock and a bank account owned There is hereby vested in the Attorney quired by law, including appropriate by Julius P. Horning. F-28-25793-D-1, General of the United States the property consultation and certification, having P-28-25793-E-1. described above, to be held, used, admin­ been made and taken, and, it being Under the authority of the Trading istered, liquidated, sold or otherwise dealt deemed necessary in the national in­ With the Enemy Act, as amended, Exec­ With in the interest of and for the benefit terest, utive Order 9193, as amended, and Exec­ of the United States. - There is hereby vested in the Attorney utive Order 9788, and pursuant to law, The terms “national” and “designated General of the United States the property after investigation, it is hereby found: enemy country” as used herein shall have described above, to be held, used, admin­ 1. That Julius F. Horning, whose last the meanings prescribed in section 10 of istered, liquidated, sold or otherwise dealt known address is Berlin Hohenshonhaus, Executive Order 9193, as amended. with in the interest of and for the benefit Goekestrasse 13, Germany, is a resident of the United States. of Germany and a national of a desig­ Executed at Washington, D. C., on September 19, 1949. This vesting order is issued nunc pro nated enemy country (Germany); tunc to confirm the vesting of the said 2. That the property described as fol­ For the Attorney General. property by acceptance as aforesaid. lows: [seal] D avid L. B azelon, The terms “national” and “designated a. One (1) share of $50.00 par value Assistant Attorney General, enemy country” as used herein shall have 6% preferred capital stock of the Atlas Director, Office of Alien Property. the meanings prescribed'in section 10 of Corporation, 33 Pine Street, New York 5, Executive Order 9193, as amended. New York, a corporation organized under [P. R. Doc. 49-8140; Piled, Oct. 10, 1949; the laws of the State of Delaware, evi­ 8:49 a. m.] Executed at Washington, D. C., on denced by a certificate numbered A-9920, September 27, 1949. registered in the name of Julius P. Horn­ For the Attorney General. _ ing and presently in the custody of The Chase National Bank of the City of New [Vesting Order 13860] [seal] H arold I. B aynton, Deputy Director, York, 18 Pine Street, New York 15, New N ina M ack York, together with all declared and un­ Office of Alien Property. paid dividends thereon, and any and all In re: Estate of Nina Mack, deceased. [F. R. Doc. 49-8141; Filed, Oct. 10, 1949; redemption payments thereon, File No. D-28-8297; E. T. sec. 9521. 8:49 .a. m.] b. Seven (7) shares of $5.00 par value Under the authority of the Trading common capital stock of the Atlas Cor- With the Enemy Act, as amended, Exec­ PQration, 33 Pine Street, New York 5, utive Order 9193, as amended, and Exec­ New York, a corporation organized under utive Order 9788, and pursuant to law, [Return Order 444] the laws of the State of Delaware, evi­ after investigation, it is hereby found: Erich S tamm denced by a certificate numbered CO- 1. That Amelia (Amalia) Muller, Marie 26984, registered in the name of Julius Having considered the claim set forth P. Horning and presently in the custody Stumpf and Ernest Schmidt, whose last below and having issued a determination of The Chase National Bank of the City known address was, on July 27,1949, Ger­ allowing the claim, which is incorporated of New York, 18 Pine Street, New York many, were on such date residents of by reference herein and filed herewith, 15, New York, together with all declared Germany and nationals of a designated It is ordered, That the claimed prop­ and unpaid dividends thereon, and enemy country (Germany) ; erty, described below and in the determi­ c. That certain debt or other obliga­ 2. That the sum of $194.97 was paid to nation, including all royalties accrued tion of The Chase National Bank of the the Attorney General of the United States thereunder and all damages and profits City of New York, 18 Pine Street, New by Gordon F. Rainey, administrator with recoverable for past infringement York 15, New York, arising out of a the will annexed of the estate of Nina thereof, be returnéd after adequate pro­ Compound Interest Account, Account No. Mack, deceased; vision for taxes and conservatory ex­ 2837, entitled “Julius F. Horning”, main­ , 3. That the said sum of $194.97 was penses: tained with the aforesaid bank, and any accepted by the Attorney General of the Claimant, Claim No., Notice of Intention To and all rights to demand, enforce and United States on July 27, 1949, pursu­ Return Published, and Property collect the same, ant to the Trading with the Enemy Act, Erich Stamm, Prague, Czechoslovakia; is property within the United States as amended; Claim No. 6319; July 16, 1949 (14 F. R. 4032); owned or controlled by, payable or de­ 4. That the said sum of $194.97 is pres­ the property described in Vesting Order No. liverable to, held on behalf of or on ently in the possession of the Attorney 201 (8 F. R. 625, January 16, 1943) relating to General of the United States and was United States Letters Patent No. 2,156,517. account of, or owing to, or which is evi­ This return shall not be deemed to include dence of ownership or control by, the property within the United States owned the rights of any licensees under the above aforesaid national of a designated enemy or controlled by, payable or deliverable patent. country (Germany); to, held on behalf of or on account of, or owing to, or which was evidence of own­ Appropriate documents and papers and it is hereby determined: ership or control by, the aforesaid na­ effectuating this order will issue. 3. That to the extent that the person tionals of a designated enemy country Executed at Washington, D. C., on named in subparagraph 1 hereof is not (Germany) ; October 4, 1949. within a designated enemy country, the and it is hereby determined; For the Attorney General. national interest of the United States 5. That to the extent that the persons requires that such person be treated as named in subparagraph 1 hereof were [seal] D avid L. B azelon, a national of a designated enemy coun­ not within a designated enemy country Assistant Attorney General, try (Germany). on July 27, 1949, the national interest of Director, Office of Alien Property. All determinations and all action re­ the United States required that such per­ [F. R. Doc. 49-8142; Filed, Oct. 10, 1949; quired by law, including appropriate con­ sons be treated as nationals of a desig­ 8:49 a. m.]