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NUMBER 9VOLUME 16
Washington, Saturday, January 13, 1951
TITLE 3— THE PRESIDENTEXECUTIVE ORDER 10201
Attaching the Virgin Islands to the Internal Revenue Collection District of Maryland
By virtue of the authority vested in me by section 3650 (a) of the Internal Revenue Code, it is hereby ordered that the Virgin Islands be attached to and made a part of the internal revenue collection district of Maryland for all purposes authorized by the internal revenue laws of the United States.
This order shall be effective as of January 1, 1951.
Harry S. T ruman
The White House,January 11, 1951.
[F. R. Doc. 51-731; Filed, Jan. 12, 1951; 11:50 a. m.]
TITLE 7— AGRICULTUREChapter VII— Production and Mar
keting Administration (Agricultural Adjustment), Department of Agriculture
Part 729—Peanuts
proclamation of results of referendum ON MARKETING quotas for the years 1951, 1952 AND 1953§ 729.204 Basis and purpose. The
regulations contained in §§ 729.204 and 729.205 are issued to announce the results of the referendum held December 14, 1950, pursuant to section 358 (b) of the Agricultural Adjustment Act of 1938, as amended, to determine whether farmers favor or^ oppose marketing quotas for peanuts produced in the three calendar years beginning with 1951. The act requires the results of any peanut marketing quota referendum to be proclaimed within thirty days after the date on which it is held. Since the only purpose of this proclamation is to announce the results of the referendum, it is hereby found and determined that with respect to this proclamation application of the notice and public procedure provisions of the Administrative Procedure Act (5 U. S. C. 1003) is impracticable and unnecessary.
§ 729.205 Proclamation of the results of the marketing quota referendum for peanuts for the crops produced in the three calendar years beginning with the calendar year 1951. In a referendum of farmers engaged in the production of the 1950 crop of peanuts held on December 14, 1950, 71,210 farmers voted. Of those voting 50,417 farmers, or 70.80 percent, favored quotas for peanuts produced in the three calendar years beginning with 1951; 20,793 farmers, or 29.20 percents were opposed to having quotas in effect f<5r the crops produced in the three calendar years beginning with the calendar year 1951. Since more than two-thirds of the farmers voting favored quotas, the national marketing quota proclaimed by the Secretary of Agriculture for peanut» produced in the calendar year 1951 (15 P. R. 7291) shall be in effect, and national marketing quotas hereafter proclaimed for peanuts for the calendar years 1952 and 1953 shall be effective.(Sec. 375, 52 Stat. 66 as amended; 7 U. S. C. 1375. Interprets or applies sec. 358, 55 Stat. 88/as amended; 7 U. S._C. 1358)
Done at Washington, D. C., this 11th day of January 1951. Witness my hand and the seal of the Department of Agri
culture.[seal] Charles P. Brannan,
Secretary of Agriculture.[F. R. Dqg. 51-659; Filed, Jan. 12, 1951;
8:55 a. m.]
Chapter IX— Production and Marketing Administration (Marketing Agreements and Orders), Department of Agriculture
Orange Reg. 190]Part 933—Oranges, Grapefruit, and
Tangerines Grown in Florida
LIMITATION OF SHIPM ENTS
§ 933.502 Orange Regulation 190—(a) Findings. (1) Pursuant to the marketing agreement, as amended, and Order No. 33, as amended (7 CPR Part 933), regulating the handling of oranges, grapefruit, and tangerines grown in the State of Florida, effective under the applicable provisions of the Agricultural Marketing Agreement Act of 1937, as
(Continued on p. 339)
CONTENTSTHE PRESIDENT
Executive Order PageVirgin Islands attached to inter
nal revenue collection district of Maryland__________ ______ _ 337
I EXECUTIVE AGENCIESAgriculture Department See Production and Marketing
Administration.Alien Property, Office of Notices;
Vesting orders, etc.;Arai, Takao, and Jukichi
Takeda________________ 367Aoki, Kikutaro and Shun-
ta ro ______ 365Arima, Rev. Hajime and
Chiyeko________________ 365Bader, Karoline, and Robert
Huhn______ __________ 377Costs and expenses incurred
in New York court----------- 3 79'David, Ludwig Edward------- 367
Dorn, Karl_____________ - 365Evers, William H_________ - 377Goller, Walter____________ 366Hammacher, Heinrich, et al__ 378Haupt, August____________ 371Hopfe, Paul_____________ _ 371Ikeda, Shizuo, and Gozaye-
mon Higashi____________ 366Just, Erich_______________• 368Kawamura, Shizuto_______ 367Klimmer, Katchen, et al___- 367Klimmer, Katherine, et -al__ 363Koeppen, Boris__________- 372Koiso, Tetsunosuke_______ 372Leser, Rudolf, et al. (2 docu
ments) ...... .............. ......... 373, 374Levis, Aaron______________ 372Möller, Captain Carl, and
Frau Carl_____________ 362Nishi, Nakazo, et al________ 380Reinshagen, Ernst W_______ 368Rieker, Karoline Marie_____ 369Schmidt, H e n r i e t t a , and
George____:________ ___ 362Schroeder, Gertrude______« 373Sormani, N______^______ _ 373Sugita, Jim, et al________ 374Suzuki, H., & Co., et al--------- 369Suzuki, Torishichi and Yaye- 374Takatsuka, Mitsuji, et al____ 363Tamàte, Kesajiro and Iso__. 363Tatsutani, Mrs. Shizi, et al._„ 363Theiss, Emma, et al_______- 364Tomita, Kenichi, et al______ 370
337
338 RULES AND REGULATIONS
Published daily, except Sundays, Mondays, and days following official Federal holidays, by the Division of the Federal Register, National Archives and Records Service, General Services Administration, pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U. S. C., ch. 8B), under regulations prescribed by the Administrative Committee of the Federal Register, approved by the President. Distribution is made only by the Superintendent of Documents, Government Printing Office, Washington 25, D. C.
The regulatory material appearing herein is keyed to the Code of Federal Regulations, which is published, under 50 titles, pursuant to section 11 of the Federal Register Act, as amended June 19, 1937.
The F ederal R egister will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15.00 per year, payable in advance. The charge for individual copies (minimum 154) varies in proportion to the size of the issue. Remit check or money order, made payable to the Superintendent of Documents, directly to the Government Printing Office, Washington 25, D. C.
There are no restrictions on the republication of material appearing in the F ederal R egister .
Now Available
FEDERAL REGISTER 1936-49
ON MICROFILMThe National Archives has reproduced
all issues of the Federal Register for 1936—49 on 35 mm. microfilm, positive prints of which can be purchased for $350.00. The annual indexes and codification guides are included.
Current and future volumes will be microfilmed after the publication of each annual index.
Positive prints of volumes 1—14 may be purchased separately as follows: Vol. 1, 1936 ($8); Vol. 2, 1937 ($12); Vol. 3, 1938 ($8); Vol. 4, 1939 ($16); Vol. 5, 1940 ($16); Vol. 6, 1941 ($20); Vol. 7, 1942 ($36); Vol. 8, 1943 ($52); Vol. 9, 1944 ($40); Vol. 10, 1945 ($44); Vol. 11, 1946 ($44); Vol. 12, 1947 ($24); Vol. 13, 1948 ($28); and Vol. 14, 1949 ($24).
Remit check or money order, payable to the Treasurer of the United States, to the National Archives and Records Service, General Services Administration, Washington 25, D. C.
CONTENTS— ContinuedAlien Property, Office of— Con. Pa8® Notices—Continued
Vesting orders, etc.—ContinuedUchmura, Sumire_________ 364Usami, Yasu______________ 363Uyesugi, Tadashi, et al____ 375Van Spengler, Elsa Maria___ 369Vogt, Arthur C____________ 375Von Weel, Martha, and Ger
trude Eckhardt.________ 376
CONTENTS— ContinuedAlien Property, Office of— Con. PaseNotices—Continued
Vesting orders, etc.—ContinuedWatanuki, Tetsuo, et al_____ 364Weiss, Paul, et ux_________ 380Wichern, Henry___________ 371Wicke, Wilhelmine________ 371Wilke, Helmut, et al_______ 376Wittschieben, Clause, et al__ 375Wolf, Anna, et al__________ 376Yamao, Enichi and Matsuyo- 365 Yamao, Yoshitaka Elbert and/
Enichi________________ 377Yamauchi, Takashi D., et al__ 378Yasumichi, Fusao, et al_____ 379Ziegler, Kurt and Erika_____ 379
Civil Aeronautics Administration
Delegation of authority to Administrator with respect to development of improved transport aircraft (see (Commerce Department).
Rules and regulations:Air traffic; danger area altera-
tio n s___________________ 344Civil airways, designation; mis
cellaneous amendments_____ 344Control areas, control zones,
and reporting points, designation; miscellaneous amendments _______________ 344
Civil Aeronautics BoardSee also Civil Aeronautics Admin
istration.Notices: *
West Coast common fargs case; hearing_________ 360
Commerce Department See also Civil Aeronautics Admin-
* istration; National Production Authority.
Notices:Delegation of authority to Civil
Aeronautics Administrator with respect to development of improved transport air-c r a f t___________________ 359
Temporary delegation of authority under Reorganization Plan No. 21; correction_____ 360
Defense Department Notices:
Summary of uniform instructions—.-_______________ 357
Federal Communications Commission
Notices:' Chamberlain, Charles H.; hear-
ing___________ _________ 369Federal Housing Administration Notices:
Field organization__________ 361Rules and regulations:
Property improvement loans, class 1 and 2; down payment- 350
Federal Power Commission Notices:
Hearings, etc.:Delaware River Development
Corp--------------------- ------ 361Mercer Gas Light and Fuel
Co___________________ 360Southern Natural Gas Co__1 360
CONJENTS— ContinuedFederal Power Commission— Pase
Continued Notices—Continued
Hearings, etc.—Continued Texas Eastern Transmission
Corp. and Mississippi RiverFuel Corp______________ 360#
Housing and Home Finance Agency
See Federal Housing Administration.
Housing Expediter, Office of Rules and regulations:
Rent, controlled; housing and rooms in rooming houses and other establishments in certain States and Puerto Rico- 350
Interior Department See Land Management Bureau. Internal Revenue Bureau Rules and regulations:
Income tax, taxable years beginning after Dec. 31, 1941; extension of time for filing declaration of estimated tax for 1950 for certain U. S. employees________________ 351
Land Management, Bureau of Notices: -
Nevada; classification order___ 359National Production Authority Rules and regulations:
Basic rules of the priorities sys-tem_______ 352
Methylene chloride__________ 355Post Office Department Rules and regulations:
Classification and rates of postage_______ 357
Domestic mail matter, treatment at receiving post offices*.----------------------------- 357
Production and Marketing Administration
Rules and regulations: Limitation of shipments:
Arizona and part of California:
Grapefruit_____________ 341Lemons_______________ 341Oranges_________________ 342
Florida:Grapefruit_____________ '339Oranges_______ -_______ 337Tangerines_____________ 340
Peanuts; results of referendum on marketing quotas for 1951,1952 and 1953______________ 337
Securities and Exchange Commission
Notices:Hearings, etc. :
American Gas and Electric Co. and American Gas andElectric Service Corp_____ 362
National Airlines, Inc______ 361Rules and regulations:
Form and content of financial statements, Securities Act, Securities Exchange Act and Investment Company Act; face-amount certificate investment companies_______ 345
339Saturday, January 13, 1951
CONTENTS— ContinuedTreasury Department Pa8®See Internal Revenue Bureau. Veterans’ Administration Rules and regulations:
Servicemen’s Readjustment Act of 1944; loans which may be processed automatically------ 356
CODIFICATION GUIDEA numerical list of the parts of the Code
of Federal Regulations affected by documents published in this issue. Proposed rules, as opposed to final actions, are identified as such.
Title 3 PaseChapter II (Executive orders):
10201 __-__________________ 337Title 7 Chapter VII:
Part 729___________________ 337Chapter EX:
Part 933 (3 documents)_ 337, 339, 340Part 953___________________ 341Part 955____________ 341Part 966___________________ 342
Title 14 Chapter I:
Part 60___ 344Chapter II:
Part 600______________ 344Part 601_______ 344
Title 17 Chapter H:
Part 210______ 345Title 24 Chapter n :
Part 201_________ ________— 350Chapter VHI:
Part 825______________ 350Title 26 Chapter I:
Part 29_______________________351Title 32A Chapter I:
Part 11____ 352Part 74_____________ 355
Title 38 Chapter I:
Part 36________ 356Title 39 Chapter I:
Part 341____ 357Part 43____________ ________ 357
amended, and upon the basis of the recommendations of the committees established under the aforesaid amended marketing agreement and order, and upon other available information, it is hereby found that the limitation of shipments of oranges, as hereinafter provided, will tend to effectuate the declared policy'of the act.
(2) It is hereby further found that it is impracticable and contrary to the public interest to give preliminary notice, engage in public rule making procedure, and postpone the effective date of this regulation until 30 days after publication thereof in the F ederal Register (60 Stat. 237; 5 U. S. C. 1001 et seq.> because the time intervening between the date when information upon which this section is
FEDERAL REGISTER
based became available and the time when this regulation must become effective in order to effectuate the declared policy of the act is insufficient; a reasonable time is permitted,- under the circumstances, for preparation for such effective time; and good cause exists for making the provisions of this section effective not later than January 15, 1951. Shipments of oranges, grown in the State of Florida, have been subject to regulation by grades and sizes, pursuant to the amended marketing agreement and order, since September 11, 1950, and will so continue until January 15, 1951; the recommendation and supporting information for continued regulation subsequent to January 14 was promptly submitted to the Department after an open meeting of the Growers Administrative Committee on January 9; such meeting was held to consider recommendations for regulation, after giving due notice of such meeting, and interested persons were afforded an opportunity to submit their views at this meeting; the provisions of this section, including the effective time thereof, are identical with the aforesaid recommendation of the committee, and information concerning such provisions and effective time has been disseminated among handlers of such oranges ; it is necessary, in order to effectuate the declared policy of the act, to make this section effective during the period hereinafter set forth so as to provide for the continued regulation of the handling of oranges; and compliance with this section will not require any special preparation on the part of persons subject thereto which cannot be completed by the effective time hereof.
(b) Order. (1) During the period beginning at 12:01 a. m„ e. s. t., January15,1951, and ending at 12:01 a. m., e. s. t., January 22, 1951, no handler shall ship:
(1) Any oranges, e x c e p t Temple oranges, grown in Regulation Area I which grade U. S. No. 2 Bright, U. S. No.2, U. S. No. 2 Russet, U. S. No. 3, or lower than U. S. No. 3 grade;
(ii) Any oranges, e x c e p t Temple oranges, grown in Regulation Area II which grade U. S. No. 2 Russet, U. S. No.3, or lower than U. S. No. 3 grade;
(iii) Any oranges, except Temple oranges, grown in Regulation Area II which grade U. S. No. 2 or U. S. No. 2 Bright unless such oranges (a) are in the same container with oranges which grade at least U. S. No. 1 Russet and (b) are not in excess of 50 percent, by count, of the number of all oranges in such container;
(iv) Any oranges, except Temple oranges, grown in Regulation Area I or Regulation Area II which are of a size smaller than a size that will pack 252 oranges, packed in accordance with the requirements of a standard pack, in a standard nailed box; or
(v) Any Temple oranges, grown in Regulation Area I or Regulation Area II, which grade U. S. No. 2 Russet, U. S. No. 3, or lower than U. S. No. 3 grade.
(2) As used in this section, the terms “handler,” “ship,” “Regulation Area I,” “Regulation Area n,” and “Growers Administrative Committee” shall each have the same meaning as when used in said amended marketing agreement and
order; and the terms “U. S. No. 1 Russet,” “U. S. No. 2 Bright,” “U. S. No. 2,” “U. S. No. 2 Russet,” “U. S. No. 3,” “standard pack,” “container,” and “standard nailed box” shall each have the same meaning as when used in the revised United States Standards for Oranges (7 CFR 51.192).(Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. and Sup., 608c)
Done at Washington, D. C„ this 11th day of January 1951.
[seal] S. R. Smith,Director, Fruit and Vegetable
Branch, Production and Marketing Administration.
[F. R. Doc. 51-662; Filed, Jan. 12, 1951; 8:55 a. m.]
[Grapefruit Reg. 134]Part 933—Oranges, G rapefruit, and
Tangerines Grown in F lorida
LIMITATION OF SH IPM EN TS
§ 933.503 Grapefruit Regulation 134— (a) Findings. (1) Pursuant to the marketing agreement, as amended, and Order No. 33, as amended (7 CFR Part 933), regulating-the handling of oranges, grapefruit, and tangerines grown in the State of Florida, effective under the applicable provisions of the Agricultural Marketing Agreement Act of 1937, as amended, and upon the basis of the recommendations of the committees established under the aforesaid amended marketing agreement and order, and upon other available information, it is hereby found that the limitation of shipments of grapefruit, as hereinafter provided, will tend to effectuate the declared policy of the act.
(2) It is hereby further found that it is impracticable and contrary to the public interest to give preliminary notice, engage in public rule making procedure, and postpone the effective date of this section until 30 days after publication in the Federal Register (60 Stat. 237; 5 U. S. C. 1C01 et seq.) because the time intervening between the date when information upon which this regulation is based became available and the time when this regulation must become effective in order to effectuate the declared policy of the act is insufficient; a reasonable time is permitted, under the circumstances, for preparation for such effective time; and good cause exists for making the provisions of this section effective not later than January 15,1951. Shipments of grapefruit grown in the State of Florida, have been subject to regulation by grades and sizes, pursuant to the amended marketing agreement and order, since September 11,1950, andwill so continue until January 15, 1951; the recommendation and supporting information for continued regulation subsequent to January 14 was promptly submitted to the Department after an open meeting of the Growers Administrative Committee on January 9; such meeting was held to consider recommendations for regulation, after giving due notice of such meeting, and interested persons were afforded an op-
340 RULES AND REGULATIONSportunity to submit their views at this meeting; the provisions of this section, including the effective time thereof, are identical with the aforesaid recommendation of the committee, and information concerning such provisions and effective time has been disseminated among handlers of such grapefruit; it is necessary, in order to effectuate the declared policy, of the act, to make this section effective during the period hereinafter set forth so as to provide for the continued regulation of the handling of grapefruit; and compliance with this section will not require any spècial preparation on the part of persons subject thereto which cannot be completed by the effective time hereof.
(b) Order. (1) During the period beginning at 12:01 a. m., e. s. t., January15,1951, and ending at 12:01 a. m., e .s. t., January 22, 1951, no handler shall ship:
(i) Any grapefruit of any variety, grown in Regulation Area I, which do not grade at least U. S. No. 2;
(ii) Any white seeded grapefruit, grown in Regulation Area I, which are of a size smaller than a size that will pack 70 grapefruit, packed in accordance with the requirements of a standàrd pack, in a standard nailed box;
(iii) Any seedless grapefruit, grown in Regulation Area I, which are of a size smaller than a size that will pack 96 grapefruit, packed in accordance with the requirements of a standard pack, in a standard nailed box;
(iv) Any pink seeded grapefruit, grown in Regulation Area I, which are of a size smaller than a size that will pack 80 grapefruit, packed in accordance with the requirements of a standard pack, in a standard nailed box;
(v) Any grapefruit of any variety, grown in Regulation Area II, which grade U. S. No. 3 or lower than U. S. No. 3 Grade;
(vi) Any white seeded grapefruit, grown in Regulation Area II, which grade U. S. No. 2, U. S. No. 2 Bright, or U. S. No. 2 Russet, unless such grapefruit are of a size not smaller than a size that Will pack 70 grapefruit, packed in accordance with the requirements of a standard pack, in a standard nailed box;
(vii) Any white seeded grapefruit, grown in Regulation Area II, which grade at least U. S. No. 1 Russet, unless such grapefruit are not smaller than a size that will pack 80 grapefruit, packed in accordance with the requirements of a standard pack, in a standard nailed box;
(viii) Any white seedless grapefruit, grown in 'Regulation Area II, which grade U. S. No. 2 Russet, unless such grapefruit are not smaller than a size that will pack 80 grapefruit, packed in accordance with the requirements of a standard pack, in a standard nailed box;
(ix) Any white seedless grapefruit, grown in Regulation Area II, which grade at least U. S. No. 2, unless such grapefruit are of a size not smaller than a size that will pack 96 grapefruit, packed in accordance with the requirements of a standard pack, in a standard nailed box;
(x) Any pink seeded grapefruit, grown in Regulation Area II, unless such grapefruit grade at least U. S. No. 2 Russet and
are of a size not smaller than a size that will pack 80 grapefruit, packed in accordance with the requirements of a standard pack, in a standard nailed box;
(xi) Any pink seedless grapefruit, grown in Regulation Area II, which grade U. S. No. 2 Russet, unless such grapefruit are not smaller than a size that will pack 80 grapefruit, packed in accordance with the requirements of a standard pack, in a standard nailed box; or
(xii) Any pink seedless grapefruit, grown iii Regulation Area II, which grade at least U. S. No. 2, unless such grapefruit are of h size not smaller than a size that will pack 96 grapefruit, packed in accordance with the requirements of a standard pack, in a standard nailed box.
(2) As used in this section, “Regulation Area I,” • “Regulation Area II,” “handler,” “variety,” “ship,” and “Growers Administrative Committee,” shall have the same meaning as when used in said amended marketing agreement and order; and “U. S. No. 1 Russet,” “U. S. No. 2,” “U. S. No. 2 Russet,” “U. S. No. 3,” “standard pack,” and “standard nailed box” shall have the same meaning as when used in the revised United States Standards for Grapefruit (7 CFR 51.191).(Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. and Sup., 608c)
Done at Washington, D. C., this 11th day of January 1951.
[seal] s . R. S m ith ,Director, Fruit and Vegetable
Branch, Production and Marketing Administration.
[F. R. Doc. 51-661; Filed, Jan. 12, 1951;8:55 a. m.]
[Tangerine Reg. 104]
Part 933—Oranges, Grapefruit, and T angerines Grown in Florida
limitation of shipments
§ 933.504 Tangerine Regulation 104—(a) Findings. (1) Pursuant to the marketing agreement, as amended, and Order No. 33, as amended (7 CFR Part 933), regulating the handling of oranges, grapefruit, and tangerines grown in the State of Florida, effective under the applicable- provisions of the Agricultural Marketing Agreement Act of 1937, as amended, and upon the basis of the recommendations of the committees established under the aforesaid amended marketing agreement and order, and upon other available information, it is hereby found that the limitation of shipments of tangerines, as hereinafter provided, will tend to effectuate the declared policy of the act.
(2) It is hereby further found that it is impracticable and contrary to the public interest to give preliminary notice, engage in public rule making procedure, and postpone the effective date of this section until 30 days after publication thereof in the Federal Register (60 Stat. 237; 5 U. S. C. 1001 et seq.) because the time intervening between the date when
information upon which this section is based became available and the time when this section must become effective in order to effectuate the declared policy of the act is insufficient; a reasonable time is permitted, under the cirpum- stances, for preparation for such effective time; and good cause exists for making the provisions of this section effective not later than January 15, 1951. Shipments of tangerines, grown in the State of Florida, have been subject to regulation by grades and sizes, pursuant to the amended marketing agreement and order, since October 23, 1950, and will so continue until January 15,1951; the recommendation and supporting information for continued regulation subsequent to \january 14 was promptly submitted to the Department after an open meeting of the Growers Administrative Committee on January 9; such meeting was held to consider recommendations for regulation, after giving due notice of such meeting, a»d interested persons were afforded an opportunityJ;o submit their views at this meeting; the provisions of this section, including the effective time thereof, are identical with the aforesaid recommendation of the committee, and information concerning such provisions and effective time has been disseminated among handlers of such tangerines; it is necesary, in order to effectuate the declared policy of the act, to make this section effective during the period hereinafter set forth so as to provide for the continued regulation of the handling of tangerines; and com-
i pliance with this section will not require any special preparation on the part of persons subject thereto which cannot be completed by the effective time hereof... (b) Order. (1) During the period beginning at 12:01 a. m., e. s. t., January 15, 1951, and ending at 12:01 a. m., e. s. t., January 22, 1951, no handler shall ship:
(ii) Any tangerines, grown in the State of Florida, that do not grade at least U. S. No. 1 Bronze; or
(ii) Any tangerine^, grown in the State of Florida, which are of a size smaller than the size that will pack 176 tangerines, packed in accordance with the requirements of a standard pack, in a half-standard box (inside dimensions 9V2 x 9V2 x 19Ya inches; capacity 1,726 cubic inches).
(2) As used in this section, “handler,” “ship,” and “Growers Administrative Committee” shall have the same meaning as when used in said amended marketing agreement and order; and “U. S. No. 1 Bronze” and “standard pack” shall have the same meaning as when used in the United States Standards for Tangerines (7 CFR 51.416).(Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. and Sup., 608c)
Done at Washington, D. C., this Hth day of January 1951.
[seal] S. R. Smith,Director, Fruit and Vegetable
Branch, Production and Marketing Administration.
[F. R. Doc. 51-663; Filed, Jan. 12, 1£51;8:55 a. m.]
Saturday, January 13, 1951 FEDERAL REGISTER 341
[Lemon Reg. 365]
Part 953—Lemons Grown in California and Arizona
LIMITATION OF SH IPM EN TS
§ 953.472 Lemon Regulation 365—(a) Findings. (1) Pursuant to the marketing agreement, as amended, and Order No. 53; as amended (7 CFR Part 953; 14 P. R. 3612), regulating the handling of lemons grown in the. State of California or in the State of Arizona, effective under the applicable provisions of the Agricultural Marketing Agreement Act of 1937, as amended (7 U. S. C. 601 et seq.), and upon the basis of the recommendation and information submitted by the Lemon Administrative Committee, established under the said amended marketing agreement and order, and upon other available information, it is hereby found that the limitation of the quantity of such lemons which may be handled, as hereinafter provided, will tend to effectuate the declared policy of the act.
(2) It is hereby further found that it is impracticable and contrary to the public interest to give preliminary notice, engage in public rule-making procedure, and postpone the effective date of this section until 30 days after publication thereof in the Federal R egister (60 Stat. 237; 5 U. S. C. 1001 et seq.) because the time intervening between the date when information upon which this regulation is based became available and the time when this section must become effective in order to effectuate the declared policy of the act is insufficient, and a reasonable time is permitted, under the circumstances, for preparation for such effective time; and good cause exists for making the provisions hereof effective as hereinafter set forth. Shipments of lemons, grown in the State of California or in the State of Arizona, are currently subject to regulation pursuant to said amended marketing agreement and order; the recommendation and supporting information for regulation during the period specified herein was promptly submitted to the Department after an open meeting of the Lemon Administrative Committee on January 10,1951, such meeting was held, after giving due notice thereof to consider recommendations for regulation, and interested persons were afforded an opportunity to submit their views at this meeting; the provisions of this section, including its effective time, are identical with the aforesaid recommendation of the committee, and information concerning such provisions and effective time has been disseminated among handlers of such lemons; it is necessary, in order to effectuate the declared policy of the act, to make this section effective during the period hereinafter specified; and compliance with this section will not require any special preparation on the part of persons subject thereto which cannot be completed by the effective time thereof.
(b) Order. (1) The quantity of lemons grown in the State of California or in the State of Arizona which may be handled during the period beginning at 12:01 a. m., P. s. t., January 14,1951, and
ending at 12:01 a. m., P. s. t., January 21, 1951, is hereby fixed as follows;
(1) District 1: 30 carloads;(ii) District 2: 230 carloads;(iii) District 3: Unlimited movement.(2) The prorate base of each handler
who has made application therefor, as provided in the said amended marketing agreement and order, is hereby fixed in accordance with the prorate base schedule which is attached hereto and made a part hereof by this reference.
(3) As used in this section, “handled,” “handler,” carloads,” “prorate base,” “District 1,” “District 2” and “District 3,” shall have the same meaning as when used in the said amended marketing agreement and order.(Sec. 5, 49 Stat. 753, as amended; 7 Ü. S. C. and Sup., 608c)
Done at Washington, D. C., this 11th day of January 1951.
[seal] S. R. Smith,Director, Fruit and Vegetable
Branch, Production and Marketing Administration.
P robate Base Sch ed u le
district NO. 1
Storage Date: January 7, 1951[12:01 a. m. Jan. 14, 1951, to 12:01 a. m.
Jan. 28, 1951]Prorate base
Handler (percent)Total_____________________ 100.000
Klink Citrus Association__________ 29.140Lemon Cove Association__________ 22.105Porterville Citrus Association, The_ . 178Tulare County Lemon & Grape
fruit Association_____________ 43. 227California Citrus____________ - __ .243Harding & Leggett______________ 4. 782Kroells Packing Co________ . 000Sky Acres Ranch_________________ . 058Zaninovich Bros., Inc—_________« .267
v DISTRICT NO. 2
Total....................—................... 100.000
American Fruit Growers, Inc., Corona__________________________ . 416
American Fruit Growers, Inc., Ful-.lerton________________________ . 300
American Fruit Growers, Inc., Upland_______:_________________ _ .460
Eadington Fruit Co______________ . 039Hazeltine Pàcking Co____________ 2. £96Ventura Coastal Lemon Co_______ 4. 817Ventura Pacific Co---------------------- 2.354Glendora Lemqn Growers Associa
tion ________ 1. 614La Verne Lemon Association_____ _ 596La Habra Citrus Association_____ _ . 553Yorba Linda Citrus Association___ . 112Escondido Lemon Association_____ 2.338Alta Loma Heights Citrus Associa
tion _________________________ - 1. 017Etiwanda Citrus Fruit Association_\ , 635Mountain View Fruit Association__ . 523Old Baldy Citrus Association_____ _ 1.329San Dimas Lemon Association____ _ . 874Upland Lemon Growers Association. 6.156Central Lemon Association______ _ . 129Irvine Citrus Association________ _ .162Placentia Mutual Orange Associa
tion _______________________ _ .435Corona Citrus Association_______ _ . 866Corona Foothill Lemon Co________ 2. 675Jameson Co__.______________ .952Arlington Heights Citrus Co_____ - 1. 068College Heights Orange & Lemon
Association_____________ - 2. 772Chula Vista Citrus Association___ _ .577El Cajon Valley Citrus Association. , .050
P rorate B ase Sch ed u le—Continued district n o . 2—continued
Prorate baseHandler (percent)
Escondido Cooperative Citrus Association_____________________ _ 0.227
Fallbrook Citrus Association______ 1. 643Lemon Grove Citrus Association__ _ . 203Carpinteria Lemon Association____ 3. 5S6Carpinteria Mutual Citrus Associa
tion ______________ ____ ______ 4. 016Goleta Lemon Association_______ _ 4. 800Johnston Fruit Co_______________ 6. 529North Whittier Heights Citrus Asso
ciation________________________ *. 297San Fernando Heights Lemon Asso
ciation________________________ 6.200Sierra Madre-Lamanda Citrus Asso
ciation________________________ 1.776Briggs Lemon Association_____ . ___ . 676Culbertson Lemon Association____ 1. 847Fillmore Lemon Association______ . 897Oxnard Citrus Association________ 5. 885Rancho Sespe___________________ . 263Santa Clara Lemon Association___ 2. 852Santa Paula Citrus Fruit Associa
tion___________ 1. 022Saticoy Lemon Association________ 4. 080Seaboard Lemon Association.i____ 3. 993Somis Lemon Association____ ____ 2.403Ventura Citrus Association________ 1.177Ventura County Citrus Association. . 013Limoneira Co_______________________ 1. 247Teague-McKevett Association____ _ . 399East Whittier Citrus Association__ . 192Lefiingwell Rancho Lemon Associa
tion___________________________ . 163Murphy Ranch Co__________ .255Chula Vista Mutual Lemon Associa
tion___________ .607Index Mutual Association________ . 168La Verne Cooperative Citrus Associa
tion___________________________ 3.170Orange Belt Fruit Distributors____ . 629Ventura County Orange & Lemon
Association____________________ 1.996Whittier Mutual Orange & Lemon
Association___________________ .061Evans Bros. Packing Co__________ . 036Latimer, Harold_________________ .015Paramount Citrus Association, In c .. .411 San Antonio Orchard Co__________ .018[F. R. Doc. 51-586; Filed, Jan. 12, 1951;
11:19 a. m.]
[Grapefruit Reg. 74]Part 955—Grapefruit Grown in Ari
zona; in I mperial County, Calif.; and in That Part of R iverside County, Calif., S ituated South and East of the San Gorgonio Pass
LIMITATION OF SH IPM EN TS
§ 955.335 Grapefruit Regulation 74— (a) Findings. (1) Pursuant to the marketing agreement, as amended, and Order No. 55, as amended (7 CPR Part 955), regulating the handling of grapefruit grown in the State of Arizona; in Imperial County, California; and in that part of Riverside County, Oalifornia, situated south and east of the San Gorgonio Pass, effective under the applicable provisions of the Agricultural Marketing Agreement Act of 1937, as amended, and upon the basis of the recommendations of the Administrative Committee (established under the aforesaid amended marketing agreement and order), and upon other available information, it is hereby found that the limitation of shipments of grapefruit, as hereinafter provided, will tend to effectuate the declared policy of the act.
342
(2) It is hereby further found that it is impracticable and contrary to the public interest to give preliminary notice, engage in public rule making procedure, and postpone the effective date of this section until 30 days after publication thereof in the F e d e r a l R e g is t e r (60 Stat. 237; 5 U. S. C. 1001 et seq.) because the time intervening between the date when information upon which this section is based became available and the time when this section must become effective in order to effectuate the declared policy of the act is insufficient; a reasonable time is permitted, under the circumstances, for preparation for such effective time; and good cause exists for making the provisions of this section effective not later than January 14, 1951. Shipments of grapefruit, grown as aforesaid, have been subject to regulation by grades and sizes, pursuant to the amended marketing agreement and order, since October15.1950, and will so continue until January 14, 1951; the recommendation andr supporting information for continued regulation subsequent to January 13, 1951, was promptly submitted to the Department after an open meeting of the Administrative Committee on January 4; such meeting was held to consider recommendations for regulation, after giving due notice of such meeting, and interested persons were afforded an opportunity to submit their views at this meeting; the provisions of this section, including the effective time thereof, are identical* with the aforesaid recommendation of the committee, and information concerning such provisions and effective time has been disseminated among handlers of such grapefruit; it is necessary, in order to effectuate the declared policy of the act, to make this section effective during the period hereinafter set forth so as to provide for the continued regulation of the handling of grapefruit; and compliance with this section will not require any special preparation on the part of persons subject thereto which cannot be completed by the effective time hereof.
(b) Order. (1) During the period beginning at 12:01 a. m., P. s. t., January14.1951, and ending at 12:01 a. m., P. s. t„ February 18,1951, no handler shall ship:
(i) Any grapefruit of any variety grown in the State of Arizona; in Imperial County, California; or in that part of Riverside County, California, situated south and east of the San Gorgonio Pass unless such grapefruit are at least fairly well colored, and otherwise grade at least U. S. No. 2; or
(ii) From the State of California or the State of Arizona (a) to any point outside thereof in the United States, any grapefruit, grown as aforesaid, which are of a size smaller than 3n/Í6 inches in diameter, or (b) to any point in Canada, any grapefruit, grown as aforesaid, which are of a size smaller than 3%e inches in diameter (“diameter” in each case to be measured midway at a right angle to a straight line running from the stem to the blossom end of the fruit), except that a tolerance of 5 percent, by count, of grapefruit smaller than the foregoing minimum sizes shall be permitted which
RULES AND REGULATIONS
tolerance shall be applied in accordance with the provisions for the application of tolerance, specified in the revised United States Standards for Grapefruit (California and Arizona), 7 CFR 51.241: Provided, That, in determining the percentage of grapefruit in any lot which are smaller than 31:VÌ6 inches in diameter, such percentage shall be based only on the grapefruit in such lot which are of a size 4%e inches in diameter and smaller; and in determining the percentage of grapefruit in any lot which are smaller than 3%6 inches in diameter, such percentage shall be based only on the grapefruit in such lot which are of a size 3!%6 inches in diameter and smaller.
(2) As used in this section, “handler,” “variety," “grapefruit,” and “ship” shall have the same meaning as when used in said amended marketing agreement and order; and the terms “U. S. No. 2” and “fairly well colored” shall each have the sfflie meaning as when used in the revised United States Standards for Grapefruit (California and Arizona), 7 CFR 51.241.(Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. and Sup. 608c)
Done at Washington, D. C., this 11th day of January 1951.
[seal] S. R. Smith,Director, Fruit and Vegetable
Branch, Production and Marketing Administration,
[P. R. Doc. 51-680; Piled, Jan. 12, 1951;8:55 a. m.j
[Orange Reg. 354]P art 966—Oranges Grown in California
and Arizona
LIMITATION OF SHIPMENTS
§ 966.500 Orange Regulation 354— (a) Findings. (1) Pursuant to the provisions of Order No. 66, as amended (7 CFR Part 966; 14 F. R. 3614), regulating the handling of oranges grown in the State of California or in the State of Arizona, effective under the applicable provisions of the Agricultural Marketing Agreement Act of 1937, as amended (7 U. S. C. 601 et seq.), and upon the basis of the recommendation and information submitted by the Orange Administrative Committee, established under the said amended order, and upon other available information, it is hereby found that the limitation of the quantity of such oranges which may be handled, as hereinafter provided, will tend to effectuate the declared policy of the act.
(2) It is hereby further found that it is impracticable and contrary to the public interest to give preliminary notice, engage in public rule-making procedure, and postpone the effective date of this section until 30-days after publication thereof in the Federal R egister (60 Stat. 237; 5 U. S. C. 1001 et seq.) because the time intervening between the date when information upon which this section is based became available and the time when this section must become effective in order to effectuate the declared policy
of the act is insufficient, and a reasonable time is permitted, under the circumstances, for preparation for such effective time] and good cause exists for making the provisions hereof effective as hereinafter set forth. Shipments of oranges, grown in the State of California or in the State of Arizona, are currently subject to regulation pursuant to said amended order; the recommendation and supporting information for regulation during the period specified herein was promptly submitted to the Department after an open meeting of the Orange Administrative Committee on January 11,1951, such meeting was held, after giving due notice thereof to consider recommendations for regulation, and interested persons were afforded an opportunity to submit their views at this meeting; the provisions of this section, including its effective time, are identical with the aforesaid recommendation of the committee, and information concerning such provisions and effective time has been disseminated among handlers of such oranges; it is necessary, in order to effectuate the declared policy of the act, to make this section effective during the period hereinafter specified; and compliance with this section will not require any special preparation on the part of persons subject thereto which cannot be completed by the effective time thereof.
(b) Order. (1) Subject to the size requirements ty Orange Regulation 347 (7 CFR 966.493; 15 F. R. 8153), the quantity of oranges grown in the State of California or in the State of Arizona which may be handled during the period beginning at 12:01 a. m., P. s. t., January 14, 1951, and ending at 12:01 a. m., P. s. t., January 21, 1951, is hereby fixed as follows:
(1) Valencia oranges, (a) Prorate District No. 1: No movement;
(b) Prorate District No. 2: Unlimited movement;
Kc) Prorate District No. 3: No movement;
(d) Prorate District No. 4: No movement.
(ii) Oranges other than Valencia oranges, (a) Prorate District No. 1: 600 carloads;
(b) Prorate District No. 2: 225 carloads;
(c) Prorate District No. 3: Unlimited movement;
(d) Prorate District No. 4: Unlimited movement.
(2) The prorate base of each handler who has made application therefor, as provided in the said amended order, is hereby fixed in accordance with the prorate base schedule which is attached hereto and made a part hereof by this reference.
(3) As used in this section “handled,” “handler,” “varieties,” “carloads,” and “prorate base” shall have the same meaning as when used in the said amended order; and the terms “Prorate D i s t r i c t No. 1,” “Prorate District No. 2,” “ P r o r a t e District No. 3,” and “Prorate District No. 4” shall each have the same meaning a s given to the respective terms in § 966.107, as amended (15 F. R. 8712), of the cur-
Saturday, January IS, 1951
rent rules and regulations (7 CFR 966.103 et seq.), as amended (15 F. R. 8712).(Sec. 5, 49 Stat. 753, as amended; 7 U. S. O. and Sup. 608c)
Done at Washington, D. C., this 12th day of January 1951.
[seal] S. R. Smith,Director, Fruit and Vegetable
Branch, Production and Marketing Administration.
P rorate B ase Sc h e d u l e
[12:01 a. m.', P. s. t., Jan. 14, 1951, to 12:01 a. m., P. s. t., Jan. 21, 1951]
ALL ORANGES OTHER THAN VALENCIA ORANGES
Prorate District No. 1Prorate base
Handler ( percent )TolÆl____________________ 100.0000
P. G. Lindsay.............. - ................. 2.0425A. P. G. Porterville___ _________ - 1. 6120Ivanhoe Cooperative Association— . 6395Sandilands Fruit Co_______ ._____ .2928Dofflemyer & Son, W. Todd_______ . 5363Earlibest Orange Association_____ 1. 7329Elderwood Citrus Association ___ _ 1.1794Exeter Citrus Association________ 2. 2589Exeter Orange Growers Associa
tion ________________________ - 1. 2419Exeter Orchard Association--_------- 1.4542Hillside Packing Association____ __ 1.1668Ivanhoe Mutual Orange Asocia-
tion _________________________ 1.0811Klink Citrus Association_________. 4. 3269Lemon Cove Association_________ 2. 2154Lindsay Citrus Growers Associa
tion _________________________ 2.5954Lindsay Cooperative Citrus Associa
tion _________________________ ■ 1. 0673Lindsay Fruit Association:________ 1. 5645Lindsay Orange Growers Associa
tion _______________ __________ 1. 5085Naranjo Packing House_________ 1.0977Orange Cove Citrus Association__ _ 4. 5098Orange Packing Co______________ 1. 2039Orosi Foothill Citrus Association_ 1.5123Paloma Citrus Fruit Association__ 1.0280Rocky Hill Citrus Association_____ 1. 2637Sanger Citrus Association________ 4. 6734Sequoia Citrus Association_______ 1. 0489Stark Packing Corp___________:__ 3.3713Visalia Citrus Association_______.. 1. 8680Waddell & Son_________________ 1.7627Baird-Neece Corp !_________ ____ . 9610Beattie Association, D. A_________ . 3276Grand View Heights Citrus Associa
tion _________________________ 2. 5562Magnolia Citrus Association______ 1. 9261Porterville Citrus Association____ 1. 3516Richgrove Jasmine Citrus Associa
tion . . . ________________ _____ 1.5041Strathmore Cooperative Associa
tion —_______ ________________ 1.3991Strathmore District Orange As
sociation_____________________ 1.2829Strathmore Fruit Growers Assçcia-
tion ----------------------------- .-------- 1.1079Strathmore Packing Association_ 1. 6737Sunflower Packing Association___ 1.9142Sunland Packing House Co______ 2. 3525Terra Bella Citrus Association___ 1. 7009Tule River Citrus Association_____ 1.1410La Verne Cooperative Citrus Asso
ciation ______________________ . 1585Lindsay Mutual Groves__________ 1.1699Martin Ranch_____________________ 1.4084Orange Cove Orange Growers____ 3. 4716Webb Packing Co., Inc___________ . 2450Woodlake Packing House_________ 2. 4751Anderson Packing Co., R. M______ . 6331Andrews Bros, of California______ . 0000Baker Bros_____________________ .4560Barnes, J. L___________________ _ .0258Batkins, Jr., Fred A .______ ______ . 0656Bear Statq- Packers, Inc__________ . 1648California Citrus Groves, Inc., Ltd. 1. 9813
FEDERAL REGISTERP rorate B ase S c h e d u l e—Continued
ALL ORANGES OTHER THAN VALENCIA ORANGES—continued
Prorate District No. 1—ContinuedProrate base
Handler (percent)Chess Co., Meyer W_____________ 0. 5188Darby, Fred J__________________ .0332Darling, Curtis___ _______ ______ • . 0014Dubendorf, John_______________ .1760Edison Groves Co_________'____ _ . 0000Evans Bros. Packing Co__________ . 0000Hadring & Leggett______________ 2. 2388Hirasuna, Jimmie_______________ .0051Independent Growers, Inc_____ j_ 2. 2441Kim, Charles__ _________________ . 0508Kroells Packing Co______________ 2. 3113Larson, Kermit_________________ . 0352Lo Bue Bros_____ ______________ 2. 0950Maas, W. A________________ •____ . 0675Marks, W. M___________________ .4011Minasian, Bob_________________ _ . 0042Moore Packing Co., Myron________ . 0843Nicholas, Richard____ 1_________ . 0058Randolph Marketing Co., Inc_____ 2. 0838Reimers, Don H________________ . 4130Shiba, Geo. G__________________ .0010Sky Acres Ranch________2______ . 0443Swenson, L. W____________ .0475Terry, Floyd J—.11______________ .0056Toy, Chin------ --------------------------- .0000Woodlake Heights Packing Corp_ .4663Zaninovich Bros., Inc____________ 1.3580
Prorate District No. 2 Total------------------------------- 100.0000
A. F. G. Alta Loma______________ . 3138A. F. G. Corona_________________ . 2149A. F. G. Fullerton__ _____________ . 0337A. F. G. Orange________________ .0325A. F. G. Riverside_______________ .9088A. F. G. Santa Paula_____________ . 0424Eadington Fruit Co., Inc_________ . 5875Hazeltine Packing Co____________ . 1046Krinard Packing Co_____________ 1. 9798Placentia Cooperative Orange As
sociation____________________ .6347Placentia Pioneer Valencia Growers
Association___________ . 0389Signal Fruit Association_________ . 8594Azusa Citrus Association._______ 1. 3213Covina Citrus Association____ __ 1..4668Covina Orange Growers Associa
tion ------------------------ . 4866Damerel-Allison Co______________ 1. 0596Glendora Citrus Association______ 1. 2608Glendora Mutual Orange Associa
tion -------------------- . 5452Puente Mutual Citrus Association. .0593Valencia Heights Orchard Associa
tion ------- . 2009Gold Buckle Association___ ______ 2. 6885La Verne Orange A ssociation ..... - 4. 4634 Anaheim Valencia Orange Associa
tion --------------------------------------- .0233Fullerton Mutual Orange Associa
tion ------------ . 2872La Habra Citrus Association______ . 1291Orange County Valencia Associa
tion _______________ . 0000Yorba Linda Citrus Association,
The----------------------- --------------- .0488Escondido Orange Association___ . 5256Alta Loma Heights Citrus Associa
tion ------------------------- . 3791Citrus Fruit Growers____________ .6951Etiwanda Citrus Fruit Association. . 1951 Mountain View Fruit Association. . 1273Old Baldy Citrus Association____ .4321Rialto Heights Orange Growers__ _ . 3739Upland Citrus Association_______ 2. 6217Upland Heights Orange Associa
tion ----------------------------v ____ 1.1191Consolidated Orange Growers__ _ .0218Frances Citrus Association_______ .0000Garden Grove Citrus Association_ . 0245Goldenwest Citrus Association, The . 1552Olive Heights Citrus Association___ . 0400
343
P rorate B ase S ch e d u l e— ContinuedALL ORANGES OTHER THAN VALENCIA ORANGES—
continuedProrate District No. 2—Continued
Prorate baseHandler (percent)
Santa Ana-Tustin Mutual CitrusAssociation___________________ 0. 0000
Santiago Orange Growers Association __________________ . 1227
Tustin Hills Citrus Association___ . 0000Villa Park Orchard Association, The . 0323Bradford Bros., Inc______________ . 2024Placentia Mutual Orange Associa
tion ______ ____________________ . 2020Placentia Orange Growers Associa
tion _________________________ .3053Yorba Orange Growers Association. . 0523Call Ranch__________________ . 6917Corona Citrus Association________ 1. 0247Jameson Co___________________ _ .4843Orange Heights Orange Associa
tion _________________________ 2.1385Crafton Orange Growers Associa
tion __________________________ 1.1576East Highlands Citrus Association. .3785Redlands Heights Groves________ . 5831Redlands Orangedale Association.. . 8189Rialto-Fontana Citrus Association. .3722Break & Sons, Allen_____________ . 1618Byrn Mawr Fruit Growers Associa
tion _________________________ .8321Mission Citrus Association_______ 1.1040Redlands Cooperative Fruit Asso
ciation ______________________ 1.2372Redlands Orange Growers Associa
t io n _________________________ .8930Redlands Select Groves.^________ . 5627Rialto Orange Co________________ .3914Southern Citrus Association____ _ . 9789United Citrus Growers___________ . 6981Zilen Citrus Co____________'_____ .5116Arlington Heights Citrus Co______ .9129Brown Estate, L. V. W___________ 1. 7748Gavilan Citrus Association_______ 1.8456Hlghgrove Fruit Association______ . 7137McDermont Fruit Co____________ 1. 5074Monte Vista Citrus Association__ _ 1.4461National Orange Co______________ 1.1058Riverside Heights Orange Growers
Association___________________ 1. 2695Sierra Vista Packing Association_ .9119Victoria Avenue Citrus Association. 3.0378Claremont Citrus Association_____ . 9186College Heights Orange & Lemon
Association_________________ _ 2.1001Indian Hill Citrus Association__ _ 1.1385Pomona Fruit Growers Exchange __ 1. 8589Walnut Fruit Growers Association. . 5465West Ontario Citrus Association__ 1.1258El Cajon Valley Citrus Association. . 2600Escondido Cooperative Citrus Asso
ciation ______________________ .0436San Dimas Orange Growers As
sociation_____________________ 1.1082Canoga Citrus Association________ . 0641North Whittier Heights Citrus As
sociation_____________________ , 1401San Fernando Fruit Growers As
sociation_____________________ .3109San Fernando Heights Orange Asso
ciation______ ;_________________ .2762Sierra Madre-Lamanda Citrus Asso
ciation_________ . 1590Camarillo Citrus Association______ . 0105'Fillmore Citrus Association_______ 1.1499Ojai Orange Association__________ . 8620Piru Citrus Association___________ 1. 2779Rancho Sespe___________________ . 0013Santa Paula Orange Association__ . 1243Tapo Citrus Association_________ . 0076Ventura County Citrus Association. . 0212East Whittier Citrus Association__ . 0056Murphy Ranch Co_______________ . 0730Anaheim Cooperative Orange Asso
ciation_______________________ .0318Bryn Mawr Mutual Orange Associ
ation .____________________ . 5045Chula Vista Mutual Lemon Associa
tion__________________________ .1216
344 RULES AND REGULATIONS 0
P robate B ase Sc h e d u l e—ContinuedALL ORANGES OTHER THAN VALENCIA ORANGES---
continuedProrate District No. 2—Continued
Prorate baseHandler (percent)
Euclid Ave. Orange Association____ 2. 5815Foothill Citrus Union, Inc------------ . 6277Garden Grove Orange Coop., Inc— . 0343Golden Orange Groves, Inc------------ . 2720Highland Mutual Groves, Inc-------- . 2787Index Mutual Association-------------- . 0096La Verne Cooperative Citrus Asso
ciation_______________________ 3.1567Mentone Heights Association--------- . 6255Orange Cooperative Citrus Associ
ation ________________________ •0512Redlands Foothill Groves_______ 2.0116Redlands Mutual Orange Associa
tion_________________ _________ 1. 0154Ventura County Orange and Lemon
Association----- ------------------------ . 2651Whittier Mutual Orange and Lemon
Association------------- ---------------- • 0254Allée Bros--------------- .------------------ • 0041Babijuice Corporation, of Califor
nia __________________________ •3839Banks, L. M---------- 0227Bennett Fruit Co., Inc----------------- .3345Borden Fruit Co__________ ._____ • 0309Cherokee Citrus Co., Inc_________ - • 9610Chess Co., Meyer W______________ • 4594Dunning Ranch_________________ • 1536Evans Bros. Packing Co--------------- 1.4308Gold Banner Association------------ 1. 7932Granada Packing House Hill Pack
ing House____________________ • 9107Hill Packing House, Fred A-------- . 8600Knapp Packing Co., John C-------- . 5480Lawson, Geo. P_________________ - .0061MacDonald Fruit Co_____________ • 1106Orange .Belt Fruit Distributors___ 1.9254Panno Fruit Co., Carlo___________ . 0425Paramount Citrus Association, Inc_ . 3045Placentia Orchard Co____________ . 0801Prescott, John A______________ . 0073Riverside Citrus Association--------— . 2127Ronald, P. W___________ ________ • 0332San Antonio Orchard Co_________ 1.5357Stephens, T. F_________________ - . 1468Summit Citrus Packers--------------- . 0446Wall, E. T., Grower-Shipper______ 1. 9193Western Fruit Growers, Inc_______ 3. 5469[F. R. Doc. 51-730; Filed, Jan. 12, 1951;
11:19 a. m.]
TITLE 14— CIVIL AVIATIONChapter I— Civil Aeronautics Board
Subchapter A— Civil Air Regulations [Supp. 7, Arndt. 61]
Part 60—Air T raffic Rules
DANGER AREA ALTERATIONS
The danger area alterations appearing hereinafter have been coordinated with the civil operators involved, the Army, the Navy, and the Air Force, through the Air Coordinating Committee, Airspace Subcommittee, and are adopted when indicated in order to promote safety of the flying public. Compliance with the notice, procedures, and effective date provisions of section 4 of the Administrative Procedure Act would be impracticable and contrary to the public interest, and therefore is not required. Title 14, § 60.13-1 is amended as follows;
A Camp Breckinridge, Kentucky, area is added to read:
Name and location . (chart)
Description by geographical coordinates
Designatedaltitudes
Time of designation Using agency
C A M P B R E C K IN - Beginning at Corydon, Ky., at Surface to 11,000 Continuous 101s t A irb orn eR ID G E (N ashville Chart).
lat. 37°44'30" N, long. 87°42'30" W; southerly to Dixie, Ky., at lat. 37°41'00" N , long. 87° 41' 00" W; SE to Poole, Ky. at lat. 37°38'30"N, long. 87°39'00" W; SW to Tilden, Ky., at lat. 37°36'30" N, long. 87°41'30" W; WNW to Box- ville, Ky. at lat. 37°37'30" N, long. 87°49'30" W ; NW to Morganfield, Ky., at lat. 37°41'00" N, long. 87°65'00" W; ENE to Waverly, Ky. at at lat. 37°42'45" N, long. 87°44'00" W; ENE to Corydon, K y., at lat. 37° 44' 30" N, long. W, point of beginning.
feet. D iv is io n *an d Camp Breckinridge, Ky.
(Sec. 205, 52 Stat. 984, as amended; 49 U. S. C. 425. Interprets or applies sec. 601, 52 Stat. 1007, as amended; 49 U. S. C. 551)
This amendment shall become effective on January 10, 1951.
[seal] Donald W. Nyrop,Administrator of Civil Aeronautics.
[F. R. Doc. 51-573; Filed, Jan. 12, 1951; 8:45 a. m.]
Chapter II— Civil Aeronautics Administration, Department of Commerce
[Arndt. 40]
Part 600—D esignation of Civil Airways
CIVIL AIRWAY ALTERATION
The civil airway alteration appearing hereinafter has been coordinated with the civil operators involved, the Army, the Navy, and the Air Force, through the Air Coordinating Committee, Airspace Subcommittee, and is adopted when indicated in order to promote safety of the flying public. Compliance with the notice, procedures, and effective date provisions of section 4 of the Administrative Procedure Act would be impracticable and contrary to public interest, and therefore is not required. Part 600 is amended as follows:
1. Section 600.210 Red civil airway No. 10 (Pueblo, Colo., to Charleston, S. C.) is amended after “Campbellton, Ga., radio range station;” to read as follows: “Atlanta, Ga., radio range station, excluding the portion which overlaps the Camp Gordon, Ga., Danger Area; Augusta, Ga., radio range station to the Charleston, S. C., radio range station.”(Sec. 205, 52 Stat. 984, as amended; 49 U. S. C. 425. Interprets or applies sec. 302, 52 Stat. 985, as amended; 49 U. S. C. 452)
This amendment shall become effective 0001 e. s. t., January 14,1951. „
[seal! L. C. Elliott,Acting Administrator
of Civil Aeronautics.[F. R. Doc. 51-645; Filed, Jan. 12, 1951;
8:47 a. m.]
[Arndt. 43] .
Part 601—D esignation of ControlAreas, Control Zones, and R eportingPoints
miscellaneous amendments
The control area and control zone alterations appearing hereinafter have been coordinated with the civil operators involved, the Army, the Navy and the Air Force, through the Air Coordinating Committee, Airspace Subcommittee, and are adopted when indicated in order to promote safety of the flying public. Compliance with the notice, procedures,
y and effective date provisions of section 4 of the Administrative Procedure Act would be impracticable and contrary to public interest, and therefore, is not required. Part 601 is amended as follows:
1. Section 601.1009 is amended to read:§ 601.1009 Control area extension
(Augusta, Ga.). From the Augusta, Ga., radio range station extending 5 miles on the east side and 2 miles on the west side of the south course of the Augusta, Ga., radio range to a point 20 miles south of the radio range station, and extending 5 miles either side of the centerline of the north-south runway of Bush Field, Augusta, Ga., to a point 30 miles south of Bush IJield.
2. Section 601.2131 is amended to read:§ 601.2131 Augusta, Ga., control zone.
Within a 5 mile radius of Bush Field extending 2 miles either side of the east and west courses of the Augusta, Ga., radio range to a point 10 miles west of the radio range station inciuding a 5 mile radius of Daniel Field extending 2 miles either side of the south course of the radio range to a point 10 miles south of the radio range station.(Sec. 205, 52 Stat. 984, as amended; 49 U. S. O. 425. Interprets or applies sec. 601, 52 Stat. 1007, as amended; 49 U. S. C. 551)
This amendment shall become effective 0001 e. s. t., January 14, 1951.
[seal] L. C. Elliott,Acting Administrator
of Civil Aeronautics.[F. R. Doc. 51-646; Filed, Jan. 12, 1951;
8:47 a. m.]
Saturday, January 13, 1951 FEDERAL REGISTER 345
TITLE 17— COMMODITY AND SECURITIES EXCHANGES
Chapter II—-Securities and Exchange Commission
Part 210—Form and Content of F inan-,c u t Statements, Securities Act of1933, Securities Exchange Act of 1934and Investment Company Act of 1940FACE-AMOUNT CERTIFICATE INVESTMENT
COMPANIES
The Securities and Exchange Commission acting pursuant to authority conferred upon it by the Investment Company Act of 1940, particularly section 38 (a) thereof; the Securities Act of 1933, particularly section 19 (a) thereof; and the Securities Exchange Act of 1934, particularly section 23 (a) thereof, hereby amends Part 210 (Regulation S-X) by adding thereto-a new article, designated Article 6B, which prescribes the form and content of financial statements to be filed with the Commission by face- amount certificate companies pursuant to any of the foregoing acts, and §§210.12-35 to 210.12-41 are added to Article 12.Face-Amount Certificate Investment
CompaniesSec.210.6- 20 Application of §§210.6-20 to
210.6-24.210.6- 21 Special rules applicable to face-
amount certificate investmentcompanies.
210.6- 22 Balance sheets.210.6- 23 Profit and loss or income state
ments.210.6- 24 What schedules are to be filed.
Au t h o r it y : §§210.6-20 to 210.6-24 issued under secs. 19, 23, 48 Stat. 85, 901, as amended, sec. 38, 54 Stat. 841; 15 U. S. C. 77s, 78w, 80a—37.
§ 210.6-20 Application of §§ 210.6-20 to 210.6-24. Sections 210.6-20 to 210.6- 24 shall be applicable to financial statements filed by investment companies which are issuers of face-amount certificates.
§ 210.6-21 Special rules applicable to face-amount certificate investment companies. The financial statements filed by persons to which this section is applicable shall be prepared in accordance with the following special rules in addition to the general rules in §§ 210.1-01 to 210.4-14. Where the requirements of a special rule differ from those prescribed in a general rule, the requirements of the special rule-shall be met.
(a) Content of financial statements. The financial statements shall be prepared in accordance with the requirements of this part notwithstanding any provision of the articles of incorporation, trust indenture or other governing legal instruments specifying certain accounting procedures inconsistent with those required in this part.
(b) Certification. Where, under the applicable form, financial statements are required to be certified, the certifying accountant shall have been selected and ratified in accordance with section 32 of the Investment Company Act of 1940 and the applicable rules thereunder.
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(c) Consolidated and combined statements. (1) Consolidated and combined statements filed for faqe-amount certificate investment companies shall be prepared in accordance with §§ 210.4-01 to 210.4-14 except that statements of the registrant which is a face-amount certificate investment company and engages in no business of a material amount other than issuing or servicing of face-amount certificates, may be consolidated only with the statements of subsidiaries which are also face-amount certificate investment companies; Provided, however, That (i) the subsidiaries are totally held, except as to outstanding face- amount certificates, by the parent, (ii) each face-amount certificate investment company maintains certificate reserves and qualified assets as provided by section 28 of the Investment Company Act of 1940, and (iii) separate financial statements for each company are filed.
(2) Any face-amount certificate investment company may, however, file a Consolidating statement which may include totally held subsidiary companies, except face-amount certificate investment companies, the inclusion of which in consolidation is prohibited by the provisions set forth in subparagraph (1) of this paragraph. Such consolidating statement shall set forth the individual statement of the parent company and each other company or groups of similar other companies.
(d) Affiliates. The term “affiliate” means an “affiliated person” as defined in section 2 (a) (3) of the Investment Company Act of 1940. The term ^control” has the meaning given in section 2 (a) (9) of that act.
(e) Qualified assets. (1) For companies issuing face-amount certificates subsequent to December 31, 1940 under the provisions of section 28 of the Investment Company Act of 1940, the term “qualified assets” means qualified investments as that term is defined in section 28 (b) of the act. A statement to that effect shall be made in the balance sheet.
(2) For other companies the term “qualified assets” means cash and investments which such companies do maintain or are required, by applicable governing legal instruments, to maintain in respect of outstanding face-amount certificates. State in a note to the balance sheet the nature of the investments and other assets so maintained or required to be maintained by such legal instruments. If the nature of the qualified assets and amount thereof are not subject to the provisions of section 28 of the Investment Company Act of 1940, a statement to that effect shall be made.
(3) Loans to security holders may be included as a qualified asset in an amount not in excess of certificate reserves carried on the books of account in respect of each individual certificate upon which the loans were made.
(f) Valuation of qualified assets. (1) The balance sheet shall reflect all qualified assets at cost or amortized cost, whichever is appropriate. Such basis shall be explained in a note which should also state the policy followed in writing off or amortizing any premium included in the cost of interest-bearing obliga
tions. State, also, in an appropriate manner the amount of each kind of investments acquired from controlled companies and other affiliates, if material, during the period covered by the profit and loss or income statement, and the method used in determining the cost of any such investments.
(2) Market value of securities shall be stated parenthetically.
(3) Due consideration shall be given to evidence of probable loss and, where evid^fice indicates an apparently permanent decline in underlying value and earning power, recognition thereof shall be made by means of an appropriate write-down or the establishment of an appropriate reserve.
(g) Certificate reserves. (1) For companies issuing face-amount certificates subsequent to December 31, 1940 under the provisions of section 28 of the Investment Company Act of 1940, balance sheets shall reflect reserves for outstanding certificates computed in accordance with the provisions of section 28 (a) of the act.
(2) For other companies, balance sheets shall reflect reserves for outstanding certificates determined as follows : -
(i) For certificates of the installment type, such amount which, together with the lesser of future payments by certificate holders or such portion thereof as is credited to the account of certificate holders as and when accumulated at a rate not to exceed 3% per centum per annum (or such other rate as may be appropriate under the circumstances of a particular case) compounded annually, shall provide the minimum maturity or face amount of the certificate when due.
(ii) For certificates of the fully paid type, such amount which, as and when accumulated at a rate not to exceed 3 V2 per centum per annum (or such other rate as may be appropriate under the circumstances of a particular case) compounded annually, shall provide the amount or amounts payable when due.
(iii) Such amount or accrual therefor, as shall have been credited to the account of any certificate holder in the form of any credit, or any dividend, or any interest in addition to the minimum maturity or face amount specified in the certificate, plus any accumulations on any amount so credited or accrued at rates required under the terms of the certificate.
(iv) An amount equal to all advance payments made by certificate holders, plus any accumulations thereon at rates required under the terms of the certificate.
(v) Amounts for other appropriate contingency reserves, for death and disability benefits , or for reinstatement rights on any certificate providing for such benefits or rights.
(h) Inapplicable captiQns. Attention Is directed to the provisions of §§ 210.3- 02 and 210.3-03 (a) which permit the omission of separate captions in financial statements as to which the items and conditions are not present, or the amounts involved are not material. However, amounts involving directors*
346 RULES AND REGULATIONSofficers and affiliates shall nevertheless be separately set forth except as otherwise specifically permitted under a particular caption.
§ 210.6-22 Balance sheets. Balance sheets filed under this section shall comply with the following provisions:
Asset s and Ot h e r D ebits
QUALIFIED ASSETS
(See §210.6-21 (e) (1) .and (2))1. Cash and cash items. State s^&rately
(a) cash on hand, demand deposits, and time deposits; (b) call loans; and (c) funds subject to withdrawal restrictions.
2. Dividends and interest receivable, (a) Dividends shall not be included before the ex-dividend date, nor unless payment is reasonably assured by past experience, guaranty, or otherwise. No dividend shall be included on stocks issued or assumed by the company and held by or for it, whether held in its treasury, in sinking or other special funds, or pledged as collateral.
(b) Interest due or accrued on bonds, notes, deposits, loans, open accounts, and other interest-bearing obligations owned, shall not be included unless payment is reasonably assured by past experience, guaranty, or otherwise. No interest shall be included on securities issued or assumed by the company and held by or for it, whether held in its treasury, in sinking or other special funds, or pledged as collateral.
3. Notes receivable.4. Accounts receivable.5. Reserves for doubtfwt receivables. Notes
and accounts receivable known to be uncollectible shall be excluded from the assets as well as from any reserve account.
6. Investments in unaffiliated issuers. See §210.6-21 (f).
(a) Securities. State separately investments in (i) United States Government bonds and other obligations (including only direct obligations of the United States Government) ; (ii) other bonds; and (iii) other securities.
(b) First mortgage loans on real estate. State separately (i) mortgages insured by an agency acting as an instrumentality of the United States Government; (ii) mortgages guaranteed by an agency acting as an instrumentality of the United States Government; and (iii) other first mortgages. There shall also be shown in an appropriate manner (1) the aggregate amount of self-amortizing mortgages, and (2) the amount of mortgages in respect of which interest or principal payments are past due for more than three months.
(c) Other mortgage loans on real estate. Such classification shall be used as is appropriate under the circumstances.
(d) Reserves for investments in unaffili- ated issuers.
(e) There shall be shown in an appropriate ¿fanner the average gross rates of return realized by the company, for each period for which profit and loss or income statements are filed, on each class of investment shown in this caption.
7. Real estate owned. State separately (a)real estate acquired through foreclosure of mortgages; and (b) other real estate investments. »*
8. Reserve for real estate owned.9. Loans to certificate holders secured by
certificate reserves. See § 210.6-21 (e) (3).10. Other qualified assets. State sepa
rately (a) investments in and advances to controlled companies and (b) other affiliates;(c) each special fund of a material amount;(d) unamortized premium on mortgages; and (e) any other material amounts.
11. Total qualified assets. State in a note the amount of qualified • assets on deposit classified as to general classes of assets and as to general types of depositaries, such as banks and states, together with a statement as to the purpose of the deposits.
OTHER ASSETS
12. Investments in unaffiliated issuers, not included in total of caption 11. State separately each class of investment.
13. Investments in and advances to affili- ,ates. State separately investments in (a) controlled companies and (b) other affiliates. The basis of determining the amount shall be explained in an appropriate manner.
14. Prepaid expenses and other deferred items. State separately any material items. State in a note to this caption the provisions which have been made to write off or amortize such items.
15. Other assets. State separately (a) amounts due from directors and officers, and (b) any other item in excess of 5 percent of the amount of all assets other than qualified assets.
L ia b il it ie s , Capital S ha r es and Su r pl u s
CERTIFICATE RESERVES AND CURRENT LIABILITIES
16. Certificate reserves. State separately reserves for (a) certificates of the installment type; (b) certificates of the fully paid type; (c) advance payments; (d) additional amounts accrued for or credited to the account of certificate holders in the form of any credit, dividend, or interest in addition to the minimum maturity amount specified in the certificate; and (e) other certificate reserves. State in an appropriate manner the basis used in determining the reserves, including the rates of interest of accumulation.
17. Current liabilities, exclusive of certificate reserve liabilities.
(a) N o t e s payable. State separately amounts payable within one year (i) to banks and (ii) to others.
(b) Accounts payable. State separately(i) amounts payable for purchase of securities and (ii) other accounts payable.
(c) Accrued liabilities. State separately (i) accrued salaries; (ii) tax liability; (iii) interest; and (iv) any other material item. If the total under this subcaption is not material, it may be stated as one amount.
(d) Sundry liabilities of a current nature. State separately (i) dividends declared; (ii) serial bonds, notes and mortgages installments and mortgages due within one year; (iii) total of current amounts due to affiliates; (iv) total of current amounts due directors and officers; and (v) other items of material amount.
18. Total certificate reserves and current liabilities.
OTHER LIABILITIES
19. Funded debt. If any amount included herein will fall due within one year, indicate such amount and explain in a note the reason for not including such amount as a current liability.
20. Indebtedness to affiliates—Not current. State separately amounts due to (a) controlled companies, and (b) other affiliates.
21. / Other long-term debt. Indicate whether secured. State separately (a) total of amounts due directors and officers; and(b) other long-term debt, specifying any material item. State separately by years, in the balance sheet or in a note therein referred to, total amounts of respective maturities for the 5 years following the date of the balance sheet.
22. Other liabilities. State separately any amount in excess of 10 percent of the total of liabilities other than certificate reserves, funded debt, capital shares and surplus.
DEFERRED INCOME
23. Deferred income. State separately each material item and the basis of taking amounts reported under this caption into income.
RESERVES NOT SHOWN ELSEWHERE
24. Reserves not shown elsewhere*•* State separately each major class and indicate clearly its purpose.
/ Capital S hares and S u rplu s
2b. Capital shares. State for each class of shares (a) the title of issue; (b) the number of shares authorized; and (c) the number of shares outstanding and the capital share liability thereof. Show also the dollar amount, if any, of capital shares subscribed but unissued, and of subscriptions receivable thereon. /
26. Surplus, (a) Show the division of this item into (i) paid-in surplus; (ii) other capital surplus; (iii) earned surplus.
(b) If undistributed earnings of subsidiaries are included, state the amount thereof parenthetically, or otherwise. Due consideration shall be given to the propriety of including any undistributed earnings on which restrictions are imposed.
(c) An analysis of each surplus account setting forth the information prescribed by § 210.11-02 Shall be given for each period for which a profit and loss or income statement is filed, as a continuation of the related profit and loss or income statement or in the form of a separate statement of surplus, and shall be referred to in the balance sheet.
§ 210.6-23 Profit and loss or income statements. Statements filed under this section shall comply with the following provisions:
I n v e s t m e n t I n c o m e and Ex pen ses
(Including Servicing and Loading Income and Expenses)
1. Income, (a) State separately (i) interest on mortgages; (ii) interest on securities; (iii) cash dividends; (iv) rentals; and (v) other investment income. If income from investments in or indebtedness of affiliates is included hereunder, such income shall be segregated under an appropriate caption subdivided to show separately income ''irom controlled companies and from other affiliates.
(b) Due consideration shall be given to the propriety of treating as income, dividends on stock acquired or disposed of during the period of report.
(c) Due consideration shall be given to the propriety of treating extraordinary dividends as income. For the purpose of this rule the term “extraordinary dividends’’ shall mean (i) dividends which are known to have been declared out of sources other than current earnings or earned surplus and (ii) dividends which are declared otherwise than out of earnings of the current or preceding year and are abnormal inTSfee in relationship to the value of the securities upon which declared.
(d) Dividends in arrears on preferred stock may not be treated as income in an amount which exceeds an amount arrived at by applying the stated dividend rate to the period during which the stock has been held: Provided, That, in computing the period held, periods of more than one-half of a quarter- year may be treated as full quarter-years, if periods of less than one-half of a quarter- year are not counted. Any such dividends which are treated as income but which are applicable to periods prior to the current fiscal year shall be included under caption 1 (a) (v).
Saturday, January IS, 1951 FEDERAL REGISTER 347
(e) Dividends by controlled companies may be treated as income only to the extent that they are out of earnings subsequent to (i) the date of acquisition or (ii) the effective date of a reorganization or quasi-reorganization of the receiving company, if such date is subsequent to the date of acquisition.
(f) Due consideration shall be given to the propriety of treating, as income, interest received on investments which were in default when acquired. Any such interest which may be treated as income shall not be treated as ordinary interest income in an amount in excess of the amount arrived at by applying the stated interest rate to the period of report, and any excess thereof shall be included under caption 1 (a) (v) above. The policy followed in accounting for such interest shall be stated in a note.
(g) Common stock received as a dividend on common stock of the same issuer shall not be treated as income, and no. amount shall be debited to investments or credited to income or surplus at the time such dividend is received.
(h) State as to any non-cash dividends, other than stock dividends referred to in paragraph (g), and as to preferred stock received as a stock dividend, the basis on which taken up as income. If any such dividends received from controlled companies have been credited to income in an amount different from that charged to income or earned surplus by the disbursing company, state the amount of sqch difference and explain.
(i) State separately each category of other investment income representing more than 5 percent of the total of such income shown under caption 1 (a) (v).
(J) Dividends and interest applicable to an issuer’s own securities held in its treasury or its sinking or other special funds shall not be treated as income. •
(2) Service fees on certificate installment •payments. State in a note the basis on which taken up as income.
(3) Loading credits on certificate installments. State separately (a) the portion of initial loading credits applicable to the current year, and (b) other loading credits. State in a note the basis on which taken up as income.
(4) Other income. State separately each material item.
5. Total investment income.6. Investment expenses. State separately
each category of expense representing more than 5 percent of the total expense. There shall also be shown in an appropriate manner, (a) the amount of management, service and other fees to unafflliated persons; (b) the amount of management, service and other fees to affiliated persons,'- indicating in a note or otherwise (i) the name of each such person accounting for 10 percent or more of the total under this subcaption, (ii) the nature of the affiliation between the company and each such person, (iii) the amount applicable to each such person, and (iv) the basis and methods of computing management or service fees; and (c) other expenses within the person’s own organization in connection with research, selection, and supervision of investments. State in a note referred to under this item the basis and methods of computing management, service and other fees and if none was incurred for the period of report, the reason therefor, if any of the expenses were paid otherwise than in cash, state the details in a note referred to under this caption.
7. Taxes. The amount included under this caption shall represent taxes (other than taxes on income) applicable to investment income.
8. Interest and debt discount and expense. State separately (a) interest on funded debt; (b) amortization of debt discount and expense or premium; and (c) other interest.
9. Total investment expenses.10. Investment income less investment ex
penses.11. Provision for certificate reserves.
State separately provision for additional credits, or any dividends, or any interests, in addition to the minimum maturity or face amount specified in the certificates. State also in an appropriate njanner reserve recoveries from surrenders or other causes.
12. Net investment income less provision for certificate reserves.
O t h e r I ncídme and E x pen se s
13. Income from other operations. State separately, with explanation, any material amounts, designating clearly the nature of the transactions out of which the items arose. Income from operations with affiliated companies shall be stated separately. Realized gain or loss on sale or mortgage loans on real estate shall be included under this caption: Provided, Such sales are part of the ordinary and recurring operations of the business.
14. Expenses applicable to income from other operations. State separately, with an explanation, any material amounts. Information comparable to that required under Caption 6 of this rule shall be given for Items shown under this caption.
15. Net income from other operations.16. Net investment income and net in
come from other operations before realised! gain or loss on investments.
G a in or Loss o n I n v e s t m e n t s
17. Realised gain or loss on sales of investments. (a) State in an appropriate manner the aggregate Cbst, aggregate proceeds, and net gain or loss from sales of each of the following classes of investments; (i) investments in securities of affiliates; (ii) investments in other securities, showing United States Government bonds and other direct government obligations separately; and (iii) other investments, exclusive of gain or loss on sale of mortgage loans on real estate. See text under caption 13 above.
(b) Transactions in shares of the person for which the statement is filed shall not be included here.
(c) State in a note the aggregate cost of securities acquired during the period, showing separately (i) United States Government bonds and other direct government obligations; (ii) other securities; and (iii) mortgages on real estate.
(d) State the basis followed in determining the cost of investments sold. If a basis other than average cost is used, state, if practicable, the gain or loss computed on the basis of average cost.
18. Realised gain or loss on other transactions. (a) Include under this caption exchanges of investments. Show the aggregate cost of the investments released, stating, as to interest-bearing obligations, principal and interest separately and, as to the proceeds of the exchanges, the aggregate amount at which the investments acquired were recorded in the accounts.
(b) Include also under caption any writedowns required by §210.6-21 (f). Show the aggregate cost and the aggregate adjusted cost of the investments involved.
19. Net income before provision for income taxes.
20. Provision for taxes on income. State separately (a) Federal income taxes, and (b) other income taxes.
21. Net income or loss. The amount included under this caption shall be carried to the related subdivision of surplus.
§ 210.6-24 What schedules are to be filed, (a) Except as otherwise expressly provided in the applicable forms;
(1) The schedules specified in this section as schedules I, V, XI, XII, and XIII shall be filed as of the date of the most recent balance sheet filed for each person and for each group for which separate statements are filed. Such schedules shall be certified if the related balance sheet is certified.
(2) All other schedules specified in this section shall be filed for each period for which a profit and loss or income statement is filed, except as indicated for schedules III and IV. Such schedules shall be certified if the related profit and loss or income statement is certified.
(b) The information r e q u i r e d in schedules for the registrant, for the consolidated subsidiaries and for the registrant and its subsidiaries consolidated may be presented in the form of a single schedule: Provided, That items pertaining to the registrant and to each consolidated subsidiary or group for which separate statements are required are separately shown and that such single schedule affords a properly summarized presentation of the facts.
(c) If the information required by any schedules (including the notes thereto) may be shown in the statements required by §§ 210.6-22 and 210.6-23 without making such statements unclear or confusing, that procedure may be followed and the schedule omitted.
(d) Reference to the schedules shall be made against the appropriate captions of the balance sheet and the profit and loss or income statement.
A. I n v e s t m e n t S c h e d u l es
Schedule I—Investment in securities of unafflliated issuers. The schedule prescribed by § 210.12-35 shall be filed in support of captions 6 (a) and 12 of each balance sheet. Separate schedules shall be furnished in support of each caption, if applicable.
ScKedule II—Investments in and advances to affiliates and income thereon. The schedule prescribed by § 210.12-36 shall be filed in support of captions 10 and 13 of each balance sheet and caption 1 (a ) 'o f each profit and loss or income statement. Separate schedules shall be furnished in support of each caption, if applicable.
Schedule III—Mortgage loans on real estate and interest earned on mortgages. The schedule prescribed by § 210.12-37 shall be filed in support of captions 6 (b) and (c) and 12 of each balance sheet and caption 1 (a) (i) of each profit and loss or Income statement, except that only the information required by column G and note 8 of the schedule need be furnished in support of profit and loss or income statements for years for which related balance sheets are not required.
Schedule IV—Real estate owned and rental income. The schedule prescribed by § 210.- 12-38 shall be filed in support of captions 7 and 12 of each balance sheet and caption 1 (a) (iv) of each profit and loss or income statement for rental income included therein, except that only the information required by columns H, I, and J, and item “Rent from properties sold during the period” and note 4 of the schedule need be furnished in support of profit and loss or income statements for years for which related balance sheets are not required.
348 RULES AND REGULATIONS
«
B. M isc e l l a n e o u s S c h e d u l es
Schedule V—Qualified assets on deposit. The schedule prescribed by § 210.12-41 shall be filed in support of note required by caption II of § 210.6-22 as to total amount of qualified assets on deposit.
Schedule VI—Amounts due from directors and officers. The schedule prescribed by § 210.12-03 shall be filed with respect to each person among the directors and officers from whom any amount was owed at any time during the period for which related profit and loss or Income statements are filed. The schedule shall include also amounts due from employees. These amounts may be shown in an aggregate amount setting forth separately the amount due (1) from office employees and (2) sales employees, stating the total number of employees in each class. State if an exemption has been granted by the Commission with respect to amounts included in this schedule.
Schedule VII—Indebtedness to affiliates— Not current. The schedule prescribed by § 210.12-11 shall be filed in support of caption 20 of each balance sheet. This schedule amd schedule II may be combined if desired.
Schedule VIII—Supplementary profit and loss information. The schedule prescribed by § 210.12-39 shall be filed in support of each profit and loss or income statement.
C. R eserve Sc h e d u l es
Schedule IX—Certificate reserves. The schedule prescribed by § 210.12-40 shall be filed in support of caption 16 of each balance sheet.
Schedule X—Reserves—Other. The schedule prescribed by § 210.12-13 shall be filed in support of all other reserves included in the balance sheet.
D. Capital S e c u r it ie s
Schedule XI—Funded debt. The schedule prescribed by § 210.12-10 shall be filed in support of caption 19 of each balance sheet.
Schedule XII—Capital shares. The schedule prescribed by § 210.12-14 shall be filed in support of caption 25 of each balance sheet.
Schedule XIII—Other securities. Schedules shall be filed in respect of any classes of securities issued by the person for whom the statement is filed, but not included in schedules XI and XII. As to guarantees of securities of other issuers, furnish the information required by § 210.12-12. As to warrants or rights granted by the person for whom the statement is filed, to subscribe for or purchase securities to be issued by such person, furnish the information called for by § 210.12-15. As to any other securities, furnish information comparable to that called for by §§ 210.12-10, 210.12-12, 210.12-14, or 210.12-15, as appropriate. Information need not be set forth, however, as to notes, drafts, bills of exchange or bankers’ acceptances having a maturity at the time of issuance of less than one year.
* F o r m a n d C o n t e n t o f S c h e d u l e s * - * * *
FACE-AMOUNT CERTIFICATE INVESTMENT COMPANIES
Sec.210.12- 35 Investments in securities of un-
afflliated issuers.210.12- 36 Investments in and advances to
affiliates and income thereon.210.12- 37 Mortgage loans on real estate and
interest earned on mortgages.210.12- 38 Real estate owned and rental in
come.210.12- 39
210.12- 40210.12- 41
Supplementary profit and loss information.
Certificate reserves.Qualified assets on deposit.
A u t h o r it y : §§ 210.12-35 to 210.12-41 issued under secs. 19, 23, 48 Stat. 85, 901, as amended, sec. 38, 54 Stat. 841; 15 U. S. C. 77s, 78w, 80a-37.
S 210.12-35 Investments in securities of unaffiliated issuers.Column A Column B Column C Column D
Name of issuer and title of issue1
Balance held at close of period. Number of shares—principal amount of bonds and notes8
Cost of each • item 8 4
Value of each item at close of period8 8
i (a) The required information is to be given as to all securities held as of the close of the period of report. Each issue shall be listed separately.'
(b) Indicate by an appropriate symbol those securities which are non-income-producing securities. Evidences of indebtedness and preferred shares may be deemed to be income-producing if, on the respective last interest payment date or dates for the declaration of dividends prior to the date of the related balance sheet, there was only a partial payment of interest or a declaration of only a partial amount of the dividends payable; in such case, however, each such issue shall be indicated by an appropriate symbol referring to a note to the effect that, on the last interest or dividend date, only partial interest was paid or partial dividends declared. If, on such respective last interest or dividend date, no interest was paid or no dividends declared, the issue shall not be deemed'to be income-producing. Common shares shall not be deemed to be income-producing unless, during the last year preceding the date of the related balance sheet, there was at least one dividend paid upon such common shares. List separately (1) bonds; (2) preferred shares; (3) common shares. Within each of these subdivisions classify according to typeof business, insofar as practicable: e. g., investment companies, railroads, utilities, banks, insurance companies, or industrials. Give totals for each group, subdivision, and class.
* Indicate any securities subject to option at the end of the most recent period and state in a note the amount subject to option, the option prices, and the dates within which such options may be exercised.
* Columns C and D shall be totaled. The totals of columns C and D should agree with the correlative amounts required to be shown by the related balance sheet captions. State in a footnote to column C the aggregate cost for Federal income tax purposes.
4 If any investments have been written down or reserved against by such companies pursuant to $ 210.6-21 (f), indicate each such item by meafls of an appropriate symbol and explain in a footnote.
8 Where value is determined on any other basis than closing prices reported on any national securities exchange, explain such other bases in a footnote.
§ 210.12-36 Investments in and advances to affiliates and income thereon.Column A Column B Column C Column D Column E Column F
Amount of dividends or interest4 8
Name of issuer and Balance held at close of Amount at Amount oftitle of issue or period. Number of shares Cost of each which carried equity in netamount of indebt- —principal am ount of item 8 4 at close of (1) (2) profit and lossedness1 bonds, notes and other
indebtedness8period4 8
Credited to income Othei;
for the period7
_ _ A _____________________1 (a) The required information is to be given as to all investments in affiliates as of the close of the period. See
captions 10,13 and 20 of $¿¡40.6- 22. List each issue and group separately (1) investments in majority-owned subsidiaries, segregating subsidiaries consolidated; (2) other controlled companies; and (3) other affiliates. Give totals for each group. If operations of any controlled companies are different in character from those of the registrant, group such affiliates within divisions (1) and (2) by type of activities. ♦
(b) Changes during the period. If during the period there has been any increase or decrease in the amount of investment in any affiliate, state in a footnote (or if there have been changes as to numerous affiliates, in a supplementary schedule) (1) name oi each issuer and title of issue; (2) balance at beginning of period; (3) gross purchases and additions; (4) gross sales and reductions; (5) balance at close of period as shown in column C. Include in such footnote or schedule comparable information as to affiliates in which there was an investment at any time during the period even though there was no investment in such affiliate as of the close of such period.
* Indicate any securities subject to option at the end of the most recent period and state in a footnote the amount subject to option, the option prices, and the dates within which such options may be exercised.
8If the cost in column C represents other than cash expenditure, explain.4 (a) Columns C, D and E shall be totaled. The totals of columns C and D should agree with correlative amounts
required to be shown by the related balance sheet captions. State in a footnote the aggregate cost for Federal income tax purposes.
(b) If any investments have been written down or reserved against by such'companies pursuant to § 210.6-21-6, indicate each such item by means of an appropriate symbol and explain in a footnote.
8 State the basis of determining the amounts shown in column D.* Show in column E (1) as to each issue held at close of period, the dividends or interest included in caption 1 of the
profit and loss or income statement. In addition, show as the final item in column E (1) the aggregate dividends and interest included in the profit and loss or income statement in respect of investments in affiliates not held at the close of the period. The total of this column should agree with the amounts shown under such caption. Include in column E (2) all other dividends and interest. Explain briefly in an appropriate footnote the treatment accorded each item. Identify by an appropriate symbol all non-cash dividends and explain the circumstances in a footnote. See §§ 210.6- 22 (bYand 210.6-23 (a).
7 The information required by column F need be furnished only as to controlled companies. The equity in the net profit and loss of each person required to be listed separately shall be computed on an individual basis. In addition, there may be submitted the information required as computed on the basis of the statements of each such person and its subsidiaries consolidated.
§.210.12-37 Mortgage loans on real estate and interest earned on mortgages'
Part 1—Mortgage loans oo real estate at close of period Part 2—Interest earned on mortgages
Column A
List by classification indicated below 8 8 7
ColumnB
Prior ' Hens 8
ColumnC
Carrying
amount of mort
gages 8 « 10 11
Column D
Amount of principal unpaid—at close of period
ColumnE
Amount of mort
gages being fore
closed
ColumnF
Interest due and accrued at end of period 8
ColumnG
Interest income earned
applicable to
period8 8
(1)
Total
(2)
Subject to delin
quent interest4
Liens on:
1 All money columns shall be totaled.8 If mortgages represent other than £rst liens, list separately in a schedule in a like manner, indicating briefly the
nature of the lien. Information need not be furnished as to such liens which are fully insured or wholly guaranteed by an agency of the United States Government.
8 In a separate schedule classify by states in which the mortgaged property is located the total amounts in support of columns B, C, D and E.
« (a)
Int
eres
t in
arre
ars f
or le
ss th
an 3
mon
ths m
ay b
e di
sreg
arde
d in
com
putin
g th
e to
tal a
mou
nt o
f pri
ncip
al su
bje
ct to
del
inqu
ent i
nter
est.
(b)
Of t
he to
tal p
rinc
ipal
am
ount
, sta
te th
e am
ount
acq
uire
d fr
om c
ontr
olle
d an
d ot
her
affil
iate
s.8 I
n or
der
to r
econ
cile
the
tot
al o
f col
umn
,G w
ith t
he a
mou
nt s
how
n in
the
pro
fit a
nd lo
ss o
r in
com
e st
atem
ent,
inte
rest
inco
me e
arne
d ap
plic
able
to p
erio
d fr
om m
ortg
ages
sold
or c
ance
led
duri
ng p
erio
d sh
ould
be a
dded
to th
e tot
al
of th
is c
olum
n.
V8 I
f the
info
rmat
ion
requ
ired
by
colu
mns
F a
nd G
is n
ot r
easo
nabl
y av
aila
ble
beca
use
the
obta
inin
g th
ereo
f wou
ld
invo
lve
unre
ason
able
effo
rt o
r ex
pens
e, s
uch
info
rmat
ion
may
be
omitt
ed if
the
regi
stra
nt s
hall
incl
ude
a st
atem
ent
show
ing
that
unr
easo
nabl
e ef
fort
or
expe
nse
wou
ld b
e in
volv
ed.
In su
ch a
n ev
ent,
stat
e in
col
umn
G fo
r ea
ch o
f the
ab
ove
clas
ses o
f mor
tgag
e lo
ans t
he a
vera
ge g
ross
rat
e of
inte
rest
on
mor
tgag
e lo
ans h
eld
at th
e en
d of
the
fisca
l per
iod.
7 Eac
h m
ortg
age
loan
incl
uded
in c
olum
n C
in a
n am
ount
in e
xces
s of
$50
0,00
0 sh
all b
e lis
ted
sepa
rate
ly.
Loa
ns
from
$10
0,00
0 to
$50
0,00
0 sh
all b
e gr
oupe
d by
$50
,000
gro
ups,
indi
catin
g th
e nu
mbe
r of
loan
s in
eac
h gr
oup.
* In
a fo
otno
te to
this
sch
edul
e, fu
rnish
a r
econ
cilia
tion,
in th
e fo
llow
ing
form
, of t
he c
arry
ing
amou
nt o
f mor
tgag
e lo
ans a
t the
beg
inni
ng o
f the
per
iod
with
the
tota
l am
ount
sho
wn
in c
olum
n C
: .
Bal
ance
at b
egin
ning
of p
erio
d ___
..__
____
____
_A
dditi
ons
duri
ng p
erio
d:N
ew m
ortg
age
loan
s___
____
____
,___
___
Oth
er (
desc
ribe
)...
____
____
____
____
____
Ded
uctio
ns d
urin
g pe
riod
:C
olle
ctio
ns o
f pri
ncip
al...
.__
____
___
t___
Fore
clos
ures
......
......
......
......
........
......
......
......
.C
ost o
f mor
tgag
es s
old
......
......
......
......
......
.A
mor
tizat
ion
of p
rem
ium
____
____
____
_O
ther
(des
crib
e)__
____
____
____
____
____
„B
alan
ce a
t clo
se o
f per
iod_
____
____
____
____
____
_If
add
ition
s re
pres
ent
othe
r th
an c
ash
expe
nditu
res,
expl
ain.
If
any
of
the
chan
ges
duri
ng i
he p
erio
d re
sult
from
tr
ansa
ctio
ns, d
irec
tly o
r in
dire
ctly
with
aff
iliat
es, e
xpla
in t
he b
ases
of s
uch
tran
sact
ions
, and
the
am
ount
s in
volv
ed.
Stat
e th
e agg
rega
te a
mou
nt o
f mor
tgag
es (a
) ren
ewed
and
(b) e
xten
ded.
If
the
carr
ying
am
ount
of t
he n
ew m
ortg
ages
is
in e
xces
s of
the
unpa
id a
mou
nt (
not i
nclu
ding
inte
rest
) of
pri
or m
ortg
ages
, exp
lain
.• I
f any
item
of m
ortg
age
loan
s on
rea
l est
ate
inve
stm
ents
has
bee
n w
ritt
en d
own
or r
eser
ved
agai
nst
purs
uant
to
§210
.6-2
1 de
scri
be th
e ite
m a
nd e
xpla
in t
he b
asis
for
the
wri
te-d
own
or r
eser
ve.
18 St
ate
in a
foot
note
to
colu
mn
C t
he a
ggre
gate
cos
t for
Fed
eral
inco
me
tax
purp
oses
.M
If th
e to
tal a
mou
nt sh
own
in c
olum
n C
incl
udes
inte
rcom
pany
pro
fits,
stat
e th
e ba
ses o
f the
tran
sact
ions
resu
lting
in
such
pro
fits a
nd, i
f pra
ctic
able
, sta
te th
e am
ount
s th
ereo
f.u
Sum
mar
ize
the
aggr
egat
e am
ount
s fo
r ea
ch c
olum
n ap
plic
able
to c
aptio
ns 6
(b)
, 6 (c
) an
d 12
of §
210
.6-2
2.
§ 210
.12-
38
Real
est
ate
owne
d an
d re
ntal
inc
ome.
1
Part
1—
Rea
l est
ate
owne
d at
end
of p
erio
dPa
rt 2
—R
enta
l inc
ome
Col
umn
AC
olum
nB
Col
umn
CC
ol
umn
DC
olum
nE
Col
um
n F
Col
um
n G
Col
- um
n H
Col
umn
IC
ol
umn
I
Am
ount
Lis
t cla
ssifi
catio
n of
pro
pert
y of
incu
m-
as in
dica
ted
belo
w 2
8 br
ance
s
Initi
al
cost
to
com
-1, pa
ny
Cos
t of
im
prov
em
ents
, et
c.
Am
ount
at
whi
ch
carr
ied
at c
lose
of
per
iod
«882
Re
serv
e fo
r de
pr
ecia
tio
n
Ren
ts
due
and
ac
crue
d at
end
of
peri
od
Tot
alre
ntal
inco
me
appl
ica
ble
tope
riod
Exp
end
ed fo
r in
te
rest
, ta
xes,
repa
irs,
and
ex
pens
es
Net
in
com
e ap
pli
cabl
e to
peri
od
Far
ms.
.___
_..
..._
____
___
____
_...
.___
____
____
____
____
____
_•__
___.
....
.___
___
___
Res
iden
tial_
____
____
____
____
____
___
____
____
____
___
___
____
____
____
____
____
____
Apa
rtm
ents
ari
d bu
sine
ss...
......
......
......
......
......
......
......
.....
......
......
......
......
......
........
......
......
......
...U
nim
prov
ed...
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
......
...
Tot
al...
......
......
......
......
......
......
......
......
......
......
......
......
......
......
.....
........
......
......
.....
......
......
.....
Ren
t fr
om
prop
ertie
s so
lddu
ring
per
iod _
____
____
____
xx
xx
x
xx
xx
x
xx
xx
x
xx
xx
x
xxx
xxx
xT
otal
8.x
xx
xx
m
it
x
xx
xx
xx
xx
x
xx
xxxxx
1 All
mon
ey c
olum
ns s
hall
be to
tale
d.2 E
ach
item
of p
rope
rty
incl
uded
in c
olum
n E
in a
n am
ount
in e
xces
s of
$100
,000
shal
l be
liste
d se
para
tely
.8 I
n a
sepa
rate
sch
edul
e cl
assi
fy b
y st
ates
in w
hich
the'
real
est
ate
owne
d is
loca
ted
the
tota
l am
ount
s in
sup
port
of
colu
mns
E a
nd F
.«I
n a
foot
note
to th
is s
ched
ule,
furn
ish
a re
conc
iliat
ion,
in th
e fol
low
ing
form
, of t
he to
tal a
mou
nt a
t whi
ch r
eal e
stat
e w
as c
arri
ed a
t the
beg
inni
ng o
f the
per
iod
with
the
tota
l am
ount
sho
wn
in c
olum
n E:
Bal
ance
at b
egin
ning
of p
erio
d___
____
i___
____
____
____
____
____
____
____
____
____
____
___
$-A
dditi
ons
duri
ng p
erio
d:A
cqui
sitio
ns th
roug
h fo
recl
osur
e___
____
____
____
____
____
____
___
____
_$-
------
---—
Oth
er a
cqui
sitio
ns__
____
____
____
____
___
____
____
____
___
____
____
____
____
__—
-Im
prov
emen
ts, e
tc__
____
____
____
.....
......
......
......
......
......
......
........
......
......
......
......
......
......
....
Oth
er (
desc
ribe
)___
____
____
____
_!..
..__
____
____
____
____
____
____
____
____
____
_ -
Ded
uctio
ns d
urin
g pe
riod
:C
ost o
f rea
l est
ate
sold
____
___
....
____
____
____
____
____
____
____
____
_$---
------
-—O
ther
(de
scri
be).-
......
......
......
......
......
......
......
......
.....
......
......
......
......
......
......
......
......
—--
-----
—
-B
alan
ce a
t clo
se o
f per
iod.
......
......
......
......
......
......
......
......
......
......
......
......
.....
......
......
......
......
......
......
.....$
-
If a
dditi
ons,
exc
ept a
cqui
sitio
ns th
roug
h fo
recl
osur
e, r
epre
sent
oth
er th
an c
ash
expe
nditu
res,
expl
ain.
If
any
of t
he
chan
ges d
urin
g th
e pe
riod
res
ult f
rom
tran
sact
ions
, dir
ectly
or i
ndir
ectly
, with
aff
iliat
es, e
xpla
in a
nd st
ate
the
amou
nt
of a
ny in
terc
ompa
ny g
ain
or lo
ss.
8 If a
ny it
em o
f rea
l est
ate
inve
stm
ents
has
bee
n w
ritt
en d
own
or re
serv
ed a
gain
st p
ursu
ant t
o § 2
10.6
-21-
6, d
escr
ibe
the
item
and
exp
lain
the
basis
for
the
wri
te-d
own
or r
eser
ve.
• Sta
te in
a fo
otno
te to
col
umn
E t
he a
ggre
gate
cos
t for
Fed
eral
inco
me
tax
purp
oses
.7 T
he a
mou
nt o
f all
inte
rcom
pany
pro
fits
incl
uded
in th
e to
tal o
f clo
umn
E s
hall
be s
tate
d if
mat
eria
l.8 S
umm
ariz
e th
e ag
greg
ate
amou
nts
for
each
col
umn
appl
icab
le to
cap
tions
7 a
nd 1
2 of
§ 21
0.6-
22.
i 210
.12-
39
Supp
lem
enta
ry p
rofit
and
los
s in
form
atio
n.C
olum
n A
Col
umn
BC
olum
n C
Col
umn
D
Cha
rged
to
inve
stm
ent
expe
nse
Cha
rged
to
othe
r ac
coun
ts
Item
1m
(2)
Tot
al
Acc
ount
Am
ount
1. L
egal
expe
nses
(inc
ludi
ng th
ose i
n co
nnec
tion
with
any
mat
ter,
m
easu
re o
r pr
ocee
ding
bef
ore
legi
slat
ive
bodi
es,
offic
ers
or
gove
rnm
ent d
epar
tmen
ts)_
____
____
____
__
____
____
____
__2.
Adv
ertis
ine
and
publ
icit
y....
....
......
......
.
...3.
Sal
es p
rom
otio
n 2
____
____
____
____
____
___
____
____
____
___
4. P
aym
ents
dir
ectly
and
ind
irec
tly t
o tr
ade
asso
ciat
ions
and
se
rvic
e or
gani
zatio
ns,
and
cont
ribu
tions
to
othe
r or
gani
za
tion
s___
___
____
____
____
____
____
____
____
___
;____
____
___
•
1 Am
ount
s res
ultin
g fr
om tr
ansa
ctio
ns w
ith a
ffilia
tes s
hall
be s
tate
d se
para
tely
^'2
Sta
te s
epar
atel
y ea
ch c
ateg
ory
of ex
pens
e re
pres
entin
g m
ore
than
5 p
erce
nt o
f the
tota
l exp
ense
sho
wn
unde
r tin
s ite
m. § 2
10.1
2-40
C
ertif
icat
e re
serv
es.
Col
umn
BC
olum
n O
Col
umn
DC
olum
n E
Col
umn
ABa
lanc
e at
beg
in
ning
of p
erio
dA
dditi
ons
Ded
uctio
nsB
alan
ce a
t dos
e of
per
iod
(1)
(«(3
)(1
)(2
)(3
)m
«3»m
(3)
Des
crip
tion1
■§22 S'©
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iaP
Mr
|© a
£<
oPC
oo
A
1 (a)
Eac
h se
ries
of c
ertif
icat
es s
hall
be s
tate
d se
para
tely
. T
he d
escr
iptio
n sh
all i
nclu
de t
he y
ield
to
mat
urity
cm
an a
nnua
l pay
men
t bas
is.(b
) Fo
r ce
rtifi
cate
s of t
he in
stal
lmen
t typ
e, in
form
atio
n re
quir
ed b
y co
lum
ns B
, D (
2) a
nd (3
) Mid
E d
iali
be g
iven
by
age
gro
upin
gs, a
ccor
ding
to
the
num
ber
of m
onth
s pa
id b
y se
curi
ty h
olde
rs,
grou
ped
to s
how
thos
e up
on w
hich
1-
12 m
onth
ly p
aym
ents
hav
e be
en m
ade,
13-
24 p
aym
ents
, etc
.2
(a)
If th
e to
tal o
f the
res
erve
s sh
own
in th
ese
colu
mns
diff
ers f
rom
the
tota
l of t
he r
eser
ves p
er th
e ac
coun
ts, t
here
sh
ould
be
stat
ed (
i) th
e ag
greg
ate
diffe
renc
e an
d (li
) th
è di
ffere
nce
on a
$1,0
00 fa
ce-a
mou
nt c
ertif
icat
e ba
sis.
(b)
The
re s
hall
bo s
how
n by
foo
tnot
e or
by
supp
lem
enta
l sch
edul
e (i)
the
am
ount
s pe
riod
ical
ly c
redi
ted
to e
ach
clas
s of
sec
urity
hol
ders
’ acc
ount
s fr
om in
stal
lmen
t pa
ymen
ts a
nd (
ii) s
uch
othe
r am
ount
s pe
riod
ical
ly c
redi
ted
to
accu
mul
ate
the
mat
urity
am
ount
of t
he c
ertif
icat
e.
Such
inf
orm
atio
n sh
all
be s
tate
d on
a $
1,00
0 fa
ce-a
mou
nt c
er
tific
ate
basis
for
the
term
of t
he c
ertif
icat
e.
§ 210
.12-
41
Qua
lifie
d as
sets
on
depo
sit.1
Col
umn
AC
olum
n B
Col
umn
CC
olum
n D
Col
umn
EC
olum
n F
Nam
e of
dep
osita
ry*
Cas
hIn
vest
m
ents
in
secu
ritie
s
Firs
t mor
tga
ges a
nd
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Saturday, January 13, 1951 FEDERAL REGISTER
350
The foregoing action shall become effective January 31, 1951.
By the Commission.[ s e a l ] O r v a l L. DUBOIS,
Secretary.[F. R. Doc. 51-658; Piled, Jan. 12, 1951;
9:01 a. m.]
TITLE 24— HOUSING AND HOUSING CREDIT
Chapter II — Federal Housing Administration, Housing and HomeFinance Agency
Subchapter. B— Property Improvement LoansP art 201—Class 1 and Class 2 Property
Improvement LoansDOWN PAYMENT
Section 201.7 (f) is hereby amended to read as follows:
(f) Down payment. For the period this paragraph remains in effect it shall be established in a manner and upon a form approved by the Commissioner that the borrower is paying in cash, exclusive of trade-ins or other allowances, at least 10 percent of the total cost of the proposed improvements, exclusive of financing charges: Provided, That this paragraph shall not be applicable as to loans involving properties located in Alaska or in any territory or possession outside the continental United States, and shall not be applicable as to any loan with respect to which a statement is executed by the insured to the effect that it has satisfied itself that such loan was made to finance the repair, rehabilitation or replacement of property damaged or destroyed as a result of a flood or other similar disaster which the Federal Reserve Bank of the district in which the disaster occurred finds has created an emergency affecting a «ub- stantial number of the inhabitants of the stricken area, provided such loan is made prior to the end of the sixth calendar month following the month in which the disaster occurred and the insured has a record of the facts relied upon by it in good faith describing the damage or loss. The loan must otherwise meet the requirements of the regulations in this part.(Sec. 2, 48 Stat. 1246, as amended; 12 U. S. C. and Sup., 1703)
Issued at Washington, D. C., January9, 1951.
[seal! Walter L. Greene,Acting Federal Housing Commissioner.[F. R. Doc. 51-584; Filed, Jan. 12, 1951;
. 8:47 a. m.]
Chapter VIII— Office of Housing Expediter
[Controlled Housing Rent Reg., Arndt. 342] [Controlled Rooms in Rooming Houses and
Other Establishments Rent Reg., Arndt. 338]
P art 825—R ent Regulations Under the Housing and Rent Act of 1947, as Amended
CERTAIN STATES AND PUERTO RICO
Amendment 342 to the Controlled Housing Rent Regulation (§§ 825.1 to
RULES AND REGULATIONS
825.12) and Amendment-338 to the Rent Regulation for Controlled Rooms in Rooming Houses and O&ier Establishments (§§ 825.81 to 825.92).
The following new Items are incorporated in Schedule C:lSame of Defense-Rental Area, State, and Lo
calities Affected by Declarations for Continuation of Rent Control After March 31,1951(173b) St. Joseph, Mo., In Buchanan
County, the city of St. Joseph, and all unincorporated localities. V
(228) Cleveland, Ohio, In Cuyarfega County, the village of Brook Park.
(273) Newport, R. I., in Newport County, the towns of Middletown, Portsmouth and Tiverton.
(347) Bellingham, Wash., In Skagit County, the city of Anacortes.
This adds to Schedule C (1) the Towns of Middletown, Portsmouth and Tiverton, Rhode Island, as of November 7, 1950, (2) the Village of Brook Park, Ohio, as of December 4, 1950, (3) the City of St. Joseph, Missouri, and all unincorporated localities in the Defense-Rental Area, said City being the major portion of the Defense-Rental Area, as of December 15, 1950, and (4) the City of Ana- cortes, Washington, as of December 19, 1950.
B. In Schedule C, the description of localities affected by declarations for continuation of rent control after March 31, 1951 is amended with respect to certain Defense-Rental Areas to read as follows:
1. (134) New Orleans, Louisiana, Defense- Rental Area:
In Jefferson Parish, the City of Gretna, the Village of Harahan, and the Town of Westwego.
This adds to Schedule C the Village of Harahan, Louisiana, as of December 4, 1950.
2. (139) Baltimore, Maryland, Defense- Rental Area:
City of Baltimore; in Baltimore County, all unincorporated localities; in Harford County, the City of Havre De Grace, the Town of Aberdeen and all unincorporated localities; ih Cecil County, all unincorporated localities in Election District 3; in Carroll County (exclusive of Election Districts 2, 3, 9, 10, 11 and 14), all unincorporated localities; in Howard County (exclusive of Election Districts 3, 4 and 5), all unincorporated localities; and in Anne Arundel County (exclusive of Election Districts 1, 7 and 8), all unincorporated localities.
This adds to Schedule C the Town of Aberdeen, Maryland, as of December 8, 1950.
3. (174) St. Louis, Missouri, Defense- Rental Area:
The City of St. Louis; in Jefferson County, all unincorporated localities; in St. Charles County, the City of St. Charles and all unincorporated localities; and in St. Louis County, the Cities of Brentwood, Bridgeton Terrace, Clayton, Jennings, Kirkwood, Maplewood, Overland, Richmond Heights, University City, Webster Groves and Welston, the Villages of Bel-Ridge and St. John, and all unincorporated localities.
In Madison County, the City of Madison and all unincorporated localities; and in St. Clair County, the City of East St. Louis, the Villages of Dupo, New Attens and Swansea, and all unincorporated localities.
This adds to Schedule C the following localities in the State of Missouri:.
(1) City of Overland, as of November 13, 1950.
(2) Village of Bel-Ridge, as of November 21, 1950.
(3) City of Jennings, as of November 27, 1950.
(4) Village of St. John, as of December 18, 1950.
(5) City of Bridgeton Terrace, as of December 24, 1950.
4. (188a) Southern New Jersey Defense- Rental Area:
In Burlington County, the City of Burlington, the Borough of Palmyra, and the Townships of Hainesport, Moorestown, Mount Holly and North Hanover; in Camden County, the Cities of Camden and Gloucester City, the Boroughs of Audubon Park, Barrington, Berlin, Chesilhurst, Clementon, Collings- wood, Gibbsboro, Haddon Heights, Lawnside, Lindenwold, Magnolia, Mount Ephraim, Oak- lyn, Pine Hill, Runnemede, Somerdale and Woodlynne, and the Townships of Berlin and Gloucester; and in Gloucester County, the Boroughs of Glassboro, Swedesboro and Wenonah, and the Township of Monroe.
This adds to Schedule C the following localities in the State of New Jersey:
(1) Boroughs of Audubon Park and Clementon as of December 5,1950.
(2) Borough of Mount Ephraim as of December 12, 1950.
(3) Borough of Berlin as of December 18,1950.
5. (190) Northeastern New Jersey Defense- Rental Area:
In Bergen County, the Cities of Garfield and North Arlington, the Boroughs of Bergen- field, Bogota, Cliffside Park, Closter, Dumont, East Paterson, East Rutherford, Edgewater, Fairview, Fort Lee, Harrington Park, Leonia, Lodi, Maywood, Norwood, Palisades Park, Teterboro, Wallington and Wood-Ridge, the Village of Ridgefield Park, the Township of Teaneck and all unincorporated localities.
In Essex County, the Cities of East Orange, Newark and Orange, the Towns of Belleville, Bloomfield and Nutley, the Township of Mill- burn, and all unincorporated localities.
In Hudson County, the Cities of Bayonne, Hoboken, Jersey City and Union City, the Towns of Harrison, Kearny, Secaucus and West New York, the Townships of North Bergen and Weehawken, and all unincorporated localities.
In Middlesex County, the Cities of New Brunswick and Perth Amboy, the Boroughs of Helmetta, Highland Park, South Plainfield and South River, the Townships of East Brunswick, North Brunswick, .. Piscataway, Raritan and Woodbridge, and all unincorporated localities.
In Monmouth County, the City of Lory? Branch, the Boroughs of Deal, Englishtown and Red Bank, and all unincorporated localities.
In Morris County, the Boroughs of Madison, Riverdale and Wharton, the Towns pf Dover and Morristown, the Townships of Denville, Hanover, Mine Hill and Passaic, and all unincorporated localities.
In Passaic County, the Cities of Clifton, Passaic and Paterson, and all unincorporated localities.
In Somerset County, the Boroughs of Man- ville, North Plainfield, Raritan, Somerville and South Bound Brook, ttye Township of Hillsborough, and all unincorporated localities.
In Union County, the Cities of Elizabeth, Linden, Plainfield, Rahway and Summit, the Boroughs of Garwood, Roselle and Roselle Park, the Townships of Cranford, Hillside and Union, and all unincorporated localities.
This adds to Schedule C the B o r o u g h of Wallington, New Jersey, as of December 11, 1950.
Saturday, January IS, 19319. (241) Youngstown-'Warren, Ohio, De
fense-Rental Area:In Mahoning County, the Cities of Qajnpf
bell, Struthers and Youngstown, the Village]! Of Beloit and Lowellville, and all unincor* porated localities; and in Trumbull County» the Cities of Girard, Niles and Warren, the Villages of Hubbard, McDonald and Newton Falls, and all unincorporated localities.
This adds to Schedule C the Village of Beloit, Ohio, as of November 13, 1950, and the City of Warren, Ohio, as of November 20, 1950.
7. (258) AltoOna-Johnstown, Pennsylvania, Defense-Rental Area:
In Blair County, the unincorporated localities, if any, in the Townships of Allegheny, Antis, Blair, Frankstown, Logan and Snyder; in Cambria County, the City of Johnstown, the Boroughs of Barnesboro, Ebensburg, Franklin, Geistown, Nanty-Glo, Scalp Level'and South Fork, and all unincorporated localities; and in Somerset County, the Boroughs of Boswell, Central City, Garrett, Hooversville, Meyersdale and Windber, and all unincorporated localities, if any, in the Townships of Black, Cone- maugh, Jenner, Lincoln, Ogle, Paint, Shade, Somerset, Summit and Quemahoning.
This adds to Schedule C the Borough of Geistown, Pennsylvania, as of December 14, 1950.
8. (262) Harrisburg, Pennsylvania, Defense-Rental Area:
In Cumberland County, the Boroughs of Mount Holly Springs and West Fairview; in Dauphin County, the Boroughs of Elizabeth- ville, Halifax, Highspire, Lykens, Middletown, and Penbrook; and in Lebanon County, the City of Lebanon, and the Borough of Jonestown.
This adds to Schedule C the Borough of Jonestown, Pennsylvania, as of December 4, 1950.
9. (267) Pittsburgh, Pennsylvania, Defense-Rental Area:
In Allegheny County (exclusive of Mount Lebanon Township), the Cities of Clairton, Duquesne, McKeesport and Pittsburgh, the Boroughs of Blawnox, Brackenridge, Brad- dock, Braddock Hills, Bridgeville, Carnegie, Cheswick, Dravosburg, East McKeesport, East Pittsburgh, Eden Park, Glassport, Homestead, Leetsdale, Liberty, McKee’s Rocks, Millvale, Munhall, North Braddock, Pitcairn, Rankin, Sharpsburg, Swissvale, Turtle Creek,tiRr- sfiilles, Wall, West Elizabeth, West Homestead, West Miflin and Wilmerding, the Townships- of Harrison, Jefferson, Leet, Neville, Reserve, Sewickley, South Versailles, Springdale, Stowe and West Deer, and all unincorporated localities.
In Armstrong County, the Boroughs of Ford City, Kittaning and Leechburg, and all unincorporated localities.
In Beaver County, the City of Beaver Falls, the Boroughs of Aliquippa, Ambridge, Baden, Bridgewater, Freedom, Koppell, Midland and Monaca, the Township of Chippewa, and all unincorporated localities.
In Butler County, all unincorporated localities, if any, in the Townships of Adams, Butler, Jackson and Slippery Rock.
In Fayette County (exclusive of the Townships of Henry Clay, Stewart and Wharton), the City of Connelisville, the Boroughs of Belle Vernon, Everson, Masontown and South Connelisville, the Township of Franklin, and all unincorporated localities.
In Greene County, the Township of Jefferson and all unincorporated localities, if any, in the Townships of Cumberland, Dunk- ard, Franklin, Monongahela and Morgan.
In Lawrence County, the Borough of El- Wood City and all unincorporated localities.
FEDERAL REGISTER 851In Washington County (exclusive of the
Tpwnships 6f Êast Finley, Morra, south franklin and West Finley), the Boroughs of Àllenport, Bentleyville, BurgettstoWfijCàl npnsburg, Charleroi, Donora, Elea/ New Eagle, North Charleroi, Roscoe and West Browns# Ville, the Township of North Strabane, and all unincorporated localities.
In Westmoreland County, the CitieB of Arnold, Jeanette, Monessen and New Kep* Sington, the Boroughs of East Vandergrift, Export, Manor, North Belle Vernon, South Greénsburg, Southwest Greensburg and West Newton, the Township of East Huntingdon, and all unincorporated localities.
This adds to Schedule C the Borough of Allenport, Pennsylvania, as of September 5, 1950, the Township of Jefferson, Pennsylvania, as of October 2, 1950, and the Borough of North Belle Vernon, Pennsylvania, as of December 12,1950.
10. (269a) Scranton-Wilkes-Barre, Pennsylvania, Defense-Rental Area:
In Carbon County, the Boroughs of East Mauch Chunk, Lansford, Mauch Chunk and Weatherly; in Lackawanna County, the Boroughs of Dickson City, Jermyn and Winton; in Luzerne County, the Cities ri Nanticoke, Wilkes-Barre and the Boroughs of Dupont, Exeter, Hughestown, Luzerne, Shickshinny and West Wyoming; and in Schuylkill County the City of Pottsville and the Boroughs of Ashland, Shenandoah and Tamaqua.
This adds to Schedule C the Borough of East Mauch Chunk, Pennsylvania, as of December 5, 1950, and the City of Nanticoke, Pennsylvania, as of December 18, 1950.
11. (270) Shv.ron-Farrell, Pennsylvania, Defense-Rental Area:
In Mercer County, the Cities of Farrell and Sharon, the Boroughs of Sharpsville, Stone- boro and Wheatland, and aU unincorporated localities.
This adds to Schedule C the Borough of Sharpsville, Pennsylvania, as of December 18, 1950.
12. (371) Puerto Rico Defense-Rental Area: In Puerto Rico, all unincorporated locali
ties and the Municipalities of Adjuntas, Aguada, Aguadilla, Aguas Buenas, Aibonito, Arecibo, Arroyo, Barceloneta, Barranquitas, Bayamon, Cabo Rojo, Caguas, Camuy, Carolina, Catano, Cayey, Ceiba, Ciales, Cidra, Coamo, Comerlo, Corozal, Fajardo, Guanica, Guayama, Gueyanilla, Gurabo,- Hatillo, Hormigueros, Humacao, Isabella, Jayuya, Juana Diaz, Juncos, Lajas, Lares, Las Marias, Las Piedras, Loiza, Luquillo, Manati, Maunabo, Mayaguez, Moca, Morovis, Naguabo, Naran- jito, Patillas, Penuelas, Ponce, Quebradillas, Rincon, Rio Grande, Rio Piedras, Sabana Grande, Salinas, San German, San Juan, «an Lorenza, San Sebastian, Santa Isabel, Toa Alta, Toa Baja, Trujillo Alto, Utuado, Vega Alta, Vega Baja, Vieques, Villalba, Yabucoa and Yauco.
This adds to Schedule C the following Municipalities in Puerto Rico:
(1) Gurabo as of November 18,1950.(2) Bayamon and Maunabo as of No
vember 27, 1950.(3) Yabucoa as of December 11, 1950.(4) Lares as of December 26, 1950. All the foregoing additions to Schedule
C are based on declarations made on the dates specified above in accordance with section 204 (f) (1) of the Housing and Rent Act of 1947, as amended.(Sec. 204, 61 Stat. 197, as amended; 50 Ü. S. C. App.. Sup. 1894)
This amendment shall be effective with yeSpect to each locality covered thereby §4 of the date oh which the declaration Affecting that locality was made.
Issued this 10th day of January 1951.T ighe E. Woods,
Housing Expediter.IF. R. Doc. 51-588; Filed, Jan. 12, 1951;
8:49 a. m.]
TITLE 26— INTERNAL REVENUEChapter I— Bureau of .Internal Reve
nue, Department of the TreasurySubchapter A— Income and Excess Profits Taxes
[T. D. 5825]
Part 29—Income T ax; T axable Y ears B eginning After December 31, 1941
EXTENSION OF TIME FOR FILING DECLARATION OF ESTIMATED TAX FOR 1 9 5 0 FOR CERTAIN V . S. EMPLOYEES
Paragraph 1. Pursuant to the authority contained in section 58 (e> of the Internal Revenue Code, an extension of time for filing the declaration of estimated tax for the calendar year 1950 is hereby granted up to and including the due date of the return for such year in the case of a citizen who is an employee of the United States or of any agency (civilian, military, or naval) of the United States and who is required to make the declaration of estimated tax for such year solely because of the amendment of section 251 of the Internal Revenue Code made by section 220 of the Revenue Act of 1950, approved September 23, 1950. If the taxpayer files his return for such calendar year on or before the due date of such return, and pays the amount of the tax shown on such return, such return shall also be considered as the declaration of estimated tax for^uch taxable year. See §§ 29.5a-l, 29.53-3, and 29.53-4 of Treasury Regulations 111 for the due date of returns.
P ar. 2. This Treasury decision shall be effective upon its filing for publication in the F ederal R egister.
Because this Treasury decision merely relieves certain taxpayers from a requirement respecting the filing of declarations of estimated tax for the calendar year 1950, it is found that it is unnecessary to Issue this Treasury decision with notice and public procedure thereon under section 4 (a) of the Administrative Procedure Act, approved June 11, 1946, or subject to the effective date limitation of section 4 (c) of such act.(53 Stat. 32, 467; 26 U. S. C. 62, 3791. Interprets or applies sec. 58, 57 Stat. 142 as amended; 26 U. S. C. 58)
[seal! Geo. J. S choeneman, Commissioner of Internal Revenue.
Approved; January 10, 1951.T homas J. Lynch ,
Acting Secretary of the Treasury.[F. R. Doc. 51-591; Filed, Jan. 11, 1951;
9:42 a. m.]
352 RULES AND REGULATIONS
TITLE 32A—-NATIONAL DEFENSE, APPENDIX
Chapter I— National Production Authority, Department of Commerce [NPA Reg. 2, as Amended Jan. 11, 1951]
Part 11—Basic R ules op the Priorities System
This regulation as amended is found necessary and appropriate to promote the national defense and is issued pursuant to the authority granted by section 1Ó1 of the Defense Production Act of 1950. Consultation with industry representatives in advance of the issuance of this amendment has been rendered impracticable by the fact that the amendment applies to all trades and industries.- This amendment affects NPA Regulation 2, as amended, as follows:
It amends § 11.5 (a) by the insertion of an additional sentence; it amends § 11.6 (a) by adding thereto an additional clause; it amends § 11.15 (a) by replacing the existing paragraph. As amended January 11, 1951, this part (Regulation 2) is revised to read as follows:
generalSec.11.1 What this part does.11.2 Definitions.11.3 Rating authorized.11.4 When ratings may be applied.11.5 When ratings may be extended for
material.11.6 Additional restrictions upon the use
of ratings for certain materials.11.7 Use of ratings for services.11.8 How to apply or extend a rating.11.9 Special provisions applicable to exten
sions: grouping of orders.11.10 Rules for acceptance and rejection
of rated orders.11.11 Report to NPA of Improperly rejected
orders.11.12 Cancellation of ratings.11.13 Sequence of filling rated orders.11.14 Changes in customers’ orders.11.15 Delivery or performance dates.11.16 Relation of ratings and directives.11.17 Use or disposition of material acquired
under this part.11.18 Delivery for unlawful purposes pro
hibited.11.19 Intra-company deliveries.11.20 Inventory restrictions on materials ac
quired with a rating.11.21 Scope of regulations and orders.11.22 Defense against claims for damages.11.23 Records.11.24 Audit and inspection.11.25 Reports.11.26 Violations.11.27 Adjustments and exceptions. >11.31 List A.
INTERPRETATIONS
11.100 Certain containers, packaging and chemicals.
a u t h o r it y : §§ 11.1 to 11.100 issued under sec. 704, Pub. Law 774, 81st Cong. Interpret or apply sec. 101, Pub. Law 774, 81st Cong.; sec. 101, E. 6 . 10161, Sept. 9, 1950, 15 P. R. 6105.
GENERAL
§ 11.1 What this part does. This part states the basic rules of the priorities system to be administered by the National Production Authority in the Department of Commerce. It states what kind of orders are rated orders,
how to place them and the preference status of such orders. These rules apply to all business transactions within the jurisdiction of NPA unless more specific regulations, orders or directives of the NPA state otherwise.
§ 11.2 Definitions. (a) “Person" means any individual, corporation, partnership, association or any other organized group of persons and includes any agency of the United States or any other government.
(b) “Materials” means any raw, in process, or manufactured commodity, equipment, component, accessory, part, assembly or product of any kind.
(c) “NPA” means the National Production Authority in the Department of Commerce.
(d) “Rated order” means any purchase order, contract or other form of procurement for materials or services bearing the authorized rating and certification provided for in this part.
(e) “Assignment” of a rating. A ra ting is assigned when the NPA, or a government agency that it has authorized, grants a person the right to use the rating.
(f) “Application” of a rating. A ra ting is applied when the person to whom it is assigned uses the rating.
(g) “Extension” of a rating. A rating is extended when it is used by the person to whom it was applied or when it is further used by another person to whom it was extended.
§ 11.3 Rating authorized. Only a single rating is authorized, to be known as a “DO rating”. This rating will be identified by the prefix DO and the two digits identifying the procurement program, which must be furnished a supplier by the person using the rating. All DO rated orders will have equal preferential status as provided in this part.
§ 11.4 When ratings may he applied.(a) When a regulation, order or certificate assigns a DO rating to any person either by naming him or by describing the class of persons to which he belongs, that person may apply the DO rating to get delivery of material or the performance of certain services.
(b) No person may place rated orders for more material than he is authorized to rate even though he intends to cancel some of the orders or reduce the quantity of material ordered to the authorized amount before it is all delivered.
§ 11.5 When ratings may he extended for material, (a) When a person has received a rated order for the delivery of material, he may extend the rating to get the material which he will deliver on that order, or which will be physically incorporated in the material which he will deliver, including containers and packaging materials required to make the delivery, and including also chemicals directly used in the production of the material. Such rating may also be used to procure the following accessories for production equipment: jigs,*, dies, tools, and fixtures directly made use of in the production of such material, if the inability to procure such accessories would result in a failure to meet delivery
date established in such rated order. This does not include, machine tools or other complete units of production equipment. If the material is to be processed, this includes the portion of it which would normally be consumed or converted into scrap or by-products in the course of processing.
(b) If a person has made delivery of material or has incorporated it into the material which he has delivered on a rated order, he may extend the rating to replace it in his inventory subject to the provisions of Part 10 of this chapter (Regulation 1) on inventory. Whether or not the material fs covered by Part 10 of this chapter (Regulation 1) no rating may be used for any inventory replacement which would result in more than a practicable minimum working inventory, as-defined in Regulation 1. Any material ordered with a rating as replacement in inventory must be substantially the same as the material which the person delivered or incorporated in the material which he delivered, except for minor variations in size, shape or design.
§11.6 Additional restrictions upon the use of ratings for certain materials.(a) A person who has received a rated order may not extend the rating to get material for plant improvement, expansion, or construction, or to get machine tools or other items which he will carry as capital equipment, or to get maintenance, repair or operating supplies, except as is provided in § 11.5 (a).
(b) The ratings established by this part shall have no effect upon deliveries of items in § 11.31, List A. No person shall use ratings to get any of the items in § 11.31, List A, and no person selling such items shall require a rating as a condition of sale. Any rating purporting to be used to get any such items on a preferred basis shall be void.
§ 1V7 Use of ratings for services.(a) When a person is entitled to use a rating to get processed material, he may furnish the unprocessed material to a processor and use the same rating to get the material processed
If the NPA specifically authorizes a person to use a rating to get services, he may use it for that purpose.
(c) Except as provided in paragraphs(a) and (b) of this section, no person may use a rating to get services.
(d) A person to whom a rating for services, as distinct from the production or delivery of material, has been applied or extended may not extend the rating for ahy purpose.
§ 11.8 How to apply or extend a rating. (a) When a person applies or extends a rating, he must put the prefix DO and the two digits supplied to him, for example DO-39, on his purchase order, or on a separate piece of paper attached to the order or clearly identifying it, together with the words “Certified under NPA Regulation 2,” signed as prescribed in this section. This certificate constitutes a representation to the supplier and to the NPA that the purchaser is authorized under the provisions of this part to use the rating for the delivery of the materials covered by the order.
Saturday, January 13, 1951 FEDERAL REGISTER 353
(b) Certifications on purchase or delivery orders must be signed by the person placing the order or by a responsible individual who is duly authorized to sign for that purpose. The signature must be either by hand or in the form of a rubber stamp or other facsimile reproduction of a handwritten signature. If a facsimile signature is used, the individual who uses it must be duly authorized in writing to use it for this purpose by the person whose signature it is, and a written record of the authorization must be kept. 9
(c) When a rated order is placed by telegram, the rating identification and certificate must be set out in full in the telegram. It will be sufficient if the file copy of the telegram is signed in the manner required for certification by this part.
(d) On rated orders requiring shipment within-seven days, the substance of the, certification may be stated verbally or by telephone. However, the following rules must be complied with:
(1) The person making the statement for the buyer must be a person duly authorized to make the certification.
(2) Both the buyer and the seller must promptly make a written record of thé fact that the certification was given orally and the record must be signed by the buyer in the same way as a certification.
(e) The person who places a rated order, the individual whose signature is used and the individual who approves the use of the signature, will each be considered to be making a representation to the NPA that the statements contained in the certification are true to the best of his knowledge and belief. The person receiving the certification and any other information required to be included with it, shall be entitled to rely on it as a representation of the buyer unless he knows or has reason to believe that it is false.
(f ) No person shall knowingly apply or extend or purport to apply or extend a rating to any order unless he is entitled to do so. No person shall apply or exitend a rating Jor material or services after he has received the material or after the services have been performed, and any person who receives such a rating shall not extend it.
§ 11.9 Special provisions applicable to extensions; grouping of orders, (a) No person may extend any rating to replace inventory after three months have passed from the time he could have first extended it.
(b) If the purchase requirements for filling a number of rated orders for different items bearing different rating identifications are combined in one purchase order, each applicable rating identification must be placed alongside the related item.
ici If the purchase requirements for filling a number of rated orders for the same material but bearing different rata ing identifications are combined in one Purchase order, the purchase order must show the amount o f . each material tof which a particular rating identification is extended.
No. 9— —3
(d) In the case of a manufacturer of common components or shelf items or any other person who has a number of rated orders for which he cannot place orders for minimum commercially procurable quantities of materials, to fill the rated orders individually, he may place one rated order for all the materials using the identification symbol DO-99. However, the amounts so ordered may not exceed the total amount of the material required for the rated orders so combined.
§ 11.10 Rules for acceptance and rejection of rated orders. Every order bearing a rating must be accepted and filled regardless of existing contracts and orders except as provided in this section. The “existing contracts and orders” referred to include not only ordinary purchase contracts but other arrangements achieving substantially the same results, though in. form they may concern the use of production facilities rather than the material produced.
(a) A person must not accept a rated order for delivery on a date which would interfere with delivery of rated orders which he has already accepted, nor if delivery of the material ordered would interfere with delivery on an order which the NPA has previously directed him to fill.
(b) If a person when receiving a rated order bearing a specific delivery date does not expect to be able to fill it by the time requested, he must not accept it for delivery at that time. He must either (1) reject the order, stating when he could fill it, or (2) accept it for delivery on the earliest date he expects to be able to deliver, informing the customer of that date. He may adopt either of these two courses, depending on his understanding of which his customer would prefer. He may not reject a rated order just because he expects to receive other rated orders in the future.
(c) A supplier does not have to accept a rated order in any of the following cases, but there must be no discrimination in such cases against rated orders or between rated orders of different customers:
(1) If the person seeking to place the order is unwilling or unable to meet regularly established prices and terms of sale or payment. When a person who has a rated order asks a supplier to quote his regularly established prices and terms of sale or payment, the supplier must do so, except that if this would require detailed engineering or accounting work, he may give his best estimate without such work and say that it is not binding. However, the supplier need not quote if he is not required to accept the rated order and advises the person seeking the quotation of the reason for his refusal.
(2) If the order is for the manufacture Of a product or the performance of a service of a kind which the person to whom the order is offered has not usually made or performed, and in addition^if either (i) he cannot fill the order without substantially altering oi lidding to his facilities or (ii) the order can readily be performed by someone else who has usually accepted and performed such orders.
" (3) If an order for material is offered to a person who produces or acquires it for his own use only, and he has not filled any orders for that material within the past two years. If he has filled any orders within that period, but the rated order would take more than the excess over his own needs, he may reject the order for any amount over the excess.
(4) Ii filling the order would stop or interrupt the supplier’s operations during the next 60 days in a way which would cause a substantial lftss of total production or a substantial delay in operations.
(d) A manufacturer or processor need not accept a rated order from another person who manufactures or processes the same product, unless specifically directed to do so by the NPA.
(e) Any person who refuses to accept a rated order shall, upon written request of the person placing the order, promptly give his reasons in writing for his refusal.
§ 11.11 Report to NPA of improperly rejected orders. When a rated order is rejected in violation of this part, a report of the relevant facts may be filed with the NPA, Washington 25, D. C., Ref: Regulation 2. The NPA will take such action as it considers appropriate after requiring an explanation from the person rejecting the order.
§ 11.12 Cancellation of ratings. If a rating which has been used by a person is revoked he must immediately, in the case of each order to which he has applied such rating, either cancel the order or inform his supplier that it is no longer to be treated as a rated order. If any person receives notice from his customer or otherwise that the customer’s order is no longer a rated order or that the customer’s order is cancelled, he must immediately withdraw any extensions of that rating which he has made to any purchase order placed by him.
§ 11.13 Sequence of filling rated or ders. (a) Every person who has rated orders on hand must schedule his operations, if possible, so as to fill each rated order by the required delivery or performance date. If this is not possible, for any reason, he must give precedence to all rated orders over unrated orders.
(b) As between conflicting rated orders, precedence must be given to the order which was received first with the rating: Provided, That orders received prior to October 3, 1950, and which receive ratings prior to October 31, 1950, take precedence as of the dates on which orders were first placed. As between conflicting rated orders received on the same date, precedence must be given to the order which has the earliest required delivery or performance date.
(c) A rated order calling for earlier delivery than a rated order already accepted must not be allowed to interfere with scheduled delivery on the first order, but if both deliveries can be made on schedule it is not necessary to produce or make delivery on the first customer’s order ahead of the second.
354
(d) In the usual case, the date on which specifications have been furnished to the manufacturer in sufficient detail to enable him to put the product into production is to be considered the date on which the rated order is received.
(e) If a rated order or a rating applicable to an order is cancelled when the supplier has material in production to fill it, he need not immediately stop processing in order to put other rated orders into production. He may continue to process the material which he had put into production for the cancelled order to a stage of completion which will avoid a substantial loss of total production, but he may not incorporate any material which he needs to fill any rated orders on hand. He may not, however, delay putting other rated orders into production for more than 15 days.
§ 11.14 Changes in customers’ orders.(a) The general rule is that any change in a customer’s rated order constitutes a cancellation of the order and must be considered as a new order received on the date of the change, if the change will require the manufacturer to interfere with his production. For example:
(1) A change in shipping destination does not constitute the placing of a new order.
\(2) An increase in the total’amount ordered is a new order to the extent of the increase unless it can be filled with only a negligible interference with the filling of later rated orders.
(3) A change in the date of the delivery, whether advanced or deferred, when made by the customer, is a new rated order if it interferes with production or delays delivery on another rated order.
(4) A reduction in the total amount ordered will presumably not require a change in the manufacturer’s schedule and will not constitute a new rated order. If the quantity is reduced below a minimum production quantity, the manufacturer may insist on the delivery of not less than a minimum production quantity. If the customer is not willing to order that amount, the manufacturer may reject the order. The manufacturer may not discriminate between customers in requiring delivery of minimum production amounts.
(5) .llffihen the customer directs the manufacturer to hold or suspend production without specifying a new delivery date, the rated order must be considered cancelled. If requested to .do so within ten days after receiving such an instruction, the manufacturer must reinstate the order as nearly as possible to its former place in his proposed schedule of delivery as long as the reinstatement does not cause loss of production or delay in the scheduled deliveries of other rated orders. Any request for reinstatement made after ten days shall be treated as the placing of a new rated order.
(6) Where minor variations in size, design, capacity, etc., are requested by the customer and can be arranged by the manufacturer without interfering with
RULES AND REGULATIONS
his production, such changes do not constitute a new rated order.
(b) Where a change in an order constitutes a new rated order, the conditions existing at the time the change is received govern the acceptance of the rated order and its sequence in delivery under the rules of this part.
§ 11.15 Delivery or performance dates, (a) Every rated order must specify delivery or performance on a particular date or dates or during a particular month, which, in no case, may be earlier than required by the person placing the order. Any order which fails to comply with this requirement shall not be treated as a rated order. The words “immediately” or “as soon as possible” . or other words to that effect do not meet the requirements of this paragraph.
(b) The required delivery or performance date, for purposes of determining the sequence of deliveries or performance pursuant to § 11.13, shall be the date on which delivery or performance is actually required. The person with whom the rated order is placed may assume that the required delivery or performance date is the date specified in the order or contract unless he knows either (1) that the date so specified was earlier than required at the time the order was placed, or (2) that delivery or performance by the date originally specified is no longer required by reason of any change of circumstances. A delay in the scheduled receipt of any other material which the person placing the order requires prior to or concurrently with the material ordered, shall be deemed a change of circumstances.
(c) If, after accepting a rated order which specifies the time of delivery, the person with whom it is placed finds that he cannot fill it approximately on time, he must promptly notify the customer, telling him when he expects to be able to fill the order.
§ 11.16 Relation of ratings and directives. Special directives or authorizations issued by NPA take precedence over rated orders previously or subsequently received, unless a contrary instruction appears on the directive or authorization.
§ 11.17 Use or disposition of material acquired under this part, (a) Any person who gets material with a rating or through a specific authorization or a directive of the NPA must, if possible, use or dispose of it (or of the product into which it has been incorporated) for the purpose for which the assistance was given. Physical segregation is not required as long as the restrictions applicable to any specific lot of material or product are observed with respect to an equivalent amount of the same material or product.
(b) The restriction in paragraph (a) of this section does not apply when a material, or a product into which it has been incorporated, can no longer be used for the «purpose for winch the priority assistance was given, fof^example, when the assistance was given to fill a particular order and the material or product does not meet the customer’s specifica
tions or the contract order is cancelled. In such cases the rules on further use or disposition in paragraph (c) of this section must be observed.
(c) The holder of a material or product subject to paragraph (b) of this section may sell it as long as he complies with all requirements of other applicable sections of this part and of other orders and regulations of the NPA, or he may use it himself in any manner or for any purpose as long as he complies with such requirements.
§ 11.18 Delivery f»r unlawful purposes prohibited. No person shall deliver any material which he knows or has reason to believe will be accepted, redelivered, held or used in violation of any order or regulation of the NPA.. § 11.19 Intra-company deliveries.
The provisions of this part apply not only to deliveries to other persons, including affiliates, and subsidiaries, but also to deliveries from one branch, division or section of a single enterprise to another branch, division or section of the same or any other enterprise under common ownership or control.
§ 11.20 Inventory restrictions on materials cxquired with a rating. The inventory restrictions described in Part 10 of this chapter (NPA Regulation 1) apply to all listed materials acquired with ratings or other priorities assistance.
§ 11.21 Scope of regulations and orders. (a) All regulations and orders of the NPA (including directions, directives and other instructions) apply to all subsequent transactions even though they are covered by contracts previously entered into. Regulations and orders apply to transactions in the territories or insular possessions of the United States unless the regulation or order specifically states that it is limited to the continental United States or to the 48 States and the District of Columbia. However, restrictions of NPA orders or regulations on the use of material or on the amount of inventory shall not apply when the material is used or the inventory is held directly by the Department of Defense outside the 48 States and the District of Columbia, unless otherwise specifically provided.
(b) All orders and regulations of the NPA which control the sale, transfer or delivery of any material, product or equipment, apply to sales made by any person, whether for his own account or for the account of others, and all restrictions upon accepting delivery apply to acceptance of delivery at any type of sale, including sales made by auctioneers, receivers, trustees in bankruptcy, and other cases where the assets of a business are being liquidated.
§ 11.22 Defense against claims for damages. No person shall be held liable for damages or penalties for any default under any contract or order which shall result directly or indirectly from compliance with any regulation or order of the NPA'(including any direction, directive or other instruction) notwithstanding that any such regulation or order shall thereafter be declared by judicial or other competent authority to he invalid.
Saturday, January 13, 1951 FEDERAL REGISTER 355
§11.23 Records. Bach person participating in any transaction covered by this part shall retain in his possession for at least two years records of receipts, deliveries, inventories, and use, in sufficient detail to permit an audit that determines for each transaction that the provisions of this part have been met. This does not specify any particular accounting method and does not require alteration of the system of records customarily maintained, provided such records supply an adequate basis for audit. Records may be retained in the form of microfilm or other photographic copies instead of the originals.
§11.24 Audit and inspection. All records required by this part shall be made available at the usual place of business where maintained for inspection and audit by duly authorized representatives of the NPA.
§ 11.25 Reports. Persons subject to this part shall make such records and submit such reports to the NPA as it shall require, subject to the terms of the Federal Reports Act.
§ 11.26 Violations. Any person who wilfully violates any provision of this part or any other regulation or order of the NPA, or furnishes false information or conceals any material fact in the course of operation under any such regulation or order, is guilty of a crime and upon conviction may be punished by fine or imprisonment or both. In addition, administrative action may be taken against any such person to suspend his privilege of making or receiving further deliveries of materials or using facilities under priority or allocation control and to deprive him of further priorities assistance.
§ 11.27 Adjustments and exceptions. Any person affected by any provision of this part may file an application for an adjustment or exception upon the ground that such provision works an unreasonable hardship upon him not suffered generally by others in the same trade or industry or that its enforcement against him would not be in the interest of the national defense.
§ 11.31 List A. Allocation and distribution of the following items is subject to regulation by other government agencies and these items are therefore not subject to ratings issued by or under authority of NPA. However, producers of spch items are subject to NPA regulations with respect to other materials and products used by them.'Electric power.1 Farm equipment.*Fertilizer, commercial.*Food.*Fuels, solid.*Gas.*Petroleum.*Source and fissionable materials.®
1 Under jurisdiction of the Department of the Interior^—E. Ó, 10161, 15 F. R. 6105.
2 Under jurisdiction of the Department Of Agriculture—E. O. 10161, 15 F. R. 6105.
3 Under jurisdiction of the Atomic Energy Commission—60 Stat. 755; 42 U. S. G. et seq.
Transportation services, domestic, storageand port facilities.4The following items are not subject to
any ratings issued by or under authority of the NPA at the present time, and no rating issued by NPA may be extended to obtain such items unless specific authorization is given by NPA:Communications services.Ice.Mineral aggregates:
Sand.Gravel. •Crushed stone.Slag.
Ores and scrap.Steam heating, central.Transportation services, other.Waste paper.Water.Wood pulp.
INTERPRETATIONS
§ 11.100 Certain containers, packaging and chemicals. (a) The authority to apply ratings under the priorities system established by this part (NPA Reg. 2) to direct contracts and purchase orders for certain purposes has been delegated, subject to stated limitations, to the Secretary of Defense and the Atomic Energy Commission (NPA Delegations 1 and 2). However, this part (Reg. 2) does not apply to the items specified in § 11.31 List A, including Petroleum and Food. The Secretary of Defense and the Atomic Energy Commission may not therefore, apply a rating to a purchase order for Petroleum or Food.
(b) In addition, the Secretary of Defense and thé Atomic Energy Commission have been authorized by the same delegations to assign the right to apply ratings to persons placing orders for materials to be delivered to the Department of Defense and to the Commission, respectively. The “Assignment” of a ra ting is defined by § 11.2 (e) of Reg. 2 as follows:
A rating is assigned when the NPA, or a government agency that it has authorized, grants a person the right to use the rating.
(c) In view of the Delegations of Authority mentioned and of the provisions of this part (Reg. 2), the Secretary of Defense and the Atomic Energy Commission, and their respective authorized representatives, may assign to their suppliers of Petroleum and Food the right to apply ratings to get the drums, cans and other containers and packaging required for the delivery of the Petroleum and Food, and to get chemicals required for use (i) directly in the production of the Petroleum and Food, or (ii) in processing the Petroleum and Food and which will be consumed or converted into by-products in the course of the processing. These ratings may not be used to get containers, packaging or chemicals, in excess of the minimum quantities required to fill such orders for Petroleum and Food,
(1 y Illustration 1, The Department of the Navy places an order with the X Re«*. fining Company for 500 drums of gaso* line. This is not a rated order. An
‘ Under jurisdiction of the Interstate Commerce Commission—E. O. 10161, 15 F. R. 6105.
authorized Navy representative may assign to the X Company the right to apply a rating to get the drums required for delivery of the 500 drums of gasoline.
(2) Illustration 2. The Department of the Army places an order with the X Company for 100 bbls. of flour. This is not a rated order. An authorized Army representative may assign to the X Company the right to apply a rating to get the packages or containers required for the delivery of the 100 bbls. of flour.
(3) Illustration 3. The Department of the Air Force places an order with the Z Refining Company for 100 cans of lubricating oil. This is not a rated order. The Z Company requires two types of chemicals to be used in filling this order: (i) A chemical to be directly used in the production of the oil, and (ii> a chemical that will be consumed or converted into by-products in the course of processing the oil. An authorized representative of the Air Force may assign to the Z Company the right to apply a ra ting to get the chemicals so required.
N o t e : All reporting and record-keeping requirements of this regulation have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942.
This part as amended shall be effective January 11, 1951.
National Production Authority,
[ s e a l ] W. H. H a r r is o n ,Administrator.
[F. R. Doc. 51-737; Filed, Jan. 12, 1951;12:31 p. m.]
[NPA Order M-21]Part 74—Methylene Chloride
This order is found necessary and appropriate to promote the national defense and is issued pursuant to the authority granted by Section 101 of the Defense Production Act of 1950. In the formulation of this order consultation with industry representatives, including trade association representatives, has been rendered impracticable due to the necessity for immediate action.Sec.74.1 What this part does.74.2 Definitions.74.3 Methylene chloride to which this part
applies.74.4 Prohibited use of refined grade of
methylene chloride.* '74.5 Limitation on extension of DO rated
orders'for methylene chloride.74.6 Prohibited delivery for unlawful pur
poses.74.7 Delivery and certification of certain
orders for methylene chloride.74.8 Exception.74.9 Adjustments and exceptions.74.10 Records, audit, inspection and reports.74.11 Communications.74.12 Violations.
Au t h o r it y : §§ 74.1 to 74.12 issued under ®ec. 704, Pub. Law 774, 81st Cong. Interpret bv apply sec. 101, Rub, ¡Law 774, 81st Cong., fee. 101, E. O. 10161, Sept. 9, 1950, 15 F. R. 6105.
§ 74.1 What this part does. This part applies to producers, distributors
356 RULES AND REGULATIONS
and users of methylene chloride. In view of the fact that the refined grade of methylene chloride is in short supply, this partxprohibits the use thereof for manufacture or process where the paint remover grade of methylene chloride will meet the requirements therefor. I t also limits in certain instances the extension of DO rated orders for methylene chloride of the refined grade. This part supplements Part 11 of this Chapter (NPA Regulation 2) but only those provisions of Part 11 which are inconsistent with this part are superseded and all other provisions of Part 11 continue to apply to the methylene chloride industry.
§ 74.2 Definitions. As used in this part:
(a) “Person” means any individual, corporation, partnership, association or any other organized group of persons and includes any agency of the United States or any other government.
(b) “NPA” means National Production Authority in the Department of Commerce.
§ 74.3 Methylene chloride to which this part applies. This part applies to (a) the refined grade (also known as the refrigerant grade) of methylene chloride, and (b) the paint'remover grade of methylene chloride which is suitable for use in the manufacture of paint remover and for dry cleaning and various other purposes.
§ 74.4 Prohibited use of refined grade of methylene chloride. No person shall use the refined grade of methylene chloride in the manufacture of paint remover or for dry cleaning or for any other purpose where the paint remover grade of methylene chloride will meet the requirements of the product or process for which it will be used.
§ 74.5 Limitation on extension of DO rated orders for methylene chloride. A DO rated order for methylene chloride for use in the manufacture of paint remover or for any other purpose^ where the paint remover grade of methylene chloride will meet the requirements for the product or process for which it will be used, shall not be extended to obtain refined methylene chloride, regardless of whether the person who extends such order may have used, prior to the effective date of this part, refined methylene chloride to fill a rated order for which the paint remover grade could have been usefl.
§ 74.6 Prohibited delivery for unlawful purposes. No person shall accept an order for, sell or deliver the refined grade of methylene chloride which he knows or has reason to believe will be accepted, held or used in violation of any provision of this part.
§ 74.7 Delivery arid certification of certain orders for methylene chloride. No producer or distributor may deliver refined methylene chloride, except under a DO rated order, to any buyer for use in the manufacture pf photographic film or medical or industrial X-ray film unless the purchaser has previously delivered a signed certification to the producer or distributor as follows:
Certified under NPA Order M-21This certificate constitutes a representation to the seller and to NPA that the purchaser is authorized, under the provisions of this part, to accept delivery of refined methylene chloride as permitted in this part, for use exclusively for the manufacture of photographic film or medical or industrial X-ray film and that such delivery is not prohibited by other applicable orders or regulations of NPA.
§ 74.8 Exception. This part shall not prevent the completion of the manufacture or process of any product containing the refined grade of methylene chloride, which was commenced on or prior to the effective date of this part.
§ 74.9 Adjustments and exceptions. Any person affected by any provision of this part may file with NPA a request for adjustment or exception upon the ground that such provision works an undue or exceptional hardship upon him not suffered generally by others in the same trade or industry, or that its enforcement against him would not be in the interest of the national defense or in the public interest. In considering requests for adjustment which claim that the public interest is prejudiced by the application of any provision of this part, consideration will be given to the requirements of public health and safety, civilian defense, and dislocation of labor and resulting unemployment that would impair thè defense program. Each such request shall be in writing and shall set forth all pertinent facts, the nature of the relief sought and the justification therefor.
§ 74.10 Records, audit, inspection and reports, (a) Each person participating in any transaction covered by this part shall retain in his possession for at least two years records of receipts, deliveries, inventories and use, in sufficient detail to permit an audit that determines for each transaction whether the provisions of this part have been met. This does not specify any particular accounting method and does not require alteration of the system of records customarily maintained, provided such records supply an adequate basis for audit. Records may be retained in the form of microfilm or other photographic copies instead of the originals.
(b) All records required by this part shall be made available at the usual place of business where maintained for inspection and audit by duly authorized representatives of NPA.
2. In § 36.4-356, paragraph (e) (4) is amended; a new paragraph (f) has been added and former paragraph (f) redesignated (g).
§ 36.4356 Credit restrictions. * * *(e) * • *
(c) Persons subject to this part shall make such records and submit such reports to NPA as it shall require, subject to the terms of the Federal Reports Act (Pub. Law 831, 77th Cong., 5 U. S. C. 139-139F).
All reporting and record-keeping requirements of this part have been approved by the Bureau of Budget in accordance with the Federal Reports Act of 1942.
§ 74.11 Communications. All communications concerning this order shall be addressed to National Production Authority, Washington 25, D. C., Ref: M-21.
§ 74.12 Violations. Any person who willfully violates any provision of this part or any other order or regulation of NPA or willfully conceals a material fact or furnishes false information in the course of operation under this part is guilty of a crime and upon conviction may be punished by fine or imprisonment or both. In addition, administrative action may be taken against any such person to suspend his privilege of making or receiving further deliveries of materials or using facilities under priority or allocation control and to deprive him of further priorities assistance.
This part shall take effect on January 11, 1951.
National Production Authority,
[seal] W. H. Harrison,Administrator.
[F. R. Doc. 51-736; Filed, Jan. 12, 1951;12:31 p. m.]
TITLE 38— PENSIONS, BONUSES, AND VETERANS’ RELIEF
Chapter I— Veterans’ AdministrationP art 36—Servicemen’s Readjustment
Act of 1944SUBPART A— TITLE III , LOAN GUARANTY
1. In § 36,4343, a new paragraph (g) is added as follows:
§ 36.4343 Loans which may not be processed automatically. * * *
(g) Except for loans in the Territory of Alaska, no loan to be made for the purchase or construction of residential property will be approved pursuant to this section unless each veteran participant makes a down payment in cash or its equivalent in accordance with the following schedule:
(4) The loan is for the purchase or construction of residential property which requires prior approval under § 36.4343 of the regulations concerning guaranty or insurance of loans to veterans.* * * * *
Transaction price (i. e., each veteran participant’s part)
$10,000 or less_____________ _____________—-More than $10,000 but not more than $12,000-. More than $12,000 but not more than $15,000-. More than $15,000 but not more than $20,000-. More than $20,000 but not more than $24,500-. Over $24,500____________________________—
Minimum down payment 12 percent.$1,200 plus 30 percent of excess over $10,000. $1,800 plus 55 percent of excess over $12,000. $3,450 plus 75 percent of excess over $15,000. $7,200 plus 85 percent of excess over $2O,PO0. 45 percent.
Saturday, January 13, 1951
(f) If the loan is related-to-the purchase, construction, repair, alteration or improvement of property containing two, three or four residential units, the down payment will be the total sum required computed as though each of the units were being purchased, constructed, repaired, altered or improved singly,
(g) This section is promulgated pursuant to and'for the purpose of carrying out the provisions of the issuance of “Credit Restrictions Pursuant to the Defense Production Act of 1950 on Loans Made or Assisted by the Administrator of Veterans’ Affairs” by the Housing and Home Finance Administrator, effective concurrently with this section, and will be applicable notwithstanding the provisions of any other section of this part and shall terminate upon the termination of Executive Ordej No. 10161, unless terminated earlier by proper authority.(Sec. 504, 58 Stat. 293, as amended; 38 U. S. C. 694d)
This regulation effective January 12, 1951.
[seal] O. W. Clark,Deputy Administrator.
Credit R estrictions P ursuant to theDefense Production Act of 1950 onLoans Made or Assisted by the Administrator of Veterans’ Affairs
I hereby find that the regulations contained in Title 38, Chapter I, § § 36.4343 (g) and 36.4356, Regulations of the Administrator of Veterans’ Affairs, supra, effective concurrently herewith, are issued in compliance with my determination, pursuant to authority vested in me by section 502 of Executive Order 10161 (September 9, 1950, 15 F. R. 6105), that such issuance is necessary to carry out the purposes of Title VI of the Defense Production Act of 1950 (Pub. Law 774, 81st Cong.). For the purpose of authorizing the Administrator of Veterans’ Affairs to comply with my aforesaid determination, such of my authority pursuant to said section 502 as may be necessary for the issuance of said §§36.4343 (g). and 36.4356 is hereby vested in the Administrator of Veterans’ Affairs. The said §§ 36.4343 (g) and 36.4356 are issued in accordance with the provisions of said Title VI of the Defense Production Act of 1950 and of said section 502 of Executive Order 10161, including the require-
DEPARTMENT OF DEFENSEOffice of the Secretary
Summary op Uniform Instructions
Uniform instructions for the selection of sponsors and processing of housing Projects constructed under the provisions of Title v n i of the National Housing Act, as amended (Pub. Law 211,81st Cong., as amended by Pub. Law 498, 81st Cong.V* which have been issued for the guidance of field offices of the Departments of the
FEDERAL REGISTER
ments of said section 502 that (1) provisions of regulations of the Board of Governors of the Federal Reserve System relating to credit involving real property shall be made applicable to the fullest extent practicable to loans oft residential real property made, insured, or guaranteed by any agency in the executive branch of the United States Government and (2) the. relative credit preferences accorded to veterans under existing law shall be preserved. In the formulation of the aforegoing, there has been consultation with representatives of veterans and consumer organizations and with representatives of the home building and financing industries, including labor and trade associations, and consideration has been given to the recommendations of such representatives.(Reorg. Plan No. 3 of 1947, 12 F. R. 4981 (1947); P. L. 774, 81st Cong., 64 Stat. 932; E. O. 10161, 15 F. R. 6105)
Effective as of the 12th day of January 1951.
[seal] R aymond M. F oley,Housing and Home Finance
Administrator.[F. R. Doc. 51-671; Filed, Jan. 11, 1951$
1:02 p. m.]
TITLE 39— POSTAL SERVICEChapter I— Post Office DepartmentPart 34—Classification and Rates of
Postage
Part 43—Treatment of Domestic M att,Matter at R eceiving P ost Offices
miscellaneous amendments
a. In § 34.14 Letters of soldiers, sailors, and marines (39 CFR 34.14) make the following changes:
1. Amend the section caption to re&A as follows: “Letters sent by members of the armed forces of the United States.”
2. Amend paragraph (b) to read as follows:
(b) How marked. Letters sent by members of the armed forces of the United States, located in the United States or any of its possessions or other places where the United States domestic mail service is in operation, addressed to places in the United States or any of its possessions, when endorsed “Soldier's
NOTICESArmy, Navy and Air Force, are summarized as follows:
1. Development of plans for projectsw plans and specifications for proposed housing projects may be developed bjf local architect-engineers employed under contract by the Government, under the Supervision of field representatives of the Chief pf Engineers, U. 6. Army, or the Chief, Bureau of Yards and Docks, U. & Navy (hereinafter referred to as “Mil* itary Field Offices”), The sponsor» when selected, will be required to reim«
357
Letter,” “Airman’s Letter,” “Sailor’s Letter,” or “Marine’s Letter,” as the case may be and signed thereunder either with facsimile hand stamp or in writing, with his official designation, by a commissioned officer to whose command the soldier or airman belongs, or by a surgeon or chaplain at a hospital where he may be; and in the Navy and Marine service by a commissioned officer a ttached to the vessel on which the member is serving or officer commanding a hospital or detachment ashore where he may be, shall be. dispatched to destination without prepayment of postage, and only the single rate of postage shall be collected on delivery.(R. S. 161, 396, 42 Stat. 24, 25; 5 U. S. C. 22, 869. Interprets or applies sec. 9, 20 Stat. 358, as amended; 39 U. S. C. 280)
b. Amend § 43.30 Mail for persons adjudicated of unsound mind (39 CFR 43.30) to read as follows:
§ 43.30 Mail for persons adjudicated of unsound mind or incompetent. Mail addressed to a person who has been adjudicated of unsound mind or incompetent shall be delivered in accordance with the directions of his duly appointed guardian. In the absence of such directions, it should be delivered as addressed.
c. In § 43.45 Undeliverable postal and post cards (39 CFR 43.45; 15 F. R. 7644, 8052) rescind paragraphs (a-1) and (b) and insert a new paragraph (b) to read as follows:
(b) Disposal of others. All other undeliverable domestic cards shall be destroyed or disposed of as waste by postmasters, except that such as are obviously obscene or scurrilous under the provisions of §§ 36.2, 36.3, or 36.4 of this chapter shall be treated as provided in § 42.18 of this chapter. Before such cards are disposed of as waste any written communications thereon shall be canceled or mutilated to prevent improper use of the correspondence and any uncanceled stamps thereon shall be canceled.(R. S. 161, 396, secs. 304, 309, 42 Stat. 24, 25} 5 U. S. C. 22, 369)
[seal] j . m . D onaldson,Postmaster General.
[F. R. Doc. 51-587; Filed, Jan. 12, 1951} 8:49 a. m.]
burse the Government for the use of the plans and specifications in an amount equal to the amount paid by the Government for architect-engineer services incident to development of the project. The Federal Housing Administration will authorize the inclusion of a sufficient amount in the Initial release of mortgage
roceeds to permit the sponsor to reim- urse the Government for this expense.2. Approval of plans by Federal Hous
ing Administration. The plans devel- Open will be approved by the FHA, which
358 NOTICES
will furnish to the Military Field Office an “Appraisal and Eligibility Statement,” FHA Form 3303, containing the information specified in paragraph 3-h below.
3. Invitations for proposals. Invitations for proposals will be issued from Military Field Officers to interested persons. The Invitation will state the following but not be limited thereto:
a. That proposals shall include submittal of FHA Form 2013-W completed in detail except for page 1.
b. That the approved rental schedule will be based upon a “net return” not exceeding 6V2% of the sponsor’s estimated replacement cost or the FHA estimate of replacement cost, whichever is the lesser. By “net return” is meant the amount after the provision for payment of all operating expenses, reserves and taxes, and vacancy allowance, but before payment of debt service.
c. That the maximum approved amount of insurable mortgage will in no event exceed 90% of the sponsor’s total estimated replacement cost stipulated in his proposal.
d. That the FHA will require escrow deposits or other satisfactory assurance of the mortgagor’s ability to complete the project, determined on the basis of the amount required to meet the difference between the mortgage amount and the FHA estimate of replacement cost or the mortgagor’s estimate of replacement cost stipulated in his proposal, whichever .is greater. Additional escrows will be required to cover off-site requirements and to provide initial working capital in the amount of IV2 percent of the mortgage.
e. That the sponsor selected will be required to reimburse the Government for the use of the plans and specifications in an amount equal to the amount paid by the Government for architect-engineer services incident to development of the project, and further will be required to pay the usual processing fees to FHA.
f. That the proposal of a sponsor which provides desired housing at the lowest bid replacement cost (Total Estimated Requirements, FHA Form 2013-W) will be selected. The sponsor selected will complete his arrangements with the Military Field Office for obtaining any lease, utilities sales contracts, or other written contracts involved in the project, will make arrangements for mortgage financing, and will submit to the FHA, through the mortgage, the required application for mortgage insurance with all of the required exhibits attached, including the proposed rent schedule and the certificate of the respective Secretary as to the need for the housing.
g. That the sponsor will submit with his proposal the name and business address of his principal contractor and the management firm. Any change in principal contractor or management firm will be subject to prior approval of the FHA and the using Service.
h. The Appraisal and Eligibility Statement information obtained from the FHA, including the FHA estimated total replacement cost, the maximum allowable insurable mortgage, the maximum allowable rental schedule, the percentage of assumed vacancies, the amount
of total operating expense and reserves for replacements per room per year included in the FHA maximum allowable rent, the estimate of real estate taxes (where applicable) and the equipment and service included in the rent will be made available to sponsors in order that they may know the factors which enter into the preparation and evaluation of proposals.
Invitations for proposals for housing projects to be located on sites purchased by the sponsor will state the following, in addition to the information above, but not be limited thereto:
a. That the Government has procured an assignable option for the purchase of the housing project site which will be assigned to the sponsor selected for exercise by him. The sponsor will be required to pay all costs incident to obtaining the site, including reimbursement to the Government of all amounts expended in connection with procurement of the option.
b. That the sponsor shall include in his total bid replacement cost (Total Estimated Requirements, FHA Form 2013-W) all costs to be incurred by the sponsor in acquiring the site, including the amount to be reimbursed to the Government for costs incurred by the Government incident to the procurement of the option for the site.
c. That the sponsor selected shall, within 15 calendar days after the date of notice of his selection or such longer period as may be granted, submit to the FHA, through the proposed mortgagee, the required application for mortgage insurance with all necesary exhibits a ttached, including the proposed rent schedule and the Certification of Need for Military Housing (FHA Form 3301) which has been furnished by the military department.
d. That if the sponsor selected fails to„.complete arrangements for mortgagefinancing and FHA insurance within the period of the FHA Commitment for Insurance (as it may be extended) /he will be required to reassign the said option to the Government or its designee, or, if the sponsor has already acquired title to the site, to convey the said site promptly to whomever the Government may designate, on condition that he shall be fully reimbursed by the grantee for the cost of the site, including option costs.
e. That, at or about the time of closing with the FHA, the sponsor selected will be required to enter into the Agreement, which, with its Exhibits A and B, is attached to and is made a part of this Invitation,1 and which, with Exhibits A and B, sets forth the mutual agreements between the sponsor (designated
• “Owner” in the Agreement) and the Government, and provides for the eventual acquisition by the Government, without cost of any kind to the Government, of all right, title, and interest in the housing project site and the improvements thereon.
f . That each proposal submitted shall contain a statement that the sponsor agrees to be bound by and to comply strictly with all thé terms and condi-
1 Filed as a part of the original document.
tions set forth in the Invitation, with its Attachments.
g. That each proposal shall include a statement as follows, with the appropriate box checked: “The bidder represents that he t 1 has, [ ] has not,employed or retained a company or person (other than a full-time employee) to solicit or secure his designation by theDepartment of th e ________ as sponsorof the housing project, and agrees to furnish information relating thereto as requested by the said Department.”
Copies of the plans for the housing project, and any lease, utility sales contract, or other agreement which the sponsor will be required to execute will be furnished with the invitation for proposals.
4. Selection of sponsor, a. The Military Field Qflfice will select the proposal which provides the desired housing at the lowest bid replacement cost, and will request certification to the FHA by the Secretary of the military department concerned.
b. The sponsor selected will be furnished the Certification of Need for Military Housing (FHA Form 3301) and will file his completed application for mortgage insurance on FHA Form 2013-W with the FHA insuring office, at which time the qualifications of the mortgagor will be examined.
c. If the sponsor so selected is not qualified, the Military Field Office will be so advised by the FHA, and the sponsor submitting the next higher proposal will file his application for mortgage insurance as outlined in step (b) above. The same procedure will be followed, if necessary, with other sponsors in order.
5. Inspection of construction and advances of mortgage proceeds. Inspection of construction will be made by the FHA in accordance with its normal procedures, and advances of mortgage proceeds during construction will be based on percentages of completion shown by these inspections.
6. Utilities and related services. Utilities and related services, if not otherwise available from local private or public sources, and the Government has facilities available, may be furnished by the Government on a reimbursable basis.
7. Eventual acquisition of project by the Government. Projects may be located either on sites owned by the Government and leased to the sponsor, or on sites purchased by the sponsor from a private party under an option obtained by the Government and assigned to the sponsor.
The lease executed in connection with a site owned by the Government will be for a term of seventy-five years but will provide further that the Government shall have the right, at its option, to terminate the lease and all rights of the lessee thereunder at any time after thirty-nine years from the date thereof, provided the FHA has certified that its Interest in the lease and in any mortgage on the leasehold interest, as insurer or otherwise, has been fully terminated. Upon expiration or termination of the lease, all improvements made upon the leased premises shall remain on the premises and be the property of the Government without compensation.
Saturday, January IS, 1951 FEDERAL REGISTER 359In connection with sites purchased by
the, sponsor, provision will be made by an Agreement entered into between the sponsor and the Government, at or about the time the FHA, insures a mortgage on the housing project, for the sponsor (or his successor or assignee) to convey the housing project (consisting of the site and the improvements thereon) to the Government, without cost of any kind to the Government, at the end of twenty years from the date of the Agreement. The conveyance may be made subject to the mortgage endorsed for insurance by the FHA at or about the date of the execution of the Agreement, or to any modification, renewal, extension or increase thereof or substitute mortgage therefor while* insured or held by the FHA. In return the Government will agree to lease the housing project back to the sponsor, at a total rent of one dollar ($1.00.), for a period of fifty-five years, said lease to be subordinate to any mortgage on the housing project, as described above., Such lease will provide that the Government shall have the right, at its option, to terminate the lease, and all rights of the lessee thereunder, at any time after nineteen years from the date thereof, provided the FHA has certified that its interest in the lease and in any mortgage on the housing project, as described above, as insurer, holder, or otherwise, • has been fully terminated. All improvements to the housing project shall remain on the premises as the property of the Government without compensation.
8. Additional information. Additional information concerning the above instructions may be obtained from local Army installations, and from Army Area Headquarters, Offices of the Division Engineer, Corps of Engineers, U. S. Army, and District Public Works Offices, Bureau of Yards and Docks, Navy Headquarters, at the locations listed below. Copies of the lease, utilities sales contract, or other agreement which the sponsor will be required to execute are available for inspection at such activities and have been filed with the original of this notice.
Army Area Headquarters. Fort Jay, Governors Island, New York; Fort Meade, Maryland; Fort McPherson, Georgia; Fort Sam Houston, Texas; Chicago, Illinois; The Presidio, San Francisco, California.
Offices of the Division Engineer, Corps of Engineers, U. S. A. Boston, Massachusetts; New York, New York; Atlanta, Georgia; Chicago, Illinois; Omaha, Nebraska; Dallas, Texas; Oakland, California; Portland, Oregon.
District Public Works Offices, Bureau of Yards and Docks, Navy. Headquarters. Boston, Massachusetts; New York City; Philadelphia, Pennsylvania; Norfolk, Virginia; Charleston, South Carolina; New Orleans, Louisiana; Great Lakes, Illinois; San Juan, Puerto Rico; San Diego, California; San Francisco, California; Seattle, Washington;' Pearl Harbor, Hawaii; Balboa, Canal Zone; Kodiak, Alaska; Naval Academy, Annapolis, Maryland; Naval Gun Factory, Washington,
W. J. McNeil, * Assistant Secretary of Defense.
January 8, 1951.[F. R. Doc. 51-572; Filed, Jan. 12, 1951»
8:54 a. m.]
DEPARTMENT OF THE INTERIORBureau of Land Management
Nevada
CLASSIFICATION ORDER
December 22, 1950.1. Pursuant to the authority delegated
to me by the Director, Bureau of Land Management, by Order No. 427 dated August 16, 1950, I hereby classify under the Small Tract Act of June 1, 1938 (52 Stat. 609), as amended July 14, 1945 (59 Stat. 467, 43 U. S. C. section 682a), as hereinafter indicated, the following described land in the Nevada land district, embracing approximately 60 acres, Nevada Small Tract Classification No. 64
For lease only for home and business sites:T. 27 S., R. 59 E., M. D. M., Sec. 8, NW^NE^
and E y2 NE *4 NW>/4The lands are situated in Clark County,
Nevada, and lie along U. S. Highway 91, the main highway from Los Angeles, California, to Las Vegas, Nevada. The nearest town that has all of the usual community services is Las Vegas, Nevada, about 40 miles distant. The area is one that is used extensively for health and recreational purposes. Also lands along the main highway are in demand for business site purposes.
2. As to applications regularly filed prior to 10:00 a. m., October 23,1950, and are for the type of site for which the land is classified, this order shall become effective upon the date it is signed.
3. As to the land not covered by applications referred to in paragraph 2, this order shall not become effective to permit ¡leasing under the Small Tract Act until 10:00 a. m., February 23, 1951. At that time such land shall, subject to valid existing rights, become subject to application as follows:
(a) Ninety-day preference period for qualified veterans of World War II from 10:00 a. m., February 23, 1951, to close of business on May 24, 1951.
(b) Advance period for veterans’ simultaneous filings from 10:00 a. m., October 23, 1950, to 10:00 a. m., February 23, 1951.
4. Any of the land remaining unappropriated shall become subject to application under the Small Tract Act by the public generally, commencing a t 10:00 a. m., May 25, 1951.
(a) Advance period for simultaneous nonpreference filings from 10:00 a. m., October 23, 1950, to 10:00 a. m., May 25, 1951.
5. Applications filed within the periods mentioned in paragraphs 3 (b) and 4 (a) will be treated as simultaneously filed.
A veteran shall accompany his application with a complete photostatic, or other copy (both sides), of his certificate of honorable discharge, or of an official document of his branch of the service which shows clearly his honorable discharge as defined in § 181.36 of Title 43 of the Code of Federal Regulations, or constitutes evidence of other facts upon which the claim for preference is based and which shows clearly the period of service. - Other persons claiming credit for service of veterans
must furnish like proof in support of their claims. Persons asserting preference rights, through settlement or otherwise, and those having equitable claims, shall accompany their application by duly corroborated statements in support thereof, setting forth in detail all facts relevant to their claims.
6. Because of the State Highway right-of-way that traverses the lands, the tracts will be leased to extend east and west except in the EV2E V2NW a/4NE *4 and Wi4E^NEi4NW/4 where they will extend north and south, each being approximately 330 by 660 feet, containing approximately 5 acres.
7. Preference right leases referred to in paragraph 2 will be issued for the land described in the application irrespective of the direction of the tract, provided the tract conforms to or is made to conform to the area and the dimension specified in paragraph 6.
8. Where only one 5-acre tract in a 10- acre subdivision is embraced in a preference right application, an application for the remaining 5-acre tract extending in the same direction will be accepted in order to fill out the subdivision notwithstanding the direction specified in paragraph 6.
9. Leases will be for a period of five years at an annual rental of $5.00 payable for the entire lease period in advance of the issuance of the lease. Leases will contain an option to purchase clause at the appraised value of $20.00 per acre, application for which may be filed at or after the expiration of one year from date the lease is issued.
10. Tracts will be subject to a State Highway right-of-way that extends north and south through the NW% NEJA and to all other existing rights-of- way, and will also be subject to rights-of- way not exceeding 33 feet in width along or near the edges thereof for road purposes and public utilities. Such rights- of-way may be utilized by the Federal Government, or the State, County or municipality in which the tract, is situated, or by any agency thereof. The rights- of-way may, in the discretion of the authorized officer of the Bureau of Land Management, be definitely located prior to the issuance of the patent. If not so located, they may be subject to location after patent is issued.
11. All inquiries relating to these lands should be addressed to the Manager, Nevada Land and Survey Office, Reno, Nevada.
L. T. Hoffman, Regional Administrator.
[F. R. Doc. 51-589; Filed, Jan. 12, 1951;8:49 a. m.]
DEPARTMENT OF COMMERCEOffice of the Secretary
Civil Aeronautics Administrator
DELEGATION OF AUTHORITY W ITH RESPECT TO DEVELOPMENT OF IMPROVED TRANSPORT AIRCRAFT
Effective December 11, 1950, the Administrator of Civil Aeronautics was authorized to perform the functions assigned. to the Secretary of Commerce by Public Law 867, 81st Congress, an act to
360 NOTICES
promote the development of improved transport aircraft by providing for the operation, testing, and modification thereof. The Administrator was further authorized to redelegate this authority.
The functions assigned to the Administrator of Civil Aeronautics will be performed in accordance with any pertinent policies and instructions issued by the Secretary of Commerce or his designees. (R. S. 161; 5 U. S. C. 22; and Reorg. Plan. No. 5 of 1950)
[seal! Charles Sawyer,Secretary of Commerce.
[F. R. Doc. 51-583; Filed, Jan. 12, 1951; 8:47 a. m.]
T emporary D elegations op Authority Under R eorganization Plan No. 21 op 1950
CorrectionIn P. R. Document 50-7465, appearing
in the issue for Friday, August 25, 1950, on page 5711, the heading should be corrected to read as set forth above. %
CIVIL AERONAUTICS BOARD[Docket No. 4586]
West Coast Common Pares Case notice op hearing
Notice is hereby given that the hearing in the above-entitled proceeding, hereinbefore indefinitely postponed, is assigned to be held on February 7, 1951 at 10:00 a. m., e. s. t., in Room E-214, Temporary Building No. 5, Sixteenth Street and Constitution Avenue NW., Washington, D. C., before Examiner F. Merritt Ruhlen.
Dated at Washington, D. C., January 9, 1951.
By the Civil Aeronautics Board.[seal] M. C. Mulligan,
Secretary.[F. R. Doc. 51-574; Filed, Jan. 12, 1951;
8:45 a. m.]
FEDERAL COMMUNICATIONS COMMISSION[Docket No. 9801]
Charles H. Chamberlain ORDER CONTINUING HEARING
In re application of Charles H. Chamberlain, Bellefontaine, Ohio, Docket No. 9801, File No. BP-7675; for construction permit.
The Commission having under consideration a petition filed on December 28,1950, by Charles H. Chamberlain, requesting that the hearing in the above- entitled matter, now scheduled to begin on January 3, 1951, be continued to an indefinite date; and
It appearing, that all counsel to this proceeding have consented to a waiver of the four-day requirement of § 1.745 of the Commission’s rules and regulations, so as to permit immediate consideration of this petition and have consented to a grant of the petition;
It is ordered, This 2d day of January1951, that the petition of Charles H.
Chamberlain for a continuance of the hearing herein, is hereby granted, and the hearing in this matter, is hereby continued indefinitely.
F ederal Communications Commission,
[seal] T. J. Slowie,Secretary.
[F. R. Doc. 51-590; Filed, Jan. 12, 1951; 8:49 a. m.]
FEDERAL POWER COMMISSION[Docket No. G-730]
Southern Natural Gas Co.ORDER AMENDING ORDER FIXING DATE OP
HEARINGJanuary 9, 1951.
On January 4, 1951, Southern Natural Gas Company (Applicant) filed with the Commission in the above-entitled proceeding, a petition for amendment of the Commission’s order of December 18,1950, herein, to provide that the hearing to be held pursuant thereto, commencing on January 22,1951, be conducted under the shortened procedure provided for by § 1.32 (b) of the Commission’s rules of practice and procedure (18 CFR 1.32 (b)).
The Commission finds:( 1 ) This proceeding is a proper one for
disposition under the provisions of the aforesaid § 1.32 (b) of the Commission’s rules of practice and procedure, Applicant having requested that its amended application of September 25, 1950, be heard under the shortened procedure provided by the aroresaid rule for non- contested proceedings, and no request to be heard, protest or petition having, been filed subsequent to the giving of due notice of the filing of the said application, including publication in the Federal Register on October 26,1950 (15 F. R. 7195).
(2) Good cause exists for amending the Commission’s order of December 18, 1950, as hereinafter ordered.
The Commission orders: Paragraph (A) of the order entered herein on December 18, 1950« be and the same is hereby amended to read as follows :
(A) Pursuant to authority contained 111 and subject to the jurisdiction conferred upon the Federal Power Commission by sections 7 and 15 of the Natural Gas Act, as amended, and the Commission’s rules of practice and procedure, a hearing be held on January 22, 1951, at 10:00 a. m. e. s. t. in the Hearing Room of the Federal Power Commission; 1800 Pennsylvania Avenue NW., Washington, D. C., concerning the matters involved and the issues presented by such application: Provided, however, That the Commission may, after noncontested hearing, forthwith dispose of the proceeding pursuant to the provisions of § 1.32 (b) of the Commission’s rules of practice and procedure. *
Date of issuance: January 10, 1951.By the Commission.[seal] Leon M. Fuquay.
Secretary.[F. R. Doc. 51-579; Filed, Jan. 12, 1951*
8:46 a. m.j
[Docket No. G-1405]
Mercer Gas Light and Fuel Co.
ORDER FIXING DATE OF HEARINGJanuary 9, 1951.
On June 5,1950, Mercer Gas Light-and Fuel Company (Applicant), filed an application pursuant to section 7 (a) of the Natural Gas Act, for an order requiring the establishment of a physical connection with the transmission facilities of the Tennessee Gas Transmission Company (Tennessee Gas) and the sale of natural gas by Tennessee Gas to. Applicant.
On June 13, 1950, Teiinessee Gas filed its answer alleging, among other things, that the segment of its pipeline located near Mercer, Pennsylvania, is now under construction pursuant to authority granted Tennessee Gas in Docket No. G- 962; that Applicant was not a party in the proceedings in Docket No. G-962; that the facilities to be constructed pursuant to authority sought in Docket No. 0-1248 involves only additions to its pipeline system as previously authorized. I t is further alleged that Tennessee Gas has entered into a contract with United Natural Gas Company for service of up to 10,000 Mcf of natural gas per day; that this contract was offered in evidence in the proceedings in Docket No. G-962 and that service under this contract was authorized in Docket No. G-962; that Tennessee Gas intends to fully perform under its contract with United Natural and that it is opposed to the issuance of the order requested by Applicant.
The Commission orders:(A) Pursuant to the authority con
tained in and subject to the jurisdiction conferred upon the Federal Power Commission by sections 7 (a) and 15 of the Natural Gas Act, and the Commission’s rules of practice and procedure, a public hearing be held on January 25, 1951, at 10:00 a. m., e. s. t., in the Hearing Room of the Federal Power Commission, 1800 Pennsylvania Avenue NW., Washington, D. C., concerning the matters involved and the issues presented by the application and other pleadings in this proceeding.
(B) Interested State Commissions may participate as provided by §§ 1.8 and 1.37 (f) (18 CFR 1.8 and 1.37 (f)) of the Commission’s rules of practice and procedure.. Date of issuance: January 10, 1951.
By the Commission.[seal] Leon M. F uquay,
Secretary.[F. R. Doc. 51-580; Filed, Jan. 12, 1951;
8:47 a. m.]
[Docket No. G-1498]Texas Eastern Transmission Corp. and
Mississippi River F uel Corp.ORDER FIXING DATE OF HEARING
January 9,1951.On September 28, 1950, Texas Eastern
Transmission Corporation (Texas Eastern), a Delaware corporation with its principal office at Commerce Building,
Saturday, January IS, 1951
Shreveport, Louisiana, and Mississippi River Fuel Corporation (Mississippi), a Delaware corporation having its principal office at 407 N. Eighth Street, St. Louis, Missouri, filed an application pursuant to section 7 of the Natural Gas
^Act, as amended, for a certificate of public convenience and necessity authorizing an exchange of natural gas between the two companies during temporary periods of emergency on either system and the construction of an interconnection and metering facilities at a point near Bald Knob, Arkansas, all as more fully described in the application on fije with the Commission and subject to public inspection. An amended application was filed on December 11, 1950.
The Commission finds: This proceeding is a proper one for disposition under the provisions of § 1.32 (b) (18 CFR 1.32 (b)) of the Commission’s rules of practice and procedure, Applicant having requested that its application be heard under the shortened procedure provided by the aforesaid rule for non-contested proceedings, and no request to be heard, protest or petition having been filed subsequent to the giving of due notice of the filing of the application, including publication in the F ederal R egister on October 19, 1950 (15 F. R. 6999).
The Commission orders:(A) Pursuant to the authority con
tained in and subject to the jurisdiction conferred upon the Federal Power Commission by sections 7 and 15 of the Natural Gas Act, as amended, and the Commission's Rules of Practice and Procedure, a hearing be held on February 8, 1951, at 9:45 -a. m., e. s. t., in the Hearing Room of the Federal Power Commission, 1800 Pennsylvania Avenue N̂ V., Washington, D. C., concerning the matters involved and the issues presented by such application; Provided, however, That the Commission may, after a non- contested hearing, forthwith dispose of the proceeding pursuant to the provisions of § 1.32 (b) of the Commission’s rules of practice and procedure.
(B) Interested State commissions may participate as provided by §§ 1.8 and 1.37 (f) [18 CFR 1.8 and 1.37 (f) 1 of the said rules of practice and procedure.
Date of issuance: January 10,1951.By the Commission.[seal] Leon M. Fuqua y,
Secretary.[P. R. Doc. 51-581; Filed, Jan. 12, 1951;
8:47 a. m.]
[Project No. 2039]Delaware River Development Corp.
ORDER FIXING HEARING
January 9,1951.On January 16, 1950, The Delaware
River Development Corporation of New York City filed application ior preliminary permit under the Federal Power Act for a proposed hydroelectric development on the Delaware River (Project No. 2039) in Sussex and Warren Counties, New Jersey; Monroe, Northampton and Pike Counties, Pennsylvania; and Orange County, New York.
No. 9—. 4
FEDERAL REGISTER
The proposed project would consist of: (1) A dam at the Tocks Island site approximately 10.5 miles below the mouth of Bushkill Creek, a reservoir having a usable storage capacity of about 537,900 acre-feet, and a powerhouse with installed capacity of 150,000 horsepower;(2) a dam at the Belvidere site about 1 mile above the highway bridge at Belvidere, New Jersey, a reservoir having a usable storage capacity of about 16,900 acre-feet, and a powerhouse with installed capacity of 72,000 horsepower;(3) a dam at the Chestnut Hill site approximately 2.43 miles above the highway bridge between Easton, Pennsylvania and Phillipsburg, New Jersey, a reservoir having a usable storage capacity of about 3,900 acre-feet, and a powerhouse with installed capacity of 60,000 horsepower; and (4 )v transmission lines and other appurtenant facilities.
Public notice of the filing of the application has been given.
The proposed project as described above would conflict with proposed Project No. 2034, application for license for which was filed October 18, 1949, by The Electric Power Company of New Jersey, Inc. However, that application is incomplete in that it fails to show the requisite financial ability to construct the project or a plan of financing construction which appears reasonably certain of success. For that reason, the applicant in that proceeding was given a period of sixty days from April, 6,1950, to submit a, reasonable plan of financing, which period, by virtue of extensions granted, will expire on February 2, 1951.
By letter dated October 30, 1950, the applicant for Project No. 2039 has requested an early disposition of its pending application for permit by hearing or otherwise, advising that under its charter work must commence on the project within two years from the date of applicant’s incorporation, which would be on or before January 16,1952, or it would lose its charter.
Numerous protests against the application in Project No. 2039 have been received from State and county agencies, States, an interstate commission, and local associations and individuals.
The Commission finds: It is in the public interest to hold a public hearing on the aforementioned application for preliminary permit for proposed Project No. 2039.
The Commission orders:(A) Pursuant to the authority con
tained in and subject to the jurisdiction conferred upon the Commission by the Federal Power Act, particularly sections 4, 6, and 308 thereof, and the Commission’s rules of practice and procedure (in force January 1, 1948, as amended and supplemented), a public hearing be held on the 12th day of February, 1951, at 10:00 a. m. e. s. t., in the Hearing Room of the Commission, 12th Floor, 1800 Pennsylvania Avenue NW., Washington, D. C.
(B) As provided in Rule 30 (18 CFR 1.30) of the Commission’s rules of practice and procedure, the officer hereafter designated to preside at the hearing shall certify the record of the hearing, including his report thereon, to the Commission for its decision and the presiding
361
officer’s report shall constitute 8 recommended decision. ^
Date of issuance: January 10, 1951. By the Commission. ^[seal] Leon M. F uquay.
Secretary.[F. R. Doc. 51-578; Filed, Jan. 12, 1951;
8:46 a. m.]
HOUSING AND HOME FINANCE AGENCY
Federal Housing Administration F ield Organization
The following entries in section 22 (b) (5) are amended thus:
1. Delete the address, “Marott Building, 342 Massachusetts Avenue,” opposite “Indianapolis 4, Indiana” and substitute therefor the following address: “Room 230, Century Building, 36 South Pennsylvania Street, Indianapolis 9.”
2. Delete the address, "1529 Grand Central Avenue,” opposite “Tampa, Florida” and substitute therefor the following address : “Professional Arts Building, 420 West Lafayette Street.”
3. Delete the address, “Horner Building, 1015 Fourteenth Street NW.,” opposite “District of Columbia” and substitute therefor the following address: “Third Floor, Cafritz Building, 1625 Eye Street NW.”
4. Delete the address, “205 Milam Street,” opposite “Shreveport, Louisiana” and substitute therefor the following act- dress: “627 Spring Street.”
Vincent A. Carlin, Director,
Administrative Services.[F. R. Doc. 51-575; Filed, Jan. 12, 1951;
8:45 a. m.]
SECURITIES AND EXCHANGE COMMISSION
[File No. 7-1273]. National Airlines, Inc. ,
NOTICE OF APPLICATION FOR UNLISTED TRADING PRIVILEGES, AND OF OPPORTUNITY FOR HEARING
At a regular session of the Securities and Exchange Commission, held at its office in the city of Washington, D. C., on the 9th day of January A. D. 1951.
The Philadelphia-Baltimore Stock Exchange, pursuant to section 12 (f) (2) of the Securities Exchange Act of 1934 and Rule X-12F-1 thereunder, has made application for unlisted trading privileges in the Common Stock, $1 Par Value, of National Airlines, Incorporated, a security listed and registered on the New York Stock Exchange. Rule X-12F-1 provides that the applicant shall furnish a copy of the application to the issuer and to every exchange on which the security is listed or already admitted to unlisted trading privileges. The application is available for public inspection at the Commission’s principal office in Washington, D. C.
Notice is hereby given that, upon request of any interested person received
362
prior to February 6,1951, the Commission will set this metier down for hearing. In addition, any interested person may submit his views or any additional facts bearing on this application by means of a letter addressed to the Secretary of the Securities and Exchange Commission, Washington, D. C. If no one requests a hearing on this matter .this application will be determined by order of the Commission on the basis of the facts stated in the application, and other information contained in the official file of the Commission pertaining to this matter.
By the Commission.[SEAL] ORVAL L. DUBOIS,
Secretary.[F. R. Doc. 51-576; Filed, Jan. 12, 1951;
8:46 a. m.]
[File No. 7-2539]American Gas and Electric Co. and
American Gas and Electric Service CCRP.
NOTICE OP FILING
At a regular session of the Securities and Exchange Commission, held at its office in the city of Washington, D. C., on the 9th day of January A. D. 1951.
Notice is hereby given that American Gas and Electric Company (“American Gas”), a registered holding company, and American Gas and Electric Service Corporation (“Service Corporation”), a wholly owned service company subsidiary of American Gas, have filed a joint application-declaration pursuant to the Public Utility Holding Company Act of 1935, and have designated sections 7 and 10 thereof as applicable to the transactions proposed therein which are summarized as follows:
Service Corporation has authorized 10,000 shares of its $100 par value common capital stock, of which 7,850 shares are issued and outstanding, all of which are owned by American Gas. Service Corporation proposes to issue and sell to American Gas, and American Gas proposes to acquire, 2,150 shares of common capital stock of Service Corporation, for an aggregate cash consideration of $215,000. The application-declaration states that the proceeds from the proposed sale of stock will be used by Service Corporation to purchase and install a 480 cycle A-C Network Analyzer (calculating board), estimated to cost approximately $217,500.
Notice is further given that any interested person may not later than January 19,1951, at 11:30 a. m., e. s. t., request the Commission in writing that a hearing be held on such matter stating the nature of his interest, the reasons for such request and the issues, if any, of fact or law raised by said application- declaration which he desires to controvert, or may request that he be notified if the Commission should order a hearing thereon. Any such request should be addressed : Secretary, Securities and Exchange Commission, 425 Second Street NW„ Washington 25, D. C. At any time after 11:30 a. m., e. s. t., January 19,1951, said application-declaration as filed, or
NOTICES
as amended, may be granted and permitted to become effective as provided in Rule U-23 of the rules and regulations promulgated under said act, or the Commission may exempt such transactions as provided in Rule U-20 (a) and Rule U-100 thereof. All interested persons are referred to said application-declaration which is on file with this Commission for a statement oï the transactions therein proposed.
By the Commission.[ seal] Orval L. D uB ois,
Secretary.[F. R. Doc. 51-577; Filed, Jan. 12, 1851;
8:46 a. m.]
DEPARTMENT OF JUSTICEOffice of Alien Property
Au t h o r it y : 40 Stat. 411, 55 Stat. 839, Pub. Laws 322, 671, 79th Cong., 60 Stat. 50, 925; 50 U. S. C. and Supp. App. 1, 616; E. O. 9193, July 6, 1942, 3 CFR, Cum. Supp., E. O. 9567, June 8, 1945, 3 CFR, 1945 Supp., E. O. 9788, Oct. 14, 1946, 11 F. R. 11981.
[Vesting Order 16805]Henrietta and George S chmidt
In re: Rights of Henrietta Schmidt and George Schmidt under contract of insurance. File No. F-28-24448-H-1.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Henrietta Schmidt and George Schmidt, whose last known address is Germany, are residents of Germany and nationals of a designated enemy country (Germany);
2. That the net proceeds due or to become due under a contract of insurance evidenced by Policy No. 4 989 852 issued by the Metropolitan Life Insurance Company, New York, New York, to Henrietta Schmidt, and any and all other benefits and rights of any kind or character whatsoever under or arising out of said contract of insurance except those of the aforesaid Metropolitan Life Insurance Company, together with the right to demand, enforce, receive and collect the same is property within the United States owned or controlled by, payable or deliverable to, held on behalf of, or on account of, or owing to, or which is evidence of ownership or control by Henrietta Schmidt or George Schmidt, the aforesaid nationals of a designated enemy country (Germany);and it is hereby determined:
3. That to the extent that the persons named in subparagraph 1 hereof are not within a designated enemy country, the national interest of the United States requires that such persons be treated as nationals of a designated enemy country (Germany).
All determinations and all a'ction required by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used.
administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended. *
Executed at Washington, D. C., on December 27, 1950.
For the Attorney General.[seal] Harold I. Baynton,
Assistant Attorney General, Director, Office of Alien Property.
[F. R. Doc. 51-565; Filed, Jan. 11, 1951; 9:C2 a. in.]
[Vesting Order 16691]
Captain Carl Moller and Frau Carl Moller
In re: Stock owned by Captain Carl Moller and Frau Carl Moller. F-28- 25858-D-l.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to layj, after investigation, it is hereby found:
1. That Captain Carl Moller and Frau Carl Moller, whose last known address is 12 Nissen Strasse, Hamburg, Germany, are residents of Germany and nationals of a designated enemy country (Germany) ;
2. That the property described as follows: All rights and interests, evidenced or represented by American Depositary Receipts, issued by Guaranty Trust Company of New York, 140 Broadway, New York, New York, for five (5) shares of one (1) pound par value Ordinary Registered Capital Stock of Ford Motor Company, Limited, London, England, numbered O. F. 35649 and registered in the names of Captain Carl Moller & Frau, together with all declared and unpaid dividends thereon,is property within the United States owned or controlled by, payable or deliverable to, held on behalf of or on account of, or owing to, or which is evidence of ownership or control by, the aforesaid nationals of a designated enemy country (Germany);and it is hereby determined:
3. That to the extent that the persons named in subparagraph 1 hereof are not within a designated enemy country, the national interest of the United States requires that such persons be treated as nationals of a designated enemy country .(Germany).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
Saturday, January 13, 1951 FEDERAL REGISTER 363
The terms “national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 21, 1950.
For the Attorney General.[seal] Harold I. Baynton,
Assistant Attorney General, Director, Office of Alien Property.
[P. R. Doc. 51-566; Piled, Jan. 11, 1951} 9:02 a. m.]
[Vesting Order 15583, Amdt.]
Yasu Usami
In re : Estate of Yasu Usami, deceased. File D-39-1522. E. T. sec. 3334.
Vesting Order 15583, dated November 9, 1950, is hereby amended as follows and not otherwise: “By deleting the name cf Shinsaku Usami, appearing in subparagraph 1 of said Vesting Order 15583, and substituting therefor the name of Shinsaku Mizui.”
All other provisions of said Vesting Order 15583 and all actions taken by or on behalf of the Attorney General of the United States in reliance thereon, pursuant thereto and under the authority thereof are hereby ratified and confirmed.
Executed at Washington, D. C., on December 19, 1950.
For the Attorney General.[seal] * Harold I. Baynton,
Assistant Attorney General, Director, Office of Alien Property.
[P. R. Doc. 61-567; Filed, Jan. 11, 1951} 9:02 a. m.j
[Vesting Order 16442}
Mitstjji Takatsuka et al.
In re: Rights of Mitsuji Takatsuka et al. under insurance contract. File No. F-39-931-H-1.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found}
1. That Mitsuji Takatsuka and Juichi Takatsuka, whose last known address is Japan, are residents of Japan and nationals of a designated enemy country (Japan);
2. That the net proceeds due or to become due under a contract of insurance evidenced by policy No. 7783503, issued by the New York Life Insurance Company, New York, New York, to Mitsuji Takatsuka, together with the right to demand, receive and collect said net pro# ceeds, is property within the United States owned or controlled by, payable or deliverable to, held on behalf of or on Account of, or owing to, or which is evidence of ownership or control by, Mitsuji Takatsuka or Juichi Takatsuka, the aforesaid nationals of a designated enemy country (Japan);
and it is hereby determined:3. That to the extent that the persons
named in subparagraph 1 hereof are not within,^, designated enemy country, the national interest of the United States requires that such persons be treated as nationals of a designated enemy country (Japan).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest,
There is hereby vested In the Attorney General of the United States the property described above, to be heid, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 13, 1950.
For the Attorney General.[seal] Harold I. Baynton,
Assistant Attorney General, Director, Office of Alien Property.
[P. R. Doc. 61-592; Piled, Jan. 12. 1951;8:49 a. m.J
[Vesting Order 16443}K esajiro and Iso T amate
In re : Rights of Kesajiro Tamate and Iso Tamate under an insurance contract. File No. F-39-4531—H-l.
Under the authority 61 the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Kesajiro Tamate and Iso Tamate, whose last known address is Japan, are residents of Japan and nationals of a designated enemy country (Japan).;
2. That the net proceeds due or to become due under a contract of insurance evidenced by Policy No. 9289174 issued by The New York Life Insurance Company, New York, New York, to Kesajiro Tamate, together with the right to demand, receive and collect said net proceeds, is property within the United States owned or controlled by, payable or deliverable to, held on behalf of or on account of, or owing to, or which is evidence of ownership or control by Kesajiro Tamate or Iso Tamate, the aforesaid nationals of a designated enemy country (Japan)}and it is hereby determined:
3. That to the extent that the persons named in subparagraph 1 hereof are not within a designated enemy country, the national interest of the United States requires that such persons be treated as nationals of a designated enemy country [(Japan).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being deemed
~ necessary in the national interest,There is hereby vested in the Attorney
General of the United States the prop
erty described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States., The terms “national” and “designated
enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C„ on December 13, 1950.
For the Attorney General.[ seal] Harold I. B aynton,
Assistant Attorney General, Director, Office of Alien Property.
[P. R. Doc. 51-593; Filed, Jan. 12, 1951;8:49 a. m.]
[Vesting Order 16445}Mrs Shizi Tatsutani et al.
In re: Rights of Mrs. Shizi Tatsutani et al. under insurance contract?. File NO.F-39-5945-H-1.
tinder the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Mrs. Shizi Tatsutani, whose last known address is Japan, is a resident of Japan and a national of a designated enemy country (Japan);
2. That the domiciliary personal representatives, heirs, next of kin, legatees and distributees, names unknown, of Fumio Tatsutani, deceased, and the domiciliary personal representatives, heirs, next of kin, legatees and distributees, names unknown, of Genjin Tatsutani, deceased, who there is reasonable cause to believe are residents of Japan, are nationals of a designated enemy country (Japan);
3. That the net proceeds due or to become due under a contract of insurance evidenced by policy No. 515 722, issued by the Manufacturers Life Insurance Company, Toronto, Canada, to Fumio Tatsutani, together with the right to demand, receive and collect said net proceeds (including without limitation the right to proceed for collection against branch offices and legal reserves maintained in the United States), is property within the United States owned or controlled by, payable or deliverable to, held on behalf of, or on account of, or owing to,, or which is evidence of ownership or control by, Mrs. Shizi Tatsutani and the domiciliary personal representatives, heirs, next of kin, legatees and distributees, names unknown, of Fumio Tatsutani, deceased, or the domiciliary personal representatives, heirs, next of kin, legatees and distributees, names unknown, of Genjin Tatsutani, deceased, the aforesaid nationals of a designated enemy country (Japan);and it is hereby determined:
4. That to the extent that the person Jiamed in subparagraph 1 hereof, and the domiciliary personal representatives, heirs, next of kin, legatees and distributees, names unknown, of Fumio Tatsutani, deceased, and the domiciliary personal representatives, heirs, next of kin, legatees and distributees, names un-
364 NOTICES
known, of Genjin Tatsutani, deceased, are not within a designated enemy country, the national interest of the United States requires that such persons be treated as nationals of a designated enemy country (Japan).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 13, 1950.
For the Attorney General.[seal] Harold I. B aynton,
Assistant Attorney General, Director, Office of Alien Property.
[F. R. Doc. 51-594; Filed, Jan. 12, 1951;8:49 a. m.]
[Vesting Order 16447J Emma Theiss et al.
In re: Rights of Emma Theiss, et al., under an insurance contract. File No. F-28-26614-H-1.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Emma Theiss land Karl Heintz Otto Theiss, whose last known address is Japan, are residents of Japan and nationals of a designated enemy country (JapanX;
2. That the net proceeds due or to become due under a contract of insurance evidenced by Pqlicy No. 207031 issued by the West Coast Life Insurance Company, San Francisco, California, to Karl Maximilian Walter Theiss, together with the right to demand, receive and collect said net proceeds is property within the United .States owned or controlled by, payable or deliverable to, held on behalf of, or on account of, or owing to, or which is evidence of ownership or control by Emma Theiss or Karl Heintz Otto Theiss, the aforesaid nationals of a designated enemy country (Japan);and it is hereby determined:
3. That to the extent that the persons named in subparagraph 1 hereof are not within a designated enemy country, the national interest of the United States requires that such persons be treated a3 nationals of a designated enemy country (Japan).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States. .
The terms “national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 13, 1950.
For the Attorney General.[seal] Harold I. B aynton,
Assistant Attorney General, Director, Office of Alien Property.
[F. R. Doc. 51-595; Filed, Jan. 12, 1951;8:50 a. m.]
[Vesting Order 16457]Tetsuo Watantjki et al.
In re: Rights of Tetsuo Watanuki et al. under an instalment certificate. File . No. F-39-1558-H-1.
Under the authority of the Trading With the Enemy Act, aS amended, Executive Order 9193, as amended, and . Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Tetsuo Watanuki, whose last ~ known address is Japan, is a resident of Japan and a national of a designated eneihy country (Japan);
2. That the.domiciliary personal representatives, heirs at law, next of kin, legatees* and distributees, names unknown, of Tetsuo Watanuki, who there is reasonable cause to believe are residents of Japan, are nationals of a designated enemy country (Japan);
3. That the net proceeds due or to become due under a contract of insurance evidenced by Instalment Certificate No. 9279, issued by the New England Mutual Life Insurance Company, Boston, Massachusetts, to Tetsuo Watanuki, together with the right to demand, receive and collect said net proceeds, is property within the Uni ted.States owned or controlled by, payable or deliverable to, held on behalf of, or on account of, or owing to, or which is evidence of ownership or control by Tetsuo Wata- • nuki or the domiciliary personal repre- - sentatives, heirs at law, next of kin, legatees and distributees, names un- '• known, of Tetsuo Watanuki, the aforesaid nationals of a designated enemy country (Japan);and it is hereby determined:
4. That to the extent that the person named in subparagraph 1 hereof and * the domiciliary personal representatives, heirs at law, next of kin, legatees and distributees, names unknown, of Tetsuo Watanuki, are not w it h in a designated enemy country, the national interest of the United States requires that such persons be treated as nationals of a designated enemy country (Japan).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being
deemed necessary in the national interest, .
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on 13, 1950.
For the Attorney General.[seal] Harold'I . B aynton,
Assistant Attorney General, Director, Office of Alien Property.
[F. R. Doc. 51-597; Filed, Jan. 12, 1951;8:50 a. m.]
[Vesting Order 16453]
SUM IRE UCHIMTJRA
In re: Rights of Sumire Uchimura under insurance contracts. Files Nos. F-39- 4867-H-l and H-2.
Under the authority of the Trading With the Enemy Act, as amended. Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Sumire Uchimura, whose last known address is Japan, is a resident of Japan and a national of a designated, enemy country (Japan);
2. That the net process due or to become due under contracts of insurance evidenced by policies Nos. 32,898,185 and 32,898,186 issued by the Metropolitan Life Insurance Company, One Madison Avenue, New York 10, New York, to Sumire Uchimura, together^ with the right to demand, receive and collect said net proceeds,is property within (.he United States owned or controlled by, payable or deliverable to, held on behalf of, o rson account of, or owing to, or which is evidence. of ownership or control by, the aforesaid national of a designated enemy country ( Japan);and it is hereby determined:
3. That to the extent that the person named in subparagraph 1 hereof is not within a designated enemy country, the national interest of the United States requires that such person be treated as a national of a designated enemy country (Japan).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and it being deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national" and “designated enemy country” as used herein shall have
Saturday, January IS, 1951 FEDERAL REGISTER 365
the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 13, 1950.
For the Attorney General.[seal] Harold I. Baynton,
Assistant Attorney General, Director, Office of Alien Property.
[F. R. Doc. 51-596; Filed, Jan. 12, 1951; 8:50 a. m.]
[Vesting Order 16459]
Enichi and Matstjyo Yamao
In re; Rights of Enichi Yamao and Matsuyo Yamao under an insurance contract. File No. F-39-4564-H-1.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Enichi Yamao and Matsuyo* Yamao, whose last known address is Japan, are residents of Japan and nationals of a designated enemy country (Japan);.. 2. That the net proceeds due or to become due under a contract of insurance evidenced by Policy No. 8537737 issued by the New York Life Insurance Company, New York, New York, to Enichi Yamao, together with the right to demand, receive and collect said net proceeds, is property within the United States owned or controlled by, payable or deliverable to, held on behalf of or on account of, or owing to, or which is evidence of ownership or control by Enichi Yamao or Matsuyo Yamao, the aforesaid nationals of a designated enemy country (Japan);and it is hereby determined:
3. That to the extent that the persons named in subparagraph 1 hereof are not within a designated enemy country, the hational interest of the United States requires that such persons be treated as nationals of a designated enemy country (Japan).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary ia> the national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 13, 1950.
For the Attorney General.[seal] Harold I. Baynton,
Assistant Attorney General, Director, Office of Alien Property.
IF. R. Doc. 51-598; Filed, Jan. 12, 1951 j 8:50 a. m.] %-
[Vesting Order 16487i K ikutaro and Shuntaro Aoki
In re: Rights of Kikutaro Aoki and Shuntaro Aoki under insurance contract. F-39-4987-H-1.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Kikutaro Aoki and Shuntaro Aoki, whose last known address is Japan, are residents of Japan and nationals of a designated enemy country (Japan);
2. That the net proceeds due or to become due under a contract of insurance evidenced by Policy No. 1,112,402, issued by the Sun Life Assurance Company of Canada, Montreal, Quebe<\ Canada, to Kikutaro Aoki, together with the right to demand, receive and collect said net proceeds (including without limitation the right to proceed for collection against branch offices and legal reserves maintained in the United States), is property within the United States owned or controlled by, payable or deliverable to, held on behalf of or on account of, or owing to, or which is evidence of ownership or control by $£ikutaro Aoki or Shuntaro Aoki, the aforesaid nationals of a designated enemy country (Japan);and it is hereby determined:
3. That to the extent that the persons named in subparagraph 1 hereof are not within a designated enemy country, the national interest of the United States requires that such persons be treated as nationals of a designated enemy country (Japan).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or-otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 18, 1950.
For the Attorney General.[seal] Harold I. Baynton,
Assistant Attorney General, Director, Office of Alien Property.
[F. R. Doc. 51-599; Filed, Jan. 12, 1951;8:50 a. m.]
[Vesting Order 16488]
Rev. Hajime and Chiyeko Arima
In re: Rights of Rev. Hajime Arima and Chiyeko Arima under insurance contract. File D 39-18468 H-l.
Under the authority of the Trading .With the Enemy Act, as amended, Executive Order 9l93, as amended, and Ex-« ecutive Order 9788, and pursuant to law, after investigation, it is hereby found;. ,
1. That Rev. Hajime Arima and Chiyeko Arima, whose last known address is Japan, are residents of Japan and nationals of a designated enemy country (Japan);
2. That the net proceeds due or to become due under a contract of insurance evidenced by Policy No. 9377931 issued by the New York Life Insurance Company, New York, New York, to Rev. Hajime Arima, together with the right to demand, receive and collect said net proceeds, is property within the United States owned or controlled by, payable or deliverable to, held on behalf, of, or on account of, or owing to, or which is evidence of ownership or control by Rev. Hajime Arima or Chiyeko' Arima, the aforesaid nationals of a designated enemy country (Japan);and it is hereby determined:
3. That to the extent that the persons named in subparagraph 1 hereof are not within a designated enemy country, the national interest of the United States requires that such persons be treated as nationals of a designated enemy country (Japan).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 18, 1950.
For the Attorney General.[seal] Harold I. B ayntcn,
Assistant Attorney General, Director, Office of Alien Property.
[F. R. Doc. 51-600; Filed, Jan. 12, 1951;8:51 a. m.]
[Vesting Order 16499]K arl Dorn
In re: Rights of domiciliary personal representatives, et al., names unknown, of Karl Dorn, deceased, under insurance contracts. Files F-28-30876 H -l; F-28- 30876 H-2.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That the domiciliary personal representatives, heirs-aWaw, next-of-kin, legatees and distributees, names unknown, of Karl Dorn, deceased, who there is reasonable cause to believe are residents of Germany, are nationals of a désignated enemy country (Germany);
2. That the net proceeds due or to become due under contracts of insurance evidenced by policies No. 5640319 and 12 980 266’, issued by The Prudential Insurance Company of America, New-
I
366/ -
ark, New Jersey, to Karl Dorn, together with the right to demand, receive and collect said net proceeds, \is property within the United States owned or controlled by, payable or deliverable to, held on behalf of or on account of, or owing to, or which is evidence of ownership or control by, the aforesaid nationals of a designated enemy country (Germany);and it is hereby determined:
3. That to, the extent that the domiciliary personal representatives, heirs- at-law, next-of-kin, legatees and distributees, names unknown, of Karl Dorn, deceased, are not within a designated enemy country, the national interest of the United States requires that such persons be treated as nationals of a designated enemy country (Germany).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being degmed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed a t Washington, D. C., on December 18, 1950. ^
For the Attorney General.{seal] Harold I. Baynton,
Assistant Attorney General, Director, Office of Alien Property.
[F. R. Doc. 51-601; Filed, Jan. 12', 1951;8:51 a. m.]
[Vesting Order 16501]
Walter Goller
In re: Rights of Walter Goller under insurance contract. File No. D-28- 10671-H-2.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Walter Goller, whose last known address is Germany, is a resident of Germany and a national of a designated enemy country (Germany);
2. That the net proceeds due or to become due to Walter Goller under a contract of insurance evidenced by Policy No. 7872469 issued by The Prudential Insurance Company of America to Walter Goller, together with the right to demand, receive and collect said net proceedsis property within the United States owned or controlled by, payable or deliverable to, held on behalf of, or on account of, or owing to, or which is evidence of ownership or control by, the aforesaid national of a designated enemy country (Germany);
NOTICES
and it is hereby determined:3. That to the extent that the person
named in subparagraph 1 hereof is not within a designated enemy country, the national interest of the United States requires that such person be treated as a national of a designated enemy country (Germany).
All determinations and all action required by law, including appropriate consultation and certification,, having been made and taken, and it being deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 18, 1950.
For the Attorney General.[seal! Harold I. B aynton,
Assistant Attorney General,, Director, Office of Alien Property.[F. R. Doc. 51-602; Filed, Jan. 12, 1951;
8:51 a. m.]
[Vesting Order 16511]
S hizuo Ikeda. and Gozayemon Higashi
In re : Rights of Shizuo Ikeda and Gozayemon Higashi under contract of insurance. File F-39-4974-H-1.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found: ’
1. That Shizuo Ikeda and Gozayemon Higashi, whose last known address is Japan,’ are residents of Japan and nationals of a* designated enemy country (Japan);
2. That the net proceeds due or to become due under a contract of insurance evidenced by Policy No. 9328899, issued by the New York Life Insurance Company, New York, New York, to Shizuo Ikeda, together with the right to demand, receive and collect said net proceeds, is property within the United States owned or controlled by, payable or deliverable to, held on behalf of, or on account of, or owing to, or which is evidence of ownership or control by Shizuo Ikeda or Gozayemon Higashi, the aforesaid nationals of a designated enemy country (Japan);and it is hereby determined:
3. That to the extent that the persons named in subparagraph 1 hereof are not within a designated enemy country, the national interest of the United States requires that such persons be treated as nationals of a designated enemy Country (Japan).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being
deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the prop- erty^escribed above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States. _
The terms “national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.' Executed at Washington, D. C., on
December 18, 1950.For the Attorney General.[seal] Harold I. B aynton,
Assistant Attorney General, Director, Office of Alien Property.
[F. R. Doc. 51-603; Filed, Jan. 12, 1951J 8:51 a. m.]
[Vesting Order 16519]K atherine Klimmer et al.
In re: Rights of Katherine Klimmer, et al., under contract of insurance. File No. F-28-23182-H-l.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Katherine .Klimmer, Bertha Klimmer and Minna Luise Klimmer nee Kretzer, Whose last known address is Germany, are residents of Germany and nationals of a designated enemy country (Germany);
2. That the domiciliary personal representatives, heirs, next-of-kin, legatees and distributees, names, unknown, of Karl Klimmer, deceased, who "there is reasonable causvto believe are residents of Germany, are nationals of a designated enemy country (Germany);
3. That the net proceeds due or to become due under a contract of insurance evidenced by Policy No. 303066, issued by the Equitable Life Insurance Company of Iowa, Des Moines, Iowa, to Joseph Klimmer, together with the right to demand, receive, and collect said net proceeds, is property within the United States owned or controlled by, payable or deliverable to, held on behalf of, dr on account of, or owing to, or which is evidence of ownership or control by, the aforesaid nationals of a designated enemy country (Germany);and it is hereby determined:
4. That to the extent that the persons named in subparagraph 1 hereof and the domiciliary personal representatives, heirs, next-of-kin, legatees and distributees, names unknown, of Karl Klimmer, deceased, are not within a designated enemy country, the national interest of the United States requires that such persons be treated as nationals of a designated enemy country (Germany) .
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest,.
Saturday, January IS, 1951 FEDERAL REGISTER 367
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the'benefit of the United States.
The terms “national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 18, 1950.
For the Attorney General.[seal] H arold I. B aynton,
Assistant Attorney General, Director, Office of Alien Property.
[P. R. Doc. 51-605; Filed, Jan. 12, 1951;8:52 a. m.]
[Vesting Order 16520]Katchen Klimmer et al.
In re: Rights of Katchen Klimmer et al. under insurance contracts. Files No. F-28-22662-H-1, H-2, H-3.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Katchen Klimmer and Bertha Klimmer, whose last known address is Germany, are residents of Germany and nationals of a designated enemy country (Germany);
2. That the domiciliary personal representatives, heirs, next of kin, legatees and distributees, names unknown, of Karl Klimmer, deceased, who there is reasonable cause to believe are residents of Germany are nationals of a designated enemy country (Germany); '
3. That the net proceeds due or to become due under contracts of insurance evidenced by policies No. 11156108, 9132108 and 6152451, issued by the New York Life Insurance Company, New York, New York, to Joseph Klimmer, together with the right to demand, receive and collect said net proceeds, is property within the United States owned or controlled by, payable or deliverable to, held on behalf of or on account of, or owirfg to, or which is evidence of ownership or control by, the aforesaid nationals of a designated enemy country (Germany);and it is hereby determined:
4. That to the extent that the persons named in subparagraph 1 hereof and the domiciliary personal representatives, heirs, next of kin, legatees and distributees, names unknown, of Karl Klimmer, deceased, are not within a designated enemy country, the national interest of the United States requires that such persons be treated as nationals of a designated enemy country (Germany).
AH determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or other
wise dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy country” as used herein shall haVe the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed a t Washington, D. C., on December 18, 1950.
For the Attorney General.[seal] Harold I. B aynton,
Assistant Attorney General, Director, Office of Alien Property.
[P. R. Doc. 51-606; Piled, Jan. 12, 1951;8:52 a. m.]
[Vesting Order 16517]Shizuto K awamura
In re: Rights of Shizuto Kawamura under insurance contract. File No. D- 39-19042-H-l.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Shizuto Kawamura, whose last known address is Japan, is a resident of Japan and a national of a designated enemy country (Japan);
2. That the net proceeds due or to become due to Shizuto Kawamura under a contract of insurance evidenced by policy No. 8 755 437, issued by the New York Life Insurance Company, New York, New York, to Shizuto Kawamura, together with the right to demand, receive and collect said net proceeds,is property within the United States owned or controlled by, payable or deliverable to, held on behalf of or on account of, or owing to, or which is evidence of ownership or control by, the aforesaid national of a designated enemy country (Japan);and it is hereby determined:
3. That to the extent that the person named in subparagraph 1 hereof is not within a designated enemy country, the national interest of the United States requires that such person be treated as a national of a designated enemy country (Japan).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national" and “designated enemy country" as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 18, 1950.
For the Attorney General. ,[seal] Harold I. B aynton,
Assistant Attorney General,. Director, Office of Alien Property.
[P. R. Doc. 51-604; Filed, Jan. 12, 1951;8:51 a. m.]
[Vesting Order 16580]Ludwig Edward David
In re : Estate of Ludwig Edward David, deceased. File No. D-28-12795; E. & T. sec. 16969.
Under, the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Dr. Alice David and Ludwig David, whose last known address is Germany, are residents of Germany and nationals of a designated enemy country (Germany);
2. That all right, title, interest and claim of any kind or character whatsoever of the persons named in subparagraph 1 hereof, and each of them, in and to the estate of Ludwig Edward David, deceased, is property payable or deliverable to, or claimed by the aforesaid nationals of a designated enemy country (Germany);
3. That such property is in the process of administration by Frederic Gynrod, also known as Fritz David, as executor, acting under the judicial supervision of the Surrogate’s Court of New York County, New York;and it is hereby determined:
4. That to the extent that the persons named in subparagraph 1 hereof are not within a designated enemy country, the national interest of the United States requires that such persons be treated as nationals of a designated enemy country (Germany).
All determinations and all action required by law, including appropriate consultation, and certification, having been made and taken, and, it being deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 19, 1950.
For the Attorney Genertil.[seal] Harold I. Baynton,
Assistant Attorney General, Director, Office of Alien Property.
[P. R. Doc. 51-607; Filed, Jan. 12, 1951;8:52 a. m.]
[Vesting Order 16667]T akao AraI and Jukichi T akeda
In re: Debts owing to Takao Arai and Jukichi Takeda. F-39-5605-C-1, F-39- 204 and C-l.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Takao Arai and Jukichi Takeda, who there is reasonable cause to
368 NOTICESbelieve are residents of Japan, are nationals of a designated enemy country (Japan);
2. That the property described as follows: Those certain debts or other obligations of the Superintendent of Banks of the State of New York, as Liquidator of the Business & Property in New York of The Yokohama Specie Bank, Ltd., 80 Spring Street, New York 12, New York, arising out of Accepted Accounts Payable in the names of Takao Arai and Jukichi Takeda, and any and all rights to demand, enforce and collect the same,is property within the United States owned or controlled by, payable or deliverable to, held on behalf of or on account of, or owing to, or which is evidence of ownership or control by, Takao Arai and Jukichi Takeda, the aforesaid nationals of a designated enemy country (Japan);and it is hereby determined:
3. That to the extent that the persons named in subparagraph 1 hereof are not within a designated enemy country, the national interest of the United States requires that such persons be treated as nationals of a designated enemy country (Japan).
All determinations and all action re-, quired by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest.
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the, interest of and for the benefit of the United States.
The terms ‘'national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed a t Washington, D. C„ on December 21, 1950.
For the Attorney General.[ seal! Harold I. Baynton,
Assistant Attorney General, Director, Office of Alien Property.
[P. R. Doc. 81-608; Piled, Jan. 12, 1951;8:52 a. m.]
[Vesting Order 16687]Erich Just
In re: Bank account, certificate of deposit, bonds, certificate of indebtedness and fractional certificates owned by and debt owing to Erich Just, also known as E. Just. F-28-1387-A-1; E -l.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found;
1. That Erich Just, also known as E. Just, whose last known address is 77 Oberpfaffenhofen, Pbst Wessling/Obbu Germany, is a resident of Germany and a national of a designated enemy country (Germany);
2. That the property described as follows;
a. That certain debt or other obligation owing to Erich Just, also known as E. Just, by The National City Bank of New York, 55 Wall Street, New York, New York, arising out of a Compound Interest Account, account number A99814, entitled E. Just, maintained at the aforesaid bank, and any and all rights to demand, enforce and collect the same,
b. One (1) Certificate of Deposit for Chicago Rapid Transit Company 1st and Refunding 6& percent Gold Bonds due July 1, 1944, of $2,000 face value, bearing the number NB123, registered in the name of Hurley & Co., said certificate of deposit presently in the custody of The National City Bank of New York, 55 Wall Street, New York, New York, and any and all rights thereunder and thereto, including particularly but not limited to the right to receive any distributions due or to become due thereon,
c. Those certain bonds described in Exhibit A, attached hereto and by reference made a part hereof, presently in the custody of The National City Bank of New York, 55 Wall Street, New York, New York, together with any and all rights thereunder and thereto,
d. Thirteen (13) certificates of indebtedness of Konversionskasse fur Deutsche Auslands-Schulden, Berlin, Germany, 1934, Series B, numbered NR0624954/65 and 0624935 of 10 RM face value each, said certificates of indebtedness presently in the custody of The National City Bank of New York, 55 Wall Street, New York, New York, together with any and all rights thereunder and thereto,
e. Two (2) certificates of indebted;* ness of Konversionskasse fur Deutsche AusIands-JJchuldeh, Berlin, Germany, 1934, Series A, numbered NR0225901/02 of 50 RM face value each, said certificates of indebtedness presently in the custody of The National City Bank of New York, 55 Wall Street, New York, New York, together with any and all rights thereunder and thereto,
f. Five (5) fractional certificates for Konversionskasse fur Deutsche Auslands-Schulden, 3 percent Dollar Bonds due January 1, 1946, Series B, numbered 007053 of $5.00 face value, 121171 of $10.00 face value and 280676, 280677 and 280782 of $20.00 face value each, said fractional certificates presently in the custody of The National City Bank of New York, 55 Wall Street, New York, New York, together with any and all rights thereunder and thereto, and
g. One (1) fractional certificate for United States of Brazil 5 percent 20 Year Funding Bonds of 1931, numbered FR- 2141 of $20.00 face value, said fractional certificate presently in the custody of The National City Bank of New York, 55 Wall Street, New York, New York, together with any and all rights thereunder and thereto,is property within the United States owned or controlled by, payable or.deliverable to, held on behalf of or on account of, or owing to, or which is evidence of ownership or control by, the aforesaid national of a designated enemy county (Germany) iand it is hereby determined;
3. That to the extent that the per# son named in subparagraph 1 hereof a
not within a designated enemy country, the national interest of the United States requires that such person be treated as a national of a designated enemy country (Germany).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described above,,.to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy country’ as used herein shall have the meanings prescribed in section. 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 21, 1950.
For the Attorney General.[ seal] Harold I. Baynton,
Assistant Attorney General Director, Office of Alien Propei ty.
Exhibit A
Description of issue CertificateNos.'
Facevalue
German Central Bank for Agri- M 22037 $1,000culture 1st Lien 7% Farm Loan M 22038 1,000Sinking Fund Gold Bonds, due Sept. 15,1950.
Konversionskasse fur Deutsche C 067456 '100Auslands-Schulden 3% Dollar C 067457 100Bonds due Jan. 1,1946. C 067458 100
C 067558 100r C 067559 100
C 067560 100Saxon Public Works Inc., General M 5634 1,000
& Refunding 6H% Guaranteed M 6287 1,000Mortgage Gold Bonds due May 1,1951.
United States of Brazil, Central M 6217 1,000Railway of Brazil, Electrifica- 16618 1,000tion Loan of 1922 Extended, 3M% 30-year Bonds, due D ea 1, 1978.
United States of Brazil, Funding 3H% 20-year Bonds Extended
C 8627 100C 8628 100due Oct. 1,1979. C 8629 100
C 8630 100
[F. R. Doc. 51-609; Filed, Jan. 12, 1951; 8:52 a. m.J
[Vesting Order 16699 J Ernst W. Reinshagen
In re : Debt owing to Ernst W. Reinshagen. F-28-31106.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Ernst W. Reinshagen, whose last known address is Kamekastrasse 4, Saarbrücken, Germany, is a resident of Germany and a national of a designated enemy country (Germany),
2. That the property described as follows: That certain debt or other obligation of Hie Chase National Bank of the City of New York, 18 Pine Street, New York, New York, in the amount of $3,377.50 constituting a portion of the *um of money on deposit with the aforesaid bank in a blocked checking account entitled Handelstrust West N. V., and
Saturday, January 13, 1951 FEDERAL REGISTER 369
any and all rights to demand, enforce and collect the same,is property within the United States owned or controlled by, payable or deliverable to, held on behalf of or on account of, or owing to, or which is evidence of ownership or control by, Ernst W. Reinshagen, the aforesaid national of a designated enemy country (Germany) ;and it is hereby determined:
3. That to the extent that the person named in subparagraph 1 hereof is not within a designated enemy country, the national interest of the United States requires that such person be treated as a national of a designated enemy country (Germany).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest, "
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 21, 1950.
For the Attorney General.[seal] Harold I. Baynton,
Assistant Attorney General, Director, Office of Alien Property.
[F. R. Doc. 51-610; Filed, Jan. 12, 1951;8:53 a. m.]
[Vesting Order 16701]K aroline Marie Rieker
In re: Bank account owned by Karo- ' line Marie Rieker. F-28-229.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Karoline Marie Rieker, whose last known address is Blosweg 21 pts Links 24A Hamburg 34, Germany, is a resident of Germany and a national of a designated enemy country (Germany);
2. That the property described as follows: That certain debt or other obligation of The Manhattan Savings Bank, 154 East 86th Street, New York 28, New York, arising out of a savings account, account number 551-972, entitled Karoline Marie Rieker in trust for Charles Frederick Rieker, maintained at the office of the aforesaid bank located at 154 East 86th Street, New York 28, New York, and any and all rights to demand, enforce and collect the same,is property within the United States owned or controlled by, payable or deliverable to, held on behalf of or on account of, or owing to, or which is evidence of ownership or control by, Karoline Marie Rieker, the aforesaid national of a design nated enemy country (Germany);
No« 9——5
and it is hereby determined:3. That to the extent that the person
named in subparagraph 1 hereof is not within a designated enemy country, the national interest of the United States requires that such person be treated as a national of a designated enemy country (Germany).
All determinations and all action required by law, including appropriate consultation andf certification, having been made and taken, and, it being deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 21, 1950.
For the Attorney General.[seal] Harold I. B ayUton,
Assistant Attorney General, Director, Office of Alien Property.
[F. R. Doc. 51—611; Filed, Jan. 12, 1951;8:53 a. m.]
[Vesting Order 16702]Elsa Maria van Spengler
In re : Debts owing to Elsa Maria van Spengler also known as Else van Speng- m . F-63-9960-E-1.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Elsa Maria van Spengler also known as Else van Spengler, on or since the effective date of Executive Order 8389, as amended, and on or since December 11, 1941, has been a resident of Germany and is a national of c designated enemy country (Germany);
2. That the property described as follows:
a. That certain debt or other obligation of Credit Suisse New York Agency, 30 Pine Street, New York, New York, in the amount of $867.00, as of July 5,1949, representing a portion of an account entitled Credit Suisse, Zurich (Free A/C), maintained at the said Credit Suisse New York Agency, with any and all accruals to the aforesaid debt or other obligation, and any and all rights to demand, enforce and collect the same, and
b. That certain debt or other obligation of Credit Suisse New York Agency, 30 Pine Street, New York, New York, in. the amount of $3,177.00 as of July 5, 1949, representing a portion of an account entitled Credit Suisse, Zurich Blocked General Ruling 6 A/Cw maintained at the said Credit Suisse New York Agency, with any and all accruals to the aforesaiff debt or other obligation, and any and all rights to demand, enforce and collect the same,is property within the United States owned or controlled by, payable or de*
liverable to, held on behalf of or on account of, or owing to, or which is evidence of ownership or control by, Elsa Maria van Spengler also known as Else vah Spengler, the aforesaid national of a designated enemy country (Germany);and it is hereby determined:
3. That to the extent that the person named in subparagraph 1 hereof is not within a designated enemy country, the national interest of the United States requires that such person be treated as a national of a designated enemy country (Germany).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
Thaeterms “national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 21, 1950.
For the Attorney General.[seal] Harold I. Baynton,
Assistant Attorney General, Director, Office of Alien Property.
[F. R. Doc. 51-612; Filed, Jan. 12, 1951;8:53 a. m.]
[Vesting Order 16704]
H. Suzuki & Co., ex al.
In re: Debts owing to H. Suzuki & Co. and others. F-39-6724-C-1, F-39-2446- C-l, F-39-6722-C-1, F-39-6725-C-1, F- 39-6721-C-l, F-39-6723-C-1, F-39-3797- C-l.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That H. Suzuki & Co. and Kongo Co., the last known addresses of which are Japan, are corporations, partnerships, associations, or other business organizations. organized under the laws of Japan, which have or since the effective date of Executive Order 8389, as amended, have had their principal places of business in Japan, and are nationals of a designated enemy country (Japan);
2. That T. Kagawa, Toro Watanabe and T. Kanazawa, each of whose last known address is Japan, are residents of Japan and nationals of a designated enemy country (Japan);
3. That the personal representatives, heirs, next of kin, legatees, and distributees of Hiro Morishita, deceased, and of Y. Kanazawa, deceased, who there is reasonable cause to believe are residents of Japan, are nationals of a designated enemy country (Japan);
4. That the property described as follows: That certain debt or other obligation owing to H. Suzuki & Co., by The
/
370 NOTICESMutual Supply Co., 200 Davis Street, San Francisco 11, California, arising out of a Trade Account Payable outstanding on the books of the aforesaid Mutual Supply Co. in the name of H. Suzuki & Co., together with any and all accruals to the aforesaid debt or other obligation and any" and all rights to demand, enforce and collect the same,is property within the United States owned or controlled by, payable or deliverable to, held on behalf of or on account of, or owing to, or which is evidence of ownership or control by H. Suzuki & Co., the aforesaid national of a designated enemy country (Japan);.
5. That the property described as follows: That certain debt or other obliga? tion owing to Kongo Co. by The Mutual Supply Co., 200 Davis Street, San Francisco 11, California, arising out of a Trade Account Payable outstanding on the books of the aforesaid Mutual Supply Co. in the name of Kongo Co., together with any and all accruals to the aforesaid debt or other obligation and any and all rights to demand, enforce and collect the same,is property within the United States owned or controlled by, payable or deliverable to, held on behalf of or on account of, or owing to, or which is evidence of ownership or control by Kongo Co., the aforesaid national of a designated enemy country (Japan);
6. That the property described as follows : That certain debt or other obligation owing to T. Kagawa by The Mutual Supply Co., 200 Davis Street, San Francisco 11, California, arising out of a Deposit payable outstanding on the books of the aforesaid Mutual Supply Co. in the name of T. Kagawa, together with any and all accruals to the aforesaid debt or other obligation and any and all rights to demand, enforce and collect the same,is property within the United States owned or controlled by, payable or deliverable to, held on behalf of or on account of, or owing to, or which is evidence of ownership or control by T. Kagawa, the aforesaid national of a designated enemy country (Japan);
7. That the property described as follows : That certain debt or other obligation owing to Toro Watanabe by The Mutual Supply Co., 200 Davis Street, San Francisco 11, California.^arisingout of a Deposit payable, outstanding*^Dn the books of the aforesaid Mutual Supply Co. in the name of Toro Watanabe, together with any and all accruals to the aforesaid debt or other obligation and any and all rights to demand, enforce and collect the same,is property within the United States owned or controlled by, payable or deliverable to, held on behalf of or on account of, or owing to, or which is evidence of ownership or control by Toro Watanabe, the aforesaid national of a designated enemy country (Japan);
8. That the property described as follows: That certain debt or other obliga«* tion of The Mutual Supply Co., 200 Davis Street, San Francisco 11, California, arising out of a Trade Account payable, outstanding on the books of the aforesaid Mutual Supply Co. in the name of T*
Kanazawa & Co. (now defunct), together with any and all accruals to the aforesaid debt or other obligation and any and all rights to demand, enforce and collect the same,is property within the United States ownqd or controlled by, payable or deliverable to, held on behalf of or on account of, or owing to, or which is evidence of ownership #or ^control by T. Kanazawa, the aforesaid national of a designated enemy country (Japan) ;
9. That the property described as follows: That certain debt or other obligation of The Mutual Supply Co., 200 Davis Street, San Francisco 11, California, arising out of a Deposit payable outstanding on the books of the aforesaid Mutual Supply Co., in the name of Mrs. Hiro Morishita, together with any and all accruals to the aforesaid debt or other obligation and any and all rights to demand, enforce and collect the same,is property within the United States owned or controlled by, payable or deliverable to, held on behalf of or on account of, or owing to, or which is evidence of ownership or control by the personal representatives, heirs, next of kin, legatees and distributees of Hiro Morishita, deceased, the aforesaid nationals of a designated enemy country (Japan);
10. That the property described as follows : That certain debt or other obligation of the The Mutual Supply Co., 200 Davis Street, San Francisco 11, California, arising out of unpaid salaries outstanding on the books of the aforesaid Mutual Supply Co. in the name of Y. Kanazawa, together with any and Jill accruals to the aforesaid debt or other obligation and any and all rights to demand, enforce and collect the same,is property within the United States owned or controlled by, payable or deliverable to, held on behalf of or on account of, or owing to, or which is evidence of ownership or control by the personal representatives, heirs, next of kin, legatees and distributees of Y. K&nazawa, deceased, the aforesaid nationals of a designated enemy country (Japan);and it is hereby determined:
11. That to the extent that the persons named in subparagraphs 1 and 2 hereof and that the personal representatives, heirs, next of kin, legatees and distributees of Hiro Morishita, deceased, and of Y. Kanazawa, deceased, are not within a designated enemy country, the national interest of the United States requires that such persons be treated as nationals of a designated enemy country (Japan).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest.
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms ‘'national” and "designated enemy country” as used herein shall have
the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed a t Washington, D. C., on December 21, 1950.
For the Attorney General.[seal] Harold I. B ayntcn,
Assistant Attorney Gener al, Director, Office of Alien Property.
[F. R. Doc. 51-613; Filed, Jan, 12, 1951; 8:53 a. m.]
[Vesting Order 16705J
K ent chi Tomita et al.
In re: Debt owing to Kenichi Tomita and others. F-39-5599-C-1.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Kenichi Tomita and Kenji Kodama, who there is reasonable cause to believe are residents of Japan, are nationals of a designated enemy country (Japan);
2. That Boeki Kumiai Chuokaicho is a corporation, partnership, association or other business organization, which there is reasonable caUse to believe is organized under the laws of Japan, and is a national of a designated enemy country (Japan);
3. That the property described as follows: That certain debt or other obligation of the Superintendent of Banks of the State of New York as Liquidator of the Business & Property in New York of The Yokohama Specie Bank, Ltd., 80 Spring Street, New York 12, New York, arising out of a Collection After Closing Account representing refund of telegraphic transfer to Kenichi Tomita, and any and all rights to demand, enforce and collect the same,is property within the United States owned or controlled by, payable or deliverable to, held on behalf of or on account of, or owing to, or which is evidence of ownership or control by Kenichi Tomita, Kenji Kodama and Boeki Kumiai Chuokaicho, the aforesaid nationals of a designated enemy country (Japan) ;and it is hereby determined:" 4. That to the extent that the persons named in subparagraphs 1 and 2 hereof are not within a designated enemy country, the national interest of the United States requires that such persons be treated as nationals of a designated enemy country (Japan).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy country” as used herein shall
Saturday, January 13, 1951 FEDERAL REGISTER 371
have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 21, 1950.
For the Attorney General.[seal] Harold I. B aynton,
Assistant Attorney General, Director, Office of Alien Property.
[F. R. Doc. 51-614; Filed, Jan. 12, 1951; 8:53 a. m.]
[Vesting Order 16707] WlLHELMINE WlCKE
In re : Bank account owned by Wilhel- mine Wicke. F-28-31092.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Wilhelmine Wicke, whose last known address is (23) Bachstrasse 2a Bremen, Germany, is a resident of Germany and a national of a designated* enemy country (Germany);
2. That the property described as follows : That certain debt or other obligation of the Seaboard Trust Company in Dissolution, 95 River Street, Hoboken, New Jersey, arising out of a cash credit balance, entitled Wilhelmine Wicke, c/o Kipp, maintained at the aforesaid bank, and any and all rights to demand, enforce and collect the same,is property within the United States owned or controlled by, payable or deliverable to, held on behalf of or on account of, or owing to, or which is evidence of ownership or control by Wilhelmine Wicke, the aforesaid national. of a designated enemy country (Germany) ;and it is hereby determined:
3. That to the extent that the person named in subparagraph 1 hereof is not within a designated enemy country, the national interest of the United States requires that such person be treated as a national of a designated enemy country (Germany).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 21, 1950.
For the Attorney General.[seal ] Harold I. Baynton ,
Assistant Attorney General, Director, Office of Alien Property.
[P. R. Doc. 51-616; Filed, Jan. 12, 1951;8:54 a. m.]
[Vesting Order 16706]H enry Wichern
In re: Debt owing to Henry Wichern. F-28-253.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Henry Wichern, whose last known address is Fintel, Germany, is a resident of Germany and a national of a designated enemy country (Germany);
2. That the property described as follows: That certain debt or other obligation owing to Henry Wichern, by Title Guarantee & Trust Co. (Successors to Lawyers Title Corp.), 176 Broadway, New York 7, New York, representing the proceeds from mortgage certificate numbered 5850, issued by J, Lehrenkrauss and Sons, Issue No. 100, dated January 14, 1932, liquidated in March 1940, which proceeds were deposited with the above- named firm by the Fulton Service Corporation, and any and all accruals thereto, and any and all rights to demand, enforce and collect the same,is property within the United States owned or controlled by, payable or deliverable to, held on behalf of or on account of, or owing to, or which is evidence of ownership or control by, the aforesaid national of a designated enemy country (Germany);and it is hereby determined:
3. That to the extent that the person named in subparagraph 1 hereof is not within a designated enemy country, the national interest of the United States requires that such person be treated as a national of a designated enemy country (Germany).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 21, 1950.
For the Attorney General.[seal] Harold I. Baynton,
Assistant Attorney General, Director, Office of Alien Property.
[F. R. Dec. 51-615; Filed, Jan. 12, 1951;8:E4 a. m.]
[Vesting Order 16721]
August Haupt
In re: Bank account owned by August Haupt. F-28-6302.
Under the authority of the Trading With the Enemy Act, as amended, Exec
utive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That August Haupt, whose last known address is Kassel, Germany, is a resident of Germany and a national of a designated enemy country (Germany);
2. That the property described as follows: That certain ¿tebt or other obligation owing to August Haupt, by The Seamen’s Bank for Savings, 74 Wall Street, New York 5, New York, arising out of a bank account, account number 1,221,981, entitled August Haupt, maintained at the aforesaid bank, and any and all rights to demand, enforce and collect the same,is property within the United States owned or controlled by, payable or deliverable to, held on behalf of or on account of, or owing to, or which is evidence of ownership or control by, the aforesaid national of a designated enemy country (Germany);and it is hereby determined:
3. That to the extent that the person named in subparagraph 1 hereof is not within a designated enemy country, the national interest of the United States requires that such person be treated as a national of a designated enemy country (Germany).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being deemed .necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington* D. C„ on December 26, 1950.
For the Attorney General.[seal] Harold I. B aynton,
*Assistant Attorney General, Director, Office of Alien Property.
[F. R. Doc. 51-617; Filed, Jan. 12, 1951;8:54 a. m.]
[Vesting Order 16724]Paul Hopfe
In re: Rights of Paul Hopfe under Marine and War Risk policies. F-28- 24013-C-l.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Paul Hopfe, whose last known address is Hamburg, Germany, is a resident of Germany and a national of a designated enemy country (Germany);
2. That the property described as follows: All rights and interests of Paul Hopfe, in, to and under Marine and War Risk policies, issued by Fireman’s Fund Insurance Company, 401 California Street, San Francisco, California, to
372
Heidner & Company, Tacoma, Washington, and endorsed by Heidner & Company, to Paul Hopfe, covering shipments aboard the S. S. “Seattle,” arising out of a reported loss of said vessel,is property within the United States owned or controlled by, payable or deliverable to, held on behalf of or on account of, or owing to, or which is evidence of ownership or control by, Paul Hopfe, the aforesaid national of a designated enemy country (Germany);and it is hereby determined:
3. That to the extent that the person named in subparagraph 1 hereof is not within a designated enemy country, the national interest of the United States requires that such person be treated as a national of a designated enemy country (Germany).
All determinations and all action required by-law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 26, 1950.
For the Attorney General.[ seal] Harold I . Baynton,
Assistant Attorney General, Director, Office of Alien Property.
[F. R. Doc. 51-618; Piled, Jan. 12, 1951;8:54 a. m.]
[Vesting Order 16728]B oris K oeppen
In re: Debt owing to Boris itoeppen. F-28-30684-E-1.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Boris Koeppen, whose last known address is (24B) Flensburg, Tur- nierstr: 1, Germany, is a resident of Germany and a national of a designated enemy country (Germany);
2. That the property described as follows: That certain debt or other obligation owing to Boris Koeppen, by the Bank of New York and Fifth Avenue Bank, 48 Wall Street, New York 15, New York, as depositary of the Moscow Fire Insurance Company of Moscow, Russia, representing liquidating dividends on shares of the aforesaid company, together with any and all accruals thereto, and any and all rights to demand, enforce and collect the same,is property within the United States owned or controlled by, payable or deliverable to, held on behalf of or on
NOTICES
account of, or owing to, or which Is evidence of ownership or control by, the aforesaid national of a designated enemy country (Germany);and it is hereby determined:
3. That to the extent that the person named in subparagraph 1 hereof is not within a designated enemy country, the national interest of the United States requires that such person be treated as a national of a designated enemy country (Germany).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 26, 1950.
For the Attorney General.[seal] Harold I. Baynton,
Assistant Attorney General, Director, Office of Alien Property.
[P. R. Doc. 51-619; Piled, Jan. 12, 1951;8:54 a. m.]
[Vesting Order 16729] Tetsttnostjke Koiso
In re: Tetsunosuke Koiso; D-39-1682- C-l, E-l, F-l.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Tetsunosuke Koiso, whose last known address is Wakayama-Ken, Higa- shimura Gun, Taiji-Cho, Japan, is a resident of Japan and a national of a designated enemy country (Japan);
2. That the property described as follows: That certain debt or other obligation of Bank of America National Trust and Savings Association, 300 Montgomery Street, San Francisco, California, arising out of a savings account, account number 4020, entitled Tetsunosuke Koiso by Yasuo Tatsumi, Power of Attorney, maintained at the Soto-Hostetter branch office of the aforesaid bank located a t 1308 South Soto Street, Los Angeles, California, and any and all rights to demand, enforce and collect the same,is property within the United States owned or controlled by, payable or deliverable to, held on behalf of, or on account of, or owing to, or which Is evidence of ownership or control by, the aforesaid national of a designated enemy country (Japan);and it is hereby determined:
3. That to the extent that the person named in subparagraph 1 hereof is not
Within a designated enemy country, the national interest of the United States requires that such person be treated as a national of a designated enemy country (Japan).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in tjie national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy country” as used herein £hall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 26, 1950.
For the Attorney General. .[seal] Harold I. Baynton,
Assistant Attorney General, Director, Office of Alien Property.
[F. R. Doc. 51-620; Piled, Jan. 12, 1951;8:55 a. m.]
[Vesting Order 16734]
Aaron Levis
In re: Stock owned by Aaron Levis. F-28-25918-D-1.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Aaron Levis, whose last known address is Ostendstrasse 12, Francfort on Main, Germany, is a resident of Germany and a national of a designated enemy country (Germany);
2. That the property described as follows: Forty (40) shares of no par value common capital stock of International Mercantile Marine Company, á corporation organized under the laws of the State of New Jersey, evidenced by certificate numbered 320, registered in the name of Aaron Levis, together with all declared and unpaid dividends,thereon, and all rights to receive $1.00 par value United States Lines, Company, common stock, together with all declared and unpaid dividends thereon,is property within the United States Owned or controlled by, payable or deliverable to, held on behalf of or on account of, or owing to, or which is evidence of ownership or control by, the aforesaid national of a designated enemy country (Germany);and it is hereby determined:
3. That to the extent that the person named in subparagraph 1 hereof is not within a designated enemy country, the national interest of the United States requires that such person be treated as a national of a designated enemy country (Germany).
All determinations and all action required by law, including appropriate consultation and certification, having
Saturday, January 13, 1951 FEDERAL REGISTER 373
been made and taken, and, it being deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 26, 1950.
For the Attorney General.[seal] Harold I. B aynton,
Assistant Attorney General, Director, Office of Alien Property.
[F. R. Doc. 51-621; Filed, Jan. 12, 1951;8:55 a. m.]
[Vesting Order 16746]
Miss Gertrude. S chroeder
In re: Stock owned by Miss Gertrude Schroeder. F-28-30717.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found;
1. That Miss Gertrude Schroeder, who there is reasonable cause to believe is a resident of Germany, is a national of a designated enemy country (Qermany);
2. That the property described as follows: One (1) share of $100.00 par value common capital stock of American Telephone and Telegraph Company, 195 Broadway, New York, New York, a corporation organized under the laws of the State of New York, evidenced by certificate numbered KN51093, dated September 18, 1930, registered in the name of. Miss Gertrude Schroeder, together with all declared and unpaid dividends thereon,is property within the United States owned or controlled by, payable or deliverable to, held on behalf of or on account of, or owing to, or which is evidence of ownership or control by, the aforesaid national of a designated enemy country (Germany);and it is hereby determined:
3. That to the extent that the person named in subparagraph 1 hereof is not within a designated enemy country, the national interest of the United States requires that such person be treated as a national of a designated enemy country (Germany).
All determinations and all action required by lav/, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national? and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 26, 1950.
For the Attorney General.[seal] Harold I. Baynton,
Assistant Attorney General, Birector, Office of Alien Property.
[F. R. Doc. 51-622; Filed, Jan. 12, 1951; 8:55 a. m.]
[Vesting Order 16748]N . SORMANI
In re: Stock owned by N. Sormani. F-28-31104.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That N, Sormani, whose last known address is Adelheidstr. 14, Wiesbaden, Germany, is a resident of Germany and a national of a designated enemy country (Germany);
2. That the property described as follows:
a. Ten (10) shares of ho par value common capital stock of American Car and Foundry Company, 30 Church Street, New York 8, New York, a corporation organized under the laws of the State of New Jersey, evidenced by a certificate numbered 100699, registered in the name of Maatschappij tot Beheer van het Ad- ministratiakantoor opgericht door Hu- brecht, van Harencarspel & yas Vissar N. V. Amsterdam, together with all declared and unpaid dividends thereon, and
b. Three (3) shares of $10.00 par value common capital stock of Cities Service Company, 60 Wall Street, New York 5, New York, a corporation organized under the laws of the State of Delaware, evidenced by certificates numbered VL8252/4 for thirty (30) shares of common, no par value stock of the aforesaid Company, registered in the name of Broekmans Administratiekantoor, N. V., Amsterdam, together with all declared and unpaid dividends thereon, and any and all rights to exchange said certificates for new certificates for $10.00 par value stock of the aforesaid Company,is property within the United States owned or controlled by, payable or deliverable to, held on behalf of or on account of, or owing to, or which is evidence of ownership or control by, N. Sormani, the aforesaid national of a designated enemy country (Germany);and it is hereby determined:
3. That to the extent that the personnamed in subparagraph 1 hereof is not within a designated enemy country, the national interest of the United States requires that such person be treated as a national of a designated enemy country (Germany). *
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it-being
deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy countiV’ as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 26, 1950.
For the Attorney General.[seal] Harold I. B aynton,
Assistant Attorney General, Director, Office of Alien Property.
[F. R. Doc. 51-623; Filed, Jan. 12, 1S51;8:56 a. m.]
[Vesting Order 16779]
R udolf Leser et al.
In re: Rights of Rudolf Leser et al. under contract of insurance. File F-28- 34#6-H-l.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Rudolf Leser, Erna Leser, Adolf Leser and Marta Leser, whose last known address is Germany, are residents of Germany and nationals of a designated enemy country (Germany);
2. That the children, names unknown, of Rudolf Leser and the domiciliary personal representatives, heirs, next of kin, legatees and distributees, names unknown, of Rudolf Leser, who there is reasonable cause to believe are residents of Germany, are nationals of a designated enemy country (Germany);
3. That the net proceeds due or to become due under a contract of insurance evidenced by Policy No. 10034811 issued by The Equitable Life Assurance Society of the United States, New York, New York, to Rudolf Leser, and any and all other benefits and rights of any kind or character whatsoever under or arising out of said contract of insurance except those of the aforesaid The Equitable Life Assurance Society of the United States together with the right to demand, enforce, receive and collect the Same is property within the United States owned or controlled by, payable or deliverable to, held on behalf of, or on account of, or owing to, or which is evidence of ownership or control by Rudolf Leser or Erna Leser or Adolf Leser and Marta Leser or the children, names unknown, of Rudolf Leser, or the domiciliary personal representatives, heirs, next of kin, legatees and distributees, names unknown, of Rudolf Leser, the aforesaid nationals of a designated enemy country (Germany);and it is hereby determined:
4. That to the extent that the persons named in subparagraph 1 hereof and the children, names unknown, of Rudolf Leser, and the domiciliary personal rep*
374 NOTICES
legatees and distributees, names unknown, of Erna Leser, the aforesaid nationals of a designated enemy country (Germany);and it is hereby determined:
4. That to the extent that the persons named in subparagraph 1 hereof and the domiciliary personal representatives,, heirs, next of kin, legatees and distributees, names unknown, of Erna Leser, are not within a designated enemy country, the national interest of the United States requires that such persons be treated as nationals of a designated enemy country (Germany).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms "national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 27, 1950.
For the Attorney General.
Sugita, the aforesaid nationals, of a designated enemy country (Japan);and it is hereby determined:
3. That to the extent that the persons named in subparagraph 1 hereof are not within a designated enemy country, the national'interest of the United States requires that such persons be treated as nationals of a designated enemy country (Japan).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise' dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 27, 1950.
For the Attorney General.[seal! Harold I. Baynton,
Assistant Attorney General, Director, Office of Alien Property.
[F. R. Doc. 51-626; Filed, Jan. 12, 1951;8:56 a. m.]
resentatives, heirs, next of kin, legatees and distributees, names unknown, of Rudolf Leser, are not within a designated enemy country, the national interest of the United States requires that such persons be treated as nationals of a designated enemy country (Germany).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national Interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 27, 1950.
For the Attorney General.[ seal] Harold I. Baynton,
Assistant Attorney General, _ Director, Office of Alien Property.
[F. R. Doc. 51-624; Filed, Jan. 12, 1951;8:56 a. m.]
[Vesting Order 16780[
R tjdolf Leser et al.
In re: Rights of Rudolf Leser, et al., under contract of insurance. File No. F-28-3426-H-3.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Rudolf Leser, Erna Leser, Adolf Leser and Marta Leser, whose last known address is Germany, are residents of Germany and nationals of a designated enemy country (Germany);
2. That the domiciliary personal representatives, heirs, next of kin, legatees and distributees, names unknown, of Erna Leser, who there is reasonable ̂cause to believe are residents of Germany, are nationals of a designated enemy country (Germany);
3. That the net proceeds due or to become due under a contract of insurance evidenced by Policy No. 7730973 issued by The Equitable Life Assurance Society of the United States, New York, New York, to Rudolf Leser, and any and alljDther benefits and rights of any kind or xharacter whatsoever under or arising out of said contract of insurance except those of the aforesaid The Equitable Life Assurance Society of the United States together with the right to demand, enforce, receive and collect the same is property within the United States owned or controlled by, payable or deliverable to, held on behalf of, or on account of, or owing to, or which is evidence of ownership or control by Rudolf Leser or Erna Leser or Adolf Leser and Marta Leser or the domiciliary per« sonal representatives, heirs, next of kin,
[seal! Harold I. Baynton, Assistant Attorney General,
Director, Office of Alien Property.[F. R. 'Doc. 51-625; Filed, j£tn. 12, 1951;
8:56 a. m.]
[Vesting Order 16809]
^^Jiro Sugita et al.
In re: Rights of Jiro Sugita, et al., under contract of insurance. File No. D-39- 18998-H-l.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Jiro Sugita and Mutsue Sugita, whose last known address is Japan, are residents of Japan and nationals of a designated enemy country (Japan);
2. That the net proceeds due or to become due under a contract of insurance evidenced by policy No. 1,438,938 issued by the Sun Life Assurance Company of Canada, Montreal, Quebec, Canada, to Jiro Sugita, and any and all other benefits and rights of any kind or character whatsoever under or arising out of said contract of insurance except those of the aforesaid Sun Life Assurance Company of Canada together with the right to demand, enforce, receive and collect the same (including without limitation the right to proceed for collection against branch offices and legal reserves maintained in the United States), is property within the United States owned or controlled by, payable or deliverable to, held on behalf of, or on account of, or owing to, or which is evidence of ownership or control by Jiro Sugita or Mutsue
[Vesting Order 16811] T orishichi and Yaye Suzuki
In re: Rights of Torishichi Suzuki and Yaye Suzuki under contract of insurance'. File No. D-39-12046-H-1.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after ̂ Investigation, it is hereby found:
1. That Torishichi Suzuki and Yaye Suzuki, whose last known address is Japan, are residents of Japan and nationals of a designated enemy country (Japan);
2. That the net proceeds due or to become due under a contract of insurance evidenced by Policy No. 1362884 issued by The Sun Life Assurance Company of Canada, Montreal, Quebec, Canada, to Torishichi Suzuki, and any and all other benefits and rights of any kind or character whatsoever under or arising out of said contract of insurance except those, of the aforesaid Sun Life Assurance Company of Canada, together with the right to demand, enforce, receive and collect the same (including without limitation the right to proceed for collection against branch offices and legal reserves maintained in the United States), is property within the United States owned or controlled by, payable or deliverable to, held on behalf of or on account of, or owing to, or which is "evidence of ownership or control by Torishichi Suzuki or Yaye Suzuki, the aforesaid nationals of a designated enemy country (Japan);and it is hereby determined:
3. That to the extent that the persons named in subparagraph1, hereof are not
Saturday, January 13, 1951 FEDERAL REGISTER 375
within a designated enemy country, the national interest of the United States requires that such persons be treated as nationals of a designated enemy country (Japan).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 27, 1950.
For the Attorney General.[seal! Harold I. B aynton,
Assistant Attorney General, Director, Office of Alien Property.
[F. R. Doc. 51-627; Filed, Jan. 12, 1951;8:57 a. m.]
[Vesting Order 16814]T adashi Uyesugi et al.
In re: Rights Gf Tadashi Uyesugi et al. under insurance contract. File No. F-39-5298-H-1.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Tadashi Uyesugi and Masaichi Uyesugi, whose last known address is Japan, are residents of Japan and nationals of a designated enemy country (Japan);
2. That the net proceeds due or to become due under a contract of insurance evidenced by Policy No. 12,923,465, issued by the New York Life Insurance -Company, New York, New York, to Tadashi Uyesugi, and any and all other benefits and rights of any kind or character whatsoever under or arising out of said contract/ of insurance except those of the aforesaid New York Life Insurance Company, together with the right to demand, enforce, receive and collect the same, is property within the United States owned or controlled by, payable or deliverable to, held on behalf of or on account of, or owing to, or which is evidence of ownership or control by Tadashi Uyesugi or Masaichi Uyesugi, the aforesaid nationals of a designated enemy country (Japan);and it is hereby-determined:
3. That to the extent that tlfe persons named in subparagraph 1 hereof are not within a designated enemy country, the national interest of the United States requires that such persons be treated as nationals of a designated enemy country (Japan).
All determinations and all action required by law, including appropriate consultation and certification, having been
made and taken, and, it being deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 27, 1950.
For the Attorney General.[ seal] H arold I. B aynton,
Assistant Attorney General, Director, Office of Alien Property.
[F. R. Doc. 51-628; Filed, Jan. 12, 1951;'8:57 a. m.]
[Vesting Order 16815]Arthur C. Vogt
In re: Rights of Arthur C. Vogt under insurance contract. F-28-24676-H-1.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Arthur C. Vogt, whose last known address is Germany, is a resident of Germany and a national of a designated enemy country (Germany);
2. That the net proceeds due or to become due to Arthur C. Vogt under a contract of insurance evidenced by Policy No. 1300693A issued by the Metropolitan Life Insurance Company, New York, New York, to Arthur C. Vogt, and any and all other benefits and rights of any kind or character whatsoever under or arising out of said contract of insurance except those of MargarSthe Vogt, a resident of the United States and of the aforesaid Metropolitan Life Insurance Company together with the right to demand, enforce, receive and collect the same is property within the United States owned or controlled by, payable or deliverable to, held on behalf of, or on account of, or owing to, or which is evidence of ownership or control by Arthur C. Vogt, the aforesaid national of a designated enemy country (Germany) ;and it is hereby determined:
3. That to the extent that the person named in subparagraph 1 hereof is not within a designated enemy country, the national interest of the United States requires that such person be treated as a national of a designated enemy country (Germany).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 27, 1950.
For the Attorney General.[ seal] Harold I. B aynton,
Assistant Attorney General, Director, Office of Alien Property.
[F. R. Doc. 51-629; Filed, Jan. 12, 1951; 8:57 a. m.]
[Vesting Order 16820]
Clause Wittschieben et al.
In re: Rights of Clause Wittschieben et al. under contract of insurance. File No. F-28-24567-H-1.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Clause Wittschieben, whose last known address is Germany, is a resident of Germany and a national of a designated enemy country (Germany);
2. That the domiciliary personal representatives, heirs-at-laW, next-of-kin, legatees and distributees, names unknown, of Clause Wittschieben, who there is reasonable cause to believe are residents of Germany, are nationals of a designated enemy country (Germany);
3. That the net proceeds due or to become due under a contract of insurance evidenced by Policy No. 5 515 024 C issued by the Metropolitan Life Insurance Company, New York, New York, to Clause Wittschieben, and any and all other, benefits and rights of any kind or character whatsoever under or arising out of said contract of insurance except those of the aforesaid Metropolitan Life Insurance Company, together with the right to demand, enforce, receive and collect the same is property within the United States owned or controlled by, payable or deliverable to, held on behalf of, or on account of, or owing to, or which is evidence of ownership or control by Clause Wittschieben or the domiciliary personal representatives, heirs-at-law, next-of-kin, legatees and distributees, names unknown, of Clause Wittschieben, the aforesaid nationals of a designated enemy country (Germany);and it is hereby determined:
4. That to the extent that the person named in subparagraph 1 hereof and the domiciliary personal representatives, heirs-at-law, next-of-kin, legatees and distributees, names unknown, of Clause Wittschieben, are not within a designated enemy country, the national interest of the United States requires that such persons be treated as nationals of a designated enemy country (Germany).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest,
376 NOTICES
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 27, 1950.
For the Attorney General.[seal] Harold I. B aynton,
Assistant Attorney General, Director, Office of Alien Property.
[F. S. Doc. 51-632; Filed, Jan. 12, 1951;8:58 a. m. ]
[Vesting Order 16816]
Martha Von Weel and Gertrude Eckhardt
In re : Rights of Martha Von Weel and Gertrude Eckhardt under insurance contract; F-28-17758-H-1.
Under the authority of the 'Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found: v
1. That Martha Von Weel and Gertrude Eckhardt, whose last known address is Germany, are residents of Germany and nationals of a designated enemy country (Germany) ;
2. That the net proceeds due or to become due under a contract of insurance evidenced by Policy No. 110C5773 A issued by the Metropolitan Life Insurance Company, New York, New York, to Martha Von Weel, and any and all other benefits and rights of any kind or character whatsoever under or arising out of said contract of insurance except those of the aforesaid Metropolitan Life Insurance Company together with the right to demand, enforce, receive and collect the same is property within the "United States owned or controlled by, Playable or deliverable to, held on behalf of, or on account of, or owing to, or which is evidence of ownership or control by Martha Von Weel or Gertrude Eckhardt the aforesaid nationals of a designated enemy country (Germany) ;and it is hereby determined:
3. That to the extent that the persons named in subparagraph 1 hereof are not within a designated enemy country, the national interest of the United States requires that such persons be treated as nationals of a designated enemy country (Germany).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or
/otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 27, 1950.
For the Attorney General.[seal! Harold I. Baynton;
Assistant Attorney General, Director, Office of Alien Property.
[F. R. Doc. 51-630; Filed, Jan. 12, 1951;. 8:57 a.m .]
[Vesting Order 16821]
Anna Wolf et al.
In re: Rights of Anna Wolf et al under an insurance contract. File No. F- 28-29731-H-l.
Under the authority of the Trading With the Ehemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Anna Wolf, whose last known address is Germany, is a resident of Germany and a national of a designated enemy country (Germany) ;
2. That the domiciliary personal representatives, heirs, next of kin, legatees and distributees, names unknown, of Anna Wolf, who there is reasonable cause to believe are residents of Germany, are nationals of a designated enemy country (Germany);
3. That the net proceeds due or to become due under a contract of insurance evidenced by Policy No. 110084 MI issued by the Metropolitan Life Insurance Company, New York, New York, to Anna Wolf, and any and all other benefits and rights of ahy„kind of character whatsoever under or arising out of said contract of insurance except those of the aforesaid Metropolitan Life Insurance Company together with the right to demand, enforce, receive and collect the same is property within the United States owned or controlled by, payable or deliverable to, held on behalf of, or on account of, or owing to, or which is evidence of ownership or control by Anna Wolf or the domiciliary personal representatives, heirs, next of kin, legatees and distributees/ names unknown, of Anna Wolf, the aforesaid nationals of a designated enemy country (Germany);and it is hereby determined:
4. That to the extent that the person named in subparagraph 1 hereof and the domiciliary personal representatives, heirs, next of kin, legatees and distributees, names ynknown, of Anna Wolf, are not within a designated enemy country, the national interest of the United States requires that such persons be treated as nationals of a designated enemy country (Germany).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national” .and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 27, 1950.
For the Attorney General.[ seal ] Harold I. Baynt" \
Assistant Attorney General, Director, Office of Alien Property.
[F. R. Doc. 51-633; Filed, Jan. 12, 1951;8:58 a. m.]
[Vesting Order 16819]Helmut Wilke et al.
In re: Rights of Helmut Wilke et al. under insurance contract. File No. F-28-28532-H-1.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Helmut Wilke and Toni Wilke, whose last known address is Germany, are residents of Germany and nationals of a designated enemy country (Germany) ;
2. That the net proceeds due or to become due under a contract of insurance evidenced by policy No. 10 719 614, issued by the New York Life Insurance Company, New York, New York, to Helmut Wilke, and any and all other benefits and rights of any kind or character whatsoever under or arising out of said contract of insurance except those of the aforesaid New York Life Insurance Company, together with the right to demand, enforce, receive and collect the same, is property within the United States owned or controlled by, payable or deliverable to, held on behalf of, or on account of, or owing to, or which is evidence of ownership or control by, Helmut Wilke or Toni Wilke, the aforesaid nationals of a designated enemy country (Germany);and it is hereby determined:
3. That to the extent that the persons named in subparagrapji 1 hereof are not within a designated enemy country, the national interest of the United States requires that such persons be treated as nationals of a designated enemy country (Germany).
All determinations and all action required by law. including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy country” as used herein shall have
Saturday, January 13, 1951 FEDERAL REGISTER 377
the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 27, 1950.
For the Attorney General.[seal] Harold I. B aynton,
Assistant Attorney General, Director, Office of Alien Property.
[F. R. Doc. 51-631; Filed, Jan. 12, 1951; 8:57 a. m.]
[Vesting Order 16931]
Karoline Bader and'R obert Htjhn
In re : Interest in real property owned by Karoline Bader and Robert Huhn. D-28-7924.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Karoline Bader and Robert Huhn, each of whose last known address is Stuttgart, Germany, are residents of Germany and nationals of a designated^ enemy country (Germany);
2. That the property described as follows: An undivided two-thirds interest in real property situated in the County of Essex, State of New Jersey, particularly described in Exhibit A, attached hereto and by reference made a part hereof, together with all hereditaments, fixtures, improvements and appurtenances thereto, and any and all claims for rents, refunds, benefits or other payments, arising from the ownership of such property,is property within the United States owned or controlled by, payable or deliverable to, held on behalf of or on account of, or owing to, or which is evidence of ownership or control by, the aforesaid nationals of a designated enemy country (Germany);and it is hereby determined:
3. That to the extent that the persons named in subparagraph 1 hereof are not within a designated enemy country, the national interest of the United States requires that such persons be treated as nationals of a designated enemy country (Germany).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described in subparagraph^ hereof, subject to recorded liens, encumbrances and other rights of record held by or for persons who are not nationals of designated enemy countries, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
No. 9----- 6 v
Executed at at Washington, D. C., on January 4, 1951.
For the Attorney General.[seal] Harold I. Baynton,
Assistant Attorney General, Director, Office of Alien Property.
E x h ib it A
All those certain lots, pieces or parcels of land known and designated as Lots Nos. 18, 21 to 27 incl., 30 and 31 in Block 153-N; Lots Nos. 23, 24, 35 to 39 incl., in Block 153-0, on map of property of C. W. Fundus, West Orange, N. J., and filed in the Office of the Register of Essex County, State of New Jersey, on May 13, 1932, in Case No. 1278.[F. R. Doc. 51-638; Filed, Jan. 12, 1951;
8:59 a. m.]
[Vesting Order 16823]Y oshitaka Elbert and Enichi Yamao
In re: Rights of Yoshitaka Elbert Yamao and Enichi Yamao under insurance contract. File No. F-39-6326-H-1.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Yoshitaka Elbert Yamao and Enichi Yamao, whose last known address is Japan, are residents of Japan and nationals of a designated enemy country (Japan);
2. That the net proceeds due or to become due under a contract of insurance evidenced by Policy No. 13144929 issued by the New York Life Insurance Company, New York, New York, to Yoshitaka Elbert Yamao, and any and all other benefits and rights of any kind or character whatsoever under or arising out of said contract of insurance except those of the aforesaid New York Life Insurance Company together with the right to demand, enforce, receive and collect the same is property within the United States owned or controlled by, payable or deliverable to, held on behalf of, or on account of, or owing to, or which is evidence of ownership or control by Yoshitaka Elbert Yamao or Enichi Yamao, the aforesaid nationals of a designated enemy country (Japan);and it is hereby determined:
3. That to the extent that the persons named in subparagraph 1 hereof are not within a designated enemy country, the national interest of the United States requires that such persons be treated as nationals of a designated enemy country (Japan).
All determinations and all action required ^by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy country” as used herein shall
have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 27, 1950.
For the Attorney General.[ seal] Harold I. B aynton,
Assistant Attorney General, Director, Office of Alien Property.
[F. R. Doc. 51-634; Filed, Jan. 12, 1951; 8:58 a. m.]
[Vesting Order 16932]William H. Evers et ux .
In re: Real property, safe deposit box lease and bank accounts owned by William H. Evers, also known as Wilhelm Heinrich Evers, et ux. F-28-30936.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That William H. Evers, also known as Wilhelm Heinrich Evers, and Dorothea Evers, also known as Dorothy Evers, and as Dorothea Helene Evers, his wife, each of whose last known address is Grossestrasse 65 (24-a), Lamstedt-Nie- derelbe, Province of Hanover, Germany, are residents of Germany and nationals of a designated enemy country (Germany) ;
2. That the property described as follows:
a. Real property situated in the Township of Jefferson, County of Morris, State of New Jersey, particularly described in Exhibit A, attached hereto and by reference made a part-hereof, together with all hereditaments, fixtures, improvements and appurtenances thereto, and any and all claims for rents, refunds, benefits, or other payments arising from the ownership of such property,
b. All rights and interests created ini the persons named in subparagraph 1 hereof, under and by virtue of a safe deposit box lease agreement dated December 20, 1935, and any and all extensions or renewals thereof, by and between the persons named in subparagraph 1 hereof, and the Nicodemus National Bank of Hagerstown, Hagerstown, Maryland, relating to safe deposit box numbered 427, located in the vault of the said Nicodemus National Bank of Hagerstown, including particularly but not limited to the right of access to said safe deposit box,
c. All property of any nature whatsoever, owned by the persons named in sub- paragraph 1 hereof, located in the safe deposit box referred to in subparagraph 2-b hereof, and all rights and interests of said persons, evidenced or represented thereby, and
d. That certain debt or other obligation owing to the persons named in sub- paragraph 1 hereof, by Nicodemus National Bank of Hagerstown, Hagerstown, Maryland, arising out of a bank account, entitled Dorothy Evers or William Evers, maintained at said bank, and any and all rights to demand, enforce, and collect the same,
378 NOTICESis property within the United States owned or controlled by, payable or deliverable to, held on behalf of or on account of, or owing to, or which is evidence of ownership or control by, the aforesaid nationals of a designated enemy country (Germany);
3. That the property described as follows: That certain debt or other obligation owing to Dorothea Evers, also known as Dorothy Evers, and as Dorothea Helene Evers, by Nicodemus National Bank Of Hagerstown, Hagerstown, Maryland, arising out of a bank account, entitled Mrs. Dorothy Evers account No. 2, maintained at said bank, and any and all rights to demand, enforce and collect the same,is property within the United States owned or controlled by, payable or deliverable to, held on behalf of or on account of, or owing to, or which is evidence of ownership or control by. Dorothea Evers, also known as Dorothy Evers and as Dorothea Helene Evers, the aforesaid national of a designated enemy country (Germany) ;and it is hereby determined:
4. That to the extent that the persons named in subparagraph 4 hereof are not within a designated enemy country, the national interest of the United States requires that such persons be treated as nationals of a designated enemy country (Germany).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described in subparagraph 2-a hereof, subject to recorded liens, encumbrances and other rights of record held by or for persons who are not nationals of designated enemy countries, and
There is hereby vested in the Attorney General of the United States the property described in subparagraphs 2-b, 2-c, 2-d and 3 hereof,
All such property so vested to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national” and "designated enemy country” as used herein shall have the meanings prescribed in section IQ of Executive Order 9193, as amended.
Executed at Washington, D. C., on January 4, 1951.
For the Attorney . General.[seal] Harold L B aynton,
Assistant Attorney General, Director, Office of Alien Property,
E x h ib it ABeginning at a point in the northerly side
or line of the public road leading from Lake Hartung to Milton, the same being in the westerly side or line of lands heretofore conveyed by Lake Hartung, Inc. to one Martin Tietjen, et al.; thence (1) northerly along said westerly side of lands of said Tietjen, et al., two hundred twenty (220) feet more or less to a point forty-four (44) feet southerly from the northwest corner of lands of
said Tietjen, et al.j thence (2) westerly and at right angles to the first course seventy (70) feet to a point; thence (3) southwesterly seventy (70) feet more or less to a cross cut on a large boulder near the Rockaway River; thence (4) returning to the point of beginning, westerly along the northerly side of said public road ninety (90) feet to a point; thence (5) northwesterly one hundred fifty (150) feet more or less to the end of the third course aforesaid.[F. R. Doc. 51-639; Piled, Jan. 12, 1951;
8:59 a. m.)
[Vesting Order 16933}Heinrich Hammacher et al.
Iri re : Interest in real property owned by Heinrich Hammacher and others. D- 28-12939.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Heinrich Hammacher, Paul Hammacher, Franziska Platte, August Hamn^nCher, and Frederick Hammacher, each of whose last known address is Germany, ar? residents of Germany and nationals of a designated enemy country (Germany);
2. That the property described as fbl-lows: An undivided five-sevenths(5/7ths) interest in real property situated in the County of Juneau, State of Wisconsin, particularly described in Exhibit A, attached hereto and by reference made a part hereof, together with all hereditaments, fixtures, improvements and appurtenances thereto, and any and all claims for rents, refunds, benefits or other payments arising from the ownership of such property,is property within the United States owned or controlled by, payable or deliverable to, held on behalf of or on account of, or owing to, or which is evidence of ownership or control by, the aforesaid nationals of a designated enemy country (Germany);and it is hereby determined:
3. That to the extent that the persons named in subparagraph 1 hereof are not within a designated enemy country, the national interest of the United States requires that such persons be treated as nationals of a designated enemy country (Germany).
All determinations and all action^re- quired by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described in subparagraph 2 hereof, subject to recorded liens, encumbrances and other rights of record held by or for persons who are not nationals of designated enemy countries, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms "national” and "designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on January 4, 1951.
For the Attorney General.[seal] Harold I. B aynton,
Assistant Attorney General, Director, Office of Alien Property.
Ex h ib it AAU those tracts or parcels of land situ
ated in the Town of Clearfield, County of Juneau, State of Wisconsin, particularly described as follows: s
The North West Quarter of South East Quarter, the South West Quarter of South East Quarter, the East One Half of the North East Quarter of the South Wèst Quarter, and the East One Half of the South East Quarter ot thè South West Quarter, in Section 23, Township 17, Range 3, East of the Fourth Principal Meridian.[F. R. Doc. 51-640; Filed, Jan. 12, 1951;
9:00 a. m.}
[Vesting Order 16824]
Takashi D. Yamauchi et al.
In re: Rights of Takashi «D. Yamau- chi et al. under insurance contract. File No. F-39-4567-H-1. .
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Takashi D. Yamauchi, Hiroshi Yamauchi and Akira Yamauchi, whose last known address is Japan, are residents of Japan and nationals of a designated enemy country (Japan);
2. That the net proceeds due or to become due under a contract of insurance evidenced by policy No. 10,689,287, issued by the New York Life Insurance Company, New York, New York, to Takashi IX Yamauchi, and any and all other benefits and rights of any kind hr character whatsoever under or arising out of said contract of insurance except those of the aforesaid New York Life Insurance Company, together with the right to demand, enforce, receive and collect the same, is property within the United States owned or controlled by, payable or deliverable to, held on behalf of, or on account of, or owing to, or which is evidence of ownership or control by, Takashi D. Yamauchi, or Hiroshi Yamauchi, or Akira Yamauchi, the aforesaid nationals of a designated enemy country (Japan);and it is hereby determined:
3. That to the extent that the persons named in subparagraph I hereof are not within a designated enemy country, the national interest of the United States requires that such persons'be treated as nationals of a designated enemy country (Japan).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or other-*
Saturday, January 13, 1951 FEDERAL REGISTER 379
wise dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy country” as used*herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 27, 1950.
For the Attorney General.[seal] Harold I. B aynton,
Assistant Attorney General. Director, Office of Alien Property.
[P. R. Doc. 51-635; Filed, Jan. 12, 1951; 8:58 a. m.]
[Vesting Order 16825]F usao Yasumichi et al.
In re: Rights of Fusao Yasumichi et al., under contract of insurance. File No. D-39-19066-H-1.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Fusao Yasumichi and Michi- taro Yasumichi, whose last known address is Japan, are residents of Japan and nationals of a designated enemy country (Japan);
2. That the net proceeds due or to become due under a contract of insurance evidenced by policy No. 478,693 issued by The Manufacturers Life Insurance Company, Toronto, Ontario, Canada, to Fusao Yasumichi, and any and all other benefits and rights of any kind or character whatsoever under or arising out of said contract of insurance except those of the aforesaid The Manufacturers Life Insurance Company together with the right to demand, enforce receive and collect the same (including without limitation the right to proceed for collection against branch offices and legal reserves maintained in the United States), is property within the United States owned or controlled by, payable or deliverable to, held on behalf of, or on account of, or owing to, or which is evidence of ownership or control by Fusao Yasumichi or Michitaro Yasumichi, the aforesaid nationals of a designated enemy country (Japan);and it is hereby determined:
3. That to the extent that the persons named in subparagraph 1 hereof are not within a designated enemy country, the national interest of the United States requires that such persons be treated as nationals of a designated enemy country (Japan).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 27, 1950.
For the Attorney General.[seal] Harold I. B aynton,
Assistant Attorney General, Director, Office of Alien Property.
[P. R. Doc. 51-636; Piled, Jan. 12, 1951; 8:58 a. m.]
[Vesting Order CE 487 ]
Costs and Expenses Incurred in CertainActions or Proceedings in a New YorkCourt
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it having been found:
1. That each of the persons named in Column 1 of Exhibit A, attached hereto and by reference made a part hereof, was a person within the designated enemy country or the enemy-occupied territory identified in Column 2 of said Exhibit A opposite such person’s name;
2. That it was in the interest of the United States to take measures in connection with representing each of said persons^hi the court or administrative action or proceeding identified in Column 3 of said Exhibit A opposite such person’s
[Vesting Order 16826]Kurt and Erika Ziegler
In re : Rights of Kurt Ziegler and Erika Ziegler under an annuity contract. File No. F-28-26811-H-l.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Kurt Ziegler and Erika Ziegler, whose last knpwn address is Germany, are residents of Germany and nationals of a designated enemy country (Germany);
2. That the net proceeds due or to become due under an annuity contract evidenced by Certificate No. 98 of Group Annuity Contract No. AC 240, issued by The Equitable Life Assurance Society of the United States, New York, New York, to Kurt Ziegler, and any and all other benefits and rights of any kind or character whatsoever under or arising out of
name, and such measures having been taken;
3. That, in taking such measures in each of such actions or proceedings, costs and expenses were incurred in the amount stated in Column 4 of said Exhibit A opposite the action or proceeding identified in Column 3 of said Exhibit A;
4. That each amount stated in Column 4 of said Exhibit A has been paid from the property which each of said persons obtained or was determined to have as a result \>f the action or proceeding identified in Column 3 of said Exhibit A opposite such person’s name and all of said amounts are presently in the possession of the Attorney General of the United States.
Now, therefore, there is hereby vested in the Attorney General of the United States, to be used or otherwise dealt with in the interest of and for the benefit of the United States, the amounts stated in Column 4 of said Exhibit A.
The term “designated enemy country” as used herein shall have the meaning prescribed in section 10 of Executive Order 9193, as amended. The term “enemy-occupied territory” as used herein shall have the meaning prescribed in rules of procedure. Office of Alien Property, § 501.6 (8 CFR, Cum. Supp., 503.6) .
Executed at Washington, D. C., on January 5, 1951.
For the Attorney General.[seal] Harold I. BayntOi»,
Assistant Attorney General,Director, Office of Alien Property.
said annuity contract except those of the aforesaid The Equitable Life Assurance Society of the United States together with the right to demand, enforce, receive and collect the same is property within the United States owned or controlled by, payable or deliverable to, held on behalf of, or on account of, or owing to, or which is evidence of ownership or control by Kurt Ziegler or Erika Ziegler, the aforesaid nationals of a designated enemy country (Germany);and it is hereby determined:
3. That to the extent that the persons named in subparagraph 1 hereof are not within a designated enemy country, the national interest of the United States requires that such persons be treated as nationals of a designated enemy country (Germany).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being
E xhibit A
Column 1 Column 2 Column 3 Column 4
Name Country or territory . Action or proceeding Sum vested
Item 1
Banque de Bruxelles S. A.
Herman Lodner vs. Banque de Bruxelles S. A. and The Chase National Bank of the City of New York. Supreme Court, New York County, N . Y. Docket No. 12594/1943.
$52.00
[P. R. Doc. 51-644; Piled, Jan. 12, 1951; 9:01 a. m.]
380 NOTICES
deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described above, to be held, used, administered, liquidated, sold or otherwise dealt with in the interest of and for the benefit of the 'United States.
The terms “national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on December 27, 1950.
For the Attorney General.[ seal] Harold I. Baynton
Assistant Attorney General, Director, Office of Alien Property.
[P. R. Doc. 51-637; Piled, Jan. 12, 1951;8:59 a. m.]
[Vesting Order 16935]
Nakazo Nishi et al.
In re: Real property and a claim owned by Nakazo Nishi and others. F-39-4215.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Nakazo Nishi and K. Iseri, each of whose last known address is Japan, are residents of Japan and nationals of a designated enemy country (Japan);
2. That the personal representatives, heirs, next of kin, legatees and distributees, names unknown, of Nakazo Nishi, who there is reasonable cause to believe are residents of Japan, are nationals of a designated enemy country (Japan);
3. That the property described as follows:
a. Real property situated in the City of Roseville, County of Placer, State of California, particularly described as Lot 11, in Block 23, as shown on that certain map entitled: Map No. 2 Roseville Heights, filed in the office of the Recorder of Placer County, California, January 9, 1907, in Book A of Maps at page 51, together with all hereditaments, fixtures, improvements and appurtenances thereto, and any and all claims for rents, refunds, benefits or other payments, arising from the ownership of such property, and
b. That certain debt or other obligation of F. A. Nagle, 316 Lincoln Street, Roseville, California, arising out of the net income by reason of collection of rent on the real property described in sub- paragraph 8i-a hereof, and any and all rights to demand, enforce and collect the same,is property within the United States owned or controlled by, payable or deliverable to, held on behalf of or on account of, or owing to, or which is evidence of ownership or control by, the
aforesaid nationals of a designated enemy country (Japan);and is hereby determined:
4. That to the extent that the persons named in subparagraph 1 and referred to in subparagraph 2 hereof are not within a designated enemy country, the national interest of the United States requires that such persons be treated as nationals of a designated enemy country (Japan).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest,
There is hereby vested in the Attorney General of the United States the property described in subparagraph 3-a hereof, subject to recorded liens, encumbrances and other rights of record held by or for persons who are not nationals of designated enemy countries, and
There is hereby vested in the Attorney General of the United States the property described in subparagraph 8-b hereof,
All such property so vested to be held, used, administered, liquidated, sold, or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on January 4, 1951.
For the Attorney General.[seal] Harold I. B aynton,
Assistant Attorney General, Director, Office of Alien Property.
[P. R. Doc. 51-642; Piled, Jan. 12, 1951;9:00 a. m.]
[Vesting Order 16936]
P aul Weiss et ux.
In re: Real property owned by Paul Weiss, et ux. F-28-21998.
Under the authority of the Trading With the Enemy Act, as amended, Executive Order 9193, as amended, and Executive Order 9788, and pursuant to law, after investigation, it is hereby found:
1. That Paul Weiss and Adele Weiss, his wife, each of whose last known address is Frankendorfer Str. Tanna Kreis/Schleiz, Germany, are residents of Germany and nationals of a designated enemy country (Germany);
2. That the property described as fol- ' lows: Real property situated in the Borough of Demarest, County of Bergen, State of New Jersey, particularly de- scribedin Exhibit A, attached hereto and oy reference made a part hereof, together with all hereditaments, fixtures, i m p r o v e m e n t s and appurtenances thereto, and any and all claims for tents,
refunds, benefits or other payments, arising from the ownership of such property,is property within the United States owned or controlled by, payable or deliverable to, held on behalf of or on account of, or owing to, or which is evidence of ownership or control by, the aforesaid nationals of a designated enemy country (Germany);and it is hereby determined:
3. That to the extent that the persons named in subparagraph 1 hereof are not within a designated enemy country, the national interest of the United States requires that such persons be treated as nationals of a designated enemy country (Germany).
All determinations and all action required by law, including appropriate consultation and certification, having been made and taken, and, it being deemed necessary in the national interest, :
There is hereby vested in the Attorney General of the United States, the property described in subparagraph 2 hereof, subject to recorded liens, encumbrances and other rights of record held by or for persons who are not nationals of designated enemy countries,
All such property so vested to be held, used, administered, liquidated, sold, or otherwise dealt with in the interest of and for the benefit of the United States.
The terms “national” and “designated enemy country” as used herein shall have the meanings prescribed in section 10 of Executive Order 9193, as amended.
Executed at Washington, D. C., on January 4, 1951.
For the Attorney General.[seal] Harold I. Baynton,
Assistant Attorney General, Director, Office of Alien Property.
Ex h ib it AAll those certain lots, tracts, or parcels of
land and premises, hereinafter particularly described, situate, lying and being in the Borough of Demarest in the County of Bergen and State of New Jersey, which on a certain map entitled “Map of property belonging to the Palisade Manor Co., Inc., at Cress- kill and Demarest, Bergen County, New Jersey,” Watson G. Clark, C. E., filed in the Bergen County Clerk’s Office, December 24, 1926, as Map No. 2193, are known and designated as lots numbered one (1), two (2), three (3), and four (4), the same being that certain property conveyed by deed given by Harry Meyers as Receiver of the Palisades Development Corporation under appointment of the Court pf Chancery dated February 24, 1931, and upon the express authority contained in an order of the Court of Chancery dated the 27th day of March 1931, authorizing said Harry Meyers, as Receiver of the Palisades Development Corporation, to execute such dee# confirming the deed made between the parties thereto on the 17th day of October 1927, and which confirmatory deed was dated March 4, 1931, and was recorded in the clerk’s office of the County Of Bergen on July 2,1932, in Liber 1841 of Deeds at page 46. ■'"*»[F. R. Doc. 51-643; Filed, Jan. 1£, 1951;
9:00 a. m.]