Federal Register: 16 Fed. Reg. 4915 (May 25, 1951). - Loc

ISTE IWashington, Friday, May 25, 7951

TITLE 6-AGRICULTURAL CREDIT

Chapter IV-Production and Market-ing Administration and CommodityCredit Corporation, Department ofAgriculture

Subchapter C-Loans, Purchases, and OtherOperations

11951 C. C. C. Grain Price Support Bulletin1, Supp. 2, Rye]

PART 601-GAsns AwD RELATED

SUBPART-1951-CROP RYE LOAN" ANDPURCHASE AGREME=N PROGRAM

SUPPORT RATESThe 1951 C. C. C. Gram Price Support

Bulletin 1 (16 F. R. 1987) issued by theCommodity Credit Corporation andcontaining the general requirementswith respect to price support operationsfor grains and related commodities pro-duced in 1951 was supplemented by 1951C. C. C. Grain Price Support Bulletin 1,Supplement 1, Rye (16 F. R. 3427) con-taming the specific requirements appli-cable to price support operations on ryeof the 1951 crop. These regulations arefurther supplemented as follows:

§ 601.1261 Support t es Basicsupport rates for rye placed under loanand for rye delivered under purchaseagreement are as set forth in this sec-tion.

(a) Basic support rates at designatedterminal markets. Basic support ratesare established for rye grading No. 2 orbetter, or No. 3 or better on the factor of,test weight only, but.otherwise gradingNo. 2 or better, stored in approved ware-houses at designated terminal marketsas follows:

Rate perTerminal market: bushel

Omaha, Nebr ................. $1.48Sioux City, owa ........... ----------- 1.48Kansas City, Mo ---------------- 1.50St. Joseph, Mo .....--------------- O. 0Minneapolis, Minn.--------------1.51Duluth, rminn.............. 1.51Superior, Wis ---------- 1.51Galveston, Tex ..---------------- 1.55Houston, Tex 1--------- -- 1.55New Orleans, La1.............. 1.55Chicago, 1 ........ . .55St. Louis, Mo ........ ------------- 1.55Memphis, Tenn .---------------- 1. 55Milwaukee. Wls .- --------------. 1.55Portland, Oreg ------------------ 1.58

Terminal market-Contnued bushelSeattle, ah. 01.53San Pranclsco, Calf -........... 1.63Los Angeles, Calif L53Astoria, Org.1.138Longview W ............ 1.53Tacoma, LUh ...... .3Vancouver, Wash ...... 1. 53Albany, N. Y ................ 1. CGPhiladelphia, Pa-......... 1. CGBaltimore, d ....-------------- 1. CONorfolk, Va..- 1. Co

(b) Baste county support rates. Thefollowing basic county support rates areestablished for rye grading No. 2 or bet-ter, or No. 3 or better on the factor ortest weight only, but otherwise gradingNo. 2 or better. Both farm-storage andcountry warehouse-storage loas will bemade at the support rate established forthe county In which the rye is stored.

countleA... o..

counties .......

counties--......

Rate Verbushel

for to. 2or better

01.3 9

CALrom.A

Rate perbushel

for No. 2County or better

Contra Costa. 1.46Lassen 1.28Los Angeles.. 1.45Madera ____ 1.41Merced ------ 1.43Modo ------ 1.20

Ri

County orPiumn ...

Scramento _.Shasta,SlcrraSinkl.you ....Stan1lau _ .

CoLo=0

Adams 0___ 01.20Archuleta -_ 1.0Baca -.......- 1.21Boulder ____ 1.20Cheyenne --- 1.21Denver ___ 1.20Dolores .--- 1.00Douglas ____ 1.20Elbert ------- 1.20El Paso--..... 1.20

owa. . 1.21Kit Carson. 1.21LarIlmer ____ 1.20

L"s AnirmiLincolnLcanMoffatMont-co-..MorganPhillips .-PuebloSedgwxlcl _Waetblngton -

Weld

counties----- . .. . .

counties ------(Continued on p. 4917)

CONTENTSAgriculture DepartmentSec Commodity Credit Corpora-

tion; Production and Market-ing Administration.

Air Force DepartmentDezignation of military com-

manders to Issue security ordersfor protection of property orplaces under their command(see Defense Department).

Alien Properly, Ofice ofNotices:

Vesting orders, etc..A. B. Svenska Handels-

bankenCredit Commercial de France,

S.A.---Credit Suise-----------Garcia, Louis arle Antoine.Rosenbaum, Paul ......Societe Ame. L''Atomic"___Swiss Bank Corp-------Tomoieda, Shozo .......Unversum-Flm A. G. et aLWelsbecker, Berthold, et aL_Millms, Christian

Fage

4957

495649554954953495949554952495249574951

Army DepartmentatcV pr Designation of military com-uhcZ manders to Issue security ordersrfo. 2 for protection of property orbetter*1. Q places under their command1.43 (.ec Defense Dep3rtment).1.33 Rules and regulations:1.23 Rezerve Officers' Training1.23 Corps; canmps__.... 49321.44!

Civil Aeronautics Board

01.20 Notice:1.20 Amercan Airlines, Inc., et a],1.20 Big Four mal rate proceeding1.o and eficlency Investigation;1.03 hearing-- - - 494-1.201.229 Commodity Credit Corporation1.20 Notices:1.02 Chairman of Production and1.201.-"3 11he~tig Admnsrtion

1.21 County Committee; delega-tion of authority with re-spect to executing leases forStorage structures-- - 494501 2 Rules and re-ulation~s:

Rye, 1951-crop; loan and pur-01.47 chase agreement proZram;

support rte..... 49154915

4916

FEIEHAItIREGISTER

Published daily, except Sundays, Mondaysand days following official Federal holidaysby the Federal Register Division, NationsArchives and Records Service, General Serv.ices Administration, pursuant to the authority contained in the Federal RegisteAct, approved July 26, 1935 (49 Stat. 500, aamended; 44 U. S. C., ch. 8B), under regulations prescribed by the Administrative Cornmittee of the Federal Register, approved b:the President. Distribution is made only b_the Superintendent of Ddcuments, Govern.ment Printing Office, Washington 25, D. C

The regulatory material appearing hereixis keyed to the Code of Federal Regulationswhich is published, under 50 titles, pursuantto section 11 of the Federal Register Act, aamended June 19, 1937.

The FEIDERAL REGISTER will be furnished bmall to subscribers, free of postage, for $1.51per month or $15.00 per year, payable iiadvance. The charge for individual copie(minimum 15) varies in proportion to thsize of the issue. Remit check or moneorder, made payable to the Superintendenof Documents, directly to the GovernmenPrinting Office, Wshington 25, D. C.

There are no restrictions on the republics,tion of material appearing in the FEER&REGISTER.

CODE OF FEDERALREGULATIONS

1949 Edition

POCKET SUPPLEMENTS(For use during 1951)

The following Pocket Supplements are nowavailable:

Title 7. Parts 210-899 ($1.50)Part 900 to end ($1.25)

Title 14: Part 400 to end ($0.45)Titles 30-31 ($0.35)

Previously announced: Titles 4-S ($0.35);Title 6 ($1.50); Title 7, Parts 1-209($0.75); Title 8 ($0.35); Title 9 ($0.25);Titles 10-13 ($0.30); Title 16 ($0.40);Title 17 ($0.25); Title 20 ($0.30); Title21 ($0.65); Titles 22-23 ($0.35); Title 25($0.25); Title 26: Parts 1-79 ($0.30);Pars 80-169 ($0.25); Parts 183-299($1.25); Title 26: Parts 300 to end; and

Title 27 ($0.30)

Order from Superintendent of Documents,Government Printing Office, Washington

25, D. C.

CONTENTS-Continued

Defense Dbpartment ragSee also Army Department.Notices:

Designation of military com-manders to issue securityorders for protection of prop-erty or places under theircommand ----------------- 494

L-r

yy

.t

RULES AND REGULATIONS

CONTENTS-Continued

Economic Stabilization AgencySee Price- Stabilization, Office of;

Wage Stabilization Board.Engineers CorpsDeslgnation of military com-

manders to issue security ordersfor protection of property orplaces under their command(see Defense Department)

Federal Civil Defense Adminis-tration

Rules and regulations:Definitions --------------Contributions for organifa-

tional eqmpment -----------Procedure for stopping or with-

holding payments under sec-tion 201 (i) of the FederalCivil Defense Act, 1950 .--

Federal Communications Com-0 mission

Notices:5e -Radio Broadcasting, Inc.ey (KTHS) application for con-t solidated hearing on stated

issues---------------- 4946Rules and regulations:

Amateur radio service; imscel-laneous amendments ------- 4939

Federal Power CommissionNotices:

Transcontinental Gas Pipe LineCorp., application for certifi-cate of public convenience-. 4947

Federal Security AgencySee Food and Drug Administra-

tion.

Federal Trade CommissionRules and regulations:

Automatic Voting MachineCorp. et al., order to ceaseand desist --------------- 4927

Fish and Wildlife ServiceRules and regulations:

Federal aid to States; restora-tion of game birds andmammals --------------- 4941

Food and Drug AdministrationRules and regulations:

Enforcement of the FederalFood, Drug, and CosmeticAct; imports and exports--. 4929

Home Loan Bank BoardRules and regulations:

Operations; unsecured loans;permitting larger loans guar-anteed or insured by FederalHousing Administration orVeterans' Administration --- 4930

Housing and Home FinanceAgency

See Home Loan Bank Board.

go Housing Expediter, Office ofRules and regulations:

Rent, controlled; housing androoms in rooming houses andother establishments; Cali-fornia, Illinois and Michigan. 4930

Interior DepartmentL5 See Fish and Wildlife Service.

CONTENTS-ContinuedPage Internal Revenue Bureau

Rules and regulations:Involuntary liquidation and re-

placement of inventoriesaccounted for on the last-In first-out basis:

Income tax; taxable years be-ginning after December 31,1941 ---------------------

Income tax under the In-ternal Revenue Code .....

Interstate Commerce Commis-sion

Notices:Applications for relJef:

Gums and resins fromCharleston a n d otherpoints in West Virginia toJersey City, N. J., andvicinity ------------------ 4948

Iron and steel from South toOhio River Crossings andSt. Louis, Mo ----------- 4947

Lumber from South to Illinois. 4947Printing paper from qertain

points to Minden, Nebr .... 4948Red c e d a r shingles, shakes,

and/or red cedar lumber;loading requirements ------ 4948

Rules and regulations:Rerouting of trafflc ......------- 4940

-Justice DepartmentSee Alien Property, Office of.

Labor DepartmentSee Public Contracts Division;

Wage and Hour Division.

Navy DepartmentDesignation of military cou-

manders to issue security ordersfor protection of property orplaces under their command(see Defense Department)

Price Stabilization, Office ofNotices:

Farrington Manufacturing Co.,ceiling prices at retail ------ 4945

Rules and regulations:Burlap (CPR 40) ----------- 4936

Imports (CPR 31) --------- 4930Pure nickel scrap, monel metal

scrap, stainless steel scrap,and other scrap materialscontalnifig nckel-(CPR 29).. 4936

Production and Marketing Ad-ministration

Proposed rule making:Peanuts; marketings, colleotion

of marketing penalties, rec-ords and reports for 1951-52 ------------------------ 4943

Pears, plums, and peachesgrown in California; expensesand the fixing of rates of as-sessment for 1951-52 season.. 4943

Rules and regulations:Alaska, special conservation

program, 1951, clearing wood-land for tillage ----------- 4920

Sugar, allotment' of quotas;Puerto Rico, 1951 --------- 4926

Tobacco, burley and flue-6ured;marketing quota, 1951-52.... 4920

Friday, May 25, 1951

CONTENTS-ConflnuQd

Public Contracts Division PProposed rule making:

Exemption from provisions ofWalsh-Healey Public Con-tracts Act of contracts forcertain canned fruits andvegetables ............... - 4943

Securities and Exchange Com-mission

Notices:Hearings, etc..

First Guardian SecuritiesCorp. et al --------- 4949

Ohio Power Co. et al..... 4949Ohio Power Co. and Central

Ohio Coal Co ------------ 4948Proposal to declare effective

plan for the disposal of cer-tam. documents:

Midwest Stock Exchange.... 4950Philadelphia-Baltimore Stock

Exchange -- -- - 4950San Francisco Stock Ex-

change ........---------- 4950

Tariff CommissionNotices:

Harley-Davidson Motor Co.'application for investigation.. 4950

Treasury DepartmentSee Internal Revenue Bureau.Enforcement of the Federal Food,

Drug and Cosmetic Act; im-ports and exports (see Food andDrug Administration)

Wage and Hour DivisionNotices:

Special Industry Committee No.10 for Puerto Rico; accept-ance of resgnations and ap-pointment of new members. 4945

Proposed rule making:Hand-braiding of leather but-

tons by homeworkers inPuerto Rico; minimum piecerate --------------------- 4944

Rules and regulations:Records to be kept by employ-

ers; industrial homeworkers_ 4932Wage Stabilization BoardRules and regulations:

Agricultural labor (GWR 11)_-_ 4938

CODIFICATION GUIDEA numerical list of the parts of the Code

of Federal Regulations affected by documentspublished in this issue. Proposed rules, asopposed to final actions, are Identified assuch.

Title 6Chapter IV*

Part601-Title 7Chapter VII.

Part '04-------- -Part 725Part 729 (proposed)

Chapter VIII.Part 814

Chapter IX.Part 936 (proposed) -------

Title 16Chapter I:

Part 3

FEDERAE REGISTER

CODIFICATION .GUIDE-ComTitle 21 Va oChapter It

Part 1..........4929Title 24Chapter I:

Part 145 ------ 4930Chapter V3Lz

Part 825 --..... -- 4930Title 26Chapter I:

Part 19 ....... 4931Part 29 ....... 4931

Title 29Chapter V"

Part 4932Part 681 (proposed)-.... 4944

Title 32Chapter V"

Part 562 ----------- 4932Chapter XVII.

Part 1701-- 4935Part 1703 ..............-- --- 4936

Title 32AChapter III (OPS)

CPR 29 - -..... - ----- 4936CPR 31 ---..... . . 4936CPR4 ...... 4936

Chapter IV (WSB)GWR 4938

Title 41Chapter II.

Part 201 (proposed) ----------- 4943Title 47Chapter I.

Part 12 ----- 4939Title 49Chapter I.

Part97 4940Title 50Chapter I.

Part 41 .... 4941

GEonmIcountie m ------

IDAHO

Rate pcrbusl

for Zo. 2County or better

Bingham 0___ 01.12...... 1.15

Kootenail --- 1.29Lincoln .... 1.16

Page Adams 01.35Alexander -- 1.37

4915 Bond 1.38Boone 1.38Brown L35Bureau 1.37

4920 Calhoun 1.394920 Carroll _ 1.3564943 Cas ___ 1.37

Champaign - 1.37Christian -_ 1.37

4926 Clark 1__ . L37Clay 1... L37

4943 Clinton, - . L39Coles --- 1.37Cook -------- 1.40Crawford -_ 1.36

4927 Cumberland 1.37

Ra

forort

te per,ZhelZ41o. 2

bctter01.17

nate p-rbudzhci


Oneida ____ 1.13Power __ . 15Shoshone ___ 1.27Wadington - 1.24

D~a alb-.... 01.39Da N71tt-_.. 1.37Dour'1"m 1.37Du Pago 1.40EdgZar __ L37Edward, ,- 1.37

ngbain . 1.37Fayetto - L37Ford __ 1.37Franklin -- 1.37Fulton __ 1.37Gallatin . L_ 133Greene . 1.38Grundy- 1.39Hamilton- 1.35Hancock - 1.34Hardin __ 1.33Hendercon __ 1.35

4917

Iau.o--Continued

Rate pcr Rate pserbuchcZ bLudel

for No. 2 for No. 2County or better County or better

Henry 01.36 Ifoultrle $1.37Iroquoi- 1.33 Ogle --- 1.33Jac]=on - 1.37 Peoria 1.37Ja p 1.37 Perry 1.37Jefferc 1.37 Platt 1.37J4ercy ___ 1.33 Pike .. . 1.33Jo DavlC__z 1.33 Pope. 1.35Johnson __ 1.34 Puli ___ 1.37

cane _ 1.40 Putnam 1.37Eankakee - 1.40 Randolph 1.37Mondall _ 1.39 Rlchiand 1.33Enox 1.13 Reck ITand__. 1.35Ta,' 1.40 Saint Clafr__ . .39la Salle.._ 1.33 Salne ___ 1.35LavTence 1.35 San m aon 1.37Ite ____ 1.37 Schuyler __ 1.35Livlnoaton 1.37 Sztt __ 1.37Logan - 1.37 Shelby - 1.37McIlnough 2.35 Stark 1.37M cHenry 1.39 Stephen-son - 1.35

ac _an, 1.37 Taz 'ell 1.37M!acon , 1.37 Union - 1.a7

LMacoupin 1.33 Vermilion 1.33Madicon 1.39 Wabash 1- 135

arlon 1__ .37 Warren 1.35Lfarhall -- 1.37 7ashington - 1.37

,_,on 1.37 Wayne L35L.Ac-- 1.36 Vnlte 1.34LUnard 1.37 Whiteside __ 1.36Lrcer L35 viml ___ 1-43Mionroc - 1.39 Villamazon 1.37Montgomery - 1.33 WImnebo, 1.37Morgan __ 1.37 WNcodford __ 1.37

TII&NA

AdamsaAllenBartholomew..BlackiordBooneBrown-Carroll

ClarkClay --

Clinton -

CrawfordDavleu ___

Da Halb.....

DalawareDuboL

FayetteFloydFountainFranklin --FultonGlbzonGrantGrecne.71anilton --

HancockHarri-on --

Hendrica .-Henry ____Howard ___HuntingtonJack-onJ--p=_--JayJefferconJ nninZ;aJohnaon._

Xo:chuZ1o -

Lagrango

Ia Porte....Lawzence -

01.321.321.321.341.331.331.371.351.341.351.351.231.321.321.311.331.321.231.341.321.321.331.331.3261.351.331.361.341.321.301.331.332.341.331.321.391.331.34L31L361.351.311.331.391.381.34

Madlson-___ $1.33Marion __ 1.33Marshall- 1.35Martin 1.31_iami 1.34+Monr e 1.34Montgomery- 1.36Morgan 7 1.36Newton. 1.39lloble 1.33Ohio 1.31Orange 1.35Owen 1.35Parke 1.33Perry 1. 27.ike __ 1.30Porter 1.39Pozey 1.37Pulmk! __ 1.33Putnam 1.3sRandolph 1.33Ripley --- 1.31Rush ___ 1.32Saint Jczeph_ 1.33Sntt ____ 1.32Shelby 1.32Spencer 1.27Starke 1.33Steuben 1.32Sullivan 1.37Switzerland _ 1.27Tippecanoe 1.37mlpton. 1.33Union .... 1.33Vanderburgh_ 1.35Vermillion - 1.33Vigo .... 1-37Wabash L___ 1Warren 1.37Varrlck _ 1.23Washlngton - 1.35Wayne 1.32Wells __ 1.32White 1.33Vihitley f.3 _

IOWA

A .a . $1.30 Appano=an _5 01.=Adams. 1.30 Audubon - 1.31Allaake __ 1.31 BEnton ___ I.2

RULES AND -REGULATIONS

79OWA-ContinuedRate perbushel

for No. 2County or bejter

Black Hawk. $1.31Boone ------ 1.29Bremer ---- 1.30Buchanan --- 1.32Buena Vista.. 1.29Butler ------- 1.30Calhoun ---- 1.29Carroll ------ 1.31Cass --------- 1.31Cedar -------- 1.34Cerro Gordo_. 1.31Cherokee ____ 1.29Chickasaw -_ 1.30Clarke ------ 1.30Clay -------- 1.30Clayton -- 1.32Clinton --- 1.35Crawford ---- 1.32Dallas ------ 1.29Davis ------- 1.33Decatur ---- 1.30Delaware ---- 1.32Des Moines-. 1.34Dickinson _ 1.30Dubuque ---- 1.33Emmet ------ 1.31Fayette -- . 32Floyd ------- 1.31Franklin ---- 1. 30Fremont ---- 1.33Greene ------ 1. 29Grundy. .-- 1.30Guthrie --- 1.30Hamilton --- 1.29Hancock ---- 1.31Hardin ------ 1.30Harrison .--- 1.33Henry ------- 1.33Howard -- 1.31Humboldt --- 1.30Ida --------- 1.30Iowa -------- 1.32Jackson --- 1.34:Jasper ------- 1.30Jefferson ---- 1.32Johnson ---. 33Jones ------- 1.34

MlcWnGA

Rate perbushel


Keokuk ---- $1.31Kossuth ... 1.30Lee --------- 1.33Linn -------- 1.33Louisa ------- 1.33Lucas -------- 1.30Lyon -------- 1.28Madison ---- 1.29Mahaska .... 1.31Marion ------- 1.30Marshall ____ 1.30Mills --------- 1.34Mitchell ... 1.31Monona --- 1.32Monroe --- 1.31Montgomery - 1.33"Muscatine .. 1.34O'Brien 1.29Osceola --- 1.30Page --------- 1.32Palto Alto_.. 1.30Plymouth --- 1.30Pocahontas _ 1.29Polk ------- 1.30Pottawattamie 1.33Poweshiek _ 1.31Ringgold ---- 1.29Sac ---------- 1.29Scott -------- 1.35Shelby ------ 1.32Sioux ------- 1.29Story ------- 1.30Tama ------- 1.31Taylor ------ 1.31Union ------ 1.30Van Buren_ 1.33Wapello --- 1.31Warren --- 1.30Washington 1.32Wayne ------ 1.31Webster --- 1.29Winnebago _.Winneshiek _Woodbury ---Worth .....Wright -----

KANSAS

Anderson ---Cherokee ----Cheyenne ---Clay ........Cloud -----Comanche ---Cowley .....Crawford ----Decatur ....Dickinson ---Douglas ....Edwards ----Elsworth ---Finney .....Ford ........Franklin ----Graham ----Grant .....Gray --------Greenwood -_Harvey .....Jefferson ----Johnson ----Kiowa .....Labette ....LeavenworthLincoln ....

$1.331,311.221.301.291.251.281.321.251.281.341.271.281.241.251.341.261.231.251.311.281.341.351.211.311.361.28

Lyon ......Marion .....Meade .....Morris .....Osage .....Osborne ....Ottawa .....Pawnee ----PottawatomiePratt ......Rawlins ....Reno ......Riley .-------Rooks .....Rush .....Russell .....Saline .....Sedgwick ----Seward .....Shawnee ----Sheridan ----Stafford ....Stevens ....Trego .....Wabaunsee -_Wallace ....

KENTUCKYAll counties ---------------- - -------

LOUiSIANA

All counties u nt..........e.........

MARYLANDAll counties....................---

Rate perbushel


Alcona ------ $1.2&Alger -------- 1.25Allegan ---- 1.32Alpena ------ 1.25Antrim --- 1.24Arenac ------ 1.25Baraga ------ 1.27Barry ------- 1.31Bay --------- 1.30Benzie ------ 1.25Berrien 1.34Branch 1.32Calhoun 1.33Cass -------- 1.34Charlevoix --- 1.23Cheboygan -_ 1.23Chippewa .... 1.22Clare --------- 1.28Clinton 1.31Crawford ---- 1.24Delta ------- 1.27Eaton -------- 1.31Emmet ------ 1.23Genesee_. - ... 1.32Gladwin --- 1.28Grand Traverse 1.25Gratiot ---- 1.31Hillsdale .... 1.32Huron -------- 1.30Ingham --- 1.31Ionia ------- 1.31losco --------- 1.25Isabella --- 1.29Jackson --- 1.32Kalamazoo -_ 1.34Kalkaska ---- 1.25Kent --------- 1.31Lake -------- 1.27Lapeer ------ 1.32

Rate perbushel


Leelanau ---- $1.24Lenawee ---- 1.34Livingston --- 1.31Luce --------- 1.22Mackinac ... -1.22Macomb --- 1.34Manistee ---- 1.26Marquette --- 1.26Mason ------- 1.28Mecosta - 1.28Menominee -_ 1.29Midland --- 1.30Missaukee -- 1. 26Monroe - 1. 1 35Montcalm --- 1.30Montmorency. 1.23Muskegon --- 1.30Newaygo ---- 1.29Oakland --- 1.33Oceana ------ 1.28Ogemaw --- 1.28Osceola ---- 1.26Oscoda ------ 1.25Otsego ------- 1.24Ottawa ------- 1.31Presque Isle.. 1. 23Roscommon - 1.25Saginaw --- 1.31Saint Clair_.-- 1.34Saint Joseph. 1.33Sanilac ---- 1.31Schoolcraft _ 1.23Shiawassee 1.31Tuscola --- 1.31Van Buren.. 1.33Washtenaw -_ 1. 34Wayne ------ 1.35Wexford 1.25

MINNESOTA

1.31 Atkin ---- $1.351.31 Anoka ------- 1.371.30 Becker ------- 1.301.31 Beltraml .... 1.301.30 Benton ---- 1.34

Big Stone _. 1.31Blue Earth_. 1.34Brown ------ 1.33Carlton --- 1.36

$1.31 Carver ------ 1.371.28 Cass -------- -1.331.24 Chippewa -. 1.321.29 Chisago --- 1.361.32 Clay ........ 1.301.28 Clearwater _. 1.301.28 Cottonwood 1.321.27 Crow Wing_... 1.331.32 Dakota ---- 1.371.27 Dodge -------- 1.341.24 Douglas --- 1.321.28 Faribault .. 1.321.31 Fillmore .... 1.311.27 Freeborn ... 1.331.27 Goodhue ---- 1.351. 27 Grant ....... 1. 321.28 Hennepin -. 1.381.28 Houston -.... 1.311.23 Hubbard ---- 1.311.32 Isantl ------- 1.351.25 Itasca ------- 1.321.27 Jackson --- 1.311.23 Kanabec .... 1351.26 Kandiyohi __. 1.341.31 Kittson - 1.261.23 Koochiching - 1.28

Lac qul Parle. 1.31Lake ----- -1.36Lake of the

$1.38 Woods .. -1.28Le Sueur-.. 1.35

$1.28 Lincoln - 1..31Lyon -------- 1.32MIcLeod --- 1.35

$1.42 Mahnomen __ 1.29

Marshall ....-- $1.28Martin ------ 1.32Meeker -. 1.35Mille Lacs -. 1.34Morrison .... 1.33Mower ------ 1.33Murray ------ 1.31Nicollet --- 1. 35Nobles ------- 1.30Norman ____ 1.29-Olmsted --- 1.33Otter Tail._. 1.31Pennington - 1.29Pine ........ 1.34Pipestone _.. 1.31Polk -------- 1.29Pope -------- 1.33Red Lake .... 1.29Redwood .... 1.33Renville --- 1.34Rice -------- 1.35Rock --------- 1.30Roseau ---- 1.27Saint Louis_. 1. 34Scott -------- 1.37Sherburne .. 1. b6Sibley ------- 1.35Stearns --- 1.34Steele -------- 1.34Stevens --- 1.32Swift ------- 1.33Todd ........ 1.33Traverse .... 1.31Wabasha .... 1.34Wadena -- 1.32Waseca -- 1.34Wfqshington 1.37Watonwan _. 1.33Wilkin ------ 1.30Winona 1.33,Wright ------- 1.36Yellow Medi-

cine ------ 1.32

All 4.MmiSSxssPm

Rate perbushel

for No. 2or better--- $1.30

Missouss

Rate perbushel


Adair -------- $1.34Cass -------- 1.35Cedar -------- 1.31Clark ------- 1.34Cole -------- 1.35Cooper ------- 1.34Dunklin .... 1.32Grundy --- 1.32Knox --------- 1.34Linn -------- 1.33Macon ------ 1.34Marles ------- 1.36

MONTANA

Beaverhead _ $1.09 MacBig Horn --- 1.07 MenBlaine ------ 1.12 MinBroadwater -_ 1.16 MisCarbon ------ 1.14 MuCarter ------- 1.16 ParCascade --- 1.16 Pet]Chouteau .. 1.16 PhiCuster ------ 1.14 PonDaniels - 1--- 1. 12 PowDawson 1.15 PovDeer Lodge _ 1.16 PraFallon ------ 1.16 RaFergus ------ 1.16 RicFlathead 1-- 1. 20 RocGallatin 1.16 RosGarfield --- 1.11 SanGlacier ------- 1.17 SheGolden Valley 1.16 SIlIGranite --- 1.17 StilHill --------- 1.16 SwcJefferson ---- 1.16 TotJudith Basin. 1.16 TocLake -------- 1.20 TreLewis and Vall

Clark ---- 1.16 WhLiberty --. --- 1.16 WIt,Lincoln --- 1.22 YelMcCone --- 1.15

NEBRASKA

Adams ---- $1.28 GalAntelope ---- 1.28 GarArthur ------ 1.22 GarBanner - 1--- 1. 18 GosBlaine ------ 1.25 GraBoone --------. 30 GreBox Butte --- 1.21 HalBoyd --------- 1.26 HanBrown -------- 1.24 HEarBuffalo ------ 1.28 HayBurt --------- 1.32 HiteButler ------- 1.32 HolICass -------- 1.33 HooCedar ------- 1.28 HowChase --------. 22 JeffCherry ------ 1.23 JobCheyenne ---- 1.20 KeaClay --------- 1.28 KeIColfax ------- 1.32 KeyCuming --- 1.32 KimCuster ------- 1.26 KnDakota ------ 1.30 LanDawes --------. 19 LlnDawson --- 1.26 LogDeuel -------- 1.21 LouDixon ------- 1.29 McDodge ------- 1.33 MadDouglas --- 1.34 MerDundy ------- 1.21 MorFIllmore ---- -,1.30 NanFranklin ---- 1.27 NeFrontier --- 1.25 NucPurnas ------ 1.26 Oto

Rate perbushel


Moniteau .... 1L34Morgan ...... 1.33Nodaway ---- 1.32Pettis ------- 1.33Pike -------- 1.30Putnam --- 1.30Saint Francois 1. 37Saline -------- 1.33Schuyler ____ 1.33Scott 1 .34Worth.:....J: 1.31

dlson ....igher ----eral ....

soula ....sselshell ..k .... ....

roloum ...Ilips ....Idera .....

vder River.;ell..

Irlo .....¢alli ------

hland ....'sevelt ----ebfid.Ides -----

rldan __or Bow...lwater ...et Grass..on .----Ile.----asuro ....ley .....eatland ..~aux.---iowstono -

don ......

field ....per .....nt .....cloy -----

hilton ----Inn ......Tes -------eheoek ---t .......-)ker ------card ------orson ----nson -----lrney -----

th........

a Paha..aball -----

caster ....

Coln .....au ........orson _Ison ....• ick...rill ------Cc .......aaha -----kolls ....

0 ........

$1.101.101.201.101.141.101.101.111.101.151.17

1.07* 1.10

1.101.121.221.161.101.101.10

* 1.101.101.111.12

* 1.101.171.14

$1.311.211.271.201.231.201.201.301.201.231.231.271.231.281.301.311.271.211.251.201.271.331.241.251.271.241.301.301.101.301.311.281.32

4918


N1sL--&-ContlnuedBate perbushel

for No. 2Count . or better

Pawnee $1,31Perkins 1.22Phelps 1.27Pierce 1.29Platte 1.31Polk ---- 1.30Red Willow _. 1.25Richardson -. 1.32Rock .... 1.25Saline ----.- 1.31Sarpy ---- 1.34Saunders --- 1.33Scotts Bluff - 1. 18Seward 1.32

Bate perbushel


Sheridan L... $1.21Sherman ---- 1.28Sioux 1.18Stanton --- 1.31Thayer 1.29Thomas 1.24Thurston ---- 1.32Valley ------- 1.27Washington - 1.33Wayne 1.29Webster . 1.27Wheeler 1.29York --------- 1.30

NEVADAElko -------- $1.14 Lander ---- $1.14Eureka- ---- 1.14 Washoe ---- 1.28Humboldt -- 1.21

NEW JERSEY

All counties --------------------- $1.42NEW 2xico

Rate perbushel


Bernalillo --- $1.14Catron...... 1.01Chaves 1.16Colfax 1.13Curry ------- 1.19De Baca - 1.17Eddy -------- 1.15Grant .97Guadalupe - 1.10Harding 1.09Hidalgo 1.03Lea --------- 1.19Luna ...... 97

Rate perbushel


McKinley --- ,$0.97Mora .... 1.03

(:uay -------- 1.19Roosevelt -- 1.19Sandoval ---- 1.08San Juan ... -1.00San Miguel - 1.09Santa Fe .... 1.07Sierra 1.05Socorro ---- 1.11Torrance ---- 1.13Union -------- 1.13Valencia --- 1.05

NEw YoanAll counties ------- ......-------- $1.43

NoRTH CAEOLnaAAll counties . $1.47

NoR= DAHOTA

Rate perbushel

for o. 2County or better

Adams $1.20Barnes 1.28Benson ---- 1.25Billings ---- 1.20Bottineau --- 1.21Bowman ---- 1.19Burke -- 1.21Burleigh ---- 1.21Cass 1.29Cavalier 1.24Dickey 1.27Divide ------ 1.19Dunn ----.- 1.20Eddy -------- 1.26Emmons ---- 1.24Poster 1.26Golden Valley. 1.18Grand Forks. 1.27Grant --- 1.21Griggs - - 1.27Hettinger ---- 1.21Ridder ------ 1.25La Idoure .... 1.26Logan ------ 1.25mcnenry ---- 1.23McIntosh 1.24McKenzie __. 1.18

Rate perbushel


McLean $1.23Mercer ------- 1.21Morton 1.22Mountral - 1.21Nelson ------ 1.2Oliver ------- 1.22Pembina 1 .25Pierce 1. 23Ramsey 1.25Ransom --- 1.28Renville 1.21Richland 1 .30Rolette -... . 1:23Sargent 1.29Sheridan 1.24Sioux 1.22Slope .. 1.20Stark 1.21Steele -----. 1.23Stutsman --- 1.27Towner ---- 1.24Traill ------- 1.28'Walsh ------- 1.26

Ward 1.21Wells 1.25Williams ---- 1.20

Orno

Ashtabula --- $1.39 Crawford ---- $1.386Butler 1.34 Fayette 1.34Clark ... 1.34 "Hancock 1.86Clermont - 1.34 Huron 1.36Clinton --- 1.34 Licking --- 1.36

FEDERAL REGISTER

OHm--Continucd

Rate perbushel


Lorain $1.37Lucas 1.36L.ahoning -- 1.33

fiami -------- 1.34Montgomery - 1.34Pickaway --- 1.35Pike - 1.34

4919

So= D=ixoTA--Continu-d

Rae perbushel

for 10. 2County or better

Portago $1.37Putnam 1.34Richland - 1.37Sanduty -- 1.36Seneca 1.30Stark 2.37

OMAHOM"A

Adair $1.26Alfalfa 1.23Atoka 1.20Beaver 1.19Beckham --- 1.18Blaine - 1.20Bryan ---- 1.17Caddo ------- 1.19Canadian --- 1.20Carter 1.17Cherokee --- 1.26Choctaw ---- 1.17Cimarron --- 1.17Cleveland -. 1.20Coal ---- 1.20Comanche 1.18Cotton -- 1.17Craig 1.30Creek -----. 1.25Custer 1.19Delaware -- 1.27Dewey .19Ellis ------- 1.19Garfield 1.25Garvln 1.18Grady 1.19Grant --- 1.25Greer 1. 17Harmon --- 1.17Harper 1.. . 1 21Haskell -- 1.2Hughes 1.22Jackson 1.17Jefferson 1.17Johnston --- 1.19Kay ....... 1.20

lngflsher=.... 1.22EMowa 1.18Latimer 1.22

OMBaker ----- $1.28Benton ---- 1.41Clackamas -- 1.44Clatsop 1.41Columbia -- 1.43Crook ------ 1.30Deschutes -- 1.26Douglas ---- 1.35Gilliam --- 1.41Grant ------ 1.40Harney 1.19Hood River. 1.43Jackson ---- 1.30Jefferson ---- 1.38Josephine 1.31Mamnth -- 1.30

LeFlore $1.22Lincoln 1.22Logan 1.23Lvo ------. 1.17McCnin ..- 1.20lcCurtain - 1.17McInto:h 1.23Major ------ 1.22Marzshall - 1.18Lyes 1.- L28Murray .---- 1.18LluZ.-ozco _ 1.2511oble 1.25N1o.tat . 1.20Okf uco -- 1.23Ohlahoma -- 1.21O-mulco _- 1.25O-aZo 1.27Ottawa 1.23Pawnco 1.23Payne -- 1.23Pittsburg - 1.22Pontotoc ---- 1.20Pottaratomlo 1.20Puthmatab .19Roger Mill. 1.18Rogers ---- L28Seminole -- 1.22Scquoyah --- 1.25Stcphens -- 1.18Texas 1.19Tlllman --- 1.17Tul . 1.23Wagoner ---- 1.27

'Waohlnton - 1.23Warhlta ---- 1.19lcd ---- 1.23

Wccdvard - 1.21

Like ....... 01.22I.4mo ... .10LAn .41

Malheur 1.23Marion 1.43Morrow 1.40Multnomah 1.45Polk --------- 1.42Sherman ---- 1.42Umatilla --- 1.35Union -------- 1.2Wallowa ---- 1.23Waco --- 1.42Waahington - 1.44Yamh1 --- 1.43

PrsJFS1hvArnAAll counties- ..----- ---- $1.42

Sourn ChnOLn.AAll counties_ ------..... $1.47

SOUTH D.XSOTA

Rate perbushel


Aurora --.... 01.25Beadle..... 1.23Bennett 1.22Bon Homme__ 1.27Brookings --- 1.30Brown ------- 1.28Brule -...-- 1.25Buffalo 1.26Butte 1.16

Bate Verbushelz

for N o. 2County or better

Campbell $-- 01.25Charles .x.... 1.28

Clay ------ 1.30CcdlnLton -- 1.30Coron 1.22Custer ._. 1.17Davicon _ 1.21Day -------- 1.23

Bate perbuchJeZ

for Z10. 2County, or better C

Dzuel 01.30 McPDaway 2..... °I.22Douglas -- 1.26 Mea-Edmunla s - 1.27 M llFall River.. 1.18 M inFaulk 1.27 MinGrant 1.30 mooGregory - 1.20 PanITanon 1.21 PcrHamlln _. 1.30 PottHand ..... 1.27 RobHnon 1.23 San]Harding 1.20 ShdHughes.... 1.25 SplrHutcbln on 1.27 StHyde -- 2- SuJckon l 1.20 TodJcrauld _.. 1.27 TripJones --- 1.21 TunEMnrbury -- 1.23 UntLaIthe --- 1.23 WalLawrence 1.18 VE 'aLincoln__ 1.23 TeoeLyma. 1.22 ZiebMcCol_ 1.23

Bate perbuzhel

far No. 2ounty or better"arn $1.23

de 1.18ette 1.21er - - 1.23nehaha L'123dy ---- 1.29"ington - 1.13113 ___L 2c)er ---- 1.25arts -- 1.23orn 1.23

nnon ---- 1.21: - 1.23

hey 1.23ly £ _ 1.25d .... 1.24

'p ....- 1.25er -- 1.23-on --- 1.3C)orth -- 1.25

babaugh - 1.20Lon _ 1.23ach 1.20

$1.40

Ttxrs

Rate perbuchel

for io. 2County or better

Armatrong _- 01.20B3Mley 1.20Eastrap -- .28Burden __ 1.20BAque. 1.27Bro= wn 1.25Callahn" 1.22ChlldrCss - .20Coleman -- 1.24Colllngworth 1.20Concho -- 1.22Coryell - 1.23COttle 1.20Dalm- 1.17D son .... 1.20Drc n - 1.20Eatland 1.24Brath -- 1.26Fisher 1.20Floyd 1.20Fo rd 1.20Gaine3 1.20G1=ccck -_ 1.20Groayon -- 1.25Hall 1.20HImilton - 1.27Hansford -- 1.18Hardeman . L20

H=-Cl - 1. 20Hcche" CY L20Hzod 1.26Howard 1.23Hutchlnson - 2.18

Bate perbushel

for No. 2Count J or better

Jack - -$1.23

Jones - 1.20lKent - - L20Ximble - 1.24Zing -- 1.20Lubbock -- 1.20MicCulloch 1.25Z-ou --- _ 1.23Maverick --- 1.17

Mitchell 1.20Navarro - 1.30Ilolan __ 1.20Parmer 1.23Pe os L16Potter 1.20Randall 1.23Rea31 1.22San Saba _- 1.27Scurry --- 1.20Stephens L22Stonewall .- 1.20Swsher 1.20Taylor 1.2,Terry 1. - 23Tom Green - 1.20Ward --- 1.17Wheeler 1.23Wichita 2- 120Wilbarger - 1.23"eaToum -- 1.20Young ---- 1.23

UTAH

Eas Elder -- $1.11 Sampate- 31.10Duchesne. 1.11 Tosle l _- 1.1Juab - - 1.11 Ulntah-- 1.11Millard Cut_ 11.4

All Counti 1.4

rate perbuhel

for No.2County! or better

Clark .... $L.15Cowlltz 1.43-Dauglas 1.30Ferry 1.28

Rate perbushel

for Nro. 2County or bctter

Adam- $1.32Aot n. L31Eanton 1.36Chelan. 1.34

4920

WAS mNGTo--Continued

Rate perbushel


Franklin --..- $1.33Garfield --- 1.34Grant ------- 1.31King -------- 1.44Kittitas --- 1.37Klickitat ---- 1.42Lincoln 1. 31

Rate perbushel


Okanogan --- $1.30Pierce ------- 1.43Spokane --- 1.30Stevens 1. 29Walla Walla - 1. 35Whitman --. 1. 30

WEST VIRGINIAAll counties ---------------------- $1.42

WISCONSIN

Rate perbushel


Adams ---- $1.33Ashland - 1---. 32Barron ------- 1.33Bayfleld 1.33Brown ------- 1.34Buffalo ------ 1.33Burnett - 1.34Calumet ... 1.35Chippewa --- 1.32Clark -------- 1.31Columbia --- 1.34Crawford ---- 1.32Dane --------- 1.36bodge ------- 1.36Door -------- 1.31Douglas --- 1.36Dunn -------- 1.34Eau Claire.- 1.33Florence --- 1.30Fond du Lac_. 1.36Forest -------- 1.30Grant ------- 1.33Green -------- 1.36Green Lake-. 1.35Iowa --------- 1.34Iron --------- 1. 30Jackson --- 1.32Jefferson ---- 1.36Juneau --- 1.34Kenosha ---- 1.40Kewaunee --- 1.32La Crosse .... 1.32Lafayette ,._. 1.35Langlade ---- 1.31Lincoln --- 1.30Manitowoc __ 1.35

Rate perbushel


Marathon -. $1.32Marinette -. 1.31Marquette 1.34Milwaukee .... 1.39Monroe ---- 1.33Oconto ------ 1.32Oneida 1.30Outagamle __ 1.34Ozaukee --- 1.36Pepin. -------- 1.33Pierce ------- 1.35Polk -------- 1.35Portage --- 1.33Price -------- 1.31Racine ------ 1.41Richland ---- 1.33Rock -------- 1.37Rusk -------- 1.32Saint Croix_.-- 1.36Sauk -------- 1.34Sawyer ------ 1. 33Shawano .... 1.33Sheboygan -_ 1.36Taylor ------ 1.31Trempealeau- 1.32Vernon ------ 1.32Vilas -------- 1.28Walworth -. 1.37Washburn -.- 1.34Washington - 1.36Waukesha --- 1.37Waupaca ---- 1.33Waushara -. 1.34Winnebago -_ 1.34Wood ------- 1.33

WYOLnTo

Albany - $---- $1.06Big Horn .... 1.01Campbell 1-- 1. 12Carbon ------ 1.04Converse ---- 1.11Crook -------- 1.14Fremont .... 1. 02Goshen - 1--- 1. 18Hot Springs-. 1.01Johnson --- 1.10Laramie --- 1.18Lincoln ---- 1.05

Natrona ---- $1.08Niobrara ---- 1.14Park --------- 1.01Platte ....... 1.15Sheridan ... -1.09Sublette --- 1.06Sweetwater _ 1.06Teton -------- 1.01Uinta ------- 1.06Washakie ... -1.01Weston .... 1.14

(See. 4, 62 Stat. 1070, as amended; 15 U. S. 0.Sup., 714b. Interprets or applies sec. 5,62 Stat. 1072, sees. 301, 401, 63 Stat. 1053;15 U. S. C. Sup., 714c, 7 U. S. C. Sup., 1447,1421)

Issued this 22d day of May 1951.

[SEAL] JOHN H. DEAN,Acting Vice President,

Commodity Credit Corporation.Approved:

HAROLD K. HILL,Acting President,

Commodity Credit Corporation.[F. R Doc. 51-6054; Filed, May'2 , 19511

8:51 a. in.]


TITLE 7-AGRICULTUREChapter VII-Production and Mar-

keting Administration (AgriculturalAdjustment), Department of Agri-culture

[1061 (Alaska 51)-1, Supp. 1]PART 704-SPEcIAL AGRICULTURAL

CONSERVATION PROGRAM; ALASKA

SUBPART-1951

Pursuant to the authority vested in theSecretary of Agriculture under sections7-17 of the Soil Conservation and Do-mestic Allotment Act, as amended, the1951 Special Agricultural ConservationProgram; Alaska, issued November 1,1950 (15 F R. 7430) is amended asfollows:

Section 704.21 is amended by revisingthe second sentence to read as follows:

§ 704.21 Practice 11. Clearing wood-land for tillage. * * * Payment willnot be approved for clearing more thanfive acres on any farm during the 1951program year, and approval will not begiven for clearing in excess of 30 acres onany farm under all programs. * * *(See. 4, 49 Stat. 164; 16 U. S. C. 590d. Inter-prets or applies secs. 7-17, 49 Stat. 1148, asamended; 16 U. S. C. 590q-590c)

Done at Washington, D. C., this 22dday of May 1951.

[SEAL] CHARLES F. BRANNAN,Secretary of Agriculture.

[F. R. Dc. 51-6052; Filed, May 24, 1951;8:51 a. m.]

J11026 (Burley and Flue-51)-l]

PART 725-BURLEY AND FLuE-CUREDTOBACCO

MARKETING QUOTA REGULATIONS; 1951-52MARKETING YEAR

Sec.725.230725.231725.232725.233

GENERAL

Basis and purpose.Definitions.Instructions and forms.Extent of calculations and rule of

fractions.

FARM MARETING QUOTAS AND L RLETINGCARDS

725.234725.235725.236725.237725.238

725.239725.240725.241

Amount of farm marketing quota.No transfers.Issuance of marketing cards.Person authorized to Issue cards.Rights of producers in marketing

cards.Successors in interest.Invalid cards.Report of misuse of marketing

cards.

LMARKETING OR OTHER DISPOSITION OF TOBACCOAND PENALTIES

725.242 Extent to which marketings from afarm are subject to penalty,

725.243 Disposition of excess tobacco.'725.244 Identification of marketings.725.245 Rate of penalty..725.246 Persons to pay penalty.,725.247 Marketings deemed to be excess

tobacco.725.248 Payment of penalty.725.249 Request for return of penalty.

RECORDS AND REPORTSSec.725.250 Producer's records and reports."i25.251 Warehouseman's records and re-

ports.725.252 Dealer's records and reports.725.253 Dealers exempt from regular records

and reports.725.254 Records and reports of truckers and

persons redrying, prizing orstemming tobacco.

725.255 Separate records and reports frompersons engaged in more than onebusiness.

725.256 Failure to keep records or makoreports.

725.257 Examination of records and reports.725.258 Length of time records and reports

to oe kept.725.259 Information confidential.725.260 Redelegation of authority.

AUrHOaR=y: §§ 725.230 to 725.260 issuedunder sec. 375, 52 Stat. 66; 7 U. S. C. 1375.Interpret or apply 52 Stat. 38, 47,48, 65, 66, asamended; 7 U. S. C. 1301, 1313, 1314, 1372,1373, 1374, 1375.

GENERAL

§ 725.230 Basis and purpose. Sec-tions 725.230 to.725.260 are issued pur-suant to the Agricultural AdjustmenbAct of 1938, as amended, and govern theissuance of marketing cards, the 'identi-fication of tobacco, the collection and re-fund of penalties, and the records andreports Incident thereto on the market-ing of Burley and flue-cured tobaccoduring the 1951-52 marketing year.Prior to preparing §§ 725.230 to 725.260,public notice (16 F R. 3588) of theirformulation was given in accordancewith the Administrative Procedure Act(5 U. S. C. 1003) The data, views andrecommendations pertaining to §§ 725.-230 to 725.260, which were submittedhave been duly considered within thelimits permitted by the AgriculturalAdjustment Act of 1938, as amended,

§ 725.231 Definitions. As used In§§ 725.230 to 725.260, and in all Instruc-tions, forms, and documents in connec-tion therewith, the words and phrasesdefined in this section shall have themeanings herein assigned to them un-less the context or subject matter other.wise requires.

,(a) "Act" means the Agricultural Ad-justment Act of 1938, as amended.

(b) "Carry-over" tobacco means, withrespect to a farm, tobacco producedprior to the beginning of the calendaryear 1951, which has not been marketedor which has not been disposed of un-der § 725.243.

(c) Committees: (1) "Communitycommittee" means the group of personselected within a community as the com-munity committee of the Production andMarketing Administration to assist inadministering the Production and Mar-keting Administration programs withinthe community.

(2) "County committee" means thegroup of persons elected within a countyas the county committee of the Produo.tion and Marketing Administration toassist in administering the Productionand Marketing Administration pro-grams within the county.

(3) "State committee" means thegroup of persons designated as the Statecommittee of the Production and Mar-


keting Administration, charged with theresponsibility of administering Produc-tion and Marketing Administration pro-grams within the State.

(d) "Dealer" or "buyer" means a per-son who engages to any extent in thebusiness of acquiring tobacco from pro-ducers without regard to whether suchperson is registered as a dealer with theBureau of Internal Revenue.

(e) "Director" means Director or Act-ing Director, Tobacco Branch, Produc-tion and Marketing Administration,United States Department of Agricul-ture.

(f) 'Farm ' means all adjacent ornearby farm land under the same owner-ship which is operated by one person,including -also:

(1) Any other adjacent or nearbyfarm land which the county committee,in accordance with instructions issuedby the Assistant Administrator for Pro-duction, Production and Marketing Ad-ministration, determines is operated bythe same person as part of the same unitwith respect to the rotation of crops andwith workstock, farm machinery, andlabor substantially separate from thatfor any other lands; and

(2) Any field-rented tract (whetheroperated by the same or another per-son) which, together with any otherland included in the farm, constitutes aunit with respect to the rotation of crops.

A farm shall-be regarded as locatedin the county in which the principaldwelling is- situated, or if there is nodwelling thereon it shall be regarded aslocated in the county in which the majorportion of the farm is located.

(g) " ield assistant" means any dulyauthorized employee of the United StatesDepartment of Agriculture, and any dulyauthorized employee of a county com-mittee whose duties involve the prepara-tion and handling of records and reportspertaining to tobacco marketing quotas.

(h) "Floor sweepings" means scraps,leaves, or bundles of tobacco, generallyof inferior quality, which accumulate onthe warehouse floor and which not beingsublect to identification with any par-ticular lot of tobacco are gathered up bythe warehouseman for sale. Floorsweepings shall not include tobacco de-fined as "pick-ups"

(i) 'Leaf account tobacco" means alltobacco purchased by or for a ware-houseman and "leaf account" shall in-clude the records required to be keptand copies of the reports required tobe made under §§ 725.230 to 725.260 re-lating to tobacco purchased by or for awarehouseman and resales of suchtobacco.

(j) "Market" means the disposition inraw or processed form of tobacco byvoluntary or involuntary sale, barter, orexchange, or by gift inter vivos. 'Mar-keting" and "marketed" shall havecorresponding meanings to the term"market"

(k) "Nonwarehouse sale" means anyfirst marketing of farm tobacco otherthan by sale at public auction through awarehouse in the regular course ofbusiness.

(1) "Operator" means the personwho is in charge of the supervision and

FEDERAL REGISTER

conduct of the farming operations onthe entire farm.(m) 'erson" means an indlvlduA3

partnership, association, corporation,estate or trust, or other business enter-prise or other legal entity, and whereverapplicable, a State, a political subdi-vision of a State or any agency thereof.

(n) "Pick-ups" means (1) any tobaccosorted and reclaimed from leaves orbundles which have fallen to the ware-house floor in the usual course of busl-ness, or (2) any tobacco previouslypurchased at auction but not deliveredto the buyer because of rejection by thebuyer, lost ticket, or any other reason,and which is not turned back to a dcalerother than the warehouseman and shallinclude tobacco delivered to the buyerbut returned by the buyer to the ware-houseman, and which is not turned backto a dealer other than the warehouse-man.(o) 'roducer" means a person who,

as owner, landlord, tenant, sharecrop-per, or laborer is entitled to share In thetobacco available for marketing fromthe farm or in the proceeds thereof.(p) 'Pound" means that amount of

tobacco which, if weighed In Its un-stemmed form and in the condition inwhich It is usually marketed by pro-ducers, would equal one pound standardweight.

(q) "Resale" means the disposition bysale, barter, exchange, or gift inter vvos,of tobacco which has been marketedpreviously.(r) "Sale day" means the period at

the end of which the warehouseman billsto buyers the tobacco so purchasedduring such period.(s) "Scrap tobacco" means the resi-

due which accumulates in the course ofpreparing flue-cured tobacco for market,consisting chiefly of portions of tobaccoleaves and leaves of poor quality.(t) "Secretary" means the Secretary

or Acting Secretary of Agriculture of the-United States.

(u) "Suspended sale" means any firstmarketing of farm tobacco at a ware-house sale for which a memorandum ofsale is not issued by the end of the saleday on which such marketing occurred.(v) "Tobacco" means Burley tobacco,

type 31, or flue-cured tobacco types 11,12, 13 and 14, as classified In Service andRegulatory Announcement No. 118 (7CFR Part 30) of the Bureau of Agr I-cultural Economics of the United StatesDepartment of Agriculture, or both, asindicated by the context.

Any tobacco that has the same char-acteristics and corresponding qualities,colors, and lengths as either Burley orflue-cured tobacco shall be consideredrespectively either Burley or flue-curedtobacco regardless of any factors of his-torical or geographical nature whichcannot be determined by examination ofthe tobacco.

(w) "Tobacco available for market-ing" means all tobacco produced on thefarm in the calendar year 1951 plus anycarry-over tobacco, less any tobacco ds.posed of In accordance with § 725.243.(x) "Tobacco subject to marketing

quotas" means*

(1) Any Burley tobacco marketed dur-ing the period October 1, 1951, to Sep-tember 30, 1952, inclusive, and any Burleytobacco produced In the calendar year1951 and marketed prior to October 1,1951.

(2) Any flue-cured tobacco marketedduring the period July 1, 1951, to June30, 1952, inclusive, and any flue-curedtobacco produced in the calendar year1951 and marketed prior to July 1, 1951.

(y) "Trucker" means a person whoengages to any extent in the business oftrucking tobacco to market and selling itfor producers regardless of whether thetobacco Is acquired from producers bythe trucker.(z) "Warehouseman" means a person

who engages to any extent in the bus-nez of holding sales of tobacco at publicauction at a warehouse.

(aa) "Warehouse sale" means a mar-keting of tobacco by a sale at publicauction through a warehouse in theregular course of business, and shall in-elude all lots or baskets of tobacco mar.,keted In sequence at a given time.

§ 725.232 Instructlons and forms.The Director shall cause to be preparedand issued such forms as are necesszy,and shall cause to be prepared such in-structons as are necessary, for carryingout the regulations in this part. Theforms and Instructions shall be approvedby, and the Instructions shall be issuedby, the Assistant Administrator for Pro-duction, Production and Marketing Ad-ministation.

§ 725.233 Extent of calculz tjis a.ndruleS of fractions. (a) The acreage oftobacco harvested on a farm in 1951.shall be expressed in tenths and frac-tions of less than one-tenth acre shall bedropped. For example, 4.56 acres wouldbe 4.5 acres.

(b) The percentage of excess tobaccoavailable for marketing from a farm,hereinafter referred to as the "percentexces," Shall be exprezsed In tenths andfractions of less than one-tenth shallbe dropped. For example, 12.59 percentwould be 12.5 percent.(o) The amount of penalty per pound

upon marketings of tobacco subject topenalty hereinafter referred to as the"converted rate of penalty," shall be ex-pressed In tenths of a cent and fractionsof less than a tenth shall be dropped,except that if the resulting convertedrate of penalty Is less than a tenth of acent, It iall be expressed in hundredthsand fractions of less than a hundredthshall be dropped. For example, 3.63cents per pound would be 3.6 cents and0.00B cents per pound would be 0.06cents.

IAni zuAIUO*ni QUOTAS AND ZMP.HE'rG

§ 725.234 Amount of farm mar:fingquota. (a) The marketing quota for afarm shall be the actual production oftobacco on the farm acreage allotment,as established for the farm in accordancewIth § 725-211 to 725.228, 1023 (Burleyand flue-51)-3, Burley and Flue-curedTobacco Mlarketing Quota Regulations,1951-52, as amended (15 F. P. 5871, 16V. R. 1932). The actual production of

492f


the farm acreage allotment shall be theaverage yield per acre of the entire acre-age of tobacco harvested on the farm in1951 times the farm acreage allotment.

(b) The excess tobacco on any farmshall be (1) that quantity of tobaccowhich Is equal to the average yield peracre of the entire acreage of tobaccoharvested on the farm in 1951 times thenumber of acres harvested in excess ofthe farm acreage allotment plus (2) anyexcess carry-over tobacco. The acreageof tobacco determined for a farm for thepurpose of issuing the correct marketingcard for the farm, as provided in§ 725.236, shall be considered the har-vested acreage for the farm unless thefarm operator furnishes proof satisfac-tory to the county committee that aportion of the acreage planted will notbe harvested or that a representativeportion of the production of the acre-age harvested will be disposed of .otherthan by marketing.

§ 725.235 No transfers. There shallbe no transfer of farm marketingquotas.

§ '25.236 Issuance of marketing cards.A marketing card shall be issued foreach farm having tobacco available formarketing. Subject to the approval ofthe county committee, two or more mar-keting cards may be issued for any farm.All entrle* on each marketing card shallbe made In accordance with the instruc-tions for issuing marketing cards. Uponthe return to the office of the countycommittee of the marketing card afterall of the memoranda of sale have beenissued therefrom and before the mar-keting of tobacco from the farm hasbeen completed, a new marketing cardof the same kind, bearing the samename, information and identification asthe used card shall be issued for thefarm. A new marketing card of thesame kind shall be issued to replace acard which has been determined by thecounty committee to have been lost, de-stroyed or stolen.

(a) Within Quota Marketing Card(MQ-76-Tobacco) A Within QuotaMarketing Card authorizing the mar-keting without penalty of the tobaccoavailable for marketing shall be issuedfor a farm under the following condi-tions:

(1) If the harvested acreage of to-bacco In 1951 Is not in excess of the farmacreage allotment and any excess carry-over tobacco from any prior %iarketingyear can be 'marketed without penaltyunder the provisions of § 725.242 (b)

(2) If all excess tobacco produced onthe farm is disposed of in accordancewith § 725.243 (b) or

(3) If the tobacco was grown for ex-perimental purposes on land owned orleased by a publicly owned agriculturalexperiment station and is produced atpublic expense by employees of the ex-periment station, or if the tobacco wasproduced by farmers pursuant to anagreement with a publicly owned experi-ment station whereby the experimentstation bears the costs and risks inci-dent to the production of the tobaccoand the proceeds from the crop inureto the benefit of the experiment station!Provided, That such agreement is ap-

proved by the State committee prior tothe issuance of a marketing card forthe farm.

(b) Excess Marketing Card (MQ-77-Tobacco) An Excess Marketing Cardshowing the extent to which marketingsof tobacco from a farm are subject topenalty shall be issued unless a withinquota card is required to be issued forthe farm under paragraph (a) of thissection, except that if the farm opera-tor fails to disclose, or otherwise fur-nish, or prevents the county committeefrom obtaining, any information'neceg-sary tor the issuance of the correct mar-keting -card, an excess marketing cardshall be issued showing that all tobaccofrom the farm is subject to the rate ofpenalty set forth in § 725.245.

§ 725.237 Person authorized to issuecards. The county committee shall des-ignate one person to sign marketingcards for farms in the county as issuingofficer. The issuing officer may, subject

the approval of the county commit-tee, designate not more than three per-sons to sign his name in issuingmarketing cards: Provided, That eachsuch person shall place his initials im-mediately beneath the name of the issu-ing officer as written by him on the card.

§ 725.238- Rights of producers in mar-keting cards. Each producer having ashare in the tobacco available for mar-keting from a farm shall be entitled tothe use of the marketing card issuedfor the farm for marketing his propor-tionate share.

§ 725.239 Successors in interest. Anyperson who succeeds in whole or in partto the share of a producer in the to-bacco available for marketing from afarm shall, to the extent of such suc-cession, have the same rights as theproducer to the use of the marketingcard for the farm.

§ 725.240 Invalid cards. A market-ing card shall be invalid if:

(a) It is not issued or delivered in theform and manner prescribed;

(b) Entries are omitted or incorrect;(c) It is lost, destroyed, stolen, or be-

'comes illegible; or(d) Any erasure or alteration has been

made, and not properly initialed.In the event any marketing card be-

comes invalid (other than by loss,destruction, or theft, or by omission,alteration or incorrect entry which can-not be corrected by a field assistant) thefarm operator, or the person having thecard in his possession, shall return it tothe office of thi county committee atwhich it was issued.

If any entry is not made on a market-ing card as required, either throughomission or incorrect entry, and theproper entry is made and initialed by a,field assistant, then such card shallbecome valid.

§ 725.241 Report -of misuse of mar-keting card. Any Information whichcauses a field assistant, a member of aState, county, or community committee,or an employee of a State or county com-mittee, to believe that any tobacco whichactually was produced on one farm hasbeen or is being marketed under themarketing card issued for another farm

shall be reported Immediately by suchperson to the county or State committee.

1UARRETINO OR OTHER DISPOSITION OFTOBACCO AND PENALTIES

§ 725.242 Extent to which market-ings from a farm are subject to penalty.(a) Marketings of tobacco from a farmhaving no carry-over tobacco avallablQfor marketing shall be subject to penaltyby thepercent excess determined as fol-lows: Divide the acreage of tobaccoharvested in excess of the farm acreageallotment and not disposed of under§ 725.243 by the total acreage of tobaccoharvested from the farm.

(b) Marketings of tobacco from a farmhaving carry-over tobacco available formarketing shall be subject to penalty bythe percent excess determined as fol-lows:

(1) Determine the number of "carry-over" acres by dividing the number ofpounds of carry-over tobacco from theprior years by the normal yield for thefarm for that year.

(2) Determine the number of "withinquota carry-over acres" by multiplyingthe "carry-over acres" (subparagraph(1) of this paragraph) by the "percentwithin quota" (I. e. 100' percent minusthe percent excess) for the year In whichthe carry-over tobacco was produced,except that If the excess portion of thecarry-over tobacco Is disposed of under§ 725.243, the "percent within quota"shall be 100.

(3) Determine the "total acres" of to-bacco by adding the "carry-over acres"(subparagraph (1) of this paragraph)and the acreage of tobacco harvested inthe current year.

(4) Determine the "excess acres" bysubtracting from the "total acres" (sub-paragraph (3) of this paragraph) thesum of the 1951 allotment and the"with in quota carry-over acres" (sub-paragraph (2) of this paragraph)

(5) Determine the percent excess bydividing the "total acres" Into the "ex-cess acres" (subparagraph (4) of thisparagraph)

(6) Those persons having an interestin the carry-over tobacco for a farmshall be liable for the payment of anypenalty due thereon.

(c) For the purpose of determiningthe penalty due on each marketing bya producer of tobacco subject to penalty,the converted rate of penalty per poundshall be determined by multiplying theapplicable rate of penalty by the percentexcess obtained under paragraph (a) or(b) of this section. The memorandumof sale Issued to Identify each such mar-keting shall show the amount of penaltydue.

§ 725.243 Disposition of excess tobac.co. The farm operator may elect to givesatisfactory proof of disposition of excesstobacco prior to the marketing of anytobacco from the farm by either of thefollowing 'methods:

(a) By storage of the excess tobacco,the tobacco so stored to be representativeof the entire 1951 crop produced on thefarm, and posting of a bond approved bythe county committee and the Statecommittee in the penal sum of twice therate of penalty per pound set forth in

4922

Friday, May 25, 1.951

§ 725.245, times the quantity of excesstobacco stored. Penalty at the applica-ble full rate per pound on marketings ofexcess tobacco shal become due upon theremoval from storage of the excess to-bacco, except that an amount of suchtobacco in storage equal to the normalproduction of the acreage by which the1952 harvested acreage plus any acreageadded with 'respect to any excess carry-over tobacco for the farm pursuant to§ 725.242 (b) is less than the 1952 allot-ment may be removed from storage andmarketed penalty free.

If the 1951 harvested acreage is lessthan the 1951 allotment an amount ofany tobacco from the farm which wasplaced under storage for a prior market-ing year equal to the normal productionof the acreage by which the 1951 har-vested acreage plus any acreage addedwith respect to any excess carry-overtobacco for the farm pursuant to§ 725.242 (b) is less than the 1951 allot-ment may be marketed penalty free.

(b) By furnishing to the county com-mittee satisfactory proof that excesstobacco representative of the entire cropwill not be marketed.

§,725.244 Identifcation of market-ings. Each marketing of tobacco from afarm shall be identified by an executedmemorandum of sale from the 1951 mar-keting card (MQ-76-Tobacco or MQ--77-Tobacco) issued for the farm onwhich the tobacco was produced. Inaddition, in the case of nonwarehousesales each marketing shall also be identi-fied by an executed bill of nonwarehousesale (reverse side of memorandum ofsale)

(a) Memorandum of sale. If a mem-orandum of sale is not executed to iden-tify a warehouse sale of producer'stobacco by the end of the sale day onwhich the tobacco was marketed, themarketing shall be a suspended sale, and,unless a memorandum identifying thetobacco so marketed is executed on orbefore the last warehouse sale day ofthe marketing season, or within fourweeks after the date of marketing,whichever comes first, the marketingshall be identified by MQ-82-Tobacco,Sale Without Marketing Card, as a mar-keting of excess tobacco. The memo-randum of sale or MQ-82-Tobacco shallbe executed only by a field assistant orother representative of the State com-mittee with the following exceptions:

(1) A warehouseman, or his represen-tative, who has been authorized on MQ-78-Tobacco, may issue a memorandumof sale to identify.a warehouse sale 'if afield assistant is not available at thewarehouse when the marketing card ispresented. Each memorandum of saleissued by a warehouseman to cover awarehouse sale shall be presentedpromptly by him to the field assistantfor verification with the warehouse rec-ords.

(2) In the case of flue-cured tobaccoonly, a dealer, or his authorized repre-sentative, operating a receiving point forscrap tobacco at a redrying plant (andother regular receiving points operatedby such dealer or his agent or employees)or at an auction warehouse, who keepsrecords showing the Information specd-

No. 102-2

fled in § 725.252, and who has been au-thorized on MQ-78-Tobacco, may Issuea memorandum of sale covering a pur-chase of scrap tobacco only If the bill ofnonwarehouse sale has been execute&

The authorization on MQ-78--Tobaccoto issue memoranda of sale may be with-drawn by the State committee from anywarehouseman or dealer if such actionis determined to be necessary in orderto properly enforce the provisions of§§ 725.230 to 725.260. The authorizationshall terminate upon receipt of writtennotice setting forth the State commit-tee's reason therefor.

Each excess memorandum of sale is-sued by a field assistant shall be verifiedby the warehouseman or dealer (or hisrepresentative) to determine whetherthe amount of penalty shown to be duehas been correctly computed and suchwarehouseman or dealer shall not berelieved of any liability with respect tothe amount of penalty due because ofany error which may occur in executingthe memorandum of sale.

(b) Bill of nomarehouse sale. Eachnonwarehouse sale shall be Identified bya bill of nonwarehouse sale completelyexecuted by the buyer and the farmoperator.

The word "scrap" shall be plainlywritten on any bill of nonwarehouse saleor memorandum of sale executed tocover scrap tobacco, and all such billsof nonwarehouse sale, shall be deliveredto a person at a scrap receiving pointwho is authorized to Issue memorandaof sale.

Each bill of nonwarehouse sale cover-ing any marketing except scrap tobaccoshall be presented to a field asslstant forthe issuance of a memorandum of saleand for recording in MQ-79-Tobacco.

§ 725.245 Rate of penalty. (a) Thepenalty per pound upon marketin s ofexcess tobacco subject to marketingquotas shall be twenty (20) cents perpound in the case of Burley tobacco andtwenty-two (22) cents per pound in thecase of flue-cured tobacco.

(b) With respect to tobacco marketedfrom farms having excess tobacco avail-able for marketing the penalty shallbepaid upon that percentage of each lotof tobacco marketed which the tobaccoavailable for marketing in excess of thefarm quota is of the total amount oftobacco available for marketing fromthe farm.

§ 725.246 Persons to pay penalty.The person to pay the penalty due onany marketing of tobacco subject to pen-alty shall be determined as follows:

(a) Warehouse sale. The penaltydue on marketings by a producerthrough a warehouse shall be paid by thewarehouseman who may deduct anamount equivalent to the penalty fromthe price paid to the producer.

(b) Nonwarehouse sale. The penaltydue on tobacco purchased directly froma producer other than at public auctionthrough a warehouse shall be paid bythe purchaser of the tobacco who maydeduct an amount equivalent to the pen-alty from the price paid to the producer.

(c) Marketings through- an agent.The penalty due on marketings by aproducer through an agent who is not a

warehouseman shall be paid by theagent who may deduct an amount equiv-alent to the penalty from the price padto the producer.

(d) MarT:etings outside the UnitedStates. The penalty due on marketingsby a producer directly to any person out-side the United States shall be paid bythe producer.

§ 725.247 Marketings deemed to beexcess tobacco. Any marketing oftobacco under any one of the followingconditions shall be deemed to bemarketing of excess tobacco.

(a) Warehouse sale. Any warehousesale of tobacco by a producer which isnot Identified by a valid memorandum ofse on or before the last warehouse saleday of the marketing season or withinfour weeks following the date of market-ing, whichever comes first, shall be Iden-tified by a MQ-82-Tobacco, and shallbe deemed to be a marketing of excesstobacco. The penalty thereon shall bepaid by the warehouseman.

(b) Nonwarehouse sale. Any non-warehouse sale which (1) is not Identi-fled by a valid bill of nonwarehouse sale(reverse side of memorandum of sale)and (2) Is not also Identified by a validmemorandum of sale and recorded-inMQ-79--Tobacco within one week fol-lowing the date of purchase, or if pur-chased prior to the opening of the localauction markets, is not identified by avalid memorandum of sale and recordedin MQ-79--Tobacco within one week fol-lowing the first sale day of the local auc-tion markets, shall be deemed to be amarketing of excess tobacco. The pen-alty thereon shall be paid by the pur-chaser of such tobacco.

(c) Lea! account tobacco. The part orall of any marketing by a warehousemanwhich such warehouseman representsto be a leaf account resale but whichwhen added to prior leaf account resales,as reported under §§ 72-5.230 to 725.260,is in excess of prior leaf account pur-chases shall be deemed to be a market-ing of excess tobacco unless and untilsuch warehouseman furnishes proof ac-ceptable to the Director or State com-mittee showing that such marketing isnot a marketing of excess tobacco. Thepenalty thereon shall be paid by thewarehouseman.

(d) Dealer's tobacco. The part or allof any marketing of tobacco by a dealerwhich such dealer represents to be aresale but which when added to priorresales by such dealer is in excess ofthe total of his prior purchases as re-ported on MQ-49-Tobacco, shall bedeemed to be a marketing of excesstobacco unless and until such dealerfurnishes proof acceptable to the Direc-tor or State committee, showng thatsuch marketing is not a marketing ofexcess tobacco. The penalty thereonshall be paid by the dealer.

(e) MarKetings not reported. Anyresale of tobacco which under §§ 725.230to 725.60, is required to be reported bya warehouseman or dealer but which isnot so reported within the time and inthe manner required by §§725.230 to725.260 shall be deemed to be a market-ing of excess tobacco unless and untilsuch warehouseman or dealer furnishes

4923FEDERAL REGISTER


a report of such resale which is accept-able to the Director or State comniittee.The penalty thereon shall be paid by thewarehouseman or dealer who falls tomake the report as required.

(f) Producer marketings. If any pro-ducer falsely identifies or fails to ac-count for the disposition Qf any tobaccoproduced on a farm, an amount of to-bacco equal to the normal yield of tienumber of acres harvested in 1951 inexcess of the farm acreage allotmentshall be deemed to have been a'market-ing of excess tobacco from.such farm.The penalty thereon shall be paid bythe producer.

§ 725.248 Payment of Penalty. (a)Penalties shall become due at the timethe tobacco is marketed, except in thecase of tobacco removed from storage asprovided in § 725.243 (a) and shall bepaid by remitting the amount thereof tothe State committee not later than theend of the calendar week following theweek in which the tobacco became sub-ject to penalty. A draft, money order,or check drawn payable to the Treasurerof the United States may be used to payany penalty, but any such draft or checkshall be received subject to payment atpar.

(b) If the penalty due on any ware-house sale of tobacco by a producer asdetermined under §§ 725.230 to 725.260is inexcess of the net proceeds of suchsale (gross amount for all lots includedin the sale less usual warehousecharges) the amount of the net proceedsaccompanied by a copy of the warehousebill covering such sale may be remittedas the full penalty due. Usual warehousecharges shall not include (1) advancesto producers, (2) charges for hauling, or(3) any other charges not usually in-curred by producgrs in marketing to-bacco through an auction warehouse.

(c) Nonwarehouse sales, includingsales of scrap tobacco, shall be subjectto the converted rate of penalty for thefarm on which the tobacco was producedwithout regard to the net proceeds of thesale.

§ 725.249 Request for return ol pen-alty. Any producer of tobacco after themarketing of all tobacco available formarketing from the farm, and any otherperson who bore the burden of the pay-ment of any penalty may request thereturn of the amount of such penaltywhich Is in excess of the amount re-quired under §§ 725.230 to 725.260, to bepaid. Such request shall be filed withthe county committee within two (2)years after the payment of the penalty.

RECORDS AND REPORTS§ 725.250 Producer's records and re-

ports-(a) Report on marketing card.The operator of each farm on whichtobacco is produced in 1951 shall returnto the Offlce of the county committee eachmarketing card issued for the farmwhenever marketings from the farm arecompleted and in no event later thanthirty days after the close of the tobaccoauction markets for the locality in whichthe farm is located. Failure to returnthe marketing card within the timespecified (after formal notification) shall

constitute failure to account for dlspo4sition of tobacco marketed from the farmand in the event that a satisfactory ac-count of such disposition Is not furnishedotherwise the allotment next establishedfor such farm shall be reduced as pro,vided in Burley and flue-cured tobaccomarketing qbota regulations for deter-mining acreage allotments and normalyields, 1952-53 marketing year.

(b) Additional reports by producers.In addition to any other reports whichmay be required under §§ 725.230 to725.260, the operator of each farm orany other person having an interest inthe. tobacco grown on the farm (eventhough the harvested acreage does notexceed the acreage allotment or eventhough no allotment was established forthe farm) shall upon written request byregistered mail from the State commit-tee and within 15 days after the depositof such request in the United Statesmails, addressed to such person at hislast known address, furnish the Secre-tary a written report of the dispositionmade of all tobacco produced on thefarm by sending the same to the Statecommittee showing, as to the farm atthe time of filing said report, (1) thenumber of acres of tobacco harvested,(2) the total production of tobacco, (3)the amount of tobacco on hand and itslocation, and (4) as to each lot of tobaccomarketed, the name and address of thewarehouseman, dealer, or other personto or through whom such tobacco wasmarketed and the number of poundsmarketed, the gross price, and the dateof the marketing. Failure to file thereport as requested or the filing of a re-port which Is found by the State -com-mittee to be incomplete or incorrectshall constitute failure of the producer toaccount for disposition of tobacco pro-duced on the farm and the allotmentnext established for such farm shall bereduced as provided in the Burley andflue-cured tobacco marketing quota reg-ulations for determining acreage allot-ments and normal yields, 1952-53marketing year.

§ 725.251 Warehouseman's recordsand reports-(a) Record of marketing..Each warehouseman shall keep suchrecords as will enable him to furnish theDirector or the State committee withrespect to each warehouse sale of tobaccomade at his warehouse the followinginformation:

(1) The name of the operator of thefarm on which the tobacco was producedand the name of the seller in the caseof a sale by a-producer, and in the caseof a resale the name of the seller.

(2) Date of sale.(3) Number of pounds sold.(4) Gross sale price.(5) Amount of any penalty and the

amount of any deduction on account ofpenalty from the price paid the pro-ducer(s) and in addition with respectto each individual basket or lot of to-bacco constituting the warehouse salethe following Information.

(6) Name of purchaser.(7) Number of pounds sold.(8) Gross sale price.(9) Records of all purchases and re-

sales of tobacco by the warehouseman

shall be maintained to show a separateaccount for:

(1) Nonwarehouse sales by farmers oftobacco purchased by or on behalf of thewarehouseman.

(1i) Purchases and resales for thewarehouse leaf account.

(ii) Resales of floor sweepings.(iv) Resales of pick-ups, with respect

to both subparagraphs (1) and (2) asdefined In § 725.231 (n)

Any warehouseman or any other per-son who grades tobacco for farmers shallmaintain records which will enable himto furnish the State committee the nameof the farm operator and the approxi-mate amount of scrap tobacco obtainedfrom the grading of tobacco from eachfarm.

In the case of resales for dealers thename of the dealer making each resaleshall be shown on the warehoud recordsso that the individual lots of tobaccosold by the dealer can be identified.

(b) Identification o1 sale on checkregister The serial number of thememorandum of sale issued to identifyeach warehouse sale by a producer orthe number of warehouse bill(s) cover-ing each such sale shall be recorded onthe check register or check stub for thecheck written with respect to such saleof tobacco.

(c) Memorandum of sale and bill ofnonwarehouse sale. A record in theform of a valid memorandum of sale ora sale without marketing card shall beobtained by a warehouseman to covereach marketing of tobacco from a farmthrough the warehouse and each non-warehouse sale of tobacco purchased byor for the warehouseman. For a non-warehouse sale of tobacco purchased byor for a warehouseman, no memoran-dum of sale shall be issued unless thebill of nonwarehouse sale on the reverseside of the memorandum is executed,Any warehouseman who obtains posses-sibn of any scrap tobacco in the courseof grading tobacco from any farm shallobtain a memorandum of sale to coverthe amount of such scrap.

(d) Suspended sale record. Anywarehouse bills covering farm tobaccofor which memoranda of sale have notbeen issued at the end of the sale dayshall be presented to a field assistantwho shall stamp such bills "Suspended,"write thereon the serial number of thesuspended sale, and record the bills onMQ-83--Tobacco, Field Assistant's Re-port: Provided, That if a field assistantIs not available, the warehouseman maystamp such bills "Suspended" and de-liver them to a field assistant when oneis available.

(e) Warehouse entries on dealer'srecord. Each warehouseman shall recordon MQ-79-Tobacco the total purchasesand resales made by each dealer or otherwarehouseman during each sale day atthe warehouse and enter his Initials inthe space provided. If any tobacco re-sold by the dealer is tobacco bought byhim from a crop produced prior to 1951the entry on MQ-79-Tobacco shallclearly show such fact.

(f) Record and report of Purchasesand resales. Each warehouseman shallkeep a record and make reports on MQ-79-Tobacco, Dealer's Record, showing:

4924


(1) All purchases of tobacco directlyfrom producers other than at publioauction through a warehouse (nonware-house sales)

(2) All purchases and resales of to-bacco at public auction through ware-houses other than his own.

(3) All purchases of tobacco fromdealers other than warehousemen andresales of tobacco to dealers other thanwarehousemen.

(g) Season report of warehouse busz-ness. Each warehouseman shall fur-nish the State committee not later thanthirty (30) days following the last saleday of the marketing season a report onMQ-80-Tobacco, Auction WarehouseReport, showing (1) for each dealer orbuyer, as originally billed, the totalpounds and gross amount of tobaccopurchased and resold on the warehousefloor- (2) the total pounds and grossamount of "loan tobacco" billed to anyassociation; (3) the total pounds andgross amount of all leaf account tobaccopurchased and resold and of all pick-ups(§ 725.231 (n) (1) or (2)) or floor sweep-ings sold by the warehouseman at pub-lic auction over his own warehousefloor; (4) the pounds and estimatedvalue of all tobacco on hand at the timeof filing the report and whether suchtobacco represents leaf account tobacco,pick-ups (§ 725.231 (n) (1) or (2)) orfloor sweepings; (5) the total poundsand gross amount of all tobacco pur-chased directly from farmers other thanat public auction through a warehouse;and (6) the total pounds and grossamount of all purchases over other ware-house floors or from dealers other thanwarehousemen and all resales over otherwarehouse floors or to dealers otherthan warehousemen.

(h) Report of penalties. Each ware-houseman shall make reports on MQ-81-Tobacco, Report of Penalties, show-mg for each sale of tobacco subject topenalty (1) the name of the farm oper-ator; (2) the memorandum number; (3)the name of the county in which thefarm is located; (4) the farm serialnumber; (5) the number of pounds sold;'(6) the applicable converted rate of pen-alty- and (7) the amount of penaltydue on each such sale. AMQ-81-To-bacco shall be prepared for each weekand forwarded together with remittanceof the penalty due as shown thereon tothe State committee not later than theend of the calendar week following theweek in which the tobacco became sub-ject to penalty.

(i) Report of resales. Each ware-houseman shall make reports on MQ-86-Tobacco, Report of Resales, showingfor each resale of tobacco at auction onthe warehouse floor (1) the warehousebill number; (2) the name on the ware-house bill; (3) the name of the seller, orifi the case of a resale for the warehouse,whether such resale represents leaf ac-count tobacco, pick-ups, or floor sweep-ings; (4) the registration number andState of the person making the resale;(5) the number of pounds sold; and (6)the gross amount for the sale. MQ-86-Tobacco shall be prepared for each saleday and forwarded to the State commit-tee not later than the end of the calendar

FEDERAL REGISTER

week following the week in which thetobacco was resold.

(j) Additional records and reports bywarehousemen. E a c h warehousemanshall keep such records and furnish suchreports to the State committee, in addi-tion to the foregoing, as the Director mayfind necessary to insure the proper Iden-tification of the marketngs of tobaccoand the collection of penalties due.there-on as provided in §§ 725.230 to 725.260.

§ 725.252 Dealer's records and re-ports. Each dealer, except as providedin § 725.253, shall keep the records andmake the reports as provided by this sec-tion.

(a) Report of dealer's name, addressand registration number Each dealershall properly execute and the field as-sistant shall detach and forward to theState committee "Receipt for Dealer'sRecord" contained in MQ-79--Tobaccowhich is Issued to the dealer.

(b) Record and report of purcliacesand resales. Each dealer shall keep arecord and make reports on MQ-79--Tobacco, Dealer's Record, showing allpurchases and resales of tobacco madeby or for the dealer and, in the event ofresale of tobacco bought from a crop pro-duced prior to 1951. the fact that suchtobacco was bought by him and carriedover from a crop produced prior to 1951.

(c) Report of Penalties. Each dealershall make a report on MQ-81--TobacooReport of Penalties, showing for eachpurchase of tobacco subject to penalty(1) the name of the farm operator; (2)the memorandum number; (3) the nameof the county in which the farm is lo-cated; (4) the farm serial number; (5)the number of pounds purchased; (6)the applicable converted rate of penalty;and (7) the amount of penalty due oneach such purchase. MQ-81-Tobaccoshall be prepared for each week and for-warded together with remittance of thepenalty due as shown thereon to theState committee not later than the endof the calendar week following the weekin which the tobacco became subject topenalty.

(d) Memorandum of sale and bill ofnonwarehouse sale. A bill of nonware-house sale and a memorandum of ralefrom the 1951 marketing card Issued forthe farm on which the tobacco was pro-duced shall be obtained by a dealer tocover each purchase of tobacco directlyfrom a producer other than at auctionthrough a warehouse. No memorandumof sale shall be Issued identifying suchpurchase unless the bill of nonwarehousesale on the reverse side of the memo-randum of sale has been executed.

(e) Record and report of scrap to-bacco. Each dealer operating a receiv-ing point for scrap tobacco who has beenauthorized on MQ-78--Tobacco to Issuememoranda of sale, shall keep a recordand make reports on MQ-79--Tobaccoshowing all tobacco received. Such re-ports shall be accompanied by memo-randa of sale and bills of nonwarehousesale with respect to all tobacco coveredby the reports.

(f) Additional records. Each dealershall, keep such records in addition to theforegoing, as will enable him to furnishthe Director or the State committee with

4925

respect to each lot of tobacco purchasedby him, the following information:

(1) The name of the warehousethrough which the tobacco was pur-chased in the case of a warehouse sale;the name of the operator of the farm onwhich the tobacco was produced and thename of the seller in the case of a non-warehouse sale; and the name of theseller n the case of purchases directlyfrom warehousemen or other dealers.

(2) Date of purchase.(3) Number of pounds purchased.(4) Gross purchase price.(5) Amount of any penalty and the

amount of any deduction on account ofpenalty from the price paid the produ-cer~s) and with respect to each lot oftobacco sold by him the following in-formation.

(6) Name of the warehouse throughwhich the tobacco was sold in the case ofa warehouse sale, and the name of thepurchaser if other than a warehousesale.

(7) Date of sale.(8) Number of pounds sold.(9) Gross sale price.(10) In the event of a resale of tobacco

bought by him and carried over from acrop produced prior to 1951 the fact thatsuch tobacco was so bought and caredover.

All reports shall be forwarded to theState committee not later than the endof the week following the calendar weekzcovered by the reports.

§ 725.253 Dealers exempt from regu-lar records and reports. Any dealer orbuyer who does not purchase or other-wise acquire tobacco except (a) at ware-house sales, or (b) directly from dealersother than warehousemen, and who doesnot resell in the form in which tobaccoordinarily is sold by farmers more than10 percent of such tobacco so purchasedby him shall not be subject to the provi-sions of § 725.252: ProvIded, however,That any such dealer or buyer who pur-chases tobacco (a) at nonwarehouse sale,or (b) from a warehouseman other thanat warehouse sale shall be subject to theprovisions of § 725.252 with respect tosuch purchases. Each such dealer orbuyer shall make such reports to theDirector, in addition to the foregoing, ashe may find necessary to enforce §§ 725.-230 to 725.260, and each dealer or buyerwho is not subject to the provisions of§ 725.252 shall make such reports to theDirector as he may find necessary toenforce §§ 725.230 to 725.260.

§ 725.254 Records and reports oftruc:ers and persons redryjzg, przmngor stemming tobacco. (a) Every personengaged to any extent in the businessof trucking tobacco for producers shallkeep such records as will enable him tofurnish the Director or State committeea report with respect to each lot of to-bacco received by him showing (1) thename and addresz of the farm operator,(2) the date of receipt of the tobacco,(3) the number of pounds received, and(4) the place to which it was delivered.

(b) Every person engaged to any ex-tent in the business of redrying, prizingor stemming tobacco for producers shallkeep such records as will enable him to


furnish the Director a report showing(1) the information required above fortruckers, and in addition, (2) -the pur-pose for which the tobacco was received,(3) the amount, of advance made byhim on the tobadco, and (4) the dis-position of the tobacco.

Each such person shall make suchreports to the Director as he may findnecessary to enforce §§ 725.230 to 725.260.

§ 725.255 Separate records and re-ports from persons engaged in morethan one business. Any person who isrequired to keep any record or make anyreport as a warehouseman, dealer,trucker, or as a person engaged in thebusiness of redrymg, prizing or stemmingtobacco for producers, and who is en-gaged In more than one such business,shall keep such records as will enablehim to make separate reports for eachsuch business in which he is engaged tothe same exfent for each such businessas if he were engaged m no otherbusiness.

§ 725.256 Failure to keep records ormake reports. Any warehouseman,dealer, trucker, or person engaged in thebusiness of redrymg, prizing, or stem-ming tobacco for producers, who fails tdmake any report or keep any record asrequired under §§ 725.230 to 725.260, orwho makes any false report or record,shall be deemed guilty of a misdemeanorand upon conviction thereof shall be sub-ject to a fine of not more than $500; andany tobacco warehouseman or dealerwho fails to remedy such violation bymaking a complete and accurate reportor keeping a complete and accuraterecord as required under these regula-tions within fifteen days after notice tohim of such violation shall be subject toan additional 'fine of $100 for each tenthousand pounds of tobacco, or fractionthereof, bought or sold by him after thedate of such violation: Provided, Thatsuch fine shall not exceed $5,000; andnotice of such violation shall be servedupon the tobacco warehousemafi ordealer by mailing the same to him byregistered mail or by posting the sameat an established place of business op-erated by him, or both. Notice of anyviolation by a tobacco warehouseman ordealer shall be given by the Director.

§ 725.257 Examination of records andreports. For the purpose of ascertain-Ing the correctness of any report madeor record kept, or of obtaining informa-tion required to be furnished in anyreport but not so furnished, any ware-houseman, dealer, trucker, or person en-gaged in the business of redrying, priz-ing or stemming tobacco for producersshAll make available for examinationupon written request by the State com-mittee or Director, such books, papers,records, accounts, cancelled checks, cor-respondence, contracts, documents, andmemoranda as the State committee orDirector has reason to believe are rele-vant and are within the control of suchperson.

§ 725.258 Length of time records andreports are to be kept. Records requiredto be kept and copies of the reports re-quired to be made by any. person under

§§ 725.230 to 725.260 for the 1951-52marketing year shall be kept by himuntil June 30, 1954, in the Case of flue-cured tobacco, and September. 30, 1954,in the case of Burley tobacco. Recordsshall be kept for such longer period oftime as may be requested in writing bythe Director or State committee.

§ 725.259 Information confidential.All data reported to'or acquired by theSecretary pursuant to the provisions of§§ 725.230 to 725.260 shall be kept confi-dential by all officers and employees ofthe United States Department of Agri-culture and by all members of com-munity committees and all members andemployees of county committees, andonly such data so reported or acquiredas the Assistant Administrator for Pro-duction, Production and Marketing Ad-ministration, deems relevant shall bedisclosed by them and then only in asuit or administrative hearing underTitle II of the Act.

§ 725.260 Redelegation of authority.Any authority delegated to the Statecommittee by § 725.230 to 725.260 maybe redelegated by the State committee.

Nem: The record keeping and reportingrequirements of these regulations have beenapproved by and subsequent reporting re-quirements will be subject to the approvalof the Bureau of the Budget in accordancewith the Federal Reports Act of 1942.

Done at Washington, D. C., this 22dday of May 1951. Witness my hand andseal of the Department of Agriculture.

[SEAL] CHARLEs F BRANNAN,Secretary of Agriculture.

IF. R. Dc. 51-6053; Filed, May 24, 1951;8:51 a. m.I

ChapterVIII---Production and Market-ing Administration (Sugar Branch),Department of Agriculture

Subchapter B-Sugar Requirements and Quotas[Sugar Reg. 814.5, Amdt. 1]

PART 814-ALLoOTIENT OF SUGAR QUOTASPUERTO RICO, 195I

Basis and purpose. This amendmentis issued under section 205 (a) of theSugar Act of 1948 (hereinafter calledthe "act") for the purpose of revising§ 814.5 (16 F. R. 1668) which allots the1951 sugar quota for Puerto Rico forconsumption in the continental Unitedftates (including raw sugar transferredfor further processing and shipmentwithin the direct-consumption portionof such quota) and the 1951 sugar quotafor local consumption in Pilerto Ricoamong persons (1) whose Puerto Ricanraw sugar is brought into the conti-nental United States or who transfersuch sugar for further processing andshipment to the continental UnitedStates as direct-consumption sugar, and(2) who market sugar for local con-sumption in Puerto Rico.

- The sugar quota for Puerto Rico forconsumption In the continental UnitedStates is referred to herein as "mainlandquota" and allotments thereof are re-

ferred to as "mainland allotments."The sugar quota for consumption inPuerto Rico and allotments thereof arereferred to respectively as "local quota"and "local allotments."

The allotments established by theinitial order were based upon estimatesof production of sugar from the 1950-51crop by each allottee and In order tosafeguard against the possibility of aprocessor exceeding its final allotment,the amount of each such Initial allot-ment which could be marketed prior toJune 1, 1951, was limited to 75 percentof such allotment.

Representatives of all allottees stip-ulated for the record of the hearing .onthese allotments or subsequently agreedin.writing that when so-called "Easterestimates" of production from the1950-51 sugarcane crop became avail-able, the initial allotment order for 1951should be revised on the basis of suchdata without change In the Initial for-mula and without further hearing.These "Easter estimates" are as follows:

Proportionateshares I

(short tons,Processor raw value)

Antonio Roig, Sucesores, S. en 0.. 52, 850Arturo Lluberas (estate of) y

Sobrinos (San Francisco) ------ 7,000Asociacion Azucarera Cooperative

(Lafayette) ---------. --- 38, 182Central Aguirre Sugar Co., a

trust ------------------------ 136,000Central Coloso, Inc ------------- .65,00Central Eureka, Inc ------------- 42,415Central Guamani, Inc ---------- 11,650Central Igualdad, Ic ---.-------- 51, 600Central Juanita, Inc ------------ 32, 0657Central Mercedlita, Inc ---------- 88 750Central Monserrate, Inc --------- 20, 220Central San Jose, Inc ----------- 21,830Central San Vicente, Inc --------- 57,500Central Victoria. Inc ------------- 21,610Compania Azucarera del Camuy,

Inc. (Rio Llano) -------------- 18,000Compania Azucarera del Toa.... 29, 700Cooperativa Azucarera Los Canes. 35, 200Corporaclon Azucarera Saurl and

Subira (Constancia Ponce)---- 16,000_Eastern Sugar Associates, a trust.. 143, 510Fajardo Sugar Co ---------... .. 100, 000Land Authority of Puerto Rico... 78,037Mario Mercado e Hijos (Ruflna).. 32, 312Mayaguez Sugar Co., Inc, (Roclie-

laise) ----------------------- 12. 650Plata Sugar Co ----------------- 60, 400Seller Sugar Co ----------------- 10, 000South Porto Rico Sugar Co. of

Puerto Rico --------------- 10, 821

Total ---------------- 1,290,200'Estimated 1950-51 crop production.

The greater accuracy of these new es-timates and continued orderly marketingmake desirable easing the limitation onmarketings so that 85 percent, Insteadof 75 percent, of each allotment may bemarketed and to extend the terminaldate of the limitation from June 1, 1951,to September 1, 1951. Each allotteeunder this order has agreed to thischange.

A number of allottees have marketednearly 75 percent of their allotments,hence they are precluded from orderlymarketing of additional quantities ofsugar until this amendment becomeseffective. Moreover, a number of allot-tees could exceed their allotments underthis amendment if they continue to mar-

4926


ket pursuant to the allotments andlimitations established by the initialallotment order. It is imperative, there-fore, that this amendment become effec-tive at the earliest possible date in orderto permit continued orderly marketingof sugar and to assure that allottees willnot exceed their final allotments of themainland and local quotas. Accordingly,it is hereby found that-compliance withthe 30-day effective date requirement ofthe Adminstrative Procedure Act (60Stat. 237) is impracticable and contraryto the public interest and, consequently,this amendment shall be effective whenpublished in the FEDERAL REcrsTER.

Pursuant to the authority vested inthe Secretary of Agriculture by section205 (a. of the act, paragraphs (a) and

Antonio Roig, Sucesores, S. en C .......Arturo Tsuheras (estate od) y Sblnnos (San Eranmo) - ...Aksonan Arurarera Cooperative (Laayette) --------central Agrre Sugar Co., a t... ......Central Cooso, In c. ----. .

Central Gunrn, Tc . . ....Central Igualdad. Inc ---.-.------- .... ........... . ... .Central Juanita, Inc_ ................. . ...........Central Moerre, -nc---

Central San-icente, In.CtraIlS V"t4 lV. , Inc L -- .........

Comp,s Azucarera del Camuy, Inc. (Rio Lano)Compa a Azucsrera del Toa .............. ..............Cooperativa Azucarera Los Cano_ ------------Corporacion Azuncrem Soun and Subirn (Costandia Pence)-Eastern Sugar Assoclates, a trust ...FaJardo Sugar Co ................................... .............Land Authority of Puerto -ico . .......laTarto -fercado e Hilos (Ruffs) .........................

Mayaguez Sugar Co., Inc. (RMmhela.. . ....Plat Sugar Co .......................................Sorler - ----- -..South Port Rico Sugar Co. of Puerto - ---------

Tote,1 ---

2. Paragraph (c) (1) of § 814.5 ishereby amended to read as follows:

(c) Restrictions on marketing. (1)Prior to September 1, 1951, each proc-essor named in paragraph (a) of thissection, together with the producers withwhom it shares its allotment underparagraph (b) of this section, is herebyprohibited from bringing into or market-ing for entry into the continentalUnited States for consumption therein,or from marketing for local consump-tion in Puerto Rico, any sugar in excessof 85 percent of the allotments estab-lished in paragraph (a) of this section,such quantities being shown in columns2 and 4 of the table in paragraph (a)of this section.(Sec. 403, 61 Stat. 932; 7 U. S. C. Sup., 1153.Interprets or applies sec. 205, 61 Stat. 926;7 U. S. C. Sup., 1115)

Done at Washington, D. C., this 22dday of Way, 1951. Witness my hand andseal of the Department of Agriculture.

EsMI CHARLEs F. BIMITAV,Secretary.

[F. R. Doe. 51-603"7; Flied, May 24, 1951:8:52 -a. m.1

c) (1) of § 814.5 are hereby amendedin the following manner:

1. Paragraph (a) of § 814.5 Is herebyrevised to read as follows:

§ 814.5 Allotments of 1951 sugarquotas for Puerto Rico--(a) Allotmmnts.The 1951 sugar quota for Puerto Rico forconsumption in the continental UnitedStates, including raw sugar to be fur-ther processed and shipped within thedirect-consumption portion of suchquota, amounting to 910,000 short tons ofsugar, raw value, and the 1951 su"arquota for local consumption in PuertoRico, amounting to 110,000 short tons ofsugar, raw value, are hereby allotted tothe following processors in amountswhich appear in columns (1) and (3)opposite their respective names:

Minland nllotracnt Lcmlallotrnaat

10Z,43

7,M21,14924. S1G

11,07M17,2744'.'71117,35

24,319L,0172537

04,071C4, ook))24.076

LM55

1N 29

(2)

M,525,043

61 G724,7517,07721, (,441. CAI1I ,72=14. C3

14.,511,7".

2,8148.191

F 3. M.~

10,27r'9, ras

Total

(3)

22,5

1, tI21222,

IN!1,51

1,8='I3iS

1,15r

1010,837

1,07

143

112

143

14143

9f0f, 3 _173 .1 2 v% 03 co 03

TITLE 16-COMMEICIALPRACTICES

Chapter I-Federal Trade Commission[Doclet 5776]

PART 3-DiGEsT or CszA Arm DESISTOnRMS

AUTOrIAxC voTs MacHInu coop. E AL.Subpart-Cutting off competitors' or

other's access to customers or market:§ 3.558 Instigating vexatious and ground-less taxpayers' suits. Subpart-Dispar-aging competitors and their products-Competitors: § 3.917 Facilities; § 3.950Reliability, history and financlal condi-tion-Competltors' products: § 3.M5Manufacture or -preparation; § 3.1000Performance; § 3.1010 Qualities or prop-erties; §3.1015 Quality. Subpart-In-terferng with competitors or theirgoods-Competitors: § 3.1087 Instigating-vexatious and groundless suits. In con-nection with the offering for sale, saand distilbution of voting machines incommerce, (1) representing in any man-ner or by any means, directly or by Im-plication, (a) that the financial con-dition of the competitor of re-pondent

FEDERZAL REGISTER 4927

co~oratlon Is unstable; (b) that thevoting machines of said competitor orthe counting mechrnism of said ma-chines can be improperly manipulatedwithout detection; (c) that the use ofsaid competitors voting machines isconducive to, or encourages, fraud inelections; (d) that said competitorlacks adequate experience In, or facili-ties for, servicing Its voting machines;(e) that the life expectancy of said com-petitor's voting machines is shorter thanIs the fact; Mf that the electric motorIn said competitor's voting machineserves no purpose other than to closeand open the curtains which enclose thevoter; (g) that It is necessary for votersto assume ungainly positions when vot-ig by means of said competitor's ver-tical column voting machine; (h) thatthe punching machine equipment inconjunction with said competitors ver-tical type voting machines is unusually.expensive; (i) that where said com-petitor's voting machine is used the costfor printing Is greater than is suchcost where the voting machine of re-spondent corporation is used; (j) thatwith said competitor's electrically ormanually operated voting machines, vot-ing is slower than with the respondentcorporation's electrically or manuallyoperated voting machines, respectively-(k) that secrecy in voting for write-incandidates Is destroyed or rendered im-possible when said competitor's votingmachine Is used; or, (1) that said com-petitor's voting machines do not fully,properly or secretly record or tabulate avoter's choice; or (2) instigating or fi-nancing, directly or indirectly, lawsuitsby others against purchasers or prospec-tive purchasers of the voting machinesof the competitor of respondent corpora-tion with the purpose, intent or effect ofhindering or obstructing the business orsales of said competitor, or of impound-ing; or having Impounded, moneys pay-able to or due said competitor, or of in-Juring the credit or reputation of saidcompetitor; prohibited, subject to theprovision, however, that such prohibitionshall not Impair any rights accorded re-spondents by state law openly undpublicly to cooperate in, support, financeor othervse encourage or promote liti-gation affecting contracts or awards forsaid competitor's voting machines wherethe respondent corporation-is the lowerbidder for electrically operated votngmachines as against the electri allyoperated voting machines of its com-petitor. or for manually operated votingmachines as against manually operatedvoting machines of its competitor, andwhere such litigation is brought in goodfaith; (a) To test and determin Judi-clally the validity of any such contractsawarded to said competitor in any juns-diction where the law now requires, orwhere In the future It may require, thatthe contract-awarding authority orgovernmental purchasing a.ency, with-out the righJt to exercise discretionshallmake Its award only to the lowest bidder;or (b) to test and determine judiciallyquestions of fraud, deceit or trickery;or (c) to question judicially the discre-tionary action of public omials in


awarding a contract for voting machinesto a higher bidder where it is apparentor in good conscience believed that suchpublic officials acted arbitrarily or ca-priciously, and where, upon request bythe losing bidder or by any within thejurisdiction affected, such public officialsfail or refuse to furmsh a valid reason formaking such award to the higher bidder.(Sec. 6, 38 Stat. 722; 15 U. S. C. 45. Interpretor apply sec. 5, 38 Stat. 719, as amended; 15U. S. C. 45) [Cease and desist order, Auto-matic Voting Machine Corporation et al.,Docket 5776, March 19, 1951]

In the Matter of Automatic VotingMachine Corporation et al.

This proceding was heard by WilliamL. Pack, trial examiner, upon the com-plaint of the Commission, respondents'substitute answers (in which, With cer-tam exceptions as to certain directors ofthe respondent corporation in their in-dividual capacities and as to one de-ceased respondent) all of the materialallegations of fact inthe complaint wereadmitted, certain affidavits executed bysaid directors, a stipulation as to certainmatters involved in the proceeding butnot specifically set forth in the com-plaint, and a proposed order which wasagreed upon by counsel submitting thecomplaint and counsel for respondents.

Thereafter the proceeding regularlycame on for final consideration by saidtrial examiner, theretofoije duly desig-nated by the Commission, upon the com-plaint, substitute answers, affidavits,stipulation, and proposed order (the i-ing of proposed findings and conclusionshaving been waived by counsel and oralargument not having been requested)and said trial examiner, having dulyconsidered the record and found that theinstant proceeding was in the interest ofthe public, made his initial decision com-prising certain findings as to the facts,conclusion,drawn therefrom, and order,including order to cease and desist, andorder dismissing the complaint as tocertain respondents as therein set forth.

Thereafter, the matter was disposedof as follows by the Commission's "Or-der denying respondents' appeal frominitial decision of the trial examiner anddecision of the Commission and order tofile report of compliance," 'Docket 5776,March 21, 1951.

This matter coming on to be heard bythe Commission upon the respondents'appeal from the trial exafiuner's initialdecision in this proceeding, and the briefin opposition thereto fired by counsel insupport of the complaint; and

It appearing to the Commission thatthe grounds relied upon in support ofsaid appeal are (1) that the alleged un-fair methods of competition and unfair

,or deceptive acts and practices makingup the alleged violation of law constitutea private controversy between the re-spondents and their competitor, redress-able in the courts, and do not involve oraffect the ptlblic interestf and (2) thatcertain of the trial examiner's findingsof fact and conclusions are improper inthat they are not supported by therecord, and

It further appearing that the questionof the public interest in this proceedingwas specifically adjudicated by the Con-

mission in its order of March, 19, 1951,denying the respondents' motion to stayfurther-proceedings and to stay the Issu-ance of an order to cease and desistherein; and

It further appearing also that the trialexaminer's findings of fact and conclu-sions-are all full supported by the recordwherein the respondents against whomthe order to cease and desist was directedadmitted all of the material allegationsof fact set forth in the complaint, waivedall hearings and further procedure as tosaid facts, including their right to Sub-mit to the trial examiner proposed find-ings as to the facts, and agreed that theCommission might make any findings asto the facts and conclusion it deemedadvisable and proper regarding the actsand practices admitted to have been en-gaged in and might issue any order itdeemed appropriate to prevent the re-spondents from thereafter engaging insuch acts and practices; and

The Commission being of the opinionthat the respondents' appeal is withoutmerit and that the trial examiner's in-itial decision is appropriate in all re-spects to dispose of this proceeding:

It is ordered, That the respondents'appeal from the initial decision of thetrial examiner and their request for oralargument in support of said appeal be,and they hereby are, demed.

It is further- ordered, That the at-tached initial decision of the trial ex-aminer shall on the 19th day of March1951, become the decision of the Com-mission.

It is further ordered, That the respond-ents (except Burton G. Tremaine III,George S. Stevenson, Burton G. Tre-maine, Jr., and W G. MCKetterick, intheir individual capacities, and respond-ent William H. Staring, now deceased)shall, within sixty (60) days after serv-ice upon them of this order file with theCommission a, report in writing settingforth in detail the manner and form inwhich they have complied with the orderto cease and desist.

The~said order to cease and desist, insaid initial decision, is as follows:

It is ordered, That respondent Auto-matic Voting Machine Corporation, acorporation, its officers and directors,and respondent Alaric R. Bailey, indi-vidually and as an officer and directorof said corporation, and respondent PaulA. Ahlstrom, individually and as an offi-cer of said corporation, and respondentsFrank P Stone, Raymond C. Anderson,Alvin N. Gustavson, and Oscar F Swan-son, individually and as employees ofsaid corporation, and respondent Burton1G. Tremaine In, as an officer and di-rector of said corporation, and respon-dents George S. Stevenson, Burton G.Tremaine, Jr., and W_'G. McKetterick,as directors of said corporation, and re-spondents' representatives, agents andemployees, directly or through any cor-15?rate or other device, in connection withthe offering for sale, sale and distribu-tion of voting machines in commerce,as "commerce" is defined in the FederalTrade Commission Act, do forthwithcease and desist from:

1. Representing in any manner or byany means, directly or by implication:

(a) That the financial condition ofthe competitor of respondent corpora-tion is unstable.

(b) That the voting machines of saidcompetitor or the counting mechanismof said machines can be improperlymanipulated without detection.

(c) That the use of said competitor'svoting machines is conducive to, or en-courages, fraud in elections.

(d) That said competitor lacks ade-quate experience in, or facilities for,servicing its voting machines.

(e) That the life expectancy of saidcompetitor's voting machines is shorterthan is the fact.

(f) That the electric motor In saidcompetitor's voting machine serves nopurpose other than to close and open thecurtains which enclose the voter.

(g) That it is necessary for voters toassume ungainly positions when votingby means of said competitor's verticalcolumn voting machine.

(h) That the punching machine equip-ment used in conjunction with said com-petitor's vertical type voting machines isunusually expensive,

(i) That where said competitor's vot-ing machine is used the cost for printingis greater than is such cost where thevoting machine of respondent corpora-tion is used.

(j) That with said competitor's elec-trically or manually operated voting ma-chines, voting is slower than with therespondent corporation's electrically ormanually operated voting machines, re-spectively.

(k) That secrecy in voting for write-incandidates is destroyed or rendered im-possible when said competitor's votingmachine is used.

(1) That said competitor's voting ma-chines do not fully properly or secretlyrecord or tabulate a voter's choice.

2. Instigating or financing, directly orindirectly, lawsuits by others againstpurchasers or prospective purchasers ofthe voting machines of the competitorof respondent corporation with the pur-pose, -intent or effect of hindering orobstructing the business or sales of saidcompetitor, or of impounding, or havingimpounded, moneys payable to or duesaid competitor, or of injuring the credit,or reputation of said competitor; pro-vided that notliing contained herein shallimpair any rights accorded respondentsby state law openly and publicly to co-operate in, support, finance or otherwiseencourage or promote litigation affectingcontracts or aWards for said competitor'svoting machines where the respondentcorporation is the lower bidder for elec-trically operated voting machines asagainst the electrically operated votingmachines of its competitor, or for manu-ally operated voting machines as againstmanually operated voting machines of itscompetitor, and where such litigation isbrought in good faith:

(a) To test and determine judiciallythe validity of any such contractsawarded to said competitor in any juris-diction where the law now requires, orwhere in the future it may require, thatthe contract-awarding authority or gov-ernmental purchasing agency, withoutthe right to exercise discretion, shall

4928


make its award only to the lowest bid-der; or

(b) To test and determine judiciallyquestions of fraud, deceit or trickery or

(c) To question judicially the discre-tionary action of public officials inawarding a contract for voting machinesto a higher bidder where it is apparentor in good conscience believed that suchpublic officials acted arbitrarily orcapn-ciously, and where, upon request by thelosing bidder or by any taxpayer withinthe jurisdiction affected, such publicofficials fail or refuse to furnish a validreason for making such award to thehighest bidder.

it ts further ordered, That the com-plaint herem be, and it hereby is, dis-missed as to respondents Burton G.Tremame II, George S. Stevenson, Bur-ton G. Tremaine, Jr., and W. G. McKet-terick in their individual capacities butnot in their respective capacities as offi-cers or directors of respondent corpora-tion, and that the complaint be, and ithereby is, dismissed as to respondentWilliam H. Staring, deceased since theinstitution of this proceeding.

Issued: March 21, 1951.By the Commission,

[SEAL] D. C. DANIEL,Secretary.

IF. R. Doc. 51-6032; Ffled, Way 24, 1951;8:47 a. m.]

TITLE 21-FOOD AND DRUGSChapter I-Food ana Drug Adminis-

tration, Federal Security Agency

PART -1-RGuLo nONs FOR THE ErFoRCE-=WrN OF THE FEDERAL FOOD, DRUG, AND

CoSH-TIc AcT

nIPORTS AND EXPORTS

Pursuant to the authority vested in theFederal Security Administrator and theSecretary of the Treasury by the provi-sions of sections 701 (b) and 801 (c) ofthe Federal Food, Drug, and CosmeticAct (52 Stat. 1040, 1055, as amended by63 Stat. 882; 21 U. S. C. 371 (b) 381(c)) the regulations for the enforcementof section 801 (21 CER 1.302-1.313, In-clusive; 15F. . 584, 2756) are rescindedand the following regulations are issuedm lieu thereof:Sec.1.315 Definitions.1216 Notice of sampling.1.317 Payment for samples.1.318 Hearing.1.319 Application for authorization.1.20 Granting of authorization.1.321 Bonds.1.322 Costs chargeable In connection with

relabeling and reconditioning inad-missible imports.

A o =Os': §§ 1.315 to 1.322 issued undersees. 371, 381, 52 Stat. 1040, 1055, as amended;21 U. S. C. 371,381.

=iIPOSTS AND XPORTS

§ 1.315 Definitions. For the purposesof the regulations prescribed under sec-tion 801 (a), (b) and (c) of the FederalFood, Drug, and Cosmetic Act:

(a) The term "owner" or "consignee"means the person who has the rights ofa consignee under the provisions of sec-

tions 483,484, and 435 of the Tariff Act of1930, as amended (19 U. S. C. 1483, 1484,1485)

(b) The term "chief of district" meansthe chief of the district of the Food andDrug Administation having Jurisdictionover the port of entry through which anarticle is Imported or offered for import,or such officer of the district as he maydesignate to act in his behalf in admin-istering and enforcing the provisions ofsection 801 (a) (b) and (c) .

§ 1.316 Notice of sampling. When asample of an article offered for importhas been requested by the chief of dis-trict, the collector of customs havingjurisdiction over the article shall give tothe owner or consignee prompt notice ofdelivery of, or intention to deliver, suchsample. Upon receipt of the notice, theowner or consignee shall hold such ar-ticle and not distribute it until furthernotice from the chief of district or thecollector of customs of the result ofexamination of the sample.

§ 1.317 Payment for samples. TheFood and Drug Administration will payfor all import samples which are foundto be in compliance with the require-ments of the Federal Food, Drug, andCosmetic Act. Billing for reimburse-ment should be made by the owner orconsignee to the Food and Drug Admin-istration district headquarters In whoseterritory the shipment was offered forimport. Payment for mmples will notbe made if the article is found to be inviolation of the act, even though subze-quently brought into compliance underthe terms of an authorization to brinthe article.into compliance or renderednot a food, drug, device, or cosmetic asset forth in § 1.319.

§ 1.318 Hearing. (a) If It appearsthat the article may be subject to refumlof admission, the chief of district shallgive the owner or consignee a rrittennotice to that effect, stating the reasonstherefor. The notice shall specify aplace and a period of time during whichthe owner or consignee shall have anopportunity to introduce testimony.Upon timely request, giving reasonablegrounds therefor, such time and placemay be changed. Such testimony shallbe confined to matters relevant to theadmissibility of the article, and may beintroduced orally 6r' In writing.

(b). If such owner or consignee sub-mits or indicates his intention to sub-mit an application for authorization torelabel or perform other action to bringthe article into compliance with the actor to render it other than a food, drug.device, or cosmetic, such testimony shallinclude evidence in support of such ap-plication. If such application is notsubmitted at or prior to the hearing, thechief of district shall specify a timelimit, reasonable In the light of the cir-cumstances, for filing such application.

§ L319 Application for authorization.Application for authorization to relabelor perform other action to bring the ar-ticle into compliance with the act or torender it other than a food, drug, device,

'For a list of districts of tho Foad andDrug Administration. rea the smz- LB-s= of November 27, 1948 (13 P.R. IC33).

or cosmetic may be filed only by theowner or consignee, and shall:

(a) Contain detailed proposals forbringing the article into compliancewith the act or rendering it other thana food, drug, device, or cosmetic.

(b) Specify the time and-place wheresuch operations will be carried out andthe approximate time for their com-pletion,

§ 1.320 Granting of authorization.(a) When authorization -contemplated'by -1.319 is granted, the chief of districtshall notify the applicant in writing,specifying:

(1) The procedure to be followed;(2) The disposition of the rejected

art1cles or portions thereof;(3) That the operations are to be

carried out under the supervision of anofficer of the Food and Drug Administra-tion or the Bureau of Customs, as thecase may be;

(4) A time limit, reasonable in thelight of the circumstances, for comple-tion of the operations; and

(5) Such other conditions as orenecessary to maintain adequate super-vision and control over the article.

(b) Upon receipt of a written requestfor extension of time to completesuch c2aratons, containing reasonablegrounds therefor, the chief of districtmay grant such additional time as hedeems necemary.

(c) An authorization may beamendedupon a showing of reasonable groundstherefor and the filing of an amendedapplication for authorization with thechief of district.

(d) If ownership of an article coveredby an authorization changes before theoperations specified in the authorizationhave been completed, the original ownerwill be held responsible, unless the newowner has executed a bond and obtaineda new authorization. Any authorizationgranted under this section shall super-sede and nullify any previously grante(dauthorization with respect to the article.

§ 1.321 Bonds. The bonds requiredunder saction 801 (b) of the act may beexecuted by the owner or consignee onthe appropriate form of a customssingle-entry or term bond, containing acondition for the redelivery of the mer-chandise or any part thereof upon de-and of the collector of customs and

containing a provision for the perform-ance of conditions as may legally beimposed for the relabeling or otheraction necessary to bring the article intocompliance with the act or rendering itother than a food, drug, device, or cos-metic, In such manner as is pascribedfor such bond in the customs rezulationsin force on the date of request for au-thorization. The bond shall be fliedwith the collector of customs.

§ 1.322 'Costs chargeable in connec-ton with relabeling and reconditioninginadmissible imports. The cost of super-vising the relabeling or other action inconnection with an import of fooddrugs.devices, or cosmetics which fails to com-ply with the Federal Food, Drug, andCosmetic Act shall be paid by the owneror consignee who files an application re-questing such action and executes a.

FEDERZAL REGISTER 4929


,bond, pursuant to section 801 (b) of theact, as amended. The cost of such super-vision shall include, but not be restrictedto, the following:

(a) Travel expensesof the supervisingofficer.

(b) Per diem in lieu of subsistence ofthe supervising officer when away fromhis home station, as provided by law.

(c) Services of the supervising officer,to be calculated at a flat rate of $3.00 perhour (which shall include administra-tive expense) 'except that such servicesperformed by a customs officer and sub-ject to the provisions of section 5 of theact of February 13, 1911, as amended (19U. S. C. 267) shall be calculated as pro-vided in that act.

(d) Services of analyst, to be calcu-lated at a flat rate of $3.50 per hour(which shall include the use of the-hem-ical laboratories and equipment of theFood and Drug Administration)

(e) The minimum charge for servicesof supervising officers and of analystsshall be not less than the charge for 1hour, and time after the first hour shallbe computed m multiples of 1 hour, dis-regarding fractional parts less than Y2

hour.Effective date. This order shall be-

come effective on the date of publicationin the FEDERAL REGISTER.

Notice and public proceedings are notnecessary prerequisites to the promulga-tion of this order for the reason that theyestablish rules of agency procedure andpractice.

Dated: April 25, 1951.OSCAR R. EWING,

Federal Security Admmistrator[SEAL] JOHN STGRAHAM,

Acting Secretary of Treasury.IF. R. Doe. 51-6009; Filed May 24, 1951;

8:45 a. m.] ,

TITLE 24-HOUSING ANDHOUSING CREDIT

Chapter I-Home Loan Bank Board,Housing and HomeFinance Agency

Subchapter C-Federal Savings and LoanSystem

[No. 4280]

PART 145-OPERATIONSUNSECURED LdANS, PERMITTING LARGER

LOANS GUARANTEED OR INSURED BY FED-ERAL HOUSING ADMINISTRATION OR VET-ERANS' ADMINISTRATION

MAY 21, 1951.Resolved that, pursuant to Part 108

of the General Regulations of the HomeLoan Bank Board (24 CFR Part 108) and§ 142.1 of the rules and regulations forthe Federal Savings and Loan System(24 CFR 142.1) notice and public pro-cedure having been duly afforded (16F R. 3195) paragraph (b) of § 145.8 ofthe rules and regulations for the Fed-eral Savings and Loan System (24 CFR.145.8 (b)) is hereby amended, effectiveMay 25, 1951, to read as follows:

(b) Simple-interest, discount, or gross-charge loans for. property- alteration,

repaif, or improvement (except busi-ness loans provided by section 503 of theServicemen's Readjustment Act of 1944,as now or hereafter amended, and notsecured by lien on real estate) withoutthe security of a lien upon such prop-erty, Provded, That:

(1) The net proceeds of any such loando not exceed $1,500;

(2) The property is located in suchassociation's regular lending area as de-fined m § 145.6-6;

(3) Each such loan is evidenced by oneor more negotiable notes, bonds, or otherwritten evidences of debt;

(4) The resulting aggregate amountof all such loans -does not exceed anamount equal to 15 percent of such asso-ciation's assets;

(5) Each such loan is repayable inregular monthly installments within aperiod of 5 years;

And provwded further That any suchloan for property alteration, repair, orimprovement that is accepted for insur-ance under the provisions of the NationalHousing Act, as now or hereafteramended, or for insurance or guaranteeunder the provisions of the Service-men's Readjustment Act of 1944, as nowor hereafter amended, may be made forsuch amount and repayable upon suchterms and within such period as are ac-ceptable to the insuring or guaranteeingagency, Proided, That no Federal asso-Ciation may make any unsecured loan toa director, officer, or employee of theassociation, or to any person or firmregularly serving the association in thecapacity of attorney-at-laW, except forthe alteration, repair, or improvement ofthe home or combination of home andbusiness property owned and occupied bysuch borrowing director, officer, em-ployee, attorney, or firm.

Resolved that, the effect of thisamendment betng to relieve a restrictionupon the lending powers of Federal sav-ings and loan associations, deferment ofthe effective date of such amendment isnot required, and it shall become ef-fective upon the date of publicationthereof in the FEDERAL REGISTER.(Secs. 4, 5, 48 Stat. 129, 132, as amended, Re-org. Plan No. 3 of 1947, 12 ?. R. 4981, 3 CFR,1947 Supp., 61 Stat. 954; 12 U. S. C. and Sup.,1463, 1464; 5 U. S. C. Sup., 133y-16 note)

By the Home Loan Bank Board.[SEAL] J. FRANCIS MOORE,

Secretary.IF. R. Dec. 51-6030; Filed, May 24, 1951;

8:47 a. m.]

Chapter Viii-Office of HousingExpediter

[Controlled Housing Rent Reg., Amdt. 377]

[Controlled Rooms in Rooming Houses andOther Establishments, Rent. Reg., Amdt.372]

PART 825-RENT REGULATIONS UNDER THEHOUSING AND RENT ACT OF 1947, AsAMENDED

CALIFORNIA, ILLINOIS, AND MICHIGAN

Amendment 377 to the ControlledHousing Rent Regulation (§§ 825.1 to

825.12) and Amendment 372 to the RentRegulation% for Controlled Rooms inRooming Houses and Other Establish-ments (§§ 825.81 to 825.92) Said regu-lations are amended in the followingrespects:

1. Schedule A, Item 38, is amended todescribe the counties In the Defense-Rental Area as follows:

San Francisco County; San Mateo County,except the Cities of Belmont, Burlingamo,Daly, Menlo Park, Millbrae, Redwood City,San Carlos, South San Francisco, San Mateo,San Bruno, the Community known asLomita Park which is adjacent to said Cityof San, Bruno, and the Town of Atherton;and Sonoma County, except (I) the Cities ofHealdsburg, Santa Rosa and Sebastopol, (ii)the Judicial Townships of Redwood andSonoma (ineluding the City of Sonoma) and(it) that portioA of Analy Judicial Town-ship lying west of the Monte Rio-Valley FordHighway and lying between Redwood Judi-cial Township on the north and the northernline of Matin County on the South.

This decontrols the City of Daly inSan Mateo County, California, a portionof the San Francisco Bay, California,Defense-Rental Area.

2. Schedule A, Item 83, is amended todescribe the counties in the Defense-Rental Area as follows:

Cook County, except the Cities of BlueIsland, Des Plaines and Park Ridge, and theVillages of Lansing, Mt. Prospect, Palatine,Riverdale, Westchester and Winnetka: DuPage County; Kane County; and LakeCounty, except the City of Lake Forest.

This decontrols (1) the City of LakeForest In Lake County, Illinois, and (2)the City of Park Ridge and the Villagesof Lansing, Palatine and Riverdale InCook County, Illinois, portions of theChicago, Illinois, Defense-Rental Area.

-(3) Schedule A, Item 149, is amendedto describe the counties in the Defense.Rental Area as follows:

Oakland County, except (1) the Town-ships of Addison, Avon, Bloomfield, Brandon,Commerce, Groveland, Highland, Holly, In-dependence, Milford, Oakland, Orion, Oxford,Rose, Springfield, Waterford and West Bloom-field, (i) the Villages of Clarkston, Holly,Lake Orion, Leonard, Milford, Ortonvilo,Oxford, Rochester and that portion of North-vlle located in Oakland County, and (ii)the Cities of Birmingham, Bloomfield Hills,Farmington, Ferndale, Hazel Park, Pontiac,Royal Oak, South Lyon and Sylvan Lake;Wayne County, except (1) the Cities ofGrosse Pointe, Grossoi Pointe Farms andPlymouth, (11) the Villages of Grosse PointeShores, Trenton and Wayne, and (i11) thatportion of the Village of Northville locatedin Wayne County; and Macomb County, ex-cept the City of Mount Clemens, and theTownships of Armada, Bruce, Lenox, Macomb,Ray, Richmond, Shelby, Sterling and Wash-ington.

In Washtenaw County, the Township ofAnn Arbor and the City of Ann Arbor.

This decontrols the Townships ofAvon, Commerce and Waterford in Oak-land County, Michigan, portions of theDetroit, Michigan, Defense-Rental Area.

4. Schedule A, Item 156, is amended todescribe the countiesoin the Defense-Rental Area as follows:

In St. Clair County, the Townships of Clay,Cottr6lvIlle and Ira, the Village of Algonao,and that portion of the City of Now Balti-more which lies within St. Clair Couinty.

4930

Friday, May 25, 1951 FEDERAL REGISTER

This decontrols the City of MarineCity in St. Clair County, Michigan, aportion of the Port Huron, Michigan,Defense-Rental Area.

All decontrols effected by this amend-ment are based on resolutions submittedin accordance with section 204 (j) (3)of the Housipg and Rent Act of 1947,as amended.(Sec. 204, 61 Stat. 197, as amended; 50 U. S. 0.App. Sup. 1894)

This amendment shall be effective asof May 25, 1951.

Issued this 22d day of May 1951.TIGHE E. WOODS,

HousJng Expediter.

[F. R. Doc. 51-6033; Filed, Ilay 24, 1951;8:47 a. i.]

TITLE 26-INTERNAL REVENUE

Chapter I-Bureau of Internal Reve-nue, Department of the Treasury

Subchapler A-income and Excess Profits Taxes

IT. D. 58411

PAr 19--INCOLIE TAX UNDER THEINTERNAL REVENUE CODE

PART 29-Ico TAX; TAXABLE YEARSBEGINNING AFTER DECEzIBER 31,1941

INVOLUNTARY LIQUIDATION AND REPLACE-LINT OF INVENTORIES ACCOUNTED FOR ONLAST-IN PMST-OUT BASIS

On October 13,1950, notice of proposedrul6 making regarding the amendmentof Regulations 103 (Part 19) and 111(Part 29) to conform to Public Law 756,81st Congress, approved September 5,1950, was published in the FEDERAL REG-IsTRs (15 F. R. 6891) After considera-tion of all relevant matter presented byinterested persons regarding the pro-posed amendments, the following amend-ments are hereby adopted:

PARAGRAPH 1. There is inserted imne-diately preceding § 19.22 (d)-l, as lastamended by Treasury Decision 575G, ap-proved November 2, 1949 (26 CFR 19.22(d)-l) the following:PaLIC rA.w 756, 81ST Cor ms, APRmovEn

SEPTEMSM 5, 1950

Be it enacted by the Senate and Houseof Representatives of the United States ofAmerica in Congress assembled, that sec-tion 22 (d) (6) (A) (relating to the In-voluntary liquidation and replacement ofelective inventories) is hereby amended asfollows:

(1) By amending that portion thereof pre-ceding clause (i) to read as follows:

(A) Adjustment of -net income and re-suiting tax. If, for any taxable year be-ginning after December. 31, 1940, and priorto January 1, 1948. the closing inventory ofa taxpayer inventorying goods under themethod provided in this subsection reflectsa decrease from the opening inventory ofsuch goods for such year, and if the taxpayerelects, at such time and in such mannerand subject to such regulations as the Com-missioner with the approval of the Secretarymay prescribe, to have the provisions of thisparagraph apply, and if it [is] establishedto the satisfaction of the Commissioner, inaccordance with such regulations, that suchdecrease is attributable to the involuntaryliquidation of such inventory as defined insubparagraph- p), and if the closing inven-

No. 102---3

tory of a subzcquent taxblo year, cndingprior to January 1, 1951, rdects a replace-ment, In whole or In part, of the goad, topreviously liquidated, the not Income of thetaxpayer otherwise determined for the yearof such Involuntary liquidation shall bo ad-justed as follows:

(b) The amendments made by thiss cctionshall be applicable with rcspcct to taxableyears beginning after December 31, 1940.

Pa. 2. Section 19.22 (d)-7, as addedby Treasury Decision 5199, approved De-cember 10, 1942, and amended by Treas-ury Decisions 5364, approved April 29,1944, and 5645, approved July 20, 1948(26 CFR 19.22 (d)-7), Is furtheramended as follows:

(A) By striking-from the second sen-tence of the first paragraph the follow-Ing words: "at the time of filing his in-come tax return for the year of theliquidation (or, with respect to liquida-tions occuring in a taxable year begin-nmg in 1941, at any time prior to August26, 1944)" and by inserting in lieuthereof the following: "at any time notlater than six months after the time offiling his income tax return for the yearof the liquidation (or, with respect toliquidations occurring in a taxable yearbeginning in 1941, at any time prior toAugust 26, 1944)"

(B) By inserting Immediately afterthe second rentence of the first para-graph the following: "(For extensions oftime, see Subpart H of Regulations 111,as added by Treasury Declson 5391, ap-proved July 14, 1944, and amended byTreasury Decision 5400, approvedAugust 22, 1944.)"

(C) By striking from the first Een-tence of the fourth paragraph the fol-lowing words: "at the time of fiing hisincome tax return for the year reflect-ing the decrease, or, with respect to ataxable year beginning in 1941, prior toAugust 26, 1944", and by inserting inlieu thereof the following: "not laterthan six months after the time of filinghis income tax return for the year re-flecting the decrease, or, with respect toa taxable year beginning in 1941, priorto August 26, 1944.",

(D) By inserting in the second sen-tence of the fourth paragraph, Immedl-ately after the words "the taxpayer shallattach to his return and make a partthereof", the following: " or he shallfurnish separately to the Commis-sioner,"

(E) By striking from the second Een-tence of the fourth paragraph, Imme-diately preceding "(5)" the word "and";by substituting a semicolon for the pe-rinod at the end of such paragraph; andby adding to such paragraph the follow-ing: "and (6) in the case of an electionmade pursuant tb an extension of timesought under S6bpart H more than sixmonths after the fing of the return forthe year of liquidation, the circum-stances relied upon as justifying theelection at such time, together with adisclosure of the extent, if any, to whichreplacements have already been made."

(F) By striking from the first sen-tence of the fifth paragraph the follow-Ing word: "prospective"

(G) By striking the first sentence ofthe eighth paragraph, and inserting inlieu thereof the following: "In some

cases It may appear that, at the time ofthe filing of the Income tax return forthe year of replacement, or within threeyears thereafter, an adjustment with re-spect to the Income or excess profitstaxes for the year of the Involuntaryliquidation, or for some prior, interven-ing, or subsequent taxable year, is pre-vented by the running of the statute oflimitations, by the execution of a clos-ing agreement, by virtue of a courtdecision which has become final, or byreason of some other provision or ruleof law other than section 3761 relatingto compromises and other than the in-ventory replacement provisions."

PAR. 3. There is inserted immediately'preceding § 29.22 (d)-1, as last amendedby Treasury Decision 5756 (26 CFR 29.22(d)-1) the following:Pum= Lw %156, 81-r Co= , Arm-ovrn

S naxnm 5, 1930

Ba It enacted by the Senate and Houoa ofRepresentative, of the United States ofAmerica In Congrc= a embled, That section22 (d) (6) (A) (relating to the involuntaryliquidation and replacement of elective in-ventOrles) is hereby amended as follas:

(1) By amending that portion thereofpreceding clauze (I) to read as follows:

(A) Adjustment of net Income and re-sulting tax. If. for any taxable year begin-ning after Dccember 31, 1940. and prior toJanuary 1, 1248, the clo.ing inventory of P_taxpayer inventorying goods under themethod provided in this subzection reflectsa dec e from the opening inventory ofsuch gced5 for such year, and f the taxpayerelect, at such time and In such manner andsubject to such regulations as the Commir-clonr with the approval of the Secretarymay pre-cribe, to have the provisions ofthis paragraph apply, and f it [I.] estab-JIshed to the satofactlon of the Ccmmls-stoner. in accordance with such regulations,that such decrase Is attributable to the in-voluntary liquidation of such Inventory asdefined in subparagraph (B), and If the des-ing Inventory of a subsequent taxable year.ending prior to January 1, 1951, reflects areplacement. in whole or in part, of the goodsso previously liquidated, the net income ofthe taxnaver otherwise determined for theyear of such involuntary liquidation shall beadjusted as follows:

(b) The amendments made by this section.chall be applicable with respect to taxableyearo be-ginning after December 31, 1940.

PAR. 4. Section 29.22 (d)-7, as lastamended by Treasury Decision 5645 (26CFR 29.22 (d)-7), Is further amended asfollows:

(A) By Inserting in the second sen-tence of the first paragraph, immediatelyafter the words, "If the taxpayer notifiesthe Commissioner at" the followig:"any time not later than six monthsafter"

(B) By Inserting immediately afterthe second sentence of the first para-graph the following: "(For extensions oftime. see Subpart H, as added by Treas-ury Decision 5391. approved July 14,1944,and amended by Treasury Decision 5400,approved August 22, 1944.)"

(C) By striking from the first sentenceof-the fourth paragraph the followingwords: "at the time of fing his incometax return" and by inserting in lieuthereof the following: "not later thansix months after the time of filing hisincome tax return"

(D) By Inserting in the second sen-tence of the fourth paragraph. mmndi-

4931


ately after the words "the taxpayer shallattach to his return and make a partthereof" the following: " or he shallfurnish separately to the Commissioner,"

(E) By striking from the second sen-tence of the fourth paragraph, inmedi-ately preceding "(5)" the word "and"*by substituting a semicolon for the periodat the end of such paragraph; and byadding to such paragraph the following:"and (6) in the case of an election madepursuant to an extension of time soughtunder Subpart H more than six monthsafter the filing of the return for the yearof lil'uidation, the circumstances reliedupon as justifying the election at suchtime, together with a disclosure of theextent, if any to which replacementshave already been made."

(F) By striking from the first sentenceof the fifth paragraph the followingword: "prospective"

(G) By striking the first sentence ofthe eighth paragraph and inserting inlieu thereof the following: "In somecases It may appear that, at the time ofthe filing of the income tax return forthe year of replacement, or within threeyears thereafter, an adjustment withrespect to the income or excess profitstaxes for the year of the involuntaryliquidation, or for some prior, inter-vening, or subseqqent taxable year, isprevented by the running of the statuteof limitations, by the execution of a clos-ing agreement, by yirtue of a court de-cision which has 'become final, or byreason of some other provision or ruleof law other than section 3761 relatingto compromises and other than the in-ventory replacement provisions."(53 Stat. 32, 467; 26 U. S. C. 62, 3791. In-terprets or applies 53 Stat. 9; 26 U. S. C. 22)

[SEAL] GEO. J. SCHOENETAN,Commissioner of Internal Revenue.

Approved: May 22, 1951.

THOMAS J. LYNCH,Acting Secretary of the Treasury.

[F. R. Doc. 51-6050; Filed, May 24, 1951;8:51 a. in.]

TITLE 29-LABORChapter V-Wage and Hour Division,

Department of Labor

PART 516-RECoRDs To BE KEPT BYEMPLOYERS

INDUSTRIAL HOLIEwORKERS

EDITORIAL NoTE: In Federal RegisterDocument 51-5115, appearing at page'3888 of the issue for Thursday, May 3,1951, the following correction has beenmade in the original document:

In § 516.21 (a) (3) the words "mean-ing of the" were inserted immediatelypreceding the word "terms" so thatsubparagraph (3) reads as follows:

(3) The meaning of the terms "per-son," "employ," "employer," "employee,""goods," and "production" as used in thissection is the same as in the act.

TITLE 32-NATIONAL DEFENSEChapter V-Department of the Army

Subchapter E-Organized Reserves

PART 562-RESERVE OFCERs' TRAININGCoRPs

TRAINING CAMPSPart 562 is amended by rescinding

§§ 562.58 through 562.69 and substitut-ing the following §§ 562.58 through562.67 in lieu thereof:Sec.562.58 Establishment, supervision, and com-

mand.562.59 Number, type, and location of camps.562.60 Designation.562.61 Time and. duration.562.62 Attendance.562.63 Deferred attendance.562.64 Absence from camp.562.65 Pay and allowances.562.66 Transportation.562.67 Dismissal and withdrawal from

camp.

AUHoRr.ry: §§ 562.58 to 562.67-issued undersec. 34, 41 Stat. 778; 10 U. S. C. 441.

SoURacE: §§ 562.58 to 562.64 contained inAR 145-30, Apr. 13, 1951 and §§ 562.65 to562.67 contained in SR 145-30-1, Apr. 13,1951.

TRAINING CAiPS

§562.58 Establishment, superviszon,and command. Continental army com-manders and appropriate oversea com-manders will establish and conductROTC training camps within their areasas directed by higher authority (§ 562.-59) 'These commanders are responsiblefor the operation, training, supply, andadministration of all such camps withinthe geographical boundaries of their re-spective areas. When any of the ad-nunmstrative or technical service ROTCtraining camps are located on class IIinstallations, continental army com-manders will be assisted by the heads ofthe corresponding services; and whenservice-type ROTC training camps areconducted at the sites of the serviceschools, continental army commanderswill coordinate all matters pertainingthereto with the heads of the servicesconcerned.

§ 562.59 Number type, and locationof camps. (a) The number, type, andlocation of camps will be determined bythe Chief, Army Field Forces, and theappropriate oversea commanders con-cerned, with the approval of the Depart-ment of the Army, at least 6 monthsprior to the opening date of such camps.

(b) The only camps provided for by§§ 562.58 to 562.67 are advanced coursecamps. The Department of the Armydoes not maintain camps for the instruc-tion of students in the jumor division orfor students at class MI institutions, assuch. Nevertheless, where such campsare maintained by institutions, the per-sonnel and equipment allotted to suchinstitutions may be used for this pur-pose, provided such use does not obligatethe Government financially beyond thenormal cost of maintenance of this-per-sonnel and eqmpment at the institution.

§ 562.60 Designation. Camps will bedesignated: "The Fort

ROTC Camp," "The Camp -----------ROTC Camp," etc.

§ 562.61 Time and duration. Ordi-narily, camps will open in June of eachyear (as soon as practicable after theclosing date of educational institutionsconcerned) and will continue for aperiod of 6 weeks.

§ 562.62 Attendance. (a) The Do-partment of the Army will prescribe thenumber of students in each continentalarmy area and oversea command to at-tend camps annually.

(b) Students In scientific and techni-cal courses, whose services will be neededin, and who wish to be commissioned Inbranches not represented by units ontheir campuses, may be authorized bycontinental army commanders to attendROTC camps of the appropriatebranches; provided such students areenrolled in academic courses prerequisiteto enrollment in advanced ROTC as pre-scribed by Department of the Armypublications.(c) Camp attendance Is required of,

and open to, students as Indicated in thisparagraph:

(1) Attendance at one camp Is re-quired of students enrolled In the ad-vanced course, normally upon completionof their first year of the advanced courseunless camp deferment was granted to asubsequent year under one of the provi-sions of § 562.63.

(2) Students who are required or whoelect to pursue technical training or on-.gage in employment in furtherance ofsuch training during the summer follow-ing their junior academic year, under thegeneral supervision of the authorities ofthe institution, may be authorized by,appropriate commanders to attend campupon completion of the advanced course.Such commanders are authorized to for-ward to the Department of the Army, forconsideration, cases of exceptional meritnot specifically covered by this subpara-graph and subparagraph (3) of thisparagraph.

(3) Students, who, after completion ofthe basic course, have but one more yearbefore graduation from collegiate Insti-tutions, and for whom curtailment of theadvanced course under § 562.29 is author-ized, may be permitted by the continentalarmy or oversea commander to attendcamp upon completion of the advancedcourse.

(4) Students who have completed thefreshmen academic year without partici-pation in the ROTC program during thatacademic year, but who have receivedcredit for the basic course under section47c, National Defense Act, as amended,and the joint resolution of September 8,1916 (39 Stat. 853; 10 U. S. C. 388), maybecome enrolled In the advanced courseupon signing advanced course contracts,and, upon their agreeing In writing toattend ROTC camp.

(5) Students pursuing the ROTCcourse under § 562.27, may be authorizedby continental army or oversea com-manders to attend an ROTC camp with-out expense to the Government otherother than payment for attendance asauthorized by section 47c, National De-fense Act. The conditions of attendance

4932


will be explained to each student and hewill be required to sign a waiver of claimagainst the United States for any allow-ance whatsoever based on such attend-ance, except for payment under section47c, National Defense Act, as amended.

(6) Institutions desiring to send non-veteran students of semor divisionROTC units to training camp after com-pletion of the basic course will be re-quired to secure approval to do so fromthe continental army commander con-cerned, prior to the close of the schoolyear.

(d) When the number of studentsthat can be trained is such that all can-not be accommodated, selection forcamp training will be made by the con-tinental army commander with priorityin the following order:

(1) Advanced course students towhom deferred camp attendance wasgranted the previous year.

(2) Students compelled to withdrawfrom a previous camp under the condi-tions cited in subparagraph (3) of thisparagraph.

(3) Advanced course students attend-fg at theunormal time, i. e., after satis-factory completion of the first year ofthe advanced course.

(4Y Students pursuing the ROTCcourse under § 562.27 authorized to at-tend.

(e) Students will not be authorizedto attend-more than one camp, except mthe followingcases:

(1) When the student was compelledto withdraw from a camp previously at-tended and was unable to complete thecamp course of instruction because ofsickness or cause other than miscon-duct, fault, or neglect on his part.

(2) When the student, after attendingcamp, has transferred to a unit of abranch of service other than that of thecamp previously attended.

(3) When authorized by the Secre-tary of the Army, in exceptional cases.In these cases the student, if eligible, willbe required to attend the next camp ofhis unit in accordance with the provi-sions of his advanced course contract.

(f) Exemption of members of the ad-vanced course from the required campattendance or the extension of credittoward such attendance for previousmilitary training is not authorized.

(g) The attendance under contractat ROTC training camp of ROTC stu-dents who have not completed the 2years' basic course or received credittherefor is not legally authorized.

§ 562.63 Deferred attendance. (a)Continental army and oversea com-manders are authorized to grant de-ferments from camp attendance whenit is not practicable for an advancedcourse student to attend camp untilafter the normal period, subject to thefollowing procedure:

(1) Written application, setting forthreasons for deferment will be preparedby the student and forwarded to theprofessor of military science and tactics.

(2) The professor of military scienceand tactics either will approve or dis-approve the request, with reasons there-for, and f o r w a r d application, by

Indorsement, to the appropriate com-mander.

(b) Deferment from advanced campattendance from a normal period to aperiod subsequent to graduation will notbe authorized unless the reasons givenare considered substantial.

(c) A student will not be permittedto defer his attendance at a trainingcamp beyond that Immediately followinghis graduation unless he Is physicallyunable to attend that camp. Evidenceof disability, in the form of a certificateby a reputable physician, will accompanyapplication for deferment.

(d) Requests for deferment from at-tendance at the camp which immedi-ately follows graduation, for reasonsother than indicated in pararph (c)of this section, will be forwarded to theDeapartment of the Army. Washington25, D. C., Attention: AGAO-R, for finalapproval.

§t562.64 Absence from camp. (a) Astudent who falls to receive at least 85percent of the total scheduled instruc-tion will not be credited with camp at-tendance nor will he be considered asfulfilling that part of his advancedcourse contract which requires camp at-tendance (see paragraph (b) (3) of thissection)

(b) Authority to be absent from campmay be granted under the following cir-cumstances by commanders indicated:

(1) For cogent reasons continentalarmy and oversea commanders may, ineach particular case. authorize a shortdelay in arrival, which in no event willextend beyond the fifth day of training.

(2) In exceptional cases when hard-ship would otherwse ensue, ROTC campcommanders. in each particular case.may authorize students to be abs.nt fromcamp for short periods not exceeding 15percent of total scheduled camp in-struction.

(3) Waivers to the provisions of parm-graph (a) of this section may be grantedin exceptional cases by the Chief. ArmyField Forces, and appropriate overeacommanders.

§ 562.65 Pay and allowances. (a)Members of the ROTC or other personsauthorized by the Secretary of the Armyto attend advanced camps shall be paidfor attendance at such camps at the rateprescribed for enlisted men of the firstgrade EE-1) with less than 4 months'service of the Regular Army.

(b) The veteran trainee may be auth-orized subsistence allowance in theamounts to which he is ordinarily en-titled and subject to the $210-$270-$280limiting proviso of the act of May 4, 1948(Pub. Law 512, 80th Cong.) while In ap-proved leave status from his place oftraining. Such leave may be used to at-tend ROTC camp or for any purpose. Itis considered that a trainee does not pur-sue his regular course of education ortraining for the period of summer Re-&erve officer training and, therefore, hewill not be paid subsistence for this pe-riod, unless he has sufficient accruedleave for which he has applied to coverthis period of training.

§ 562.66 Transportation-a) Trans.portation authority. (1) Students nor-

mally will be authorized to proceed todesignated camps from their institutions,or from their legal residences where thedistances from such residences to thecamps do not exceed the distances fromtheir institutions to the camps, and toreturn thereto, by the shortest usuallytraveled route.

02) In exceptional circumstances,continental army and oversea com-manders may-

(i) Authorize a student to proceed tothe camp designated for his unit fromhis legal residence when the distancefrom such residence to the camp isgreater than from the institution to thecamp. This authorization will be givenonly to students whose institutions closeso, early in the year as to make it im-practicable for them to proceed directfrom the Institution to the camp. Iforders are issued to a student while he isat home authorizing him to proceed toROTC training camp, he shall be re-turned to his home at the completion oftraining. If orders are issued while heis at the institution, he shall be returnedto his institution.

(i) In the interest of economy, au-thorize a student to attend a camp of abranch of service other than the campprescribed for his unit. If the camp tobe attended is beyond the territoriallimits of the army area in which the in-stitution of the student is located, thecamp attendance will be arranged by thecontinental army or oversea command-ers concerned, by direct correspondence.

(b) Travel allowances. (1) Membersof the ROTC will be paid travel allow-ances at the rate of 5 cents a mile fromthe place which the students are author-ized to proceed to camp and for the re-turn travel therdto. Payment of thetravel allowance for the return Joutfneymay be made In advance of the actualperformance thereof. DD Form 5(Voucher for Reimbursement of TravelAllowances and Payroll for Reserve Of-ficers' Training Corps) will be used as avoucher for payment of travel allow-ances, and copies of orders will be filedtherewith.

(2) Return travel allowance is not dueto a student until the close of camp.The commanding officer will pay travelallowances to a student upon dismissalor withdrawal If determined by him thatsuch advanced payment is proper anddesirable for the good of the service.However, the commanding officer Is au-thorized to withhold travel allowanceuntil the termination of the camp, if hedetermines such course advisable. Stu-dents who are returned to their homesfrom summer camps because of bemphysically disqualified will be paid travelallowances for the return trip prior todeparture from camp.

(3) The shortest, usually traveledroute will be the basis of calculation fortravel allowances. Travel allowancesfor members of the ROTC will be paidfrom the appropriation for ROTC.

(1) Order for travel to camp and re-turn therefrom will be Issued by conti-nental army or oversea commanders,or such subordinate authority as theymay designate.

(U1) In the case of a student author-ized to attend a camp in an army area



other than that wherein the place fromwhich he is directed to proceed is located,the travel order will be issued by thecontinental army commander of thearea from which the student is directedto travel, and three copies-of the orderwill be sent at once to the continentalarmy commander of the appropriate areaIn which the camp to be attended islocated for each student so ordered.

(c) Students without funds. Studentsunable to pay their own railroad faremay be authorized transportation inkind by continental army and overseascommanders; in which case orders is-sued will specifically state that trans-portation requests and meal tickets willbe furnished. Transportation requestand meal tickets will be forwarded tothe student, with orders directing himto proceed to camp. Cost of this trans-portation and subsistence will be borneby ROTC funds allocated to continentalarmy and oversea commanders.

§ 562.67 Dismissal and withdrawalfrom camp-Ca) Students who are dis-m:ssed from camp. (1) Any studentwho because of demonstrated inaptitude,indifference to training, or who is guiltyof mnsconduct, or whose habits or traitsof character indicate that upon comple-t'on of the course of instruction pre-scribed for ROTC units he wotild not bequalified for a commission in the Officers'Reserve Corps will be dismissed fromcamp by the camp commander. Suchaction by the cqmp commander will bebased upon a thorough and impartialinvestigation by a board of officers. Afull report concerning the dismissal ofthe student, setting forth the reasonstherefor, will be prepared in duplicate.The original will be forwprded to thecontinental army or oversea commanderof the area in which the, student's unitis located. The first copy will be for-warded to the authorities of the institu-tion in which the student is enrolled.

(2) While dismissal from camp ordi-narily will result in discharge from theROTC, such discharge is not included inthe dismissal. The professor of militaryscience and tactics at the institution,after thorough investigation and exami-nation of the report of dismissal, willrecommend to the continental army oroversea commander, through the head ofthe institution, either that the studentbe discharged from the ROTC or that he,in an exceptional case, be retainedtherein. Upon action by the higher au-thority designated above, -the professorof military science and tactics will takesteps accordingly.

(b) Students who withdraw fromcamp for their own convenience. Anystudent who desires to withdraw fromthe camp for his own convenience willbe interviewed by the camp commander,who will endeavor to persuade the stu-dent that it is to his advantage to com-plete the camp training. If the stu-dent persists in his desire, he will bepermitted to withdraw. The notation,"permitted to withdraw fromadvanced ROTC camp on ------------

(Date)for his own convenience," will be placedon the records of students who are per-

mitted to withdraw for their own con-venence. Students who withdraw fortheir own convenience will be advised-that they will be rsquired to refund allTcommutation of subsistence, so far re-ceived as a condition precedent to re-lease from contract, and that in thediscretion of the institutional authoritiesthey may be required to refund to theinstitution the unearned portion of ad-vanced course commutation of uniformallowance expended in their behalf.

(c) Students who are compelled bynecessity, not involving fault or mzs-conduct, to withdraw from camp. Anystudent who is compelled by necessityto leave camp through no fault or mis-conduct of this own may be permittedto withdraw by the commanding officer.Students who are permitted to with-draw from camp are entitled to trans-portation and subsistence as providedhereinafter.

(d) Students who are discharged fromcamp for convenience of Government forfailure to demonstrate qualities and at-tributes essential in commissioned offi-cer If the student, having faithfullyfulfilled the provisions of his contract,is discharged for the convenience of theGovernment because of failure to dem-onstrate the qualities and attributes es-sential in a commissioned officer he willnot be required to refund to the Govern-ment allowances made to him for pay,subsistence, or t:'avel, etc,

[SEAL] WlI. E. BERGIN,Mayor General, U. S. Army,

Acting Adjutant General.L. R. Doc. 51-6028; Filed, May 24, 1951;

8:47 a. in.]

Chapter XVII-Federal Civil DefenseAdministration

CIVIL DEFENSE REGULATIONS

The following regulations, which con-sist of Part 1700, Definitions, Part 1701,Contributions for Organizational Equip-ment, and Part 1703, Procedure forStopping or Withholding Payments un-der section 201 .(i) of the Federal CivilDdfense Act of 1950, are hereby issued.

PART 1700-DEFINITIONSSec.1700.1 Meaning of terms.1700.2 Act.1700.3 Administration.1700.4 Administratora1700.5 Adminlstrative expenses.1700.6 Civil defense.1700.7 Facilities.1700.8 FCDA.1700.9 Materials.1700.10 RFC.1700.11 State.1700.12 Critical target area.

AuTHoarry: §§ 1700.1 to 1700.12 issued un-der see. 401, Pub. Law 920, 81st Cong.

§ 1700.1 Meaning of terms. Exceptas otherwise stated, the terms and ab-breviations in §§ 1700.2 through 1700.12shall have the meanings as definedtherein when used in the regulations mthis chapter.

§ 1700.2 Act. The Federal Civil De-fense Act of 1950.

§ 1700.3 Administration. The Fed-eral Civil Defense Administration,

§ 1700.4 Administrator The FederalCivil Defense Administrator.

,§ 1700.5 Administrative expenses.Expenses of a State and Its political sub-divisions incurred In the admininstra-tion of State and local laws, ordinances,regulations and codes, Including, but notlimited to, salaries of officials and em-ployees, traveling expenses, office rent,and office supplies.

§ 1700.6 Civil defense. The term"civil defense" means all those activitiesand measures designed or undertaken(a) to minimize the effects upon thecivilian population caused or whichwould be caused by an attack upon theUnited States, (b) to deal with the im-mediate emergency conditions whichwould be created by any such attack,and (c) to effectuate emergency re-pairs to, or the emergency restorationof, vital utilities and facilities destroyedor damaged by any such attack Suchterm shall include, but shall not belimited to, (1) measures to be taken inpreparation for anticipated attack (in-cluding the establishment of appro-priate organization, operational plans,and supporting agreement; the recruit-ment and training of personnel; the con-duct of research; the procurement andstockpiling of necessary materials andsupplies; the provisions of suitable warn-ing systems; and, when appropriate, thenon-military evacuation of civil popu-lation; (2) measures to be taken dur-ing attack (including the enforcementof passive defense regulations prescribedby duly established military or civil au-thorities; the evacuation of personnelto shelter areas; the control of trafficand panic; and the control and use oflighting and civil communications), and(3) measures to be taken following at-tack (including activities for fire fight-Ing; rescue, emergency medical, healthand sanitation services; monitoring forspecific hazards of special weapons;unexplored bomb reconnaissance; essen-tial debris clearance; emergency wel-fare measures; and immediately essen-tial emergency repair or restoration ofdamaged vital facilities)

§ 1700.7 Facilities. Buildings, shel-ters, utilities and land.

§ 1700.8 FCDA; Federal Civil DefenseAdministration.

§ 1700.9 Materials. Raw materials,supplies, iiedicines, equipment, com-ponent parts, technical information andprocesses necessary for civil defense.

§ 1700.10 RFC. Reconstruction FI-nance Corporation.

§ 1700.11 State. Any of the severalStates, the District of Columbia, the ter-ritories, and possessions of the -UnitedStates.-

§ 1700.12 Critical target area. Anyarea (including the central municipalityand the surrounding metropolitan area)determined by the Administrator afterconstultation with the Secreta' of De-fense to be a critical target for an attack,

4934


PART 1701-CoxinUBUONS rO ORGANI-ZATIONAL EQUIPIIENT

See.1701.1 Purpose.1701.2 Definitions.1701.3 Conditions of contributions.1701.4 Estimate of needs for organizational

eqmpment.1701.5 Requests for contributions; signa-

ture; forms.1701.6 Procurement of equipment I'avolv-

mg Federal funds.1701.7 Approval of requests.1701.8 Billing and payment.

AuwnoRrn': § 1701.1 to 1701.8 issued un-der sec. 401, Pub. Law 920, 81st Cong. Inter-pret or apply see. 201, Pub. Law 920, 81stCong.

§ 1701.1 Purpose. The purpose of theregulations m this part is to prescribethe procedures to be followed in apply-ing for and making Federal contribu-tions for the purchase of organizationalequipment, and the conditions underwhich such contributions will be made.

§ 1701.2 Definitions. (a) Except asotherwise stated the following termsshall have the following meanings whenused in the regulations in this part:

(1) Organizational equipment. Equip-ment (other than personal equipment)which the Administrator determines isnecessary to a civil defense organiza-tion for civil defense purposes and whichis of such a nature as to require the con-tribution of Federal funds, but not in-cluding items of equipment which thelocal community normally utilizes incombating local disasters except- whenrequired in unusual quantities dictatedby the requirements of civil defenseplans.

(2) Standard items. Items of equip-ment or materials for which specifica-tions have been issued by the Adminis-trator.

§ 1701.3 Conditions of contributions.(a) The Administrator will make con-tributions to States for organizationalequipment sub3ect to the following con-ditions:

(1) Adminstrative-expenses and per-sonal equipment. No contributions shallbe made for State or local personnel oradministrative expenses or for items ofpersonal equipment for State or localworkers.

(2) Matching State funds. Theamounts authorized to be contributed toeach State for organizational equipmentshall be matched by such State from anysource it determines is consistent withits laws. The making of an applicationfor a contribution shall constitute anassurance by the State that funds tomatch the proposed Federal contribu-tion are available.

(3) Specifications. Specifications fororganizational equipment shall be ap-proved by the Administrator.

(4) Allocation of organizational equip-mnent purchases. The Administrator willallocate organizational equipment con-tributions, purchases and deliveries withrespedt to item, program, and area pri-orities as determined from time to timeby him.

(5) Distribution, use, maintenance,and disposal of organizational equip-inent. Organizational equipment, whenprocured, will be distributed, used and

_J

maintained in accordance with suchstandards as the Administrator may pre-scribe. Such organizational equipmentshall not be disposed of without the priorapproval of the Administrator.

(6) Inspection. The Administrator orhis representatives shall have access toorganizational equipment at all times forthe purpose -of inspection.

(7) Sale of organizational equipment.In the event organizational equipmentis sold or traded in on new equipment,the State will remit to FCDA, or creditFCDA with, a percentage of the sellingprice or trade-in allowance equal to thepercentage of Federal contribution to-ward the original purchase price thereof.

(8) Loyalty oath. No request for or-ganzational equipment shall be ap-proved by the Administrator unle-ts U)the State law requires that each per-son, other than a Federal employee, whois appointed to serve in a State or localorganization forcivil defense shall, be-fore entering upon his duties, take anoath in writing before a person au-thorized to administer oaths, whichoath shall be substantially as follows:

I ...... do rlemnlyswear (or afirm) that I will support anddefend the Constitution of the United Statesagainst all enemies, foreign and domestic;that I will bear true faith and alleZenceto the ame; that I take this obligationfreely without any mental reservation orpurpose of evasion and that I will well andfalthfullk discharge the duties upon whichI am about to enter.

And I do further swear (or affilrm) that Ido not advocate, nor am I a member or anaffiliate of any organization, group, or com-bination of persons that advocates tho over-throw of the Government of the UnitedStates by force or violence: and that duringsuch time as I am a nember of the (namo ofcivil defense organization), I will not ad-vocate nor become a member of an afiiateof any organization, group or combinationof persons that advocates the overthrow ofthe Government of the United State3 byforce or violence.

or (ii) the State certifies that it has di-rected the State civil defense agency torequire that each person, other than aFederal employee, who is appointed toserve'in a State or local organization forcivil defense, shall, before entering uponhis duties, take such an oath in writingbefore a person authorized to administeroaths.

(9) Failure to expend funds. Where aState is to act as its own purchasingagent, the making of an application fora contribution shall constitute an assur-ance that, whenever the Administrator,after reasonable notice and opportunityfor hearing, finds that the State hasfailed or Is failing to expend funds inaccordance with the terms and condi-tions of the Act or the Administrator'srules and requirements thereunder, allsuch findings shall be final, and theState shall have no claim or right ofAction against the Federal Government,the Administration, or any other agencyof or individual employed by the FederalGovernment by reason of any actiontaken by the Administrator based on oneor more of such findings.

§ 1701.4 Estimate of needs for organi-zational equipment. Each State desiringcontributions for organizational equip-

ment shall file with the Administratoran estimate of the needs of each of itsmunicipalities or other political subdivi-sions for such equipment. Each suchestimate shall be filed in duplicate onFCDA Form No. 102 This estimate willnot be considered as a commitment bythe State, nor will final allocations bemade by the Administrator on the basisthereof.

§ 1701.5 Requests for contrf tions;signature; forms. A request for a con-tribution for organizational equipmentshall be signed by the Governor or bysuch other State officer as shall be dulyauthorized, in which latter case suchofficer's authority shall be on file withFCDA.

§ 1701.6 Procurement of equzpmentinrol'ng Federal funds. (a) No equip-ment for which a Federal contributionhas been or is to be made shall bepurchased without the approval of theAdministrator. The Administrator ordi-narily will arrange for the procurementof standard Items of org-aniationalequipment. The State will ordinarilyprocure non-standard Items. The Statemay also, but only upon the prior ap-proval of the Administrator, procurestandard items. In determiningwhether a State may procure standardItems, the Administrator shall considerthe availability of defense productionpriorities, and evidence that applicablespecifications are equal or superior tothe specifications established by hin.

(b) When a State procures organiza-tional equipment, the amount of theFederal contribution shall not exceed thesum of 50 percent of what the Admmis-trator would have paid had he purchasedthe equipment, plus 50 percent of t~etransportation.

§ 1701.7 Approval of requests. (a)Upon approval by the Administrator of arequest for organizational equipmentwhich he is to procure, an acknowledg-ment will be returned to the State, andthe State may anticipate delivery,transportation prepaid to the nearestfreight station, to the consignee sped-fled in the request.

(b) Upon approval by the Admmis-trator of a request for organizationalequipment which the State is to pro-cure, an acknowledgment will be re-turned to the State and the State maythen undertake procurement.

(c) In the event the Adunistratordisapproves a request, he shall notifythe State thereof In writing, giving abrief statement of his reasons for suchdisapproval.

§ 1701.8 Billing. and payment. (a)When organizational equipment pro-cured by the Administrator has been de-

Z FCDA Form lo. 102 calls for an estimate,by municipalities, of the needs for organiza-tional equipment. The estimate is to bebrosen down by items. Information calledfor includes the name of each item, the Itemnumber, the quantity dezired and the unitprice. Copies of this form may be obtainedfrom the Federal Civil Defense Admilnistra-tor. Washington. D. C, from the severalPc-ejlnal Ofces of the Federal Civil DefenseAdministration. and from the civil defensedirectors of each state.

FEDERZAL MEISTER 4935


livered to the State, the Administratorwill invoice the State for the State'sshare, and the State shall make promptpayment, through the Administrator, tothe Treasurer of the United .tates. Theinvoice shall also include one-half thecost of any procurement services billedto FCDA by other Federal agencies, butnot including any FCDA administrativecosts.

(b) When organizational equipmenthas been procured by a State, the Statewill submit an invoice to the Adminis-trator. The invoice shall be in anamount not to exceed 50 percent of thesum of the cost of the equipment andthe transportation charges.

PART 1703-PROCEDURE FOR STOPPING ORWITHHOLDING PAYMENTS UNDER SECTION201 (I) OF THE FEDERAL CIVIL DEFENSEACT OF 1950

See.1703.1 Purpose.1703.2 Notice of intention to withhold pay-

ments.1703.3 Notice of hearing.1703.4 Hearings.1703.5 Withholding of payments.

AUTHORITY: § § 1703.1 to 1703.5 issued undersec. 401, Pub. Law 920, 81st Cong. Interpretor apply sec. 201, Pub. Law 920, 81st Cong.

§ 1703.1 Purpose. The purpose ofthe regulations in this part is to establish,pursuant to section 201 (i) of the act, aprocedure for withholding contributionsfor civil defense purposes.

§ 1703.2 Notice of intention to with-hold payments. Whenever the Admin-istrator has reason to believe that therehas been a failure to expend funds inaccordance with the terms and condi-tions governing a Federal contribution,he shall notify the State of such fact andof his intention to stop or withhold fur-ther contributions or payments unlessthe alleged failure is satisfactorily ex-plained.

§ 1703.3 Notice of hearing. If within5 days after the State receives the noticedescribed in § 1703.2 the State requeststhe Administrator to hold a hearing, theAdministrator will set the matter forhearing. The Administrator will givethe State reasonable notice of the time

.and place of the hearing; of the termsand conditions which he has reason tobelieve have not been complied with inthe expenditure of funds; and of the con-tributions and payments which he pro-poses to stop or withhold.

§ 1703.4 Hearings. Any hearing un-der this part shall be held before theAdministrator or an officer designatedtherefor. The Administrator or suchofficer shall determine all matters withrespect to the conduct of the hearing,but the State shall be given full oppor-tunity to present its position.

§ 1703.5 Withholding of payments.(a) If after such hearing, or after oppor-tunity therefor, the Administrator findsthat there has been a failure to expendfunds In accordance with the terms andconditions governing the Federal contri-bution, the Administrator will stop andwithhold such contributions and pay-ments as he may consider advisable until

the failure to expend funds in accord-ance with said terms and conditions hasbeen corrected or he is satisfied thatthere will no longer be any such failure.

(b) If within the 5-day period statedIn § 1703.3 the State does not request ahearing, the Administrator may stop orwithhold contributions and paymentsuntil he is satisfied that there will nolonger be any failure to expend funds inaccordance with terms and conditionsgoverning a Federal contribution for anapproved program or project.

NoTE: All record-keeping and reporting re-quirements of these regulations have beenapproved by the Bureau of the Budget inaccordance with the Federal Reports Act of1942.

These regulations shall be effective onMay 25, 1951.

MILLARD CALDWELL,Admznistrator

Federal Civil Defense Administration.[F. R. Doc. 51-6029; Filed, May 24, 1951;

8:47 a. e.]-

TITLE 32A-NATIONAL DEFENSE,APPENDIX

Chapter Ill-Office of Price Stabiliza-tion, Economic Stabilization Agency[Ceiling Price Regulation 29, Correction]

CPR 29-PURE NICKEL SCRAp, MONELMETAL SCRAP, STAINLESS STEEL SCRAP,AND OTHER SCRAP MATERIALS CONTAIN-ING NICKEL

CORRECTIONIn F R. Doc. 51-5283 (16 F R. 3945)

the second sentence of section 3 (b) (3)(I) reading: "This percentage shall notbe applied to any brokerage commission"is corrected to read as follows: "Thispercentage shall not be applied to anypreparation premium." -(Sec. 704, Pub. Law 774, 81st Cong. In-terprets or applies Title IV, Pub. Law 774,81st Cong.,-E. 0. 10161, Sept. 9, 1950, 15 F. R.6105, 3 CFR, 1950 Supp.),

MICHAEL V DISALLE,Director of Przce Stabilization.

MAY 24, 1951.[F. R. Doc. 51-6124; Filed, May 24, 1951;

10:24 a. m.]

[Ceiling Price Regulation 31, Amdt. 2]

CPR 31-IMIPORTSBURLAP 1008

Pursuant to the Defense ProductionAct of 1950 (Pub. Law 774, 81st Cong.)Executive Order 10161 (15 F R. 6105),and Economic Stabilization Agency Gen-eral Order No. 2 (16 F R. 738) thisAmendment 2 to Ceiling Price Regula-tion 31 is hereby 4ssued.

STATEMENT OF CONSIDERATIONS

The accompanying amendment toCeiling Price Regulation ,31 is madenecessary by the issuance of CeilingPrice Regulation 4011 which establishesceiling prices on purchases and sales

I See F. R. Doc 51-6123, %nfra.

of burlap of certain specified construc-tions. Ceiling price Regulation 31 ex-cepts from its coverage Certain com-modities including burlap as describedin paragraph 1008 of the current U. S.Tariff Schedule as published by the U. S.Tariff Commission.

The effect of this amendment is thatburlap of constructions other than thosespecified in Ceiling Price Regulation 40will be covered by Ceiling Price Reg-ulation 31.

AMENDATORY PROVISIONS

Ceiling Price Regulation 31 is amendedin the following respect: Delete fromAppendix A thereof "Burlap 1008"(See. 764 Pub. Law 774, 81st Cong. Inter-prets or applies Title IV, Pub. Law 774, 81stCong., E. 0. 10161, Sept. 9, 1950; 15 F. R.6105, 3 CFR, 1950"Supp.)

Effective date. This amendment shallbecome effective May 24, 1951.

MICHAEL V DISALLE,Director of Price Stabilization,

MAY 24, 1951.[F. R. Doc. 51-6122; Filed, May 24, 1951,

10:24 a. m.]

[Ceiling Price Regulation 40]

CPR 40-BURLAPPursuant to the Defense Production

Act of 1950 (Pub. Law 774, 81st Cong.),Executive Order 10161 (15 F R. 6105),and Economic Stabilization Agency Gon-enal Order No. 2 (16 F 1. 738), this Ceil-ing Price Regulation 40 Is hereby Issued,

STATEMENT OF CONSIDERATIONS

Burlap, a wholly imported commodity,Is a coarse woven cloth produced fromjute fiber and Is widely used in theUnited States for packaging feed, ferti-lizer, and agricultural and Industrialproducts, and In the manufacture ofautomobiles, furniture, floor coveringand other goods. In recent years thiscountry's annual consumption of burlaphas averaged about 800,000,000 yards.Most of the world's supply of jute fiber isgrown in Pakistan and made Into burlapin mills located in and around Calcutta,India. Them Indian mills produced 95.5percent of the burlap imported Into theUnited States In 1949 and 86.6 percent ofit in 1950.

During World War II the price ofburlap was controlled by OPA RevisedPrice Schedule 18, which-owas IssuedAugust 15, 1941. Ceiling prices for thefabric were continued In effect both heroand in India until October 1946. For aportion of this time the United StatesGovernment, under a government pur-chase and allocation program, was thesole importer of burlap.

In September 1949 Great Britain de-valued the pound and India, In an ac-companying action, devalued its rupee.Pakistan, however, did not devalue ItsCurrency. Since India refused to recog-nize the par value of the Pakistan rupee,trade between the two countries came toa virtual standstill. Among otherthings, this caused a substantial cur-tailment of the amount of raw juice

4936


available to the Indian mills, which werethus made almost wholly independent onIndia's own insufficient jute crop.

In an effort to forestall the inflationaryeffects of this situation, India in October1949 again established ceiling prices forjute and jute. products. From that timeuntil the middle of 1950, resale pricesof burlap in this country, while neces-sarily above the cost predicated on In-dian ceilings, were relatively stable. Inthe second half of 1950 increased de-mands for burlap and the continuingshortage of jute in India combined toraise the resale prices of burlap in thiscountry and elsewhere to unprecedentedlevels. India thereupon sought ways toclose the gap between such prices andits ceiling and thus relieve the heavypressure on it§ controls. In furtheranceof this objective, India doubled the ex-port duty on burlap in October 1950 andagain in November 1950.

On February 25,1951, India and Pakis-tan settled their 17-month trade impasseby an agreement in which India recog-nized the Pakistan rupee at par andPakistan agreed to sell India a quantityof jute at Pakistan's going market prices.This meant that the mills would have topay more for jute and that India wouldhave to raise its ceiling prices or abandonits controls. On March 9, 1951, Indiadecontrolled jute and jute goods and theprices of both immediately shot upward.In fact, burlap's landed (ex-dock) costim the United States rose above the re-sale ceilings established for most of itsImporters by the General Ceiling PriceRegulation. At the time India decon-trolled, the landed cost of 40-inch,10-ounce burlap (one of the most popularconstructions used in this country) wasabout 23 cents per yard. Thereafter, itwent as high as approximately 38 centsper yard. While the landed cost of thisconstruction has since experienced somedecline and has tended to stabilize in arange between 32 cents and 33 cents peryard, it remains above the GCPR ceilingof most importers. The same is trueas to landed costs of other burlap con-structions.

These conditions have made it unpos-sible for most importers to resell burlap,and for many importing manufacturersto supply-burlap bags and related items,without incurring loss. -They havegreatly reduced the trading in burlapand have limited new sales of burlapproducts to negligible quantities. A

,primary purpose of this regulation is toalleviate this situation.

The ceiling prices hereby fixed aregenerally in line with the present level ofprices for burlap landed in the UnitedStates. In determining such ceilingsthe following factors, among others,were taken into consideration: (1)India's ceiling prices up to March 9, 1951,the date it abandoned controls; (2) in-creases since then" in the cost of rawjute.to the Indian mills; (3) marketprices of burlap prevailing in India andelsewhere since March 9, 1951, (4) thepressing demand for burlap in this coun-try to supply agricultural, industrial,and other needs; (5) the current Indianexport duty and the current costs of im-portation into the United States; and

(6) the dollar-and-cents markup cus-tomarily received by importers In thepre-Korean period on sales of more than25 bales and of les than that amount.For most burlap constructions 25 balesconstitute, roughly, a carload shipment.

This regulation establishes dollars-and-cents ceiling import purchase pricesfor burlap of specified constructions, anda method for computing ceiling prices forsales of burlap after mportation. Theceilings for sales after importation of 25bales or more are computed under theregulation by adding to the ceiling m-portpurchase prices an amount equal to3 percent of such prices. With respectto sales of less than 25 bales, a 6 percentfactor is used to determine the ceilingprice for lots of 1 bale, and customarydifferentials are applied thereto to de-termine ceiling prices for other smallquantftles up to 25 bales. These factorsrepresent a translation into percentagesof the customary dollars-and-centsmarkups received by importers. Theyaccomplish uniformity and provide aneasy method of computing the applicableceiling prices for post-import sales andpurchases. The regulation also pro-vides that, under certain conditions, itshall not operate to prevent the per-formance of written contracts for thesale of burlap which comply with theGeneral Ceiling Price Regulation. Con-structions not covered by this regulationconstitute a relatively sall proportionof the total quantity of burlap Importedinto the United States and are not com-parable to the listed constructions.Ceilipg prices for these are to be deter-mined under CPR 31, Imports.

In formulating this regulation the Di-rector, to the extent practicable underthe circumstances, has consulted withrepresentative members of the industry.It was their opinion that the level of celllag prices hereby established would havea stabilizing effect and would be in-strumental in renewing the flow of bur-lap into this country. The Director hasgiven consideration to this opinion andto the recommendations of said industrymembers.

In the judgment of the Director, basedupon an analysis of the presently avail-able data, the provisions of this regula-tion and the ceiling prices establishedare generally fair and equitable and wleffectuate the purposes of Title IV of theDefense Production Act of 1950. A morecomprehensive analysis may indicatethat lower prices also are generally fairand equitable and would more effectivelyaccomplish the purposes of Title IV ofthe act. If this proves to be the case, theDirector stands ready to make such re-visions as may appear to be warranted.

REGULAT0RY PROVSIONsSec.

1. What this reaulatlon does.2. Applicability.3. Ceiling import purchace prices.4. Ceiling prices for cale3 after Importation

of isted constructions.5. Ceiling prices for raIe of constructions

not listed.6. [Rezerved.)7. Prohibitions,8. Exemption of certain contracts.9. Evasion.

10. Penalties.

FEec.11. Records.12. Petitions for amendment.13. Dnalnitions.

Auroian: Sections 1 to 13 l-ued undercc. 704, Pub. Law 774. 81st Cong. Interpretor apply Title IV, Pub. Law 774, 81st Cong.E. ). 10161, Sept. 9,'1950, 15 P. R. 6103, 3c4R, 1950 Supp.

Ssczo.x 1. What this regulation does.This re3ulation fixes dollars-and-centsceiling prices for purchases of burlap bybuyers who Import it into the UnitedStates, and establishes a method for de-termilning ceiling prices for sales of bur-lap after its Importation. These ceilingprices supersede those established forpurchases and sales of burlap under theGeneral Ceiling Price Regulation.

SEc. 2. Applicability. This regulationis applicable In the 48 states of the UnitedStates and the District of Columbia.

Sc. 3. Ceiling import purchase prces.You may not pay for burlap of the con-structions listed In Appendix A, whichyou import into and receive in the UnitedStates, a price In excess of the ceilingprices specified in said appendix. Suchprices are In cents per yard, landedU. S. A., e. dock port of discharge, dutypaid.

Sc. 4. Ceiling Prices for sales afterimportation of listed constructionz--(a)Sales o 25 bales or more. You may not,after iMportation, sell burlap of the con-structions specified in Appendix A inquantities of 25 bales or more at a priceIn excezs of the ceiling import purchaseprice for the particular construction, asset forth In said appendix, plus threepercent (3%) of the ceiling Import pur-chase price. The ceiling prices so estab-lished ari in celts per yard, ex dock or exwarehouwe port of discharge, duty paid.The ceiling prices for sales of burlapother than ex dock or ex warehouse portof discharge shall not exceed the ceilingprices above established plus actualtransportation costs.

(b) Sales of less than 25 bales. Youmay not, after importation, sell burlapof the constructions specified in Ap-pendix A in quantities of less than 25bales at a price in excess of the ceil-ing import purchase price for theparticular construction, as set forthIn said appendix, plus the followingmarkup: (1) For lots of one (1) bale,six percent (6%) of the applicable ceil-ing import purchase price; (2) for quan-titie3 larger than one bale but less than25 bales, determine your one bale ceilngprice In accordance with subparagraph(1) of this paragraph and then reducethat price by applying the dollars-and-cents differentials for quantity whichyou had in effect during the period Jan-uary 1, 1950, to June 24, 1950; (3) forquantities smaller than one (1) bale,use your one bale ceiling price deter-mined In accordance -with subparagraph(1) of this paragraph, to which you mayadd the dollars-and-cents differentialfor quantity which you had In effect dur-ing the period January 1, 1950, to June24, 1950. The ceiling prices establishedunder subparagraphs (1) (2) and (3)o this paragraph are In cents per yard,ex doch or ex warehouse port. of dis-

49a7FEDERAL REGISTERl


charge, duty paid. For sales of burlapex warehouse other than port of dis-charge, you may add your dollars-and-cents differentials for location whichyou had in effect during the period Jan-uary 1, 1950, to June 24, 1950. To theabove ceiling prices you must apply yourcustomary differentials including thediscounts for class of purchaser whichyou had in effect during the period Janu-ary 1, 1950, to June 24, 1950.

SEC. 5. Ceiling prices for sales of con-structions not listed. Ceiling prices forsales of burlap constructions other thanthose listed in Appendix A to this regu-lation must be determined under Ceil-ing Price Regulation 31, Imports.

SEc. 6. [Reserved.]SEC. 7. Prohibitions. On and after the

effective date of this regulation, regard-less of any contract or other obligationexcept as set forth in section 8 of thisregulation: (a) You may not sell or de-liver any burlap covered by this regula-tion at a price higher than the ceilingprice, (b) no person in the course oftrade or business may buy or receive anyburlap covered by this regulation at aprice higher than the ceiling price; and(c) you shall not agree, offer, solicit, orattempt to do anything prohibited inthis regulation.

Prices lower than the ceiling pricesestablished by this regulation may, ofcourse, be charged, demanded, paid oroffered.

SEC. 8. Exemption of certain contracts.Nothing in this regulation shall operate .to prevent the performance of a writtencontract for the sale of burlap enteredinto prior to the effective date of thisregulation and executed in strict com-pliance -With the provisions of- the Gen-eral Ceiling Price Regulation, provided(a) that such contract covers burlapwhich the seller, as of the date of thecontract, had in inventory or under pur-chase commitment, and (b) that suchcontract covers a specified quantity of aparticular construction or constructionsat a fixed price per unit.

SEC. 9. Evasion. You shall not evadeor circumvent the provisions of thisregulation by direct or indirect methodsIn connection with the purchase, sale,delivery or transfer of burlap or by wayof any commission, service, transporta-tion, or other charge, or discount,premium or other privilege, or by tie-inagreement or other trade understafildingor otherwise.

Szc. 10. Penalties. If you violate anyprovision of this regulation you are sub-ject to the criminal penalties, civil en-forcement actions, and-suits for damagesprovided for by the Defense ProductionAct of 1950.

SEC. 11. Records. If you purchase orsell burlap for which ceiling prices areestablished by this regulation you mustpreserve and keep available for inspec-tion by the Director of Price Stabiliza-tion for a period -of two years, completeand accurate records for each purchaseand sale. These records must include:(a) The date of the sale or purchase;(b) the name and address of the selleror purchaser- (c) the price paid or re-

ceived; (d) a description of the burlapsold or purchased including quality,width and weight per yard of 40-inchwidth; and (e) the quantity sold orpurchased.

SEc. 12. Petitions for amendment. Ifyou wish to have this regulationamended you may file a petition foramendment in accordance with the pro-visions of Price Procedural Regulation 1,15 F R. 9055.

SEC. 13. Definitions. (a) "Burlap"means jute burlap of the constructionslisted in Appendix A.

(b) "Ceiling import purchase price"means the maximum price under thisregulation at, which you may importburlap of the constructions listed inAppendix A.(c) "Class of purchaser" means the

practice adopted by a seller in settingdifferent prices for sales to different pur-chasers or kinds of purchasers (for ex-ample, manufacturer, wholesaler, job-ber, shopper, retailer, Governmentagency, public institutions or individualconsumer) or for purchasers located indifferent areas or for purchasers of dif-ferent quantities or grades or under dif-ferent terms or conditions of sale or de-livery.

(d) "Import" means to transportfrom a place outside the continentallimits of the United States to a place in-side the continental limits of the UnitedStates.

(e) Trade terms used in this regula-tion have the meanings generally ac-cepted in the trade.

(f) All other terms used in this regu-lation shall, unless the context requiresa different meaning, have the samemeaning as when used in the GeneralCeiling Price Regulation.

Effective date. This regulation sballbecome effective on May 24, 1951.

NoTE: The record-keeping requirements ofthis regulation have been approved by theBureau of the Budget in accordance withthe Federal Reports Act of 1942.

MICHAEL V. DISALLE,Director of Price Stabilization.

MAY 24, 1951.APPENDIX A TO CEILING PRICE REGULATION

No. 40

[This appendix sets forth, with respect to the listed con-structions, the ceiling prices for import purchases ofburlap landed U. S. A., ex dock port of discharge,duty paid.]

Quality Width (ounces per Cents per(inches) Yard 40" yard

width)

Common burlap .... 3857585GO32364045273032364045481052545o

15.9524.5G24.9525.4025.8018.7020.8022.8538.7017.1518.8510.9522.2024.4527.5029.3520.6032.8034. 0535.30

WeightQuality Width (ountes per Cents per

(inches) yard 40" yardwildth)

Common burlap-Con. GO 7 3 37. 072 7 4'" 05

27 8 18 3032 8 21,3036 8 23:7040 8 120. 1045 8 294048 8 3X.35M 8 30.3560 8 40.3532 9 23,30 0 211.0540 9 29.3543 0 3.2527 10 22.4530 10 24,7532 10 20.2536 10 29.3037 10 30.0540 10 32.3045 10 30.3548 10 31.80Go 10 40. 40&-1 10 44,0560 10 49.072 10 0,8530 lo5 30.7540 10 5 33.0040 11 35. W40 11/ 37,1032 12 31.4036 12 35.10

- 40 12 38.7545 12 43, G048 12 40. 5Go 12 00.5572 12 73.0040 14 45.2048 14 51.2548 16 62.00

Special finishes:Double calendered.. 38 10 50.00

40 10 33.1036 10 31.5040 10rl 34 7040 11 1 37.940 12 39. to40 14 40. 0048 11 4' 1Go

High count (12 x13) --------------- 30 10.4 35.10

40 10.4 31.75Cropped and man-

gled .............. 36 10 30. 2540 10 33.3536 10 31.7540 10 1 31l 9540 11 1 39.2040 12 39.8040 14 40.25

Extra quality ....... 30 7 22 4540 7 21.7040 8 20.45

[F. R. Dc. 51-6123; Filed, May 24, 1051:10:24 a. in.]

Chapter IV-Wage StabilizatlonBoard, Economic StabilizationAgency

[General Wage legulatlon 111

GWR 11-AGRICULTURAL LABORPursuant to the Defense Production

Act of 1950 (Pub. Law 774, 81st Cong.),Executive Order 10161 (15 F R. 6105),Executive Order 10233 (16 F R. 3503),and General Order No. 3, Economic Sta-bilization Administrator (16 F R. 739)this General Wage Regulation 11 Ishereby Issued.

STATEIENT OF CONSIDEIIATIONS

This regulation adapts the existingwage stabilization program to agricul-tural labor. The regulation defines themethod for computing In agriculture the10 percent permissible Increase providedin General Regulation No. 6. It alsoestablishes levels to which wage ratesmay be brought without Board approval.

4938


Recognizing that the general wage sta-bilization policy might require someadaptation in its application to agricul-ture, the Wage Stabilization Board onFebruary 6, 1951, authorized the estab-lishment of a panel of three experts tostudy the problem of agricultural wagestabilization and to report back to theBoard the issues involved and alternativemethods for handling these issues.

The panel report analyzed the uniquefeatures of the agricultural labor market,and concluded that a special regulationdealing with agricultural wages shouldbe issued, if effective wage stabilizationwas to be achieved in agriculture. TheBoard is persuaded that the conclusionis valid, and this regulation is in generalaccord with the panel analysis.

As an example of unique features, thebase date of January 1950, used for otheremployment is totally impractical in thecase of agricultural employment. Sucha base date reflects the approximateseasonal minimum of employment andactivity in agriculture. Therefore, theBoard has established a flexible basisfordeterminig the applicable 1950 basedate, which it in accord with the actualoperating conditions of agriculture.

The panel concluded, on the basis of"its investigations, that a specific limita-tion on permissible increases should beapplicable only where proposed increaseswill result in wage rates exceeding 95cents per hour, together with the appro-priate equivalent monthly and piecerates. The Wage Stabilization Board,taking into consideration the evidenceassembled by the panel, has acceptedthis general conclusion, and this regu-lation is designed to implemeit thisanalysis. Ths regulation sets forthcertain wage levels which serve as adividing line between two different typesof stabilization policy. Below the levelsspecified in the regulation, it is theBoard's intention to permit marketforces to determine wages in agriculturalemployment. it is the Board's conclu-sion that detailed administrative controlof these wage rates is not currently re-quired to effectuate-the purposes of theDefense Production Act of 1950. In thoseareas where wage rate'are close to orabove these levels, wages will continueto be subject to the general 10 per centpermissive increase which currently ap-plies to other employees.

The regulation also contains a defim-tion of "agricultural labor," which isthat contained in the Fair Labor Stand-ards Act, special provisions for piecerates, and provisions for the determina-tion of rates by employers who lack abase rate.

Due consideration has been given tothe standards and procedures set forthin Title IV and Title V of the DefenseProduction Act of 1950. The regulationis based upon the report of an expertpanel which consulted representatives ofthe farm organizations and other agri-cultural experts and duly consideredtheir views. It was found impracticabledunng the period of its deliberations toconsult with representatives of agricul-tural labor organizations. The tripar-tite Board as discussed the panel report--id recommendations and has voted to

No. 102--4

FEDERAL REGISTER

issue this regulation. The Board was ofthe opinion that It is Impracticable andunnecessary to consult further with therepresentatives of agriculture, labor andindustry, including trade azsoclatlonrepresentatives. It is the judgment ofthe Wage Stabilization Board that thisregulation is generally fair and equitableand will effectuate the puriloses of TitleIV of the Defense Production Act of1950.

REGULATORY PROVISIONSSee.1. Definitions.2. Permissible increaes.3. Determination of new rates.4. Petitions for increazes in wages.5. Other wage regulations.

Aurno T i: Sections-1 to 5 Isued undersec. 704. Pub. Law 774. 81st Cong. Interprebor apply Title IV, Pub. Law 774. 81st Cong.:B. 0. 10161. Sept. 9, 1950. 18 F. . 610,. 3CFR, 1950 Supp., E. 0. 10233, Apr. 21, 1991,16 V. R. 3503.

SrcTIoN 1. Definitions. As used inthis regulation, the term

(a) "Agricultural labor" means laboremployed in farming In all Its branches,and among other things, in the cultiva-tion and tillage of the soil, dairying, theproduction, cultivation, growing, andharvesting of any agricultural or horti-cultural commodities (including com-modities defined as agricultural com-modities in section. 15 (g) of the Agri-cultural Marketing Act, as amended) Inthe raising of livestock, bees, fur-bearinganimals, or poultry, and in any practices(including any forestry or lumberingoperations) performed for a farmer oron a farm as an incident to or in con-junction with such farming operations,including preparation for market, de-livery to storage or to market or tocarriers for transportation to market.

(b) "Board" means the Wage Stabili-zation Board, a Regional Wage Stabili-zation Board or any of their agents.(c) "Base rate" means, for each type

of work to be performed, the amount ofwages, salaries and other compensationpaid per hour, month, piece or otherunit, by an employer to agriculturallabor for the same work (or if the samework was not performed, the most nearlycomparable work) in the correspondingseason or other time period in 1950.

SEC. 2. Permissible increases. A baserate may be increased without Boardapproval up to and including one ol'thefollowing:

(a) The base rate plus 10 percent;(b) 95 cents per hour;(c) The piece rate customarily consid-

ered as corresponding to 95 cents perhour for the particular work, stage ofcrop season and weather conditions;

(d) $225 per month without room andboard;

(e) $195 per month, plus the use of ayear-round house and the usual per-quisites of a full-time agricultural em-ployee;

(f) $175 per month, with room andboard.Increases In piece rates may be roundedoff In conformity with usual practice.

SEc. 3. Determination of new rates.An employer of agricultural labor who

4939

has no base rate for a particular type ofwork shall not pay wages, salaries andother compensation in excess of the cur-rent permissible rate for.the same orcomparable work in the area.

Szc. 4. Petitions for increases %n wages.An employer may petition the Board forapproval of increases in wages, salariesand other compensation paid to agricul-tural labor, In excess of those permittedby section 2 or section 3 of this regula-tion. Such petitions shall be filed maccordance with the requirements of theprocedural regulations of the Board.

Szc. 5. Other wage regulations. Otherteneral wage regulations are hereby su-perseded, to the extent that their provi-sions as applied to agricultural laborwould be inconsistent with this regula-tion.

Adopted by unanimous vote of theBoard on May 17, 1951.

GEORGE W. TAYLOn,Charmman.

IP. R Dc. 51-6103; Filed, May 24, 1951;9:439 a. in]

TITLE 47-TELECOIAMUNI-CAT[ON

Chapter I-Federal CommunicaflonsCommission

[Dacket No. 9920]

PAn 12-AMrTrzm Ruio Sxavicu=I4U=OELL OUS AZIED~IMES

At a session of the Federal Communi-cations Commisslon held at its offices mWashington, D. C., on the 16th day ofMay 1951,

The Commiroion having under con-sIderation the notice of proposed rulemaking in the above-entitled matter,which contemplates deletion of § 12.24and amendment of §§ 12.27. 12.47, 12.62,12.63 (b) and 12.65 of Part 12, "AmateurRadio Service" to bring these setionsinto conformity with modern practicesand to clarify provisions which appearnot to be generally understood;

It appearing, that in accordance withthe requirements of section 4 (a) of theAdministrative Procedure Act, generalnotice of proposed rule making m theabove-entitled matter, which made pro-vision for the submission of written com-ments of interested parties and the filingof comments or briefs in reply to originalcomments or briefs, was duly publishedin the FnxnL, Rxaisrza (16 F. R. 2686)and that the period for Min, commentshas expired;

It further appearing, That no com-ment with respect to the proposedamendments was received by the Com-mission;

It is ordered, 'Under the authority ofEections 4 (1) 301, and 303 (1) and (r)of the Communications Act of 1934, asamended, that, effective June 30, 1951,Part 12, "Amateur Radio Service" beand It hereby is amended in exact ac-cordance with the amendments set forthin the notice of proposed rule makingpublished in the FEazrn REGisER on

4940

March 27, 1951, and incorporated as setforth below.(Sec. 4, 48 Stat. 1066, as amended; 47 U. S. C.154.- Interpret or apply sees. 301, 303, 48Stat. 1081, 1082; 47 U. S. C. 301, 303)

Released: May 17, 1951.FEDERAL COMUNICATIONS

COLIISSION,[SEAL] T. J. SLOWIE,

Secretary.

Part 12 is amended in the followingparticulars:

1. Section 12.24 is deleted.2. Section 12.27 is amended by trans-

ferring the reference -to footnote 6 fromparagraph (a) to the last word of thetitle sentence of the section, and amend-ing paragraph (a) to read as follows:

(a) An amateur operator license, ex-cept-the Novice Class, may be renewedupon proper application, in which it isstated that the applicant has lawfullyaccumulated, at an amateur station li-censed by the Commission, a nnmmumtotal of either 2 hours operating timeduring the last three months or 5 hoursoperating time during the last 12 monthsof the license term. Such operatingtime, for the purpose of renewal, shallbe counted as the total of all that timebetween the entries in the station logshowing the beginning and end of trans-missions as required in § 12.136 (a) bothduring single transmissions and duringa sequence of transmissions. The appli-cation shall, in addition to the fore-going, include a statement that theapplicant can send by hand key, i. e.,straight, key or any other type of handoperated key such as a semi-automaticor electronic key, and receive by ear, inplain language, messages in the Interna-tional Morse Code at a speed of not lessthan that which is required in qualify-ing for an original license of the classbeing renewed.

3. Section 12.47 is amended to readas follows:

§ 12.47 Examination procedure. Allwritten portions of the examinationsfor amateur operator privileges shall becompleted by the applicant in legiblehandwriting or hand printing, and dia-grams shall be drawn by hand, by meansof either pen and ink or pencil. When-ever the applicant's signature is required,his normal signature shall be used. Ap-plicants unable to comply with theserequirements, because of physical dis-ability, may dictate their answers to theexamination questions and the receiv-ing code test and if unable to draw re-quired diagrams, may dictate a detaileddescription essentially equivalent. If theexamination or any part thereof is dic-tated, the examiner shall certify thenature of the applicant's disability andthe name and address of the person(s)taking and transcribing the applicant'sdictation.

4. Section 12.62 Is amended to, readas follows:

§ 12.62 Eligibility of corporations ororganizations to hold license. An ama-teur station license will not be issued toa school, company, corporation, associa-


tion, or other organization, nor for itsuse, except that in the case of a bona fideamateur radio organization or society,a station license may be issued to a li-censed amateur operator, other thanthe holder of a Novice Class license, astrustee for such society.

5. Section 12.63 (b) is amended toread as follows:

(b) One application and all papersincorporated therein and made a partthereof shall be submitted for eachamateur station license. If the applica-tion is for station license only, it shall befiled directly with the Commission at itsWashington 25, D. C. office. If the ap-plication also contains application forany class of amateur operator license, itshall be filed in accordance with theprovisions of § 12.22.

6. Section 12.65 is amended to read asfollows:

§ 12.65 License period. The licensefor an amateur station is normally validfor a period of 5 years from the date ofissuance of a new or renewed license, ex-cept that an amateur station licenseissued to the holder of a Novice Classamateur operator license is normallyvalid for a period -of 1 year from thedate of issuance. Any modified or dupli-cate license shall bear the same expira-tion date as the license for which it is amodification or duplicate.[F. R. Dc. 51-6035; Filed, May 24, 1951;

8:47 a. in.]

TITLE 49-TRANSPORTATIONChapter I-Interstate Commerce

CommissioniS. 0. 877]

PART 97-RouTnm

REROUTING OF TRAFFICAt a session of the Interstate Com-

merce Commission, Division 3, held atits office in Washington, D. C., on the21st aay of May A. D. 1951.

It appeanng, that during recent highwater, approach spans on the Minnesotaside of the Chicago, Milwaukee, St. Pauland Pacific Railroad Company's pon-toon bridge over the Mississippi Riverbetween Wabasha, Minnesota and Tre-vino, Wisconsin, were severely damaged;that the embankment approach to thebridge on the Wisconsin side was simi-larly damaged; that there is now underconsideration reconstruction abd repairof the damaged bridge or in lieu thereof,the filing of an application with thisCommission for the permanent use ofthe Chicago, Burlington & Quincy Rail-road Company's tracks between Winona,Minnesota and Trevmo, Wisconsin; theCommission is of the opinion that theChicago, Milwaukee, St. Paul and PacificRailroad Company is unable to transportthe traffic offered it, routed over its linebetween Wabasha, Minnesota and Tre-vino, Wisconsin, so as to properly servethe public and that "the handling, rout-ing and movement of this carrier's traffic(including trams) over the Chicago,Burlington & Quincy Railroad Corn-

pany's line between Winona, Minnesotaand Trevino, Wisconsin, will best pro-mote the service In the Interest of thopublic and the commerce of the people:It Is ordered, That':

§ 97.877 Rerouting of traffie - (a)Rerouting. The Chicago, Milwaukee, St.Paul and Pacific Railroad Company shallhandle, route and-move its traffic (in-cluding trains) originating or terminat-ing at or between Trevino, Menomonieand Chippewa Falls, Wisconsin, over thoChicago, Burlington & Quincy RailroadCompany's tracks between Winona, Min-nesota and Trevino, Wisconsin.

(b) Compensation. The handling,routing and movement of traffic orderedand described In paragraph (a) of thissection shall be upon such terms as be-tween the carriers as they may agreeupon or in the event of their disagree-ment as the Commission may, after sub-sequent hearing find to be Just andreasonable.

(a) Application. The provisions ofthis section shall apply to Intrastate andforeign tbaffic as well as Interstate traffic.

(d) Rates to be applied. Inasmuch assuch disregard of routing Is deemed to bedue to carrier's disability the rates ap-plicable to traffic so forwarded by routesother than those designated by shippers,or by carriers shall b6 the rates whichwere applicable at date of shipment overthe routes so designated.

(e) Division of rates. In executingthe orders and -directions of the Com-mission provided for in this section, com-mon carriers affected shall proceed, eventhough no division agreements are ineffect, over the routeb authorized; divi-sions shall be, during the time this sec-tion remains in force, voluntarily agreedupon by and between said carriers; andupon failure of said carriers to so agree,the divisions shall be hereinafter fixed bythe Commission In accordance with per-tinent authority conferred upon It by theInterstate Commerce Act. If divisionagreements now exist on the trafficaffected, over the routes herein author-ized they shall not be changed or affectedby this section.

(f) Effective date. This section shallbecome effective at 11:00 a. m., May 21,1951.

(g) Expiration date. The provisionsof this section shall expire at 11:59 p. m.,August 31, 1951, unless otherwise modi-fied, changed, suspended, or annulled byorder of this Commission.

It Is further ordered, That copies ofthis order and direction shall be servedupon the Minnesota and Wisconsin Staterailroad regulatory bodies, and upon theAssociation of American Railroads, CarService Division, as agent of the rail-roads subscribing to the car service andper diem agreement under the terms ofthat agreement; and notice of this ordershall be given to the general public bydepositing a copy In the office of theSecretary of the Commission at Wash-ington, D. C., and by filing it with theDirector, Division of the FederalRegister.(See. 12, 24 Stat. 383, as amended: 49 U. S. 0.12. Interprets or applies sec. 1, 24 Stat, 37D,


as amended, sec. 1, 24 Stat. 379, as amended;49 U. S.C. 1)

By the Commission, Division 3.[SEALi W. P. BARTEL,

Secretary.[F. R. Doc. 51-6022; Filed, May 24, 1951;

8:46 a. m.]

TITLE 50--WILDLIFE

Chapter I-Fish and Wildlife Service,Department of the Interior

Subchapter D-Federal Aid to States inWildlife Restoration

PAT 41-RESTORATON OF GAEa BRDS AMDMZIIALS

Basis and purposes. The Federal Aidto Fish Restoration and ManagementAct of August 9, 1950 (64 Stat. 430, 16U. S. C. '177;) has as its objective theperformance of activities beneficial tosport fish which parallel activities bene-ficial to wildlife conducted under theFederal Aid to Wildlife Restoration Actof September 2, 1937 -50 Stat. 917, 16U. S. C. 669;) as amended August 18,1941 (55 Stat. 632; 16 U. S. C. 669g-1.)July 24, 1946 (60 Stat. 656; 16 U. S. C.669c, 669g;) and August 3, 1950 (64 Stat.399; 16 U. S. C. 669g-1)

At various conferences held with rep-resentatives of the fish and game de-partments of the States it was recom-mended that the regulations for each ofthese acts be consolidated and issued assingle regulations. On the basis of suchrecommendations, in order to avoid du-plication and repetition, to simplify ad-ministration of the program, and topromote efficiency I have determinedthat the following amendments to theexisting regulations will effectuate thispurpose and the purposes of the saidacts:

1. The heading for Subchapter D isamended to read as set forth above.

2. Part 41 is completely revised andamended to read as follows:

41.1141.12

41.1341.14

DEINITIONS

Meaning of terms.Act(s).Authorized representatives of the Sec-

retary.State fish and game department.Restoration project, hereinafter re-

ferred to as "project."Combination project.Ten-percent fund.

=IOR ATION EERuim

General information for the Secretary.Hunting and fishing license informa-

tion.Notice of desire to participate.Information from State fish and game

departmetnts.

PROJECT 32TIATION DOCUMENTS

41.21 Project statement.41.22 Surveys, plans, specifications, and

estimates; form and arrangement.41.23 Project agreements.

PARTICIPATION BY OT H STATE AGENCIES

4131 Participation by State subdivisions.

REQUIRELIENT SOR PAOR ZIE

41.36 Secretary's approval.41.37 Economy and efficiency.

FEDERAL REGISTER

Sec.412841.3941.40

41.41

41.4641.4741.4841.4941.5041.5141.52.1.5341.54

Lowest responsiblo bids.Contracts; competitive bids.Copy of contract; alteration or mod-

Wlcatlon.Form of vouchers

STATEs' nRSPONSninnLu

Prosecution; promptnes.Inspection.Progress reports.Samples of matcrials to be submitted.Records and cost accounting.Inspection of accounts and records.Submission.Personnel; maintenance.Personnel selection.

PROJECT ETANW.M50341.70 Project standar&.

AuTxncarr: §§ 41.1 to 41.70 Issued undersec. 10, 50 Stat. 919, sec. 10, C4 Stat. 434;16 U. S. C. CGO9; Mi2.

DEFINITIONS

§ 41.1 Meaning of terms. For thepurposes of the regulations in this part,the following terms shall be construed,respectively, to have the meanings spec!-fled in § 41.2 to § 41.7 inclusive.

§ 41.2 Act(s). (a) The act of Con-gress approved September 2. 1937. en-titled, "An act to provide that the UnitedStates shall aid the States in wildlife-restoration projects, and for other pur-poses," (50 Stat. 917; 16 U. S. C. 669-6691) commonly referred to as the Pitt-man-Robertson Act, and

(b) The act of Congress approved Au-gust 9, 1950, entitled, "An Act to providethat the United States shall aid theStates in fish restoration and manage-ment projects, and for other purposes"(64 Stat. 430; 16 U. S. C. 777-777k) com-monly referred to as the Dingell-John-son Act.

§ 41.3 Autlwrized representatires ofthe Secretary. The Director of the Fishand Wildlife Service of the Departmentof the Interior, or such other officialsand emlloyees of saic[Service as may bedesignated by the Director from time totime.

§ 41.4 State fish and game depart-meat. Any department or division ofdepartment of another name, or commls-sion, or official or officials, of a Stateempowered under its laws to exercise thefunctions ordinarily exercised by a Statefish and game department, and theAlaska Game Commission, the Divisionof Game and Fish of the Board of Com-missioners of Agriculture and Forestryof Hawaii, the Commssioner of Agricul-ture and Commerce of Puerto Rico, andthe Governor of the Virgin Islands.

§ 41.5 Restoration project, hereinafterreferred to as "project." Acquisition ofareas of land or water or estates or in-terest therein, for feeding, resting, orbreeding places for fish or wildlife;restoration, rehabilitation, and improve-ment by construction of necessary worksor otherwise of land and water areas forthe benefit of fish or wildlife; mainte-nance of completed projects, conduct ofresearch into problems of fish or wild-life management, and the coordinationof projects necessary to efficient admin-istration affecting fish and wildlife re-sources.

4941

§ 41.6 Combination project. A proj-ect designed to result In benefits to bothfish and wildlife resources In which fed-eral costs are Jointly borne by Pittman-Robertson and Dingel-Johnson appor-tionments In proportion to the'estimatedbenefits to be derived by wildlife and fishrespectively.

§ 41.7 Ten-percent fund. Items forengineering. Inspection, and unforeseencontingencies not exceeding 10 percentof the total cost of any works to be con-structed under these acts.

InXFo0IATIO:N flEQUIR§ 41.11 General inlormation for the

Secretary. Before any agreement ismade covering any project to be under-taken in a State, there shall be furnishedto the Secretary upon his request, byor on behalf of the State, informationregarding the laws affecting fish or wild-life conservation and the authority ofthe State and of local officials in refer-ence to the establishment and mainte-nance of fish or wildlife projects; theexsting provisions of the State con-stitution or laws relative to revenuesfor the protection, restoration and man-agement of fish or wildlife; the fundsthat will be available to meet the State'sshare of the cost of work to be performedand the general source of such funds;and provisions made or to be made formaintaining fish or wildlife projectsupon which Federal Aid funds will beexpended.

§ 41.12 Hunting and fishing licenseinformation. Certified information asto the number of paid hunting licenseholders and paid fishing license holdersof the State in the preceding fiscal yearshall be furnished the Secretary or hisauthorized representatives by the fishand game department of each State onor before December 31 of each year.

§ 41.13 Notice of desire to participate.Any State fish and game departmentdesiring to avail Itself of the benefits ofthe Acts shall notify the Secretary tothis effect within sixty days after it hasreceived from the Secretary a certificateof apportionment of funds availableunder the acts to the States.

§ 41.14 In!ormation from State fishand game departments. The Secretaryor his authorized representatives mayfrom time to time request and the Statefish and game department shall furnishinformation relative to the administra-tion and maintenance of the fish andwildlife projects established under theacts.N oE: Al reccrd keeping and reporting re-

qurenet3 of these regulations have beenapproved by the Bureau of the Budget Inaccordance with the Federal Reports Act.

PnoJECT nIaT .o; DOCU. S

§ 41.21 ProJect statement. A projectstatement shall be submitted for eachproject to be undertaken, which shallcontain such fundamental informationas the Secretary may require and whichwill be specified in form furnished byhim, in order that he may determineproject suitability for fish or wildliferestoration purposes.


§ 41.22 Surveys, plans, specifications,and estimates; form and arrangement.The surveys; plans, specifications, andestimates shall show in convenient formand detail the work to be performed andits probable cost, in conformity with thestandards governing form and arrange-ment prescribed by the Secretary andfurnished to the States.

§ 41.23 Project agreements. A proj-ect agreement between the State fishand game department and the Secretaryshall be executed for each project ap-proved by the Secretary.PARTICIPATION BY OTHER STATE AGENCIES

§ 41.31 Participation by State subdi-visions. When any part of the cost ofa project is to be furnished by a countyor any other subdivision of a State, thesurveys, plans, specifications, and esti-mates shall be accompanied by a certi-fied copy of each resolution or order, ifany, of the appropriate local officials, orby such other showing as the Secretarymay require respecting the funds that,are made available, indicating the con-trol of the money provided for payingsuch costs, and clearly defining whetherthe State, county, or other local subdi-vision will own the lands and/or im-provements; and stating which agencywill be responsible for administrationand maintenance after completion of theproject.

REQUIRELIENTS FOR PAYIMENTS

§ 41.36 Secretary's approval. No pay-ment of'any money apportioned underthe acts, including such preliminary orincidental costs and expenses as may'beincurred m and about such projects, shallbe made on any project unless it meetsthe standards which the Secretary may-from time to time establish; and unlessthe project statements, plans, specifica-tions, estimates, project agreements, andall other documents that may be neces-sary or required m the administration ofthe regulations in this part, have beensubmitted to and approved by the Secre-tary or his authorized representatives.

§ 41.37 Economy and efficzency. Nopart of the Federal funds set aside onaccount of any project shall be paid untilit has been shown to the satisfaction ofthe Secretary or his authorized repre-sentatives that appropriate and adequatemeans, either by advertisement or other-wase, were employed to insure economyand efficiency in the expenditure of suchmoney.

§ 41.38 Lowest responsible bids. If acontract be awarded to any other thanthe lowest responsible bidder, the Fed-eral Government shall not pay more thanits pro rata share of the lowest responsi-ble bid, unless it is satisfactorily shownthat it was advantageous to the work toaccept the higher bid.

§ 41.39 Contracts: competitive bids.All contracts, except for the purchaseand leasing of lands, shall be based uponfree and open competitive bids.

§ 41.40 Copy of contract; alterationor modification. Upon request, a copyof each contract as executed shall bepromptly certified by the State fish andgame department and furnished to theSecretary and no alteration or modifica-tion that changes the character or extentof the work from that indicated in theplans, specifications, and estimates asapproved by the Secretary, or that in-creases the amounts to be paid from thelowest competitive bid, shall be subse-quently made without the approval ofthe Secretary or his authorized repre-sentatives.

§ 41.41 Form of vouchers. Vouchersin the form provied by the Secretaryand certified as therein prescribed,showing amounts expended on any proj-ect and the amount claimed to be duefrom the Federal Government on ac-count thereof, shall be submitted by theState fish and game department to theFish and Wildlife Service, either aftercompletion of -the project, or, if theSecretary has determined to make pay-ments as the work progresses, at inter-vals of not less than one month.

STATES' RESPONSIBILITIES

§ 41.46 Prosecution, promptness. TheState fish and game department shallcarry all approved projects through tosatisfactory completion with reasonablepromptness.

§ 41.47 Inspection. The supervisionof each project by the State fish andgame department shall include adequateand continuous inspection throughout.

§ 41.48 Progress reports. Progressreports, showing force employed andwork done, shall be furnished as re-quested by the Secretary or his author-ized representatives.

§ 41.49 Samples of materials to besubmitted. Suitable" samples of mate-rials to be used in construction workshall be submitted by or on behaff of theState fish and game department to theFish afid Wildlife Service whenever re-quested, to be tested for suitability andconformity with standard specifications.

§ 41.50 Records and cost accounting.Such records of the cost of lands ac-quired, improvements made thereon,construction work, overhead costs, andof maintenance done by or on behalfof the State shall be kept separately foreach project, by or under the directionof the State fish and game department,which shall report the amount and na-ture of the expenditure for thesepurposes, upon the request of 'theSecretary or his authorized representa-tives.

§ 41.51 Inspection of accounts andrecords. The accounts and records, to-gether with all supporting documents,shall be open at all times to the inspec-tion of the Secretary or his authorizedrepresentatives, and copies thereof shallbe furnished when requested.

§ 41.52 Submission. Papers anddocuments required by the acts or bythe regulations In this part to be sub-mitted to the Secretary may be deliveredto the Director of the Fish and WildlifeService or his authorized representa-tives, and from the date of such delivery

-shall be deemed submitted.§ 41.53 Personnel; maintenance. The

State fish and game department shallmaintain an adequate and competentforce of employees to Initiate and carryprojects through to satisfactory com-pletion.

§ 41.54 Personnel selection. Person-nel employed by the States to carry outproject work under the acts shall beselected on the basis of competency forse~vices to be performed and shall con-duct their 'duties in a manner accept-able to the Secretary.

PROJECT STANDARDS§ 41.70 Project standards. Stand-

ards for Federal Aid in Fish and Wildlifeprojects are established as follows:

(a) Sufficient funds to originallyfinance the costs of the projects must beavailable for expenditure by the States,

(b) Projects must be substantial incharacter and design.

(c) The acquisition of lands under aproject plan must be at prices whichpreviously have been determined by theFish and Wildlife Service to be fair andreasonable.

(d) Development projects shall haveas their objectives the Improvement ofconditions suitable for fish and wildlife.

(e) Projects dealing with fish or wild-life surveys and Investigations shall belimited to problems having direct man-agement application.

(f) Maintenance projects may includethe upkeep and repair of structures thathave been acquired or constructedthrough either -Federal Aid program.Likewise upkeep and repair of restora-tion developments of a non-structuralnature that have been completed underthese programs are also approvable.Management measures concerned withthe harvesting of fish and wildlife andlaw enforcement activities do not qualifyfor inclusion in maintenance projects.

(g) In projects which tre designedto include uses other than for fish orwildlife, Federal Aid funds shall be usedonly to the extent that fish or wildlifewill beneflt thereby.

(h) Personnel employed by the Statesto carry out project work must be se-lected on the basis of competency forservices to be performed and shall con-duct their duties in a manner acceptableto the Fish and Wildlife Service.

These amendments shall become ef-fective on July 1, 1951.

OSCAR L. CHAPMAN,Secretary of tie Interior

MAY 21, 1951.[F. R. Doc. 51-6006; Filed, May 24, 1951,

8:45 a. m.]

4942


PnOOZED UM ANI

DEPARTMENT OF AGRICULTUREProduction and Marketing

Aduinistration[7 CFR, Part 729 1

PEANUTS

NOTICE OF INTENTION TO FORMULATE ANDISSUE REGULATIONS GOVERNING MARKET-INGS, COLLECTION ,OF MARKETING PENAL-TIES, AND RECORDS AND RqPORTS FOR 195 1-

52 MARKETING YEAR

Pursuant to the authority containedin the applicable provisions of the Agri-cultural Adjustment Act of 1938, asamended (7 U.S. C. and Sup. 1301, 1358-1359, 1372-1375; Pub. Law 471, 81stCong., approved March 31, 1950; Pub.Law 17, 82d Cong., approved April 12,1951) the Secretary of Agriculture ispreparing to formulate marketing quotaregulations governing the issuance ofmarketing cards, the identification ofpeanuts, the collection and refund ofpenalties, and the records and reportsincident thereto on the marketing ofpeanuts for the 1951-1952 marketingyear. It is proposed that the regulationswill be substantially the same as the1950-crop regulations (15 F. R. 4739) ex-cept as provided below-

1. It is proposed that three differenttypes of marketing cards will be avail-able for issuance to farm operators underthe 1951 peanut marketing quota pro-gram, as follows:

(a) A-within-quota marketing cardauthorizing the marketing of peanutswithout penalty will be issued to theoperator of each farm on which the har-vested acreage of peanuts does not ex-ceed the allotment for the farm.

(b) An excess all marketing card willbe issued to the operator of each farmon which the harvested acreage of pea-nuts is in excess of the farm allotmentbut is not in excess of the peanut acre-age picked and threshed on the farmin 1947, or in 1948 if no peanuts wereharvested on the farm in 1947. Thiscard will give the grower an option withrespect to the excess peanuts containedin each lot available for marketing, ofpaying the penalty on the excess pea-nuts contained in each lot at the timeof marketing or of delivering such pea-nuts to agencies designated by the Sec-retary of Agriculture and receiving aprice therefor based on the current valueof such peanuts for crushing for oil, lesscertain handling costs.

(c) An excess penalty marketing card,requiring payment of the penalty on theexcess peanuts in each lot of peanutsmarketed, will be issued to the operatorof each farm on which the harvestedacreage of peanuts exceeds the allot-ment for the farm and the acreagepicked and threshed on the farm in 1947,or in 1948 if no peanuts were harvestedon the farm in 1947.

2. The marketing cards for the 1951program will not contain memorandaof sale. Buyers under contract withCommodity Credit Corporation will re-

port purchases of within quota or excessoil peanuts from growers by executingas a memorandum of sale a portion ofthe inzpection certificate form. Theseforms will be furnished to growers bya Federal or Federal-State inspector.who will be stationed in the office ofeach buyer who has Signed a contractwith the Commodity Credit Corporation.Buyers will be furnished other memo-randa of sale forms for use in connectionwith marketings of peanuts which arenot inspected and marketings which aresubject to penalty.

3. The regulations will provide thatif peanuts produced on a farm are im-properly marketed in such a mannerthat payment of the penalty is avoided,the penalty will be due, in case the pro-duction and marketings for the farnr aresubsequently determined, on the quan-tity of peanuts marketed in excess of thefarm marketing quota, and the penaltydue for the farm shall be paid by theoperator.

4. The regulations will provide t1hat norefund of any penalty will be made be-cause of peanuts kept on the farm forseed or for home consumption. Thisprovision will give effect to the newlanguage added to section 359 (a) of theact by Public Law 17, 82d Congress, ap-proved April 12, 1951.

Prior to issuance of such regulations,consideration will be given to any data,views, and recommendations relatingthereto which are submitted in writingto the Director, Fats and Oils Branch;Production and Marketing Administra-tion, U. S. Department of Agriculture,Washington 25, D. C. All submissionsmust be postmarked not later than 10days from the date of publication of thisnotice in the FrDRAL REoisTrn.

Done at Washington, D. C., this 22dday of May 1951.

[SEALI HAROLD K. HILL,Acting Administrator

[F. R. Dac. 51-6051; Fled, .May 24, 1931;8:51 a. m.1

[ 7 CFR, Part 936 1

FRESH BARTErrr Prnns, PLUMS, ArD,ELBERTA PEACHES Gnowzi IN CALIFOPuL.

270TICE OF PROPOSED RULE Zlx&axG VWTrRESPECT To =KPENSES AND FInNG O?RATES OF ASSESSMEN;T FOR 1051-52SEASON

Consideration is being given to thefollowing proposals submitted by theControl Committee, established underthe marketing agreement, as amended,and Order No. 36, as amended (7 CFRPart 936) regulating the handling offresh Bartlett pears, plums, and Elbertapeaches grown in the State of California,as the agency to administer the pro-visions thereof:

(a) That the Secretary of Agricul-ture find, with respect to Bartlett pears,early varieties of plums, late varieties of

plums, and Elberta peaches, that ex-penses not to exceed the followngamounts are likely to be incurred, duringthe season ending February 29, 1952, in-clusive, by the Control Committee forthe maintenance and functionin ofsuch committee and the respective com-modity committees established underthe aforesaid amended marketing agree-ment and order:

(1) Bartlett pears, $19,927.19;(2) Early varieties of plums, $15,-

891.83;(3) Late varieties of plum, $17,717A0;

and(4) Elberta peaches, $11,296.03.(b) That the Secretary of Agriculture

fix, as each handler's pro rata share ofsuch expenses, the following rates of as-sessment which each handler shall payin accordance with the provisions of saidamended marketing agreement andorder:

(1) 15 mills ($0.015) per hundredpounds of Barlett pears;

(2) 25 mills ($0.025) per hundredpounds of early varieties of plums;

(3) 25 mills ($0.025) per hundredpounds of late varieties of plums; and

(4) 15 mills ($0.015) per hundredpounds of Elberta peaches.

All persons who desire to submitwritten data, views, or arguments forconsideration In connection with theproposals may do so by submitting thesame to the Director, Fruit and Vege-table Branch, Production and MarketingAdministration, United States Depart-ment of Agriculture, Washington 25,D. C., not later than the 10th day follow-ing publication of this notice in the FED-E=lA REGISTER.

Terms used in the amended marketingagreement and order shall, when usedherein, have the same meaning as isgiven to the respective term in saidamended marketing agreement andorder.(48 Stat. 31, ao amended; 7 U. S. C. 631et ieq.. 7 CFR Part 9361

Issued this 22d day of May 1951.[sr ] S. R. Ssm=,

Director,Fruit and Vegetable Branch.

IF. I. Dze. 51-6956; Filed. .ay 24, 1951;8:52 a. m.I

DEPARTMENT OF LABORDivision of Public Contracts

[41 CFR, Part 201 1

Co:Tracrs Fon CERAIN CAnm FITrrsAND VEGETABLES

EXE.IPT Or FnOM PROVISIONS OF N"ALSZ-IHALEY PUBLIC CONTRACTS ACT

In accordance with § 201.601 of theWalsh-Healey Public Contracts Act regu-lations (41 CER 201.601) the Secretaryof the Army has made written findingsthat the conduct of Government businesswill be seriously impaired by the mclu--slon of the representations and stipulam

FEDERZAL REGISTERZ 4943

PROPOSED RULE MAKING

tions of section 1 of the Waish-HealeyPublic Contracts Act (49 Stat. 2036; 41U. S. C. 35) in contracts awarded onor before December 31, 1951, for cannedfruits and vegetables of the followingvarieties:

Apples, canned.Applesauce, canned.Apricots, canned.Asparagus, canned.Beans, lima, canned.Beans, string, canned.Berries, canned.Carrots, canned.Catsup, tomato.Cherries, sour, canned.Cherries, sweet, canned.Corn, cream style, canned.Corn, whole grain, canned.Figs, canned.Fruit cocktail, canned.Grapefruit, canned,Juice, citrus.Juice, grape.Juice, pineapple.Peas, green, canned.Peaches, canned.Pears, canned.Pineapple, canned.Plums (prunes), canned.Potatoes, sweet, canned.Pumpkin, canned.Puree, tomato.Sauce, cranberry.Spinach, canned.Tomatoes, canned.Tomato Juice, canned.Tomato Paste, canned.

Pursuant to section 6 of the Walsh-Healey Public Contracts Act, and, uponthe basis of this finding, the Secretaryof Labor has been requested by the Sec-retary of the Army to grant an exemp-tion from the provisions of section 1 ofthe act permitting the award of con-tracts for the above varieties of cannedfruits and vegetables for the balance of

the calendar year 1951 without inclusionof the iepresentations and stipulationsof that section.

Notice is hereby given of a public hear-ing on this matter before the ActingAdminitrator of the Public ContractsDivision or his authorized representa-tive at 10:00 a. m. on Monday June 11,1951, in Room.5406, Department of LaborBuilding, Fourteenth Street and Consti-tution Avenue NW., Washington, D. C.,at which interested persons may appearand submit" data, views and argumentseither in support of or in opposition tothis proposal. Written statements inlieu of personal appearance may be filedby mail at any time prior to the date ofthe hearing, or may be filed with thepresiding officer at the hearing. Per-sons appearing at the hearing will beafforded an opportunity to file, within 7days from the close of the hearing, briefsrelating to the issues raised at the hear-ing.

Signed at Washington, D. C., this 22dday of May 1951.

MAURICE J. TOBIN,Secretary of Labor

iF. R.. Doc. 51-6024; Filed, May 24, 1951;8:46 a. im.]

Wage and Hour DiVision

[ 29 CFR, Part 681 I

HAND-BRADIG OF LEATHER BUTTONS BYHomiwoRKERS IN PUERTO RicoPROPOSED IUM PIECE RATE

Notice is hereby given pursuant to theAdministrative Procedure-Act (60 Stat.237; 5 U. S. C. 1001) that the Admmnitra-

tor of the Wage and Hour Division,United States Department of Labor, pro-poses to establish a minimum piece rateof 32 cents per gross for the hand-braid-ing of leather buttons, 24 to 30 lIgne, byhomeworkers In Puerto Rico by thefollowing method: Tying a braided knotaround the tip of a finger, bringing theknot into a rounded button shape bypulling at the ends of the strip, cuttinga shank at one end of the strip with ahand-cutting machine, trimming bothends by cutting the excqss leather off andinserting the ends into the knot. (ItIs not intended by this action to revokeor change In any way the minimum piecerate of 533/3 cents per gross establishqdby an order dated August 8, 1950 (15 FR. 5155) for the hand-braiding of leatherbuttons, 24 to 30 ligne by another methodspecified in such order).

Prior to the final adoption of suchminimi piece rate, consideration willbe given to any data, views, or argumentspertaining thereto which are submittedin writing to the Administrator of theWage and Hour Division, United StatesDepartment of Labor, Washington 25,D. C., within 15 days from publicationof this notice in the FEDERAL REoIsTER.

The proposed rate Is to be issued underauthority contained In section 6 (a) (2)of the Fair Labor Standards Act of 1938,as amended (sec. 6, 63 Stat. 912; 29U. S. C. 206)

Signed at Washington, D. C., this 21stday of May 1951.

F GRANVILLE GRImES, Jr.,Acting Administrator,Wage and Hour Division.

IF. R. Doc. 51-6026; Filed, May 24, 1061;8:47 a. in.]

- NOTICES

CIVIL AERONAUTICS BOARD[Docket No. 2849 et al., Docket No. 3663]

AiERcAN AIRLINES, INC;, UR AL., BIG FOURMAIL RATE PROCEEDING AND EFFICIENCYINVESTIGATION

NOTICE OF HEARINGIn the matter of the compensation

for the transportation of mail by air-craft, the facilities used and usefultherefor, and the services connectedtherewith, of America Airlines, Inc.,Eastern Air Lines, Inc., Trans World Air-lines, Inc., and United Air Lines, Inc.,over their routes within the continentalUnited States insofar as authorized un-der certificates for interstate air trans-portation and over their routes betweenthe United States and terminal points inCanada. Docket No. 2849 et al.

In the matter of the investigation ofthe finances, routes, and operations ofAmerican Airlines, Inc., Eastern AirLines, Inc., Trans World Airlines, Inc.,and United Air Lines, Inc. Docket No.3663.

"" Notice is hereby given, pursuant to the

Civil Aeronautics Act ot 1938, as

amended, particularly sections 406, 205,415, and 1001 thereof, that the above-entitled proceedings are hereby assignedfor hearing on June 18, 1951, at 10:00a. in., e. d. t., in the Adams and HamiltonRoom, Wardman Park Hotel, 2660 Wood-ley Road NW., Washington, D. C., beforeExaminer Edward T. Stodola,

Without limiting the scope of the is-sues raised by the pleadings in theseproceedings, particular attention-will bedirected to the following matters:

I. What is the fair and reasonablerate of compensation for the transpor-tation of mail for each of the Big Fourcarriers under 'the standards set forthin section 406 of the Civil AeronauticsAct of 1938, as amended?

A. Is it reasonable-to establish suchrates on a uniform class basis?

B. For what periods and at what levelshould such rates be fixed?

II. What is the fair and reasonablerate of compensation for the transpor-tation of mail for the Big Four, withoutreference to the "need" of each carrier?

A. Is it reasonable to establish suchrates on a uniform class basis?

B. For what periods and at what levelsshould such rates be fixed?

III. Did each of the carriers have areasonable and comparable opportunityunder the statutory standards of honest,economical and efficient management,to earn a reasonable return on requiredinvestment without "need" maill com-pensation at the volume of operationsrequired by the commerce, the PostalService, and the national defense?

A. When the major factors whichaffect a carrer's opportunity to attainself-sufficiency, as defined above, are

-considered, did each of the carriers havea comparable opportunity to attain sucha status?

B. When the major factors whichaffect a carrier's opportunity to attainself-sufficiency are considered, did eachof the carriers have a reasonable oppor-tunity to attain such a status?

C. What major factors which havecontributed to any carrier's failure torealize the opportunity to attain self-sufficiency may be adjudged the respon-sibility of management under the statu-tory standards of honest, economicaland efficientjmanagement and hence not

4944


subject to underwriting by "need" mailpay9

IV. To whatextent, if any, should anyof the four carriers be paid "need" mailpayments in addition to the amount pro-vided by a service mail rate as placed inissue in No. II above and for whatperiods, after the institution of the rateproceeding, should such payments bemade?

V What factors account for the dif-ferences, if there be differences, in themail pay requirements among the BigFour carriers, and what remedial actions,if any, should be taken by the Board orany of these carriers to eliminate or todecrease, as the case may be and thefacts may warrant and permit, depend-ence upon the Government for "need"mail payments, if there be such depend-ence?'

For further details with respect tothe issues involved in these proceedings,all interested persons are referred tothe various orders entered under Dock-ets Nos. 2849 et al, and Docket No. 3663and to the Examiner's Report of Pre-hearing Conference, served April 25, 1950,and his Supplemental Report of Prehear-ing Conference, served May 23, 1950.The foregoing documents are on file withthe Docket Section of the Civil Aero-nautics Board.

Notice is hereby further given to theeffect that any person other than partiesalready of record desiring to be heardin these proceedings shall file with theBoard on or before June 8, 1951, a state-ment setting forth the issues of fact orlaw raised by these proceedings which hedesires to controvert.

Dated at Washington, D. C., May 21,1951.

By the Civil Aeronautics Board.ESAL] M. C. MULLIGAN,


8:48 a. in.]

DEPARTMENT OF DEFENSESecretary of Defense

DESIGNATION OF MILITARY COmmANDERSTo IssuE SECURITY ORDERS FOR PROTEC-TION OF PROPERTY OR PLACES UNDER

TnEra COLIMA17DI hereby designate thefollowmg mili-

tary commanders pursuant to the provi-sions of section 21 ofothe Internal Secu-rity Act of 1950 (Pub. Law 831, 81stCong.) to promulgate regulations for theprotection or security of military prop-erty or places subject to theirjurisdic-tion, administration, or in their custodyas contemplated by the mentioned sec-tion 21.

Commanding Officers of an military reser-vations, posts, camps, stations, or installa-tions subject to the jurisdiction, administra-tion, or in the custody of the Department ofthe Army;

Commanding Officers of all Naval ships,stations, activities and installations; andCommanding Officers of all Marine CorpsPosts, stations, and supply activities, sub-ject to the jurisdiction, administration, or inthe custody of the Department of the Navy;and

Commanding Generals and CommndinOfflcers, Major Air Command-. Numbered Air

,Forces, Air Dlylslons, Wings, Group3 and AirForce installations subject to the jurtsdlc-tion, administration, or In the custody of thaDepartment of the Air Force.

Regulations promulgated by militarycommanders designated hereby shall bein accordance with policies and proce-dures relative thereto established by theSecretary of the military departmentconcerned.

Regulations Issued pursuant heretoshall be posted In a conspicuous and ap-propriate place, and shall make appro-priate citation of this designation andthe Public Law under which the desig-nation is made.

Effective this llth day of Man 1951.G. C. MA sHALL,

Secretary of Defense.[F. R. Doc. 51-O10; Filed, May 24, 1951;

8:45 a. m.]

DEPARTMENT OF LABORWage and Hour Division

[Administrative Order 412]SpEcAL INDUsTRY Comrr= No. 10

FOR PUERTO RicoACCEPTANCE OF RESIGNATIONS AInd APPOINT-

LIENT OF NEW Zi.ERS

Pursuant to authority vested in meunder the Fair Labor Standards Act of1938, as amended (52 Stat. 1060, asamended; 29 U. S. C. 201) I, F. Gran-ville Grimes, Jr., Acting Administratorof the Wage and Hour Division, UnitedStates Department of Labor, hereby ac-cept the resignations of Jaime Vick, asan employer member and Emil Rieve, asan employee member of Special IndustryCommittee No. 10 for Puerto Rico, andappoint to serve on said Committee intheir stead as employer and employeemembers respectively, Guillermo E.Gonzalez of San Juan, Puerto Rico, andEdward F. Doolan of-Fall River, Massa.-chusetts.

Edward FZDoolan shall serve on theCommittee for such period as the Ad-minstrator shall direct, but he shall notserve concurrently with Walter J.Mason. who was appointed by Adminis-trative Order No. 411 (16 F. R. 4591)

Signed at Washington, D. C., this 21stday of May 1951.

F. GRAN ILLE Gnas, Jr.,Acting Administrator

Wage and Hour Division.iF. I. Vec. 51-C025; Filed, My 24, 1951;

8:46 a. m.]

DEPARTMENT OF AGRICULTURECommodity Credit Corporation

CHAIRM== oF PMA CoUNTY Coinn-rT=DELEGATION OF AUTHORITY WITH RESPECT

TO EXECUTING LEASES FOR STORAGE STRUC-TUEnSPursuant to the authority conferred

upon me, by the bylaws of CommodityCredit Corporation published in 14 F. R.7689, I hereby appoint the Chairman of

every Production and Marketing Admin-istratlon county committee a contract-Ing officer, within the county of hisJurisdiction, for the purpose of execut-ing, in accordance with instructions,leases of Commodity Credit Corlporation-owned storage structures, not needed forstorage of Commodity Credit Corpora-tion-owned grain. The aforemen ionedinstructions shall be available for in-spection In the PMA County offices. In*leasing such structures, such contractingofficers have been instructed to give pref-erence first to farmers or groups offarmers for the storage of their owngrain; then to cooperative associationsfor the storage of grain; and then tocommercial warehousemen for the stor-age of grain. Thereafter, such struc-tures may be leased for the storage ofany commodity -r product wich willnot be injurious or hazardous to thestructure itself, or to gram stored inother structures at the site. The termi-nation date of any such lease shall benot later than April 30, following thedate of the lease, except when the struc-tures are used for the storage of cornor soybeans under loan which will ma-ture at a date after April 30, 1952, in

hich case structures may be leasedfor a period ending on or prior to thematurity date of such loans. The dele-gation of authority contained in para-graph (7) of Federal Register document50-6630, published 15 F. R. 4874 issuedJuly 28, 1950, is hereby revoked.

Issued this 22d day of May 1951.[SEA I Hiaor~n K. Hnr,

Acting President,Commodity Credit Corporation.

Attested:LiOnxL C. HOL.,

Secretary,Commodity Credit Corporation.

IP. R. Dsc. 51-5055; Fied. May 24, 1951;8:51 a. m.]

ECONOMIC STABILIZATIONAGENCY

Office -, Price Stabilization[Cailing Price Regulatlon 7. Section 43,

Special Order 251

FU '.PIlTON MANUFACTURING CO.c IG PRICES AT RETAIL

Statement of considerations. In ac-cordance with section 43 of Ceiling PriceRegulation 7, the applicant named inthe accompanying special order, Far-rington Manufacturing Company hasapplied to the Office of Price Stabiliza-tion for maximum resale prices for re-tail sales of certain of its articles.Applicant has submitted the informationrequired under this section and hasproduced evidence which in the judg-ment of the Director indicates that theapplicant has complied with other statedrequirements.

The Director has determined on thebasis of Information available to him,including the data submitted by the ap-plicant, that the retail ceili prices re-quested and which are established by thisspecial order are no higher than the level

FEDERAL REGISTER 4945

4946

of ceiling prices under Ceiling Price Reg-ulation 7.

The special order contains provisionsrequiring each article to be marked bythe applicant withi the retail ceilingprice established by the accompanyingspecial order. The applicant is requiredto send purchasers of the articles a copyof this special order, and, in specifiedcases, of subsequent amendments of thisspecial order.

The special order also requires appli-cant to file with the Distribution PriceBranch regular reports setting forth thenumber of units of each article coveredby this special order which applicant hasdelivered during the reporting period.This requirement conforms with the pro-visions of section 43, Ceiling Price Regu-lation 7.

Special provisions.' For the reasons-set forth in the statement of considera-tions and pursuant to section 43.of Ceil-ing Price Regulation 7, this special orderis hereby Issued.

1. The following ceiling prices- areestablished for sales after the effectivedate of this special order by any sellerat retail of matching jewel and giftcases manufactured by FarringtonManufacturing Company, "76 AthertonStreet, Boston 30, -Massachusetts, havingthe brand name "Farrington" anddescribed In the manufacturer's applica-tion dated April 5, 1951. The manufac-turer's prices listed below are subject toa discount of 2/10, EOM.

MATCHiNG JEWEL AND GIFT CASES

Manufacturer's Ceiling priceselling price at retail(per dozen) (per unit)

$10.50 $1.5013.50 1.9516.50 2.5019.50 2.95-22.50 3.5028.50 4.5046.20 6.9567.80 10.0081.00 12.50

2. The matching jewel and gift casehaving the style number 6B in the man-ufacturer's application dated April 5,1951, so long as it has a manufacturer'sselling price of $66.00 per dozen, shallhave a ceiling price at retail of $10.00 perunit, and the manufacturer's price shallbe subject to a discount of 2/10, EOM.

3. The retail ceiling price of an articlestated In paragraph 1 of this specialorder shall apply to any other article ofthe same type which is otherwise price-able under Ceiling Price Regulation 7 byretailers subject to that regulation, hav-ing the same selling price to the retailer,the same brand or company name andfirst sold by the manufacturer after theeffective date of. this special order.

4. On and after June 23, 1951, Far-xlngton Manufacturing Company mustmark each article listed in paragraphs1 and 2 of this special order with the re-tail ceiling price under this special order,or attach to the article a label, tag orticket stating the retail ceiling price.This mark or statement must be in thefollowing form:

OPS-Sec. 43--CPR 7Price $ --------

NOTICES

On and after July,23, 1951, no retailermay offer or sell the article unless it Is'marked or tagged in the-form statedabove. Prior to July 23, 1951, unless thearticle is marked or tagged in this form,the retailer shall comply with the mark-ing, tagging, and posting provision ofthe regulation which would apply in theabsence of this special order.

Upon issuance of any amendment tothis special order which either adds anarticle to those already listed in para-graphs 1 and 2 of this special order orchanges the retail ceiling price of a listedarticle, Farrington Manufacturing Com-pany must comply, as to each such arti-cle, with the preticketing reqirementsof this paragraph within 30 days afterthe effective -date of the amendment.

- After 60 days from the effective date, noretailer may offer or sell the article un-less it is ticketed in accordance with therequirements of this paragraph. Priorto -the expiration of the 60-day period,unless the article is so ticketed, the re-tailer shall comply with the marking,tagging and posting provisions of theregulation which would apply in the ab-sence of this special order.

5. Within 15 days- after the effectivedate of this special order, the manufac-turer shall send a copy of this specialorder to each purchaser for resale towhom, within two months immediatelyprior to the effective date, the manufac-turer had delivered any article covered mparagraphs 1 and 2 of -this special order.Copies shall be sent to all other pur-chasers on or before the date of the firstdelivery of any such article subsequentto the effective date of the special order,and shall be accompamed by copies ofeach amendment thereto (if any) is-sued prior to the date of the delivery.Within 15 days after the effective dateof any subsequent amendment to thespecial order, the manufacturer shallsend a copy of the amendment to eachpurchaser to whom, within two monthsimmediately prior to the effective dateof such amendment, the seller had de-livered any article the sale of which isaffected in any manner by the amend-ment.

6. Within 45 days of the expiration ofthe first 6 months period following theeffective date of this special order andwithin 45 days of the expiration of eachsuccessive 6 months period, the manu-facturer shall file with the DistributionPrice Branch, Office of- Price Stabiliza-tion, Washington 25, D. C., a report set-ting forth the number of units of eacharticle covered by this special orderwhich he has delivered in that 6 monthsperiod.

7. The provisions of this special orderestablish- the ceiling price for sales atretail of the articles covered by- it re-gardless of whether the seller is other-wise subject to Ceiling Price Regulation7 or any other regulation.

8. This special order or any provisionthereof may be revoked, suspended, oramended'by the Director of Price Sta-bilization at any time.

9. The provisions of this special orderare applicable to the United States andthe District of Columbia.

Effective date. This special order shallbecome effective May 24, 1951.

EDWVARD F PHELPS, Jr.,Acting Director of

Price Stablization.MAY 24, 1951.

[F. R_ Doc. 51-6107; Filed, May 24, 1951;8:54 a. m.]

FEDERAL COMMUNICATIONSCOMMISSION

[Docket Noa. 0974-9977]

RADIO BROADCASTING INC. (KTHS) ET AL.

ORDER DESIGNATING APPLICATION FOR CON-SOLIDATED HEARING ON STATED ISSUES

In re applications of Radio Broadcast-ing, Inc. (KTHS) Hot Springs, Arkan-sas, Docket No. 9975, File No. BP-7787;James A. Noe (WNOE) New Orleans,Louisiana, Docket No. 9970, File No. BP-7822; Fayetteville Broadcasting Co.,Inc. (3KGRH) Fayetteville, Arkansas,Docket No. 9977, File No. BP-8037; forconstruction permits; and Radio Broad-casting, Inc. (KTHS) Hot Springs, Ar-kansas, for renewal of license; DocketNo. 9974, File No. BR-426.

At a session of the Federal Communi-cations Commission held at its offices inWashington, D. C., on the 16th day ofMay 1951,

The Commission having under con-sideration (1) the above-entitled appli-cations of Radio Broadcasting, Inc., re-questing a construction permit tochange facilities of KTHS, Hot Springs,Arkansas, from 1090 kilocycles withpower of 10 kilowatts day and 1 kilowattnight, unlimited time, to 1090 kilocyoleswith power of 50 kilowatts, unlimitedtime using a directional antenna at nightand to move the station to Little ,Rock,Arkansas; James A. Noe for a construc-tion permit to change facilities of Sta-tion WNOE, New Orleans, LoUisiana,from 1060 kilocycles with power of 50kilowatts day and 5 kilowatts night, un-limited time using different directionalantennas for day and night operation to1090 kilocycles with power of 50 kilo-watts day and 25 kilowatts night, unlim-ited time using different directioial an-tenna for day and night operation;Fayetteville Broadcasting Co., Inc., fora construction permit to change facil-ities of Station KGRH, Fayetteville,Arkansas, from 1450 kilocycles withpower of 250 watts, unlimited time to1090 kilocycles with power of 50 kilo-watts, unlimited time using a directionalantenna at night; 6nd Radio Broadcast-ing, Inc. for renewal of license of StationKTHS, Hot Springs, Arkansas; (2) a pe-tition filed March 6, 1951, by RadioBroadcasting, Inc., requesting immedi-ate action on its above-mentioned appli-cation to change facilities of StationKTHS; and (3) a petition filed Septem-ber 1, 1950, by James A. Noe, requesting"Revocation, Deletion, or Modification ofLicense of Radio Station KTHS";

It is ordered, That, pursuant to section309 (a) of the Communications Act of1934, as amended, the above-entitledapplications are designated for hearing


in a consolidated proceeding commenc-ing at 10:00 a. m., on June 25, 1951, atWashington, D. C., upon the followingissues:

1. To determine the technical, finan-cml, and other qualifications of the in-dividual applicant, and of the corporateapplicants, their officers, directors, andstockholders to construct and operaterespectively Stations W'NOE, KTHS, andKGRH and with respect with RadioBroadcasting, Inc. to continue the exnst-ing operation of Station KTHS.

2. To determine the areas and popula-tions which may be expected to gain orlose primary or secondary service fromthe operation of Stations WNOE, KTHS,and KGRH, as proposed, and the char-acter of other service available to suchareas and populations.

3. To determine the areas and popula-tions which receive primary service fromthe present operation of Station KTHSand the character of other broadcastservice available to such areas andpopulations.

4. To determine the type and char-acter of. program service proposed to berendered and whether it would meet therequirements of the populations andareas proposed to be served.

5. To determine whether the opera-tion of Stations WNOE, KTHS, andKGRH, as proposed, and the continuanceof the existing operation of KTHS wouldinvolve objectionable interference withany other existing broadcast stations,and, if so, the nature and extent thereof,the areas and populations affectedthereby, and the availability of otherbroadcast service to such areas andpopulations.

6. To determine whether the operationof Stations WNOE, KTHS, and KGRH,as proposed, and the continuance of theexisting operation of KTHS would in-volve objectionable interference eachwith the other or with the services pro-posed in any other pending applicationsfor broadcast facilities, and, if so, thenature and extent thereof, the areas andpopulations affected thereby, and theavailability of other broadcast service tosuch areas and populations.

7. To determine the overlap, if any,that will exist between the service areasof Station KTHS, as proposed, and Sta-tion KWKH, Shreveport, Louisiana, thenature and extent thereof, and whethersuch overlap, if any, is in contraventionof § 3.35 of the Commission's rules.

8. To determine whether the operationof' Stations WNOE, KTHS, and KGRH,as proposed would be in conflict withany international agreement to whichthe United States is a party.

9. To determine whether the construc-tion of Stations WNOE, KTHS. andKGRH, as pioposed, would constitute ahazard to air navigation.

10. To determine whether the installa-tion and operation of Stations WNOE,KTHS, and KGRH, as proposed, and thecontinuance of the existing operation of4tation KTHS would be in compliancewith the Commssion's rules and Stand-ards of Good Engineering Practice Con-cerning Standard Broadcast Stations.

VNo. 102-5

11. To determine on - comparativebasis which, if any. of the applicationsin this consolidated proceeding shouldbe granted.

FEDERAL COsMUUCATIO1.SCo msio,

[SEAl] T. J. SLOWIE,Secretary.

[F. R. Doc. 51-030: Fied. May 24. 1931;8:47 n. n.]

FEDERAL POWER COMMISSION[Docket No. G-1601

Ts ,sconxrsx GAs Pips Ln;E Conp.

NOTICE OF APPLCATION

MAY 21, 1951.Take notice that on May 7. 1951,

Transcontinental Gas Pipe Line Corpo-ration (Applicant) a Delaware corpora-tion with its principal place of businessin Houston, Texas, filed an applicationfor a certflcate of public convenience andnecessity pursuant to section 7 of theNatural Gas Act, authorizing Applicantto deliver to and/or receive from theManufacturers Light & Heat Company,and the Atlantic Seaboard Corporation,quantities of natural gas In accordancewith service agreements entered into asof May 5. 1951. relating to arrangementsmade for the exchange of gas underApplicant's Rate Schedule EX-1.

Protests or petitions to intervene maybe filed with the Federal Power Com-mission. Washington 25,fD. C., in accord-ance with the rules of practice andprocedure (18 CFR 1.8 or 1.10) beforethe 8th day of June 1951. The applica-tion is on file with the Commission forpublic mspection.

[SEAL] LEoN AT. FuQuAY,Serretary.

[P. H. Doe. 51-C007. Filed. May 21. 1931;8:45 a. m.]

INTERSTATE COMMERCECOMMISSION

[4th Sec. Application 261051IUIBER FROM THE SOUTH TO ILL .OIS

APPLICATIOI Fon fRl

Mxy 22. 1951.The Commission is in receipt of the

above-Entitled and numbered applica-tion for relief from the long-and-short-haul provision of section 4 (1) of theInterstate Commerce Act.

Filed by- R. E. Boyle. Jr.. Agent. forcarriers parties to tariffs listed below.

Commodities involved: Lumber andother forest products, carloads.

From: Alabama, Florida, Georgia,North Carolina, South Carolina andTennessee.

To: Destinations in Illinois FreightAssociation Territory.

Grounds for relief: Circuitous routesand to maintain grouping.

Schedules filed containing proposedrates: C. A. Spaninger. Agent, ICC0696,supp. 186; C. A. Spaninger, Agent, ICC708, supp. 164; C. A. Spaninger, Agent,ICC 714, supp. 149.

Any interested person desiring theCommission to hold a hearing upon suchapplication shall request the Commis-sion in writing so to do within 15 daysfrom the date of this notice. As pro-vided by the general rules of practice ofthe Commission. Rule 73, persons otherthan applicants should fairly disclosetheir interest, and the position they m-tend to take at the hearing with respectto the application. Otherwise the Com-mission, in its discretion, iay proceedto Investigate and determine the mattersinvolved in such application without fur-ther or formal hearing. If because ofan emergency a grant of temporary re-lief is found to be necessary before theexpiration of the 15-day peniod, a hear-ing, upon a request filed withm that;period, may be held subsequently.

By the Commission, Division 2.

[sEAL] W. P. B.RTZLSecretar,,.

[F. IL D=-. 51-018; Filed, May 24, 1951;8:46 a. m.1

IRo:N AIM Sr Frocx =n SoUTH TO OHIo

RIVER CnossnICs AND ST. LOUIs, Mo.

APPucATo rOn rEIEF

M&Y 22, 1951.The Commission Is in receipt of the

above-entitled and numbered applica-tion for relief from the long-and-short-haul provision of section 4 (1) of theInterstate Commerce Act.

Filed by, D. Q. Marsh, Agent, for car-riers parties to C. A. Spaninger's tariffICC 920, pursuant to fourth section orderNo. 16101.

Commodities involved: Iron and steelarticles, carloads.

From: Points in southern territory.To: St. Louis, Mo., group and Ohio

River Crossings.Grounds for relief: Circuitous routes.

Operation through lughef-rated tern-tory.

Any interested person desiring theCommission to hold a hearing upon suchapplication shall request the Commi-sion in writing so to do within 15 daysfrom the date of this notice. As pro-vided by the general rules of practiceof the Commission, Rule 73, personsother than applicants should fairly dis-close their interest, and the position theyIntend to take at the hearing with re-spect to the aplication. Othervise theCommission, in Its discretion, may pro-ceed to investigate and determine thematters involved in such applicationwithout further or formal hearing. Ifbecause of an emergency a grant of tem-porary relief is found to be necessarybefore the expiration of the 15-day pe-riod, a hearing, upon a request filedwithin that period, may be held subse-quently.


[SEAL] W. P. B.%rxr,Secretary.

[P. R. Doe. 51-019; Filed. May 24. 1251;8:46 a. m.1


NOTICES

[4th See. Application 261071

GUMlS AND RESINS FROM WEST VIRGINIA TOJERSEY CITY, N. J., AND VICINITY

APPLICATION FOR RELIEF

-MAY 22, 1951.The Commission is in receipt of the


Filed by" L. C. Schuldt, Agent, for car-riers parties to his tariff ICC No. 3758,pursuant to fourth section order No.9800.

Commodities involved: Gums and res-ins, synthetic, carloads. -

Prom: Charleston, W. Va., and otherpoints in West Virginia.

To: Bayway, Elizabeth, Caramic, Jer-sey City, Newark, Perth Amboy and War-ners, N. J.

Grounds for relief: Circuitous roujes.Any interested person desiring the

Commission to hold a hearing upon suchapplication shall request the Commis-sion in writing so to do within 15 daysfrom the date of this notice. As providedby the general rules of practice of theCommission, Rule 73, persons other thanapplicants should fairly disclose theirinterest, and the position they intend totake at the hearing with respect to theapplication. Otherwise the Commission,in its discretion, may proceed to inves-tigate and determine the matters in-volved in such application without fur-ther or formal hearing. If because ofan emergency a grant of temporary re-lief is found to be necessary before theexpiration of the 15-day period, a hear-ing, upon a request filed within thatpbriod, may be held subsequently.

By the Commission, Division 2.[SEAL] W P BARTEL,

Secretary.[F. R. Doe. 51-6020; Filed, May 24, 1951;

8:46 a. m.]

[4th Sec. Application 26108]

PRINTING PAPER FROM VIRGINIA, PENN-SYLVANIA, AND MARYLAND To MINDEN,NEBR.

APPLICATION FOR RELIEF

MAY 22, 1951.The Commission Is in receipt of the


Filed by, C. W. Born, Agent, for car-riers parties to his tariff -ICC No. A-850and L. C. Schuldt's tariff ICC No. 4238.

Commodities involved: Paper, print-ing, other than newsprint.

From: Covington, Va., Erie, Johnson-burg, Philadelphia, Roaring Spring,Spring Grove, Tyrone, and Williams-burg, Pa., and Luke, Md.

To: Minden, Nebr.Grounds for relief: Circuitous routes.

To apply over short tariff routes ratesconstructed on the basis of the shortline distance formula.

Schedules filed containing proposedrates: C. W Boin ICC No. A-850, supp.89; L. C. Schuldt ICC No. 4238, supp. 31.

Any interested person desiring theCommission to hold a hearing upon suchapplication shall request the Commissionin writing so to do within 15 days fromthe date of this notice. As provided bythe general rules of practice of the Com-mission, Rule 73, persons other thanapplicants should fairly disclose theirinterest, and the position they intend totake at the hearing with respect to theapplication. Otherwise the Commission,in its discretion, may proceed to investi-gate and determine the matters involvedin such application without further orformal hearing. If because of an emer-gency a grant of temporary relief isfound to be necessary before the expira-tion of the 15-day period, a hearing,upon a request filed within that period,may be held subsequently.


[SEAL] W. P. BARTEL,Secretary.

[F. R. Doc. 51-6021; Filed, May 24, 1951;.8:46 a. m.]

[Rev. S. 0. 876, General Permit 5-L]RED CEDAR SHINGLES, SHAKES, AND/OR RED

CEDAR LUMBER

LOADING REQUIREMENTS

Pursuant to the authority vested in mein paragraph (d) (2) of Revised ServiceOrder No. 876 (16 F. R. 3620) permissionis granted for any common carrier byrailroad, subject to the Interstate Com-merce Act, to disregard the provisions ofRevised Service Order No. 876 insofaras they apply to red cedar shingles,shakes, and/or red cedar lumber, pro-vided the shipment of such red cedarshingles, shakes, and/or red cedar him-ber is loaded to at least 10,000 poundsat point of origin billed stop-off tbrcom-plete loading; provided the car is loadedin accordance with the provisions of theorder when -leaving the point at whichthe car is stopped to complete loading.

The waybills shall show reference tothis general permit and all consignorsshipping cars under this permit shallfurnish the Permit Agent the car num-bers, initials, and destinations of thecars shipped under this permit.

This general permit shall becomeeffective at 12:01 a. In., May 21, 1951, andshall expire at 11:59 p. m., September30, 1951, unless otherwise modified,changed, suspended, or revoked.

A copy of this general permit has beenserved upon the Association of AmericanRailroads, Car Service Division,, as Agentof the railroads subscribing to the carservice and per diem agreement underthe terms of that agreement, and noticeof this permit shall be given to thegeneral public by depositing a copy inthe office of the Secretary of the Com-mission at Washington, D. C., and byfiling it with the Director, Division ofthe Federal Register.

Issued at Washington, D. C., this 18thday-of May 1951.

HOWARD S. KLINE,Permit Agent.


SECURITIES AND EXCHANGECOMMISSION[File No. '70-26131

OHo POWER CO. AND CENTRAL O1IO COALCo.

ORDER AUTHORIZING ISSUANCE AND SALE BYSUBSIDIARY 9F 15,000 SHARES OF COMMONSTOCK, ACQUISITION BY PARENT COMPANY,AND $4,000,000 ADVANCE TO SUBSIDIARYBY PARENT COMPANY

At a regular session of the Securitiesand Exchange Commission, held at Itsoffice in the city of Washington, D. C., onthe 18th day of May A. D. 1951.

The Ohio Power Company ("OhioPower") an electric utility subsidiarycompany of American Gas and ElectricCompany, a registered holding companyand Central Ohio Coal Company ("CoalCompany") a non-utility subsidiarycompany of Ohio Power, having filed ajoint application-declaration pursuantto the Public Utility Holding CompanyAct of 1935, particularly sections 6 (b)10, and 12 (b) of the act, and Rule U-45with respect to the following transac-tions:

Coal Company proposes to Issue andsell and Ohio Power proposes to acquirenot to exceed 15,000 shares of Coal Com-pany's capital stock from time to timeprior to December 31, 1954, for a cashconsideration of $100 per share, being thepar value of such shares, or a total of.$1,500,000.

Ohio Power proposes to advance toCoal Company not to exceed $4,000,000on open account from time to %time priorto December 31, 1954, such advances tobear interest at the Initial rate of 3 per-cent per annum. Ohio Power expectsthat as a part of a financing programto be consummated within the next 12months, it will Issue some'long-term un-secured indebtedness. In the event thatsuch unsecured indebtedness bears anannual average Interest rate other than3 percent, the annual Interest on the pro-posed advances to Coal.Company will beadjusted to equal such rate. The jointapplicatton-declaration states that theproceeds to be derived by Coal Companyfrom the proposed transactions will beused to pay the cost of construction ofadditional coal production facilities dur-ing the years 1951 to 1954.

The joint application-declaration hav-ing been filed on April 13, 1951, and no-tice of said filing having been given Inthe form and manner'prescribed by RuleU-23 promulgated pursuant to said act,and the Commission not having receiveda request for hearing with respect tosaid joint applIcatIon-declaration with-in the period specified, or otherwise, andnot having ordered a hearing thereon;and

The Commission finding with respectto the joint applicatlori-declaration thatthe proposed transactiors comply withthe applicable standards of the act, andthe Commission observing no basis foradverse findings, and deeming it appro-priate that said joint application- declar-ation be granted and permitted to be-come effective, and also deeming itappropriate to grant the request of thejoint applicants-declarants that the

4948


order become effective at the earliest datepossible:

It ts hereby ordered, Pursuant to RuleU-23 and the applicable. provisions ofsaid act, and subject to the terms andconditions prescribed by Rule U-24, thatsaid joint application-declaration be,and the same hereby is, granted and per-mitted to become effective forthwith.

By the Commssion.

[SMAL] ORVAL L. DuBois,Secretary.

[F. R. Doec. 51-6012; Filed, May 24, 1951;8:46 a. m.]

[File No. 70-26151OmO POVER CO. ET AL.

ORDER AUTHORIZIMG PROPOSED $2,500,000ADVANCES TO SUBSIDIARY

At a regular session of the Securitiesand Exchange Commission, held at itsoffice m the city of Washington, D. C.,on the 18th day of lay A. D. 1951.

In the matter of the Ohio Power Com-pany, Appalachian Electric Power Com-pany, Central Coal Company- File No.70-2615.

The Ohio Power Company ("OhioPower") Appalachian Electric PowerCompany ("Appalachian") both elec-tric utility subsidiary compames ofAmerican Gas and Electric Company, aregistered holding company, and Cen-tral Coal Company ("Coal Company")a non-utility subsidiary company of bothOhio Power and Appalachian, havingfiled a joint declaration and an amend-ment thereto pursuant to section 12 (b)of the Public Utility Holding CompanyAct of 1935, with respect to the transac-tions summanrized as follows:

Ohio Power and Appalachian proposeto advance not to exceed in the aggre-gate $2,500,00Q to Coal Company onopen account from time to time priorto December 31, 1954. Such advancesare to be made in equal amounts byOhio Power and Appalachian a4d willbear an initial interest rate of 3 percentper annum. Ohio Power and Appa-lachian expect that as part of a financ-ing program to be consummated withinthe next 12 months, they will issue somelong-term unsecured indebtedness. In.the event that such unsecured indebted-nesg bears an annual average interestrate other than 3 percent the annual in-terest rate on the proposed advancesto the Coal Company will be adjustedto- equal such rate. The joint declara-tion states that the proceeds from theproposed transaction will be used by theCoal Company to pay for the costs ofconstruction of additional coal produc-tion facilities during the years 1951 to1954.

Said joint declaration having beenfiled on April 16, 1951, and notice of saidfiling having been given in the formand manner prescribed by Rule U-23promulgated under said act, and theCommission not having received a re-quest for hearing with respect to saidjoint declaration within the period spec-

lfled, or otherwise, and not havingordered a hearing thereon; and

The State Corporation Commissionof Virginia and the Public Service Com-mission of West Virginia having ap-proved the proposed transactions; and

The Commission finding with respectto said joint declaration, as amended,that the requirements of the applicableprovisions of the act and the rules pro-mulgated thereunder are satisfied anddeeming it appropriate In the publicinterest and in the interest of investorsand consumers that said Joint declara-tion, as amended, be permitted to be-come Effective, and also deeming Itappropriate to grant a. request of thedeclarants that the Comimlon's orderbecome effective at the earliest datepossible:

It is hereby ordered, Pursuant to RuleU-23 and the applicatble provisions ofthe act and subject to the provisionsprescribed in Rule U-24. that the Jointdeclaration, as amended, be, and thesame hereby Is, permitted to becomeeffective forthwith.

By the Commission.[sEaL] OnvA L. Du]ors,


8:46 a. m.]

FIRST GuARDAN SECURITIES C0niP. ET AL.

LMMIORAIDUI OPIiON AND ORDER nnvomEIGBROKER-DEALER REGIS ilATION

At ri regular session of the Securitiesand Exchange Commission, held at Itsoffice in the city of Washington, D. C.. onthe 18th day of May A. D. 1951.

In the matter of the First GuardianSecurities Corporation. 20 Pine Street,New York 20. New York and Arthur H.Baum, and Leonard Baum.

This is a proceeding pursuant to sec-tion 15 (b) of the Securities ExchangeAct of 1934 ( Exchange Act") to deter-mine whether the First Guardian Securi-ties Corporation ("registrant") which Isregistered as a broker and dealer, andArthur H. Baum and Leonard Baum,officers, directors and controlling per-sons of registrant, willfully violated sec-tions 5 (a) (1) and (2) and 17 (a) of theSecurities Act of 1933 ("Securities Act")and sections 9 (a) (2) and 10 (b) of theExchange Act and Rule X-10B-5 there-under, and, if so, whether it is in thepublic interest to revoke registrant'sregistration.1

On October 2, 1950. registrant flied awritten notice requesting withdrawal

I Section 15 (b) of the Exchange Act pro-vides in pertinent part: "The CommlcJonshall, after appropriate notice and opportun-Ity for hearing, by order 1 0 0 revo!othe registration of any broker or dealer if Itfinds thc~t such e 0 0 revocation ia Inthe public Interest and that (1) such bro:eror dealer 0 0 0 or (2) any 0 0 0officer, director, or branch managcr of suchbroker or dealer 0 0 0 or any percondirectly or indirectly controlling or controlledby such broker or dealer 0 0 0 (D) hbawillfully violated any provision of the Secu-rities Act of 1933, as amended, or of this title,or of any rule or regulatIon thereunder."

from regstration. On October 30, 195D,we Instituted this proceeding therebystaying the effectiveness of the notice ofwithdrawal pursuant to Rule X-1SB-6under the Exchange Act. On November21, 1950, registrant, Arthur H. Baum andLeonard Baum filed an "answer and con-sent to revocation" In which they ac-knowledged service of adequate notice,waived their opportunity for hearing,admitted the facts alleged in the orderfor proceedings for the purpose of thisand any other proceeding pursuant tosections 15 (b) and 15A of the ExchangeAct, and consented to a findin thattheycommitted the violations of law set forthin that order and to the entry oian orderrevoking registranVs registration as abrokeFrand dealer.

The order for proceedings alleges,and we find. that registrant, Arthur H.Baum and Leonard Baum villfully vio-lated sections 5 (a) (1) and (2) and 17(a) of the Securities Act and sections 9(a) (2) and 10 (b) of the Exchange Actand Rule X-1OB-5 thereunder in that(1) from June 1, 1950, to July 21, 1950,they sold and delivered to various per-sons shares of the common stock, no parvalue, of Standard Brewing Company ofScranton, when no registration state-ment was In effect as to such securitiesas required by the Securities Act; (2)for the purpose of inducing the purchaseof such securities by others, they ef-fected, alone and with other persons,during the period from May 29, 1950, toJune 9, 1950. a series of transactions insuch securities on a national securitiesexchange, which created actual andapparent active trading in such secur-ities and raised the price thereof, andthereafter induced various persons topurchase such securities at prices towhich the market had thus been arti-ficially raised; and (3) the instrumen-talities of interstate commerce, themails, and the facilities of a nationalsecurities exchange were used in effect-ing certain of those transactions and inthe purchases, sales and delivery of suchsecurities.

We conclude that revocation of regis-trant's registration as a broker anddealer Is in the public interest

Accordingly, it is ordered, Pursuant tosection 15 (b) of the Securities ExchangeAct of 1934, that the registration of theFirst Guardian Securities Corporationas a broher and dealer be, and it herebyis, revoked.

By the Commission.[smA] OnvAL L. DuBois,

Secretary.

[F. R. Doe, 51-C011; Filed, My 24, 1951;8:45 a. m.]

=Tho Board of Governors of the NationalAzoclatlon of Securites Dealers, Inc., at itsmeeting on September 25-26, 1950, affirmedthe decLa-on of the District Business ConductCommLtte Of Dlstrict No. 13, expelling theFirut Guardian Securities Corporation frommembership In the Azoclatlon, and revok-ing the registration of Arthur H. Baum andLconard Baum 'ith the A--zociatlon es reg-istered reprez:entatives, for violation of itsRules of Fair Practice. The period for ap-peal to thls CommLs-Ion pursuant to sectionIA of the Exchange Act has expired.


NOTICES

MIDWEST STOCK tXCHANGE

NOTICE OF PROPOSAL TO DECLARE.EFFECTIVEA PLAN FILED FOR DISPOSAL OF CERTAINDOCUMENTS I

Notice is hereby given that the Securi-ties and Exchange Commssion has un-der consideration a plan filed by theMidwest Stock Exchange- pursuant to§ 240.17a-6 (Rule X-17A-6) under theSecurities Exchange Act of 1934 for thedisposal of all applications, reports, anddocuments filed with that Exchangeprior to January 1, 1946, pursuant tosections 12, 13,-14 and 16 of the Securi-ties Exchange Act of 1934, or any ruleor regulation promulgated by the Com-mission pursuant to any of such sec-tions. The Exchange proposes tocommence disposing of the specified ma-terial as soon as practicable after theCommission has declared its plan effec-tive. The plan also contemplates thatthereafter, as soon as practicable afterJanuary 1st of each year, regular dis-position will be made of similar ma-terial which-has been on file more thanfive years.

Information contained in the materialproposed to be disposed of pursuant tothe plan of the Midwest Stock Exchangeis on file with the Commssion where itwill continue to be available.

The Securities and Exchange Commis-sion proposes to declare the plan of theMidwest Stock Exchange effective oncondition that if at any time it appearsto the Commission necessary or appro-priate in the public interest or for theprotection of investors so to do, theCommission may suspend or terminatethe effectiveness of said plan by sendingat least ten days' written notice to theExchange.

These proposals are made pursuant tothe provisions of the Securities ExchangeAct of 1934, particularly sections 17 (a)23 (a) and 24 (b) thereof and RuleX-17A-6 thereunder. All interested per-sons are invited to submit their viewsand comments in writing to the Securi-ties and Exchange Commission, 425 Sec-ond Street NW., Washington 25, D. C.,on or before June 11, 1951.

By the Commission.[SEALl ORVAL L. DuBois,

Secretary.

MAY 17, 1951.

[P. R. Doc. 51-6014; Filed, May 24, 1951;8:46 a. in.]

PHILADELPHIA-BALTImORE STOCKEXCHANGE

NOTICE OF PROPOSAL TO DECLARE EFFECTIVEA PLAN FILED FOR DISPOSAL OF CERTAINDOCUMENTS

Notice is hereby given that the Secu-rities and Exchange Commission hasunder consideration a plan filed by thePhiladelphia-Baltimore Stock Exchangepursuant to § 240.17a-6 (Rule X-17A-6)under the Securities Exchange, Act of1934 for the disposal of all applications,reports, and documents filed with thatExchange prior to January 1, 1946, pur-

suant to sections 12, 13 and 16 of theSecurities Exchange Act of 1934, or anyrule or regulation promulgated by theCommission pursuant to any of such sec-tions. While Rule X-17A-6 also makesprovision for the disposal of all docu-ments which have been on ifie with anexchange for more than five years pur-suant to section 14 of the Securities Ex-change Act of 1934, or the rules adoptedthereunler, the plan of the Philadel-phia-Baltimore Stock Exchange doesnot contemplate the disposal of suchmaterial. The Exchange proposes tocommence disposing of the specified ma-terial as -soon as practicable after theCommission has declared its plan effec-tive. The plan also contemplates thatthereafter, as soon as practicable afterJanuary 1st of each year, regular dis-position will be made of similar materialwhich has been on file more than fiveyears.

Information contained in the materialproposed to be disposed of pursuant tothe plan of the Phladelphia-BaltimoreStock Exchange is on file with the Com-mission where it will continue to beavailable.

The Securities and Exchange Commis-sion proposes to declare the plan of thePhiladelphia-Baltnore Stock Exchangeeffective on condition that if at any timeit appears to the Commission necessaryor appropriate in the public interest orfor the protection of investors so to do,the Commission may suspend or ter-minate the effectiveness of said plan bysending at least ten days' written noticeto the Exchange.

These proposals are made pursuant tothe provisions of the Securities ExchangeAct of 1934, particularly sections 17 (a)23 (a) and 24 (b) thereof and RuleX-17A-6 thereunder. All interested per-sons are invited to submit their Viewsand comments in writing to the Securi-ties and Exchange Commission, 425Second Street NW., Washington 25, D. C.,on or before June 11, 1951.

By the Commission.

[SEAL] ORVAL L. DuBois,Secretary.

MAY 17, 1951.[F. R. Doc. 51-6015; Flied, May 24, 1951;

8:46 a. m.]

SAN FRANCISCO STOCK EXCHANGE

NOTICE OF PROPOSAL TO DECLARE EFFECTIVEA PLAN FILED FOR DISPOSAL OF CERTAIN-DOCUMENTS

Notice is hereby given that the Se-curities and Exchange Commission hasunder consideration a plan filed by theSan Francisco Stock Exchange pursuanttbo § 240.17a-6 (Rule X-17A-6) under theSecurities Exchange Act of 1934 for thedisposal of the following applications,reports, and documents filed with thatExchange prior to January 1, 1946, pur-suant to sections 12, 13 and 16 of theSecurities Exchange Act of 1934, or anyrule or regulation promulgated by theCommssion pursuant to any of such sec-tions:

(1) Forms 1-3, 2-4,15-AN, and AN-4pursuant to section 12;

(2) All reports filed pursuant to sec-tion 13;

(3) All reports filed pursuant to sec-tion 16;While § 240.17a-6 also makes provisionfor the disposal of all documents whichhave been on file with an exchange formore than five years pursuant to sec-tion 14 of the Securities Exchange Actof 1934, or the rules adopted thereunder,the plan of the San Francisco Stock Ex-change does not contemplate the dis-posal of any of such material. It shouldalso be noted that with respect to filings,under section 12 and the rules there-tinder this plan contemplates the dis-posal of only the material mentioned In(1) above.

The Exchange proposes to commencedisposing of the specified material assoon as practicable after the Commissionhas declared Its plan effective. The planalso contemplates that thereafter, assoon as practicable after January 1st ofeach year, regular disposition will bemade of similar material which has beenon file more than five years.

Information contained In the materialproposed to be disposed of pursuant tothe plan of the San Francisco StockExchange Is on file with the Commissionwhere It will continue to be available.

The Securities and Exchange Commis-ston proposes to declare the plan of theSan Francisco Stock Exchange effectiveon condition that If at any time It ap-pears to the Commission necessary orappropriate in the public Interest or forthe protection of investors so to do, theCommission may suspend or terminate.the effectiveness of said plan by sendingat least ten days' written notice to theExchange.

These proposals are made pursuant tothe provisions of the Securities ExchangeAct of 1934, particularly sections 17 (a),23 (a) and 24 (b) thereof and § 240.-17a-6 thereunder. All interested per-sons are invited to submit their views andcomments in writing to the Securitiesand Exchange Commission, 425 SecondStreet NW., Washington 25, D. C., on orbefore June 11, 1951.

By the Commission.[SEAL] ORvAL L. DuBois,

Secretary.MAY 17, 1951.

IF. R. Doc. 51-6016; Filed, May 24, 1051,8:46 a. n.]

UNITED STATES TARIFFCOMMISSION[List No. 22 (E) I

H1ARLEY-DAVIDSON MOTOR Co.

APPLICATION FOR INVESTIGATIONMAY 21, 1951.

Application has been filed with theUnited States Tariff Commission forinvestigation, under the escape clauseprocedure, to determine whether as aresult of unforeseen developments andof the concessiorn granted In a tradeagreement the articles listed below are

4950

Friday, May 25, 1951 FEDERAL REGISTER

ing like or directly competitive articles.The application was filed under theprovisions of Part I of Executive Order10082 of October 5, 1949.

Purpose of requcst Dwe Nam, rlnl d edr ct

I I rxed I 0ed1 nt

Motorcycles (item ZG9 (b). schedule = Withdrawal of binding May21, Q1. IHarly-Davl ,n . otot(original) of the general agreement on ofduty. Ce., MiLaukc, WI .tariffs and trade).

The application listed above is avail-able for public inspection at the office ofthe Secretary, United States Tariff Com-mission, Eighth and E Streets NW.,Washington, D. C., and in the New YorkOffice of the Tariff Commission, locatedin Room 437 of the Custom House, whereit may be read and copied by personsinterested.

Doim N. BENT,Secretary.

[F. R. Doe. 51-6017; Filed, May 24, 1951;8:46 a. m.]

DEPARTMENT OF JUSTICE

Office of Alien Property

Au=Horry: 40 Stat. 411, 55 Stat. 839. Pub.Laws 322, 671, 79th Cong., 60 Stat. 50, 925; 50U. S. C. and Supp. App. 1, 616; E. 0. 9193,July 6, 1942. 3 CFR. Cum. Supp., E. 0. 9567,June 8, 1945, 3 CFR. 1945 Supp., E. 0. 9788,_Oct. 14, 1946, 11 F. R. 11981.

[Vesting Order 13141, Amdt.]

Casr WnXNs

In re: Real property, property insur-ance policies and a claim owned by Wil-1ham Wilkens and another. F-28-7954-B-1.

Vesting Order 13141, dated April 13,1949, as amended, is hereby furtheramended as follows and not otherwise:

By deleting Exhibit A, of said VestingOrder 13141 and by reference made apart thereof, and substituting thereforExhibit A, set forth below and by refer-ence made a part hereof.

All other provisions of said VestingOrder 13141, as amended, and all actionstaken by or on behalf of the AttorneyGeneral of the United States in reliancethereon, pursuant thereto and under theauthority thereof are hereby ratified andconfirmed.

Executed at Washington, D. C., onMay 22, 1951.

For the Attorney General,[SEAL] HAROLD I. BAYNTON,

Asszstant Attorney General,Director Office of Alien Property.

Exn-rr A

All those certain lots and parcels of realestate situate, lying and being in the cityof Baltimore, State of Maryland and par-ticularly described as follows:

Parcel No. 1: 217 South Bentalou Street.Beginning for the same on the east side of

Bentalou Street, at the distance of 12 feet.more or less, northerly from the northeastcorner of Bentalou and McHenry Streets, saidbeginning being at the center of the parti-tion wall between the house standing on thelot now being described and the house ad-joining to the southward; and runningthence northerly, binding on the east side

of Bentalou Street. 12 feet to the center ofthe partition wall between the house stand-ing on the lot now being described and thehouse adjoining to the northward; thenceeasterly, along the center of the last men-tioned partition wall. and parallel to Me-Henry Street. 49 feet 1 inch to an alley 4feet wide; thence southerly, binding on saidalley, with the use thereof In common withthe other lots binding thereon, 12 feet; andthence westerly, parallel to McHenry Street.and along the center of the first mentionedpartition wall, 49 feet ! an inch to theplace of beginning. The improvementsthereon being known as No. 217 S. BentalouStreet.

Being Lot No. 256. which waa allotted toChristian Wilkens In the partition of thelands of William Willkens, Sr. See CircuitCourt for Baltimore County In Equity.Docket No. 10, folio 31, In the case of Wile na,et al, vs. Wilkens. et l.

The said Christian Wilkens departed thialife on February 18. 1949. thereby vesting thetitle to mid property in Leontine WilkenS,his widow, and William Wilkens, hi son.

Parcels No. 2 and No. 3: 310-312 FurrowStreet.

Beginning for the same on the west Aideof Furrow (formerly Forest) Street. at thecenter of the partition wall betwcen thenorthernmost house standing on the lot nowbeing described and the house adjoining tothe northward, said beginning being distant136 feet 2 inches southerly from the south-west corner of Furrow and McHenry Streets;and running thence southerly. binding onthe west side of Furrow Street, 25 feet 11inches to the center of the partition wall be-tween the southernmost house ntanding onthe lot now being described and the housoadjoining to the southward; thence westerly,along the center of the last mentioned parti-tion wall, and parallel to McHenry Street, 52feet to an alley 10 feet wide; thence north-erly, binding on the east side of sald alley,with the use and privilege of the same Incommon with other lots binding thereon, andparallel to Furrow Street, 25 feet 11 inches;and thence easterly, parallel to McHLnryStreet, and along the center of the firt men-tioned partition wall, 62 feet to the place ofbeginning. The improvements thereon be-ing known as Nos. 310 and 312 Furrow Street.

Being Lot No. 89 which was allotted toChristian Wilkens in the partition of thelands of William Wilkens, Sr. See CircuitCourt for Baltimore County In Equity. DocketNo. 10, folio 31, in the case of Wilkens, et al,vs. Wilkens, et l.

The said Chrlstian, Wlkens departed thialife on February 18, 1949. thereby vesting thetitle to saiti property In Leontine Wilkena. hiwidow, and William Wilkens, hi son.

Parcel No. 4: 8 Willard Street.Beginning for the crme on the wct vide

of Willard (formerly Wilkens) Street, at thecenter of the partition wall between thehouse standing on- the lot now being do-scribed and the house adjoining to the south-ward, being 243 feet 4 inches northerly Iromthe northwest corner of Willard and Lom-bard Streets; and running thence northerly,binding on the west side of Willard Street,12 feet to the center of the partition wallbetween the house standing on the lot nowbeing described and the house adjoiningthereto to the northward; thence westerly,

being imported in such relatively m-creased quantities and under such con-ditions as to cause or threaten seriousinjury to the domestic industry produc-

Name of article

4951

along the center of said last mentionedpartition wall. and at right angles to Wil-lard Street, 88?4 feet, more or less, to a3-foot alley there situate, and laid out alongthe western outline of the property herebelonging to William Wilkens Estate; thencecoutherly, on the east side of said alley, withthe use and privilege of the same in com-mon with other lots binding thereupon, 13feet 6 inches to meet a line drawn from thebeginning westerly, at right angles to Wil-lard Street; and thence, reversing said lineso drawn and binding thereon, and through,the c2nter of the first mentioned partitionwail. easterly. 95 feet, more or lezs, to thebe-innlng. -nown as 8 WIllard Street.

Being Lot No. 221 which was allotted toChristian Wilkens in the partition of theland of William Wilkens, Sr. See CircuitCourt of Baltimore County in Equty, Docket10. folio 31, in the case of Wilkens, et al,Va. Wilkens. et al.

The rald Christian Wilkens departed thislife on February 18, 1949, thereby vesting thetitle to said property in Leontine Wilkens,his widow, and William Wilkens, his son.

Parcels Nos. 5 and 6: 1913 and 1915 Wil-helm Street.

Buginning for the same at the southeastcorner of Wilhelm Street and GoldsmithAlley: and running thence easterly, bindingon the south aide of Wilhelm Street, 34 feet11 inches to the center of the partition wallbetween the easternmcst house standing onthe lot now being decribed and the houseadjoining to the e-atward; thence southerly,along the center of sald partition wall, andparallel to Goldmith Alley, 59 feet 2%4 inchesto an alley 10 feet wide; thence westexly.binding on the north side of said alley, withthe u:e and privilege of the same in com-mon with the other Iota binding thereon, andparallel to Wilhelm Street, 34 feet 11 inchesto Gold-ith Alley; and thence northerly,binding on the east side of Goldsmith Alley.&9 feet 2!4 inches to the beginning. Theimprovements thereon being known as los.1913 and 1915 WIlhelm Street.

BelngLot 30, DIvision A, which was allot-ted to William Wilkens. Jr., in the partitionof the estate of Wiam Wilkens, Sr. SeeCircuit Court for Baltimore County in Equity,Docket 10, folio 31, In the case of Wilken. etal. against Wlikens, et al. Sze also CircuitCourt No. 2 of Baltimore City, Docket 12-A,folio 112. wherein the property of WilliamWl 3ens, Jr was divided and the above prop-rty allotted to Christian Wilkens.

The raid Christian Wilkens departed thislife on February 18.1949. thereby vesting thetitle to cold property in Leontine Wilkens. hiswidow, and William Wilkens, his son.

Parcel No. 7: SE side of Ramsay Street now,called Ashton Streeto 130" x 165' City neg-=Ward 20 Sec 8 Block 2110 Folio 314 Line 3.

Parcel No. 8: East side of Willard Street(formerly Wilkena Street) 124 feet North ofFicderlck Avenue 42' x 170' City Reg Ward20 Sect 7 Block 2173 Folio 251 Line 12.

Parcels Nc-,. 9. 10. 11, 12 and 13: 192--1926--1932 Wilkens Avenue and 323 and 330 SouthMonroe Street.

Beatnning for the first thereof on thenorthwest side of Wilkens Avenue, at the dis-tance of 63 feet 7 inches northeasterly fromthe northeast corner of Payson Street andWlikens Avenue, raid place of beginning be-log at the center of the partition wall be-tween the brick house standing on the lotnow being described and the brick houseadjoining to the scouthwetrwd; and run-ning thence northe-terly, binding on thenorthwest side of Wilkens Avenue, 17 feet 11inches to the center of the partition wallbetween the brick house standing on tholot now being desmlbed and the brick houseadjoining to the northeas wtd; thencenorthwesterly, along the center of said Istmentioned partition wall, and parallel toPayson Street, 10 feet to an alley 10 feetwide; thence couthwesterly, binding on thesouthicat side of said alley, with the use and

NOTICES

privilege of the same in common with theother lots binding thereon, and parallel toWilkens Avenue, 17 feet 11 inches; andthence southeasterly, parallel to PaysonStreet, and along the center of said firstmentioned partition wall, 100 feet to theplace of beginning. The improvementsthereon being known as No. 1924 WilkensAvenue.

Beginning for the second thereof on thenorthwest side of Wilkens Avenue, at thedistance of 70 feet 10 inches northeasterlyfrom the northeast corner of Payson Streetand Wilkens Avenue, sald place of beginningbeing at the cenfer of the partition wallbetween the brick house standing on the lotnow being described and the bricl; houseadjoining on the southwestward; and run-ning thence northeasterly, binding on thenorthwest side of Wilkens Avenue, 17 feet 9inches to the center of the partition wallbetween the brick house standing on the lotnow being described and the brick houseadjoining to the northeastward; thencenorthwesterly, along the center of said lastmentioned partition wall, and parallel toPayson Street, 100 feet to an alley 10 feetwide; thence southwesterly, binding on thesoutheast side of said alley, with the use andprivilege of the same in common with theother lots binding thereon, and parallel toWilkens Avenue, 17 feet 9 Inches; and thencesoutheasterly, parallel to Payson, Street, andalong the center of said first mentioned par-tition wall, 100 feet to the place of beginning.The improvements thereon being known asNo. 1926 Wilkens Avenue.

Beginning for the third thereof on thenorthwest side of Wilkens Avenue, -at thedistance of 17 feet 7/2 inches northeasterlyfrom the northeast corner of Payson Streetand Wilkens Avenue, said place of begin-ning being at the center of the partitionwall between the briek house standing onthe lot now being described and the brickhouse adjoining to the southVestward; andrunning thence northeasterly, binding onthe northwest side of Wilkens Avenue, 17fedt 7 inches to the center of the partitionwall between the brick house standing onthe lot now being described and the brickhouse adjoining to the northeastward; thencenorthwesterly, along the center of sald lastmentioned partition wall, and parallel toPayson Street, 100 feet to an alley 40 feetwide; thence southwesterly, binding on thesoutheast side of said alley, with the useand privilege of the same in common withthe other lots binding thereon, and parallelto Wilkens Avenue, 17 feet 7 Inches; andthence southeasterly, parallel to PaysonStreet, and along the center of said firstmentioned partitlon, all, 100 feet to theplace of beginning. The Improvementsthereon being known as No. 1932 WilkensAvenue.

Beginning for the fourth thereof on theWest side of Monroe Street, at the distanceof 75 feet % inch northerly from thenorthwest corner of Monroe and RamsayStreets, said place of beginning being atthe center of the partition wall betweenthe house standing on the lot now beingdescribed and the house adjoining to thesouthward; and running thence northerly,binding on the west side of Monroe Street,14 feet 9 inches to the center of the parti-tion wall between the house standing on tilelot now being described and the house ad-joining to the northward; thence westerly,along the center of said last mentioned par-tition wall, and parallel to Ramsay Street,100 feet to an alley 10 feet wide; thencesoutherly, on said alley, with the use thereofin common, and parallel to Monroe Street,14 feet 9 inches; and thence easterly, paral-lel to Ramsey Street, and along the centerof the flrstjmentioned partition wall, 100

feet to the place of beginning. The im-provements thereon being known as No.328 S. Monroe Street.

Beginning for the fifth thereof on the westside of Monroe Street, at the distance of 60feet 3% inches northerly from the northwestcorner of Monroe and Ramsay Streets, saidplace of beginning being at the center of thepartitilon wall between the house standingon the lot now being described and the houseadjoining to the southwest; - and runningthence northerly, binding on the west sideof Monroe Street, 14 feet 9 inches to the cen-ter of the partition wall between the housestanding on the lot now being described andthe house adjoining to the northwestward;thence westerly, along the'center of said lastmentioned partition wall, and parallel toRamsay Street, 100 feet to an alley 10 feetwide;. thence southerly, on said alley, withthe use thereof In common, and parallel toMonroe Street, 14 feet 9 inches; and thenceeasterly, parallel to Ramsay Street, and alongthe center of the first mentioned partitionwall, 100 feet to the place of beginxLing. Theimprovements thereon being known as No.330 S. Monroe Street.

Being, the same five lots of ground which,by assignment dated January 12, 1938, andrecorded among the Land Records of Balti-more City in Liber S. C. L. No. 5793, folio364, were granted and assigned by OlaytonW. Bordley to Christian Wilkens, subject tothe annual rents of sixty dollars ($60.00)each on the first, second and third lots abovedescribed, and at and under the rents of$42.00 each on the fourthly and fifthlyabove described lots, payable In equal half-yearly instalments on the twelfth days ofJanuary and July in each and very year.

The said Christian Wilkens departed thislife on February 18, 1949, thereby vesting thetitle to said propertiesin Iontine Wilkens,his widow, and William Wilkens, his son.

[F. R. Doc. 51-6043; Filed, May, 24, 1951;8:49 a. m.]

[Vesting Order 16280, Amdt.]

SHozo TomoEDAIn re: Rights of Sumo Tomoeda and of

the domiciliary personal representatives,et al., of Shozo Tomoeda, deceased, un-der contract of insurance. File No.P-39-4525-H-1. Vesting Order No.16280 dated December 7, 1950, is herebyamended to read as follows:

Under the authority of the TradingWith the Enemy Act, as amended, Ex-ecutive Order 9193, as amended, and Ex-ecutive Order 9788, and pursuant to law,after investigation, it is hereby found:

1. That Sumo Tomoeda, whose lastknown address is Japan, is a residentof Japan and a national of a designatedenemy country (Japan)

2. That the donciliary personal rep-resentatives, heirs-at-law, next-of-kin,legatees and distributees, names un-known, of Shozo Tomoeda, deceased,who there is reasonable cause to believeare residents of Japan, are nationals of adesignated enemy country (Japan)

3. That the net proceeds due or tobecome due under a contract of insur-ance evidenced by Policy No. 596,444,issued by the General American Life In-surance Company, Saint Louis, Missouri,to Shozo Tpmoeda, together with theright to demand, receive and collect saidnet proceeds, is property within the

United States owned or controlled by,payable or deliverable to, held on behalfof or on account of, or owing to, or whichIs evidence of ownership or control by,Sumo Tomoeda or the domiciliary per-sonal representatives, heirs-at-law,next-of-kin, legatees and distributees,names unknown, of Shozo Tomoeda, de-ceased, the aforesaid nationals of adesignated enemy country (Japan),and it Is hereby determined:

4. That to the extent that the personnamed in subparagraph 1 hereof and thedomiciliary personal representatives,heirs-at-law, next-of-kin, legatees anddistributees, names unknown, of ShozoTomoeda, deceased, are not within adesignated enemy country, the nationalinterest of the United States requiresthat such persons be treated as nationalsof a designated enemy country (Japan)

All determinations and all action re-quired by law, Including appropriateconsultation and certification, havingbeen made and taken, and it beingdeemed necessary In the national in-terest,

There Is hereby vested In the Attor-ney General of the United States theproperty described above, to be held,used, administered, liquidated, sold orotherwise dealt with in the interest ofand for the benefit of the United States.

The terms "national" and "designatedenemy country" as used herein shall havethe meanings prescribed In section 10 oExecutive Order 9193, as amended.


For the Attorney General.

[SEAL] HROLD 1. BAYETON,Asststant Attorney General,

Director Office of Alien Property.IF R. "Doc. 51-6045; Filed, May 24, 1951:

8:49 a. m.]

[Vesting Order 177991

UNvEnsma-FiLT A. 0. ET AL.In re: Rights in motion pictures ownec

and/or distributed by Universum-FlInA. G. and others.

Under the authority of the TradingWith the EnemyAct, as amended, Exec-utive Order 9193, as amended, and Ex-ecutive Order 9788, and pursuant to law,after investigation, it is hereby found:

1. That Universum-Film A. G., alsoknown as Ufa (the producer and/or dis-tributor of the motion pictures listed InExhibits A and B set forth below andmade a part hereof) the last knownaddress of which is Berlin, Germany, Is

- a corporation organized under the lawsof Germany and which has or on'or sincethe effective date of Executive Order8389, as amended, has had Its principalplace of business in Berlin, Germany,and is a national of a designated enemycountry (Germany),

2. That the persons (including Indi-viduals, partnerships, associations, cor-porations or other business organiza-tions) whose names and last known ad-

4952


dresses are set forth in Column 2 ofExhibits C and D set forth below andmade a part hereof, are residents of, orare organized under the laws of, or haveor on or since the effective date of Exec-utive Order 8389, as amended, have hadtheir principal places of business in,Germany and are nationals of a desig-nated enemy country (Germany)

3. That Wien-Film G. m. b. H. (theproducer of the motion pictures listed inExhibit E set forth below and made apart hereof) the last known address ofwhich is Vienna, Austria, and whichthere is reasonable cause to believe is acorporation organized under the laws ofAustria, is or, on or since the effectivedate of Executive Order 8389, as amend-ed, has been owned or controlled by oracting or purporting to act directly orindirectly for the benefit or on behalf ofthe aforesaid Umversum-Film A. G., andis a national of a designated enemycountry (Germany)

4. That the producers and/or distrib-utors of the motion pictures listed inExhibits P and G set forth below andmade a part hereof, who, if individuals,there is reasonable cause to believe areresidents of Germany and who, if-part-nerships, associations, corporations orother business organizations, there isreasonable cause to believe are organizedunder the laws of, or have or on or sincethe effective date -of Executive Order8389, as amended, have had their prm-cipal places of business in Germany, arenationals of a designated enemy country(Germany)

5. That the property described as fol-lows:

(a) All right, title, interest and claimof whatsoever kind or nature, under thestatutory and common law of the UnitedStates and of the several States thereof,in, to and under the following:

(1) The motion pictures listed in Ex-hibits A, B, C, D, E, F and G set forthbelow and made a part hereof, including,but not limited to, the excllusive right toexhibit same in whole or in part by anymeans within the. United States, allrights to arrange, adapt, revise, translate,and duplicate said motion pictures Inwhole or in part, and every copyright,right to copyright, and right to renew thecopyright or copyrights rn said motionpictures.

(2) The screen plays, scenarios, andshooting scripts upon which said motionpictures are based, including, but notlimited to, all motion picture and tele-vision rights therein, and every copy-right, claim of copyright, right to copy-right, and right to renew the copyrightor copyrights m said screen plays, sce-narios, and shooting scripts.

(3) The rights to dramatize, perform,represent, and reproduce on motion pic-ture film those portions of the publishedand unpublished works subject to copy-right, other than the above mentionedscreen plays, scenarios, and shootingscripts, which underlie or are embodiedin said motion pictures and to exhibitsuch film by any means in the UnitedStates

(b) All right, title, interest, and claimof whatsoever kind or nature, under the

"Er2RAL REGISTER

statutory and common law of the UnitedStates and of the several States thereof,of Universum-Flim A. G., also known asUfa, Wien-Flim G. m. b. H. and also ofall other persons (including individuals.partnerships, associations, corporationsor other business organizations) whetheror not named elsewhere in this order. In-cluding said Exhibits A, B, C, D, E, Fand G, who are citizens and residents of.or which are organized under the laws ofor have their principal places of businessin, Germany and are nationals of suchdesignated enemy country, in, to andunder the following:

(1) All prints In the United States ofthe motion pictures listed In said Ex-hibits A. B. C, D, E. F and G.

(2) All arrangements, adaptations, re-visions, dramatizations, translations, andversions of the motion pictures listed Insaid Exhibits A. B, C. D, E. F and G.

(3) Every license. agreement, privilege.power and right of whatsoever naturearising under or with respect to the prop-erty described in subparagraphs 5 (a)5 (b) (1) and 5 (b) (2) of this VestingOrder.

(c) All monies and amounts, and allrights to receive monies and amounts, byway of damages, royalty, share of profitsor other emolument, accrued or to ac-crue, whether arising pursuant to law,contract or otherwise, with respect to theproperty described in subparagraphs 5(a) and 5 (b) of this Vesting Order, and

(d) All causes of action accrued or toaccrue at law or in equity with respectto the property described In subpara-graphs 5 (a) 5 (b) and 5 (c) hereof,including but not limited to the rightsto sue for and recover all damages andprofits and to request and receive thebenefits of all remedies provided by com-mon law and by statute for the infringe-ment of any copyright, for the violationof any right and for the breach of anyobligation described In or affecting theaforesaid property,

is property within the United Statesowned or controlled by, payable or de-liverable to, held on behalf of or on ac-count of, or owing to, or which isevidence of ownership or control by, thepersons referred to in subparagraphs 1.2, 3, 4 and 5 (b) hereof, the aforesaidnationals of a designated enemy coun-try (Germany) and Is property of, or isproperty payable or held with respect tocopyrights or rights related thereto inwhich interests are held by, and suchproperty Itself constitutes Interesttherein held by, the aforesaid nationalsof a designated enemy country (Ger-many)

and it is hereby determined:6. That Wien-Film G. m. b. H. is con-

trolled by or acting for or on behalf ofa designated enemy country (Germany)or persons within such country and is anational of a designated enemy country(Germany) and

7. That to the extent that the personsreferred to in subparagraphs 1, 2, 3 and4 hereof are not within a designatedenemy country, the national interest ofthe United States requires that such per-

4953

sons be treated as nationals of a desig-nated enemy country (Germany).

All determinations and all action re-quired by law, includng appropriate con-sultation and certification, having beenmade and taken, and it being deemednecessary in the nationgl interest,

There Is hereby vested in the AttorneyGeneral of the United States the prop-erty described in subparagraph 5 hereof,to be held, used, administered, liqui-dated, sold or otherwise dealt with in theinterest of and for the benefit of theUnited States.

The terms "national" and "designatedenemy country" as used herein shallhave the meanings prescribed m section10 of Executive Order 9193, as amended.

Executed at Washington, D. C, onMay 4, 1951.


[SEAL] HnoI L BYNTon,Assistant Attorney General,

Director Office of Alien Prpperty.

nn ATitle- of motion picture features produced

and/or diatrfbuted by Unirersum-FlrisA. G.Anna Boleyn.Die Bergkatze.Der blonde Traum.Blutobrildercchaft (1926 production).Die Brilder Karama-off.Dr. Mabuce, der Spleler (1922 production).Fauat.Fleko.Flaochenteufelcb n.Die freudloze Gasze.Die Frau im Mond.Genuine.Dr Golem.Ich bot Tag. Du bel Nacht.Das Habinett des Dr. Calgarl.Katzensteg (1927 production).KricmbildZ Rache.Die letzte Kompagnle.Die Liebe der Jeanne Ney.Licbesmalzer.Die Lilge der 2lna Peftrona.LuLe Millerin (Kabale und Liebe).Melodle des Herrens.Men ch ohne Ilamen.Metropollz.Michael.Der mide Ted.Die Nacht gerhrt uns.Die Nibelungen (1924 production).Die 141bolungen (1926 production).N cferatu.Die Pent von Plorenz.Phantom.Silvezter.Tartuffe.Die ungelrzche Elapzodie.Der unterbllche Lump.Uriel Acoata.Vcraunt.Da Wacisigurenkabinett.Der weizce Teufel.Yorc&.Zzel Menceben (1924 production).

ESm= BTitles of motion pcturc short .subjects pro-

duced and/or distributed by Unirersum-Film A. G.Annehen von 'Frharau.Die Alpcn.Am Rande der Sahars.

4954

Auf blinkenden Pfaden.Auf! den Halligen.Auf den Spuren der Hanse.Auf Tiergang in Abessinien.Bet den deutschen Kolonisten in Std-

westafrika.Der Berg bltlnt.Besuch belm Wettermacher.Chinesische Stiidte.Das deutsche Warmblut.Deutsechlands Luftwaffe.Ebbe und Flut.Emma III.Erfinderin Natlir.Fauna und Flora am Neustedler See.Fledermituse.Die Fledermaus.Der fliegende BrIeftrager.Die Fuchsjagd imi Engadin.Gehelmnisse einer Seele.Das Geschenk.Geschichte einer kleinen Welt.destachelte Plagegeister'(Stechmflcke und

Malaria).Der grosse Preis von Europa.Der Hamster.Harrar, ein Kulturzentrum der Somalis.Der hellige Berg.Der Hirscbkafer.Hochgebirgsschule.Hochspannung.Die Hohe Tatra.in Kampf mit dem Berg.Insekten, die ins Wasser gingen.Insektenfressende Pflanzen.Der interessante Fall.Kampf um die Scholle.Klein-Polen an den Ufern der Warthe.Ein kieiner Lebenslauf.Koamik In Hundeleben.Krlechtiere und Otterngezticht.Kunstfertige Handwerker und Baumeister

im Tierreich.Liebesleben der Pflanzen.Das lustige-Bfr-o.Des Mensechen Freund.Milak, der Gronlandjdger.Mit dem Auto durch das Morgenland.Natur* und Liebe (Vom Urtier zum Men-

schen).Pimpfe lernen fliegen.RaritiLtenladen.Reinlich]ceit fiber alles.Der. Rhein Film.Ritter Stachelrock (Der Igel).Rund um das kaserllche Schloss in Addis

Abeba.Salon der Meeresungeheuer.Die SchrIft der Pflanzen.Die Seele der Pflanzen.Stachlige Freunde.Tierktinste unter der Zeitlupe.Tierwelt der Nordsee.T N greift eln.Unendliches Weltall.Unsere Relchsmarine.Unsichtbare Wolken.Unter vier Augen.Verwandlungsklinstler in del' Natur. \.

Vogelparadies In der Ostmark.Vom Auerhahn und anderem Edelwild.Vom Waldk~nig und seiner Krone.Von Blumen, Frtichten und Insekten.Von Kunstschiltzen und Fallensteliern.Waidmannsheil.Wege zu Kraft und Schfnhelt.Wein, Weib, Gesang.Wenn Mutter schafft.Wilna und die Wdlfe.Das Wart aus Stein.Wunder der Sch6pfung.Wunder des Sehneeschuhs.Die Wunderwelt des blagen Golfes.Wunderwelt Kehlkopf.Zeitiupenrevue aus der geflederten Welt.Zimmer zu vermieten.Zum Schneegipfel Afrikas.Zwerge aus dem Ozean.

NOTICES

Column 1EXHbT C

Column 2Tites of motion picture features Producers and/or distributors

Abenteuer einer Nacht ---------------- Cine-Allianz Tonfllm G. m. b. H., Berlin, Germany,Abenteuer im Engadin --------------- AAFA Film Produktion G. m. b. H., Berlin, Ger-

many.Abenteurer von heute --------------- Deutsches Llchtsplel Syndlkat A. G., Berlin,

Germany.Anna und Don Juan ----------------- Terra-Flmkunst G..m. b. H., Berlin, Germany.Anschluss verpasst ------------------- Cine-Allanz Tonfllm G. m. b. H., Berlin, Germany.Arbeit macht glilcklich --------------- Terra-Film A. G., Berlin, Germany.Aufforderung zum Tanz (Der Weg Carl Cicero-Film 0. m. b. H., Berlin, Germany.

Maria von Weber's).Aurora von KbnIgsmark -------------- Universum-Fllm A. 0. "Ufa'., Berlin, Germany.Bayer 205 (Kampf um Germanin) ----- UnIversum-Film A. G. " Ufa" Berlin, Germany.Berlin, wle es weint und lacht ---------- Ondra-Lamac Film G. m. b. H., Berlin, Germany.Bosambo ----------------------------- Bavaria-Film A. G., Munich, Germany.Brennende Grenze ------------------- Euphono-Film G. m. b. H., Berlin, Germany,Condottieri (German version only) ---- Tobls-Cinema Film A. G., Berlin, Germany.Drel Lilien ------------------------- Aco-Film G. m. b. H., Berlin, Germany.Du meine Seele, Du mein Herz --------- Universum Film A. G. "Ufa", Berlin, Germany.Du sollst meine K6nlgin sein ----------- Universum-FlIm A. G. "Ufa" Berlin, Germany.Eine Minute vor Zw6lf --------------- Tobis-Rota A. G., Berlin, Germany.Einmal Napoleon --------------------- Bavaria-Fflinkunst G. m. b. H., Munich, Germany.Einquartlerung --------------------- AC-Film G. m. b. H., Berlin, Germany.Es begana to gelben Drachen ---------- Euphono-Fim G. m. b. H., Berlin, Germany.Es geschah n einr Nacht -------------- Markische-Film G. m. b. H., Panorama-Film

G. m. b. H., and Wilhelm Schneider FiimvertiiebG. m. b. H., all of Berlin, Germany.

Feind ohne Gnade ------------------ F. D. F., Fabrlkation deutsehsr Filmo G. m. b. H.,Berlin, Germany.

Figaro's Hochzeit (1936 production) ---- Universum-ilm A. G. "Ufa" Berlin, Germany.Flachsmann als Erzieher -------------- Tobis-Filmkunst G. m. b. H., Berlin, Germany.Der fliegende Tad ----------.. ... --- Klawif Flimverleth, Berlin, Germany.Flitterwochen (1939 Tobis production) __ Tobis-Filmkunst G. m. b. H., Berlin, Germany.Fitterwochen ohne Mann ------------- Algefa-Eilm G. m. b. F., Berlin, Germany.Fraulein Josette-meine Frau ---------- Vitagraph-Tonfllm G. m. b. H., Berlin, Germany.Frechheit siegt ------- -.------------- F. D.'F., Fabrikation deutsecher Fllme 0. m. b. H.,

Berlin, Germany.Der Galeerenstrdfling ---------------- Euphono-Film 0. m. b. H., Berlin, Germany.Gang in die Nacht ------------------- Tobis-Filmkunst G. m. b. H., Berlin, Germany.Gehetzte Menschen ----------------- Syndikat-Film G. mn. b. H., Berlin, Germany.Das Gespenst auf Reisen -------------- Tobis-Europa A. G., Berlin, Germany.Gestern Nacht urn Zwe -------------- Unlversum-Film A. G. "Ufa" Berlin, Germany.Der goldene Gletscher ---------------.. .Bavarla-Flm A. G., Munich, Germany.Die.grosse Entscheidung -------------- Terra-Fmlmkunst 0. m. b. H., Berlin, Germany.Das grosse Lustsplel --------------- Minerva-Tonfllm G. m. b. H., Berlin, Germany.Heimllche Liebe (Rosmarin) ----------- Universum-Film A. G. "Ufa" Berlin, Germany.Tin Rebeloch rumort's ---------------- Tobis-Filmkunst G. m. b. H., Berlin, Germany.Die Insel der verlorenen Schiffe -------- Tobs-Filmkunst G. m. b. H., Berlin, Germany.Ist Luzia ein Mdel? ---------------- Vitagraph-Tonflm 0. m. b. H., Berlin, Germany.Jugendtraum ------------------------ F D. F., Fabrikation deutscher Flmo 0. m, b. H,,

Berlin, Germany.Kalserwalzer ----------------------- AAA Film Produktion 0. m. b. H., Berlin Ger-

many.Kameliendame --------------------- Forum-Film G. m. f). H., Berlin, Germany.Kammerkiitzchen ------------------- Tobis-Rta A. G., Berlin, Germany.Kapit~n Boykott --------------------- Terra-Filmkunst G. m. b. H., Berlin, Germany.Der kleine Knig ------------------- Tobs-Rota A. G., Berlin, Germany.Der Kommandant -..- -------- Terra-Flmkunst 0. in. b. H., Berlin, Germany,Lache Bajazo (German version only)___ Tobls-Filmkunst G. m. b. H., Berlin, Germany.Des Lebens Ueberfluss ---------------- Cine-Alllanz Tonfllm G. m. b. H., Berlin, Germany,Leise kommt das Gltilck zu Dir --------- N. A. 0. Flmverlelh G. m. b. H., Berlin, Germany.Der letzte Appell ---------- --- Tobis-Filnkunst G. m. b. H., Berlin, Germany.Das leuchtende Zlel ............----- Metropol-Film-Verlelb, Berlin, Germany.Liebe -----------------........----- Unlversum-Film A. G. "Uf!a" Berlin, Germany,Liebe, Frelheilt und Verrat ------------- Cando-Flm G. m. b. H., Berlin, Germany.Lord Burnleys Affdre ---------------- Tobis-Flmkunst 0. m. b. H., Berlin, Germany.Maddalena ---------------------------- Tobs-Rota A. G., Berlin, Germany.Ein Miidchen von heute -------------- Terra-Finkunst G. m. b. H., Berlin, Germany.Mdnner ohne Gewissen --------------- Ariel-Film G. m. b. H., Berlin, Germany.Die MA'nner von Aren ---------------- Univerm=-Film A. G. "Ufa" Berlin, Germany.Der Mann ohne Furcht ------.....----- Tobis-Rota A. G., Berlin, Germany.Mein Freund, der K6nIg -------------- Tobls-Rota A. G., Berlin, Germany.Mein Herz der K6nlgin ...--------------- Tobs-Europa A. G., Berlin, Germany.Der M-llonr... . Bavaria-Filmkunst 0. m. b. H., Munich, Germany.

.mi ----------------------------- Cando-Film G. m. b. H., Berlin, Germany.Morgen ist alles besser ---------------- Herzog-Film G. m. b. H., Berlin, Germany.Muss man sich gleich scheiden lassen_... Panorama-Film 0. m. b. H., Berlin, Germany.Mutterblinde -------------------------- Cando-Film G. m. b. H., Berlin, Germany.Die Nacht ohne Abschied (1939 Tobis Tobis-Filmkunst G. m. b. H., Berlin, Germany,

production).Nagan ..... Tobls-Rota A. G., Berlin, Germany.Narren im Schnee ............. ----------- Tb-Flemkunst G. m. b. H., Berlin, Germany.Natasha ------------------------------ Cando-Film G. m. b. H., Berlin, Germany.Palos Brautfahrt --------------------- Unversum-Film A. G. "Ufa" Berlin, Germany.Percy auf Abwegen ------------------- Tobis-Filmkunst G. m. b. H., Berlin, Germany.

Frday, May 25, 1951

Column 1 Column 2

Titles of motion picture features Producers anl/or d1strlbutcrsPeter soielt mit dem Feuer ------------ Aco-Fllm G. m. b. H., Berlin, Germany.Das Privatleben des Don Juan --------- Bavaria-Film A. G., Munich, Germany.Die Radio Polizelpatroulle ------------- Tobis-Rota A. G.. Berlin, Germany.Die Schlacht am blauen Berge ......... Lrklsche-Film G. m. b. H., Panorama-Film

G. M. b. H. and Wilhelm Schneider FilmvertrlebG. m. b. H., all of Berlin, Germany.

Die Schlossherrin von Lebanon --------- Universum-Flm A. G. '"Ufa" Berlin, Germany.Schwarze Augen ----------------------- H. T.-Film. Berlin, Germany.Der Schwar des Armas Beckius --------- N. A. G. Filmverlelh G. m. b. H., Berlin. Germany.Das Seeamt entscheldet --------------- Tobls-Filmkunst G. m. b. H., Berlin. Germany.Sen letztes Modell (German version Bavaria-Film A. G., Munich, Germany.

only).Sie sind Viotta ----------------------- Cine-Allianz-Tonfllm G. m. b. H., Berlin. Germany.Die siebente Grossmacht ------------- Tobs-Filmkunst G. m. b. HL. Berlin, Germany.Skandal in Paris ------------------- Deka-Flim G. m. b. H.. Berlin. Germany.Sogar in diesen Zeiten --------------- Ondra-Lamac Film G. m. b. H., Berlin, Germany.Der Staatsanwalt klagt an .------------ F. D. F., FabriLka ion deutecher FlIme G. m. b. H.,

Berlin, Germany.Die Stimme ohne Gesicht ------------- Henry MUller Monopolillm, Berlin. Germany.Tatort Westbahnhof ------- ...--------- Terra-Fllmkunst G. n. b. H.. Berlin. Germany.Der Teufelsgeiger, PaganinL ----------- Terra-Filrnkunst G. m. b. EL., Berlin, Germany.Die Tochter des Samurai (German Terra-Film A. G., Berlin, Germany.

version only).Tad fiber Shanghai ------------------ Siegel-Monopolffim, Dresden and Berlin. Germany.Tundra ------------------------ Universum-Flm A. G. "Ufa' Berlin, Germany.Ulanengeltibde ------------------.. ... H. T.-Film, Berlin. Germany.Um eme Ftlrstenkrone --------------- Haimmer-Tonfilm, Berlin, Germany.Und wer war es wirklich? -------------- Tobis-Fllmkunst G. m. b. H, Berlin. Germany.Der ungetreue Eckehard -------------- Lothar Stark-Film G. m. b. H.. Berlin, Germany.Unmdgliche Liebe ----- - .. -__ - - 7 Mirkische-Film G. m. b. H.. Panorama-Film

G. m. b. H. and Wilhelm Schneider FllmvertrlebG. m. b. H., all of, Berlin, Germany.

Die Unsichtbaren ------------------- Bavaria-Filrmkunst G. m. b. H., Berlin. Germany.Das unsterbliche Antlitz -------------- Tobis-Filmkunst 0. m. b. H.. Berlin, Germany.Unter falschem Verdacht -------------- Forum-Film 0. m. b. H., Berlin. Germany.Das Veilchen der Kalserin ------------- Terra-Film A. G, Berlin, Germany.Der verbinderte he . .n-------------- Tobis-Filmkunst G. m. b. H., Berlin, Germany.Die vertauschte Grossmutter (Schuld Pontus-Film, Hamburg, Germany.

allein ist der Wein).Wehe, wenn sie erben ----------------- Tobls-Filmhunst G. m. b. H., Berlin, Germany.Weltraurmschiff Nr. 18 --------- Universum-Film A. G. "Ufa" Berlin. Germany.Zigeuner der Nacht --------------- --- Bavaria-Film A. G., Munich, Germany.Zirkus Horvath brennt --------------- Aco-Film G. m. b. H.. Berlin, Germany.Die Zwei im Sidexpress -------------- Bavaria-Film A. G., Munich, Germany.Zwei Welten (1930 production) -------- Greenbaum-Flim G. m. b. H. Berlin, Germany.Zweschen Abend und Morgen ---------- Universum-Flim A. G. "Ufa" Berlin, Germany.

EMzIr D

Alpen6hn ---------------------------- Lackebuach & Co., Berlin, Germany.Aus Stifters B6hmerwald-Heimat ----- Universum-Fllm A. G. "Ufa' Berlin, Germany.Der Barbier von Sevilla -------------- F. D. F., Fabrikation deutecher Fulme G. m. b. H.,

Berlin, Germany.Burgenland ------------------------ Univeraum-Film A. 0. "Ufa" Berlin, Germany.Der deutsche Schdferhund --------- --- Krdsi & Bothke. Berlin. Germany.Deutsche Steilkiisten ----------------- Lex-Film G. m. b. H., Berlin. Germany.Der erste Jagdschein ----------------- Naturfilm H. Schonger. Berlin, Germany.Feuer inm Schiff -------------------- Lex-Film G. m. b. H., Berlin, Germany.Forschungsstation JungfrauJoch-..--- Herbert Dreyer G. m. b. H., Berlin, Germany.Grosser Tag in Ruhleben ..------------ Universum-Flim A. G. "Ufa" Berlin, Germany.Inspektor Warren wird bemfiht -------- K. V. Fllmproduktlons- und Vertrlebs G. m b. L,

Berlin, Germany.Insel Rigen ----------------------- Universum-Fllm A. G. "Ufa" Berlin, Germany.J§,gersprache -------------------------- Paul Lleberenz 0. m. b. H., Berlin, Germany.Kapitdne der Landstrasse ------------- Kulturfm Institut G. m. b. H., Berlin, Germany.Kennt ihr das Land in deutschen Gauen?_ Kling-Film G. m. b. H., Berlin, Germany.Liebe auf dei ersten Blick ----------- F. D. F., Fabrikation deutecher Filme G. m. b. H.,

Berlin, Germany.Lustig sein-fr6hlich sein -------------- Universum-Film A. G. 'Ufa' Berlin. Germany.Das M-adchen von Saint Coeur --------- Universun-Fiin A. G. "Ufa" Berlin, Germany.Mann ira Schrank. -------- --- K. V. Fllmproduktions- und Vertrleb3 G. m, b. H.,

Berlin, Germany.Bin Meer versinkt -------------------- Bavarla-Film A. G., Munich, Germany.Notgememschaft Hinterhaus ----------- Universum Film A. G. "Ufa" Berlin, Germany.Onkel Fndolin --------------------- . D. F., Fabrikation deutecher Filme G. m. b. H.,

Berlin, Germany.Polmsche K6nigsstRdte ------------- Universum-Film A. G. "Uf3a" Berlin, Germany.Schneewittschen und die 7 Swerge ---- Naturilm H. Schonger, Berlin. Germany.Silvesternacht am Alexanderplat-z ....... Majestic-Film G. n. b. H., Berlin. Germany.Tante Sidomes Erbe ----------------- Drng Film Werke G. m. b. H., Berlin, Germany.Wasserburgen in Westfalen ----------- Universun Film A. G. "Ufn" Berlin. Germany.Der Weg fiber den Ozean ------------- Naturfllm H. Schonger, Berlin, Germany.Wenn ein klemes Mddel spielt --------- Eros-Film G. m. b. H., Berlin. Germany.Eine wunderbare Welt --------------- Luce-Fllm G. m. b. H., Berlin, Germany.Wurf im Sport ----------------------- Olympla-Film G. m. b. H., Berlin, Germany.

ETitles of motion picturc short subfects

Blonde Frau Ubarn nrzen Weg.Kinderhinde-Kilnstlerhiinde.Schwarz gegen blond.Bin Tag in Schfnbrunn.

Esmn P

Titles of motnfon picture short subjects

Belm Nervenarzt.Changing Time,: A Study In Contrast.Die harlerto We-te.Trier, Germany's Old-st City.The Zeppelinz.

E~mar GTitles of motion picture features

Abenteuer auf dem Meresgrtmd.Du bLt flr rich die sch~nate Frau.Flucht nach Nlzza.Xaneval des Lebens.Liebe auf den ersten Ton.Mencchen Irm Sturm (1935 or 1936 produc-

tion).Muolt der Hezzn.Spat5-n cbrcck.Symphonic der Liebe.

IF. R. Dzc. 51-Z038; Filed, May 24,. 1951;8:48 a. m.l

[Vesting Order 1l80]

CF.EDIT SUISSE

In re: Accounts maintained In thename of Credit Suisse, Berne, Switzer-land. and owned by persons whose namesare unknown. F-63-60 (Berne)

Under the authority of the Trading-With the Enemy Act, as amended, Execu-tive Orders 9193. as amended, 9783 and9989. and pursuant to law, after mvesti-gation, It Is hereby found:

1. That the property described as fol-lows: All property, rights and interestsin the accounts Identified in Exhibit Aattached hereto and by reference madea part hereof, together with

(a) Any other property, rights andinterest. which represent accumulationsor accruals to, changes In form of, or sub-stitutions for, any of the property, rightsand interests in said identified accountson October 2, 1950, and which are nowheld in other accounts being maintainedas block or otherwise subject to the re-strictions of Executive Order 8389, asamended, or regulations, rulings, ordersor instructions Issued therounder, and

(b) Any and all rights in. to andunder any securities (including, with-out limitation, bonds, coupons, mortgageparticipation certificates, shares of stock,scrip and warrants) and any and alldeclared and unpaid dividends on anyshares of stock, in any of said accounts,

excepting from the foregoing, however.all property, rights and interests whichare expressly excluded in the attachedExhibit A, and all lawful liens and set-offs of the respective institutions in theUnited States with whom the aforesaidaccounts are maintained,is property within the United States;

2. That the property described in sub-paragraph 1 hereof is owned or con-trolled by, payable or deliverable to, heldon behalf of or on account of, or owingto, or is evidence of ownership or con-trol by persons, names unknown, who,if individuals, there is reasonable cause


NOTICES

to believe are residents of a designatedenemy country and which, if partner-ships, associations, corporations, orother organizations, there is reasonablecause to'believe are organized under thelaws of a designated enemy country oron or since the effective date of Execu-tive Order 8389, as amefided, have hadtheir principal places of business in adesignated enemy country-

3. That the persons referred to insubparagraph 2 hereof are nationals ofa designated enemy country'and it is hereby determined:

4. That to the extent that the personsreferred to in subparagraph 2 hereof arenot within a designated enemy cotin-try, the national interest of tle UnitedStates requires that such persons betreated as nationals of a designated en-emy country.

All determinations and all action re-quired by law, including appropriate con-

sultation and certification, having beenmade and taken, and, it being deemednecessary in the national interest,

There is hereby vested in the Attor-ney General of the United States theproperty described above, to be held,used, administered, liquidated, sold orotherwise dealt with in the interest ofand for the benefit of the United States.

The terms "national" and "designatedenemy country" as used herein shallhave the meanings prescribed in section10 of Executive Order 9193, as amended,and the term "designated enemy coun-try" has reference to Germany-or Japan.



[SEAL] 'MOLD I. BAYNTON,Asszstant Attorney General,

Director. Office of Alien Property.

ExmBrr A

[Accounts maintained In the name of Credit Suisse, Berne, Switzerland]'

Column I Column II Column I

Name and address of Insti- Designation of account Property, rights and interests In the account astution which maintains of Oct. 2,1950,excludedfrom this vestingorder'account

L The National City Bank Current accofint as described by The sum If $16,405.70, which, according to licenseof Now York, 55 Wall TheNational ity Bank of New application-No. NY 865039, dated May 4, 1950,St., Now York 5, N. Y. York in its report on Form filed by Brown Bros., Harriman & Co., on be-

OAP-700, bearing its serial No. half of lrs. Ingeburg Passiglia-Barth, is claimed0094 by Union Investment Corp., Inc., a ana-

manan corporation.2. Brown Bros., Harriman& Credit Suisse, Berne, general rul- The sum of $14,472.90, which, according to license

Co., 59 Wall St., New- lag No. 6 account, as described application No. NY 865039, dated May 4, 1950,York 6, N. Y. by Brown Bros., Harriman & filed by Brown Bros., Harriman & Co., on be-

Co., in its report on Form OAP- half of Mrs. Ingeburg Passagil-Barth, is700, heanng its serial No. 29. * claimed by Union Investment Corp., Inc., a

Panamaman corporation.

I Also excluded from this vesting order are (a) any accumulations or accruals to, changes in form of, or substitutionsfor, oiy such property, rights and intertes, since Oct. 2,1950, and (b) any and all rights in, to and under any securities(including without limitation bonds, coupons, mortgage participation certificates shares of stock, scrip and war-rants),sind any and all declarea and unpaid dividends on any shares of stock, listed L Column III or excluded under(a) ofth;sfia; ;t].

[F. R. De. 51-5990; Filed, May 23, 1951; 8:51 a. m.]

[Vesting Order 17803]

SWiss BANx CORP.

In re: Accounts maintained in thename of Swiss Bank Corporation, or So-ciete de-Banque Suisse, Lausanne, Swit-zerland, and owned by persons whosenames are unknown. F-63-2748 (Lau-sanne)

Under the authority of the TradingWith the Enemy Act, as amended, Exec-utive Orders 9193, as amended, 9788and 9989, and pursuant to law, afterinvestigation, it is hereby found:

1. That the property described asfollows: All property, rights and inter-ests in the accounts identified in ExhibitA set forth below and by reference madea part hereof, together with

(a) Any other property, rights andinterests which represent accumulationsor accruals to, changes in form of, orsubstitutions for, any of the property,rights and interests m said identified ac-counts on October 2, 1950, and winchare now held in other accounts beingmaintained as blocked or otherwise sub-ject to the restrictions of ExecutiveOrder 8389, as amended, or regulations,rulings, orders or instructions issuedthereunder, and

(b) Any and all rights in, to and un-der any securities (including, withoutlimitation, bonds, coupons, mortgageparticipation certificates, shares of stock,scrip and warrants) and any and alldeclared and unpaid dividends on anyshares of stock in any of said accounts,excepting from the foregoing, however,all lawful liens and setoffs of the respec-tive institutions in the United States withwhom the aforesaid accounts are main-tamed,is property within the United States;

2. That the property described in sub-paragraph 1 hereof is owned or con-trolled by, payable or deliverable to; heldonr behalf of or on account of, or owingto, or is evidence of ownership or controlby persons, names unknown, who, if in-dividuals, there is reasonable cause tobelieve are residents of a designatedenemy country and which, if partner-ships, associations, corporations, or otherorganizations, there is reasonable causeto believe are organized under the lawsof a designated enemy country or on orsince the effective date of ExecutiveOrder 8389, as amended, have had theirprincipal places of business in a desig-nated enemy country;,

S. That the persons referred to In sub-paragraph 2 hereof are nationals of adesignated enemy country;and it is hereby determined:

4. That'to the extent that the personsreferred to in subparagraph 2 hereofare not within a designated enemy coun-try, the national interest of the UnitedStates requires that such persons betreated as nationals of a designatedenemy country.

All determinations and all action re-quired by law, including appropriateconsultation and certification, havingbeen made and taken, and, it beingdeemed necessary In the national In-terest,

There is hereby vested In the AttorneyGeneral of the United States the prop-erty descabed above, to be held, used,administered, liquidated, sold or other-wise dealt with in the interest of and forthe benefit of the United States.

The terms "national" and "designatedenemy country" as used 'herein shallhave the meanings prescribed in section10 of Executive Order 9193, as amended,and the term "designated enemy coun-try" has reference to Germany or Japan.

EAcuted at Washington, D. C., onMay 4, 1951.

For the Attorney General.[SEAL] HIAROLD I. BAYNTON,

Asststant Attorney General,Director Offlce o1 Alien Property.

ExIBIT A

[Accounts maintained In the name of Swiss Bank Cor.orationor Societe do Banque Suisse, Lausanne,w adzerlad

Column I Column 1U

Name and address of in-stitutlon which main- Designation of accounttains account

Brown Bros. Harriman (a) Societodolanuisse,& Co 59 Wan St., Lausanne, ordinary ao-Now York 6, N.Y. count blockedaccountand

(b) ocloto do BanqueSuisse, Lausanne, generalruling No. 0 account; asdescribed by Brown Bros,Harriman & Co., in its so-port on Form OAP-700,bearing Its Serial No. 74i(c) Societe do Banqueulsse, Lausanne, blocked

account as described byBrown bros. Harriman &,Co.in Its report on ForlOAP-700, bearing Its SerialNo. 75.

iF. P. Doc. 51-6039; Filed, May 24, 1051;8:48 a. mn.]

[Vesting Order 17807]

CREDIT COMMERCIAL DE FRAUCE, S. A,In re: Accounts maintained in the

name of Credit Commercial de France,S. A., Paris, France, and owned by per-sons whose names are unknown. F-27-3781.

Under the authority of the TradingWith the Enemy Act, as amended, Ex-ecutive Orders 9193, as amended, 9788and 9989, and pursuant to law, after In-vestigation, it is hereby found:

1. That the property described asfollows: All property, rights and inter-ests in the accounts identified In Ex-

4956


hibit A attached hereto and by referencemade a part hereof, together with

(a) Any other property, rights andinterests which represent accumulationsor accruals to, changes in form of, orsubstitutions for, any of the property,rights and interests in said identified ac-counts on October 2, 1950, and which arenow held in other accounts being main-tamed as blocked or otherwise subjectto the restrictions of Executive Order8389, as amended, or regulations, rulings,orders or instructions issued thereunder,and

(b) Any and all rights in, to and un-der any securities (including, withoutlimitation, bonds, coupons, mortgageparticipation certificates, shares ofstock, scrip and warrants) and any andall declared and unpaid dividends onany shares of' stock in any of saidaccounts,excepting from the foregoing, however,all lawful liens and setoffs of the respec-tive institutions in the United Stateswith whom the aforesaid accounts aremaintained,is property within the United States;

2. That the property described in sub-paragraph 1 hereof is owned or con-trolled by, payable or deliverable to, heldon behalf of or on account of, or owingto, or is evidence of ownersip or con-trol by persons, names unknown, who, ifindividuals, there is reasonable cause tobelieve are residents of a designatedenemy country and which, if partner-ships, associations, corporations, or otherorganizations, there is reasonable causeto believe are organized under the lawsof a designated enemy country or on orsince the effective date of ExecutiveOrder 8389, as amended, have had theirprincipal places of business in a desig-nated enemy country*

3. That the persons referred to in sub-paragraph 2 hereof are nationals of -adesignated enemy country-

and it is hereby determined:4. That to the extent that the per-

sons referred to in subparagraph 2 here-of are not within a designated enemycountry, the national interest of theUnited States requires that such personsbe treated as nationals of a designatedenemy country.

All determinations and all action re-quired bylaw, including appropriate con-sultation and certification, having beenmade and taken, and, it being deemednecessary in the national interest,

There is hereby vested in the AttorneyGeneral of the United States the prop-erty described above, to be held, used, ad-ministered, liquidated, sold or otherwisedealt with in the-interest of and for thebenefit of the United States.

The terms "national" and "designatedenemy country" as used herein shallhave the meanings prescribed in section10 of Executive Order 9193, as amended,and the term "designated enemy coun-try" has reference to Germany or Japan.


For the Attorney General[SEAL] HAOLD I BAYNTON,

Assistant Attorney General,Director Office of Alien Property.

FEDERAL REGISTER 4957flxmflr A

[Amceunts malntalrd In la n- of Crelit Cc m zcal d,- Frianc,. S. A., Par, France]

Column I C-ma i

Name and adrecs of lnrltuticn a:Xa=caofccuntwhich maintains account

L The Chas National Bankoftbo (G) i11tcin5,Crlt Cotn dal d France, S. A.,Patil France, cand (b) Un-CityofNewYork, IS Pine St., CIMM~d D~z!t, Crxdit CmIEncdal (12 France, S. A., Par , France; asNew York, N. Y. drtd b y 'Tte Ch:_- Nz tf _--21fB k o I tt City of Nc-.7 York in Wt rep rt

i n Ferm OAP-NO, t-ir, lR rcrWfa No. 61.2. Domlnick & Domlnlck. 14 Wall (a) Credit Cum dl France.Pad, a dxcrltrCdby Dsmil &Domialck

St., New York ,, N. Y. In It3 rcrrt en Fen OA-700, t-uia Its aal No. 13, Cb) Credit Co=-St., ~ ~ ~ xzra Now Fr~,N.Y _d ano* ParL. ani (c) Fos. 5.1n- Akl.om Cenitral1 & Hnd-ca Bay

Ry. tirat L-rtiVa!e; a3dctarld by Damalck & Dominfnk in it's reret oCnFcerm 0AP-WO, t ar tZ Its veal No. 14.

IF. R. Da. 51-091; Filed, May 23. 1951; 8:51 a. m.1

[Return Order 9CO1

BERTHoLD WEisrcm rr AL.

Having considered the claims set forthbelow and having issued a Determinationallowing the claims, which is Incorpo-rated by reference herein and filed here-with,

It ts ordered, That the claimed prop-erty, described below and In the Dter-mination, be returned, subject to anyincrease or decrease resulting from theadministration thereof prior to return,and after adequate provision for taxesand conservatory expenses:

Claimant, Claim No., and Propertyi

Berthold Weisbecier. New York, T. Y.,Claim No. 42212; Mira. Ro:e Stern, BroWyn,N. Y., Claim No. 42213; Barnard Rabn, NewYork, N. Y.. Claim No. 4230; Sydney Main,Queens, N. Y., Claim No. 42531; Lna Elebe,Strasbourg, France. Claim No. 41442: HcrlwigGottlieb, Brooklyn, N. Y., Claim No. 42204;Mrs. Toni Sauerbach, New Yor. N1. X., ClaimNo. 42206; Ernest Nuasbaum, New York. N. Y.,Claims Nos. 11338 and 42205; Max Nusabaum,Rio de Janeiro, Brazil, Claim 11o. 11340; Mar-tin W. Miller. New York, N. Y., Claim No.42560; Ida Jacob, Brooklyn. N. Y., Claim No.422D7; Mrs. Julia N. Schiff. Lcs Angele. Calif..Claim No. 41441; Bruno Nu-'baum. Broolyn,N. Y., Claims Nos. 42210 and 11339; ClaraHecht, Brooklyn. N. Y.. Claim No. 42208;Berthold Gottlieb, Brooklyn, N. Y.. Claim No.42209; Ella Strauss. New York. N1. Y., ClaimNo. 42211, Mr. Henny Laufer, Brooklyn, II. Y.,Claim No. 42532.

A 1/28th share of the all right, title, in-terest; and claim of any kind or characterwhatsoever of Fanny Loewenstein in and tothe estate of Ernest Spitz, deceased, to eachof the following: Berthold Welbbecker, ToniSauerbach, Ida Jacob, Clara Hecht, IllaStrauss. Rose Stern.

A 2/84th share of the all right, title, in-terest, and claim of any kind or characterwhatsoever of Fanny Loewenstein in and tothe estate of Ernest Spitz, deceased, to Mar-tin W. Miller.

A 1/21st share of the all right, title in-terest and claim of any kind or characterwhatsoever of Fanny Loewenstein In and tothe EstQte of Ernest Spitz, decensed, to eachof the following: Hedwig Gottlieb, ErnestNussbaum. Max Nussbaum, Bruno Nu---baum. Berthold Gottieb, Henny Laufr.

A 1/Tth share of the all right, title, in-terest and claim of any klnd or characterwhatsoever of Fanny Loewenstein in and tothe estate of Ernest Spitz. deceased, to eachof the following: Lena Mlebe, Julia N. Schiff.

A 1/14th share of the all right, title, in-terest and claim of any kind or characterwhatsoever of Fanny Lewenstein In and tothe estate of Ernest Spitz. deccasL, to eachof the following: Bernard Hahn, SydneyHahn-

A 1/4ta share of the all right, title, in-tcrest and claim of any kind or characterwhatcaver of Emma Grunebtaum n and tothe e-tate of Ernmet Spitz, deceasd, to eachof the following: Ella Strauss, Barthold Wets-be ecr.

A 2/12tha hare of the al1Tight, title, in-terea. and claim of any kind or characterwha oaver of Emma Grunebaum In and tothe estate of Ernr-t Spitz. deceased, to Mr-tin W. Miller.

A 1/3d share of the all right, titlenterest,and claim of any kind or character whatz -.ever of Fritz Nusabaum. Hugo Lusabaum, RinNu=baum, and Bala Numahaum, and each ofthem. in and to the estate of Ernest Spitz,deeased, to each of tha following: ErnestNussbaum, Max Nusabaum, Bruno Nuz3-baum.

02,245.119 in the Treasury of the UnitedStates to each of the following: Tema Hiebe,Juae I. Seiff.

M1.375 in the Treasury of the UnitedState3 to each of the following: BertholdWeisbecker. Toni Sauerbach. Ida Jacob. ClaraHecht. Ella Strauzz, Roze Stern.

C37425 In the Treasury of the UnitedStates to Musrtin W. Iller.

1.122.'l5 in the Trea-ury of the UnitedStates to each of the following: BernardMahn, Sydney Mahn.

0748.0 in the Trea'ury of the United Statesto each of the following: Hedwig Gottlieb.Ernmt Nusabaum. Max Nusslaum. BrunoNumbaum. Barthold Gottlleb, Henny Laufer.

02,934.00 in the Treasury of the UnitedStates to each of the following: EmesZ u.s-baum. Ma Nusabaum. Bruno Nuzsbaurn.

0785.925 In the Treasury of the UnitedStates to each of the following: Ela Strauss,Earthold Welsbecker.

C5J23.95 in the Treasury of the United Statesto Martin W. Miller.

Notice of intention to return published:April 4. 1951 (18 P.R. 2952).

Appropriate documents and paperseffectuating this order will issue.

Executed at Washington, D. C., onM.ay 18, 1951.

For the Attorney General.[s,%L] IinoRL I. B.YNTo:r,

Assistant Attorney General,Director Office of Alien Pro-erty.

IF. R. Doc. 51-6046: Filed, May 24, 1051;8:49 a. m.]

[Vz;tng Order 17509]

A. B. Sv=msNA HA.DEzLsE.u.EE

In re: Accounts maintained m thename of A. B. Svenska Handeisbanken,

Stockholm, Sweden, and owned by per-sons whoze names are unknown. F-62-501 (Stockholm)

NOTICES

Under the authority of the TradingWith the Enemy Act, as amended, Exec-utive Orders 9193, as amended, 9788 and9989, and pursuant to law, after investi-gation, it is hereby found:

1. That the property described asfollows: All property, rights, and inter-ests in the accounts identified in ExhibitA set forth below and by reference madea part hereof, together with

(a) Any other property, rights andinterests which represent accumulationsor accruals to, changes in form of, orsubstitutions for, any of the property,rights and interests in said identifiedaccounts on October 2, 1950, and whichare now held In other accounts beingmaintained as blocked or otherwise sub-ject to the restrictions of Executive Or-der 8389, as amended, or regulations,rulings, orders or instructions issuedthereunder, and

(b) Any and all rights in, to andunder any securities (including, withoutlimitation, bonds, coupons, mortgageparticipation certificates, shares ofstock, scrip and warrants) and any andall declared and unpaid dividends on anyshares of stock in any of said accounts,excepting -from the foregoing, however,all lawful liens and set-offs of the respec-tive institutions in the United Stateswith whom the aforesaid accounts aremaintained,is property within the United States;

2. That the property described in sub-paragraph 1 hereof is owned or con-trolled by, payable or deliverable to, heldon behalf of or on account of, or owingto, or is evidence of ownership or con-trol by persons, names unknown, who, ifindividuals, there is reasonable cause tobelieve are residents of a designated en-emy country and which, If partnerships,associations, corporations, or other or-ganizations, there is reasonable causeto believe are organized under the lawsof a designated enemy country or onor since the effective date of ExecutiveOrder 8389, as amended, have had theirprincipal places of business in a desig-nated enemy country-

3. That the persons referred to in sub-paragraph 2 hereof are nationals of a,designated enemy country-and it Is hereby determined:

4. That to the extent that the personsreferred to in subparagraph 2 hereof arenot within a designated enemy country,the national interest of the United States7requires that such persons be-treated asnationals of a designated enemy country.

All determinations and all action re-quired by law, including appropriateconsultation and certification, havingbeen made and taken, and, it beingdeemed necessary in the national in-terest,

There is hereby vested in the AttorneyGeneral of the United States the prop-erty described above, to be held, used,administered, liquidated, sold or other-wise dealt with in the interest of andfor the benefit of.the United States.

The terms "national" and "designatedenemy country" as used herein shallhave the meanings prescribed in section10 of Executive Order 9193, as amended,and the term "designated enemy

country" has reference to Germany orJapan.

Executed at Washington, D. C., on May4, 1951.

For the Attorney General.[SEAL] HAROLDI. BAYNTON,

AsststantAttorney General,Director, Office of Alien Property.

ExrusT A[Accounts maintained in the name of A. B. Svenska

Handelsbanken, Stockholm, Sweden]

Column I Column II

Name and addres of In-stitution which main- Designation of accounttams account

Bank of the Manhattan A. B. Svenska Handelsban-Co., 40 Wall St., New ken special depot "U" gen-York, N.Y. eral ruling #6 a/c, as de-

scribed by the Bank of theManhattan Co. In Its re-

ort n Form OAP-700,I g its Serial No. 092.

[F. R. Doc. 61-6041; Filed, May 24, 1951;8:48 a. m.]

[Return- Order 965]

Louis MARIE ANqToINE GARCIN

Having considered the claim set forthbelow and having issued a determinationallowing the claim, which is incorporatedby Yeference hereto and filed herewith,

It is ordered, That the claimed prop-erty, described below and in the determi-nation, including all royalties -accruedthereunder and all damages and profitsrecoverable for past infringementthereof, be returned after adequate pro-vision for taxes and conservatoryexpenses:Claimant, Claim No., Notice of Intention To

Return Published, and Property

Louis Marie Antoine Garcin, Paris, France;Claim No. 41908; February 17, 1951 (16 F. R.1702); property described in Vesting OrderNo. 666 (8 F. R. 5047, April 17, 1943) relatingto United States Letters Patent No. 2,244,615.This return shall not be deemed to-includethe rights of any licensees under the abovepatent.

Appropriate documents and paperseffectuating this order will issue.



[SEAL] HAROLD I. BAYNTON,Assistant Attorney General,

Director Office o1 Alien Property.[F. R. Doc. 51-6048; Filed, May 24, 1951;

8:50 a. in.]

[Return Order 961]

SOciETE AmE. "''AToImc"Having considered the claim set forth

below and having issued a determinationallowing the claim, which is incorporatedby reference herein and filed herewith,

It is ordered, That the claimed prop-erty, described below, and in the deter-mination, including all royalties accruedthereunder and all damages and profitsrecoverable for past Infringement there..

of, be returned after adequate provisionfor taxes and conservatory expenses:Claimant, Claim No., Notice of Intention To

Return Published, and PropertySociete Ame. "L'Atomic", Paris, France:

Claim No. 26797; April 3, 1951 (16 P. n.2903). property described in Vesting OrderNo. 293 (7 F. R. 9836, November 26, 1042)relating to United States Patent Applica-tion Serial No. 147,610 (now United StatesLetters Patent No. 2,361,758), All Interestsand rights (including all royalties and othermonies payable or held with respect to suchinterests and rights and all damnges forbreach -of the agreement hereinafter de-scribed, together with the tight to sue there-for) created in Societe Anonyme L'Atomlo byvitue of an agreement dated April 23, 1041(including all modifications thereof andamendments thereto, If any) by and betweenSociete Anonyme-L'Atomic and ImperialChemical Industries, Ltd., which relates,among other things, to patent number2,276,761, issued March 17, 1942, inventorW. Carey, for Apparatus for the Classilfca.tion of Material, to the extent owned bySociete Anonyme L'Atomic immediately priorto the vesting thereof by Vesting Order No.1633 (8 P. R. 12361, September 7, 1043), aamended (9 F. R. 8269, July 21, 1944). Thisreturn shall not be deemed to include therights of any licensees under the above pat-ent application, patent or contract.

Appropriate documents and papers ef-fectuating this order will Issue.


For the Attorney General.[SEAL] HAROLD I. BAYNTON,

Assistant Attorney General,Director Office of Alien Property,


[Return Order 966]

PAUL ROSENDAMU,

Having considered the claim set forthbelow and having Issued a determinationallowing the cltim, which is Incorporatedby reference herein and Dled herewith,

It is ordered, That the claimed prop-erty, described below and In the deter-mination, be returned, subject to anyincrease or decrease resulting from theadministration thereof prior to return,and after adequate provision for taxesand conservatory expenses:Claimant, Claim No., Notice of Intention To

Return Published, and Property

Paul ERosenbaum, Vienna, IV, Austria;Claim No. 39915; March 6, 1061 (10 F. n1.2117); $2,481.56 in the Treasury of the UnitedStates. All right, title, interest and'claim ofany kind or character whatsoever of PaulRosenbaum In and to the trust. estate createdunder Article 11 of the Last Will and Tosta-ment of Emil Fuchs, deceased; GuarantyTrust Company'of Noew York, Trustee.

Appropriate documents and paperseffectuating this order will Issue.

Executed at Washington, D. C., onMay .18, 1951.

For the Attorney General.[SEAL] HAROLD I. BAYNTON,

Assistant Attorney General,Director Office of Alien Property.


4958

Federal Register: 16 Fed. Reg. 4915 (May 25, 1951). - Loc

Documents

Transcript of Federal Register: 16 Fed. Reg. 4915 (May 25, 1951). - Loc