Ederal Register

^ S ' 0 NAL> V ^ »v . EDERAL REGISTER

VOLUME 8 1 9 3 4 '¿ r NUMBER 9 < ^AfiTEO ^

Washington, Thursday, January li, 1943

Regulations livery to the Army, Navy, Marine Corps, CONTENTS Coast Guard, War Shipping Administra­ REGULATIONS AND NOTICES tion, or to or for the account of the gov­ Bituminous Coal Division: Pa8e TITLE 7—AGRICULTURE ernment of any country, pursuant to the Act of March 11, 1941, entitled “An Act Shelby Coal Co., hearings (2 Chapter XI—Food Distribution to Promote the Defense of the United documents)______.— 551 Administration States” (Lend-Lease Act). Coast Guard: (8) “Director” means Director of Food Casualty and voyage records, [Food Distribution Order 6] Distribution, United States Department correction------_------550 Part 1405—F ruits and Vegetables of Agriculture, or any employee of the Federal Communications Commis­ United States Department of Agriculture sion: CITRUS FRUIT REQUIRED TO BE SET ASIDE designated by such Director. Rate increases by common car­ Pursuant to authority vested in me by (b) Restrictions on delivery of citrus riers_*______550 Executive Order No. 9280, issued Decem­ fruit by handlers. (1) Without regard Food Distribution Administration : ber 5, 1942, and in order to assure an to existing contracts, every handler in Chicory, packaged; restriction adequate supply of citrus fruit juice and the producing area or such portions on sale and delivery (FDO other citrus fruit products to meet war thereof as the Director may designate, 5 )______512 requirements; It is hereby ordered, As shall, during each shipping period, set Citrus fruit (FDO 6 )______511 follows: aside for the requirements of Govem- Internal Revenue Bureau; § 1405.2 Citrus fruit—(a) Definitions. ~ment agencies and processors a quantity Excess profits tax.------513 For the purposes of this order: equal to such percentage as the Director Income tax; commodity credit (1) “Citrus fruit” means , oranges, may from time to time order of each type loans______— 513 lemons, grapefruit, and limes, but does and variety of citrus fruit shipped by Office of Defense Transportation: not include tangerines or any of the fore­ such handler during such period or the War necessity certificates: shipping period immediately preceding Commercial motor vehicles going unfit for human consumption or (ODT21, Am. 4 )______551 for processing into juice. such period. The quantities of citrus fruit set aside during each period shall Special trailers; partial ex- (2) “Handler” means any person who ehiption (ODT 21-4)____ 551 first prepares citrus fruit for marketing be retained by each handler for such in fresh form, but does not include any length of time for each type and variety Office of Price Administration: person engaged solely in harvesting or as the Director may order. Such set Adjustments, etc.: producing citrus fruit. aside fruit shall be retained and stored Carbic Color and Chemical (3) “Processor” means any person in under conditions customarily observed Co., Inc______•_ 550 the business of extracting juice from in the storage of citrus fruit. Chrysler Corp______553 citrus fruit for processing and packing (2) Citrus fruit set aside pursuant to Coca Cola Bottling Co______551 for shipment as juice, concentrated or this order may be sold or delivered at Fruit Belt Motor Service, Inc_ ' 550 unconcentrated, for human consump­ any time to any Government agency or Lilly, Eli, and Co______548 tion. to any processor or may at any time be Monsanto Chemical Co_____ 542 Neptune Manufacturing Co_ 550 (4) “Producing area” means the States processed by the handler into citrus fruit of California, Arizona, Texas, and Flor­ juice, subject to all orders restricting and Smith, C. K., and Co______552 ida. regulating the production of such juice. Virginia Apple Storage, Inc_ 549 (5) “Shipping period” means one cal­ (3) If no Government agency has con­ Vulcan Corp______550 endar week unless the Director shall tracted for or declared its intention to Weinstein, J., and Sons, Inc__ 552 otherwise specify by order. contract for any portion *of citrus fruit Williams Furniture Co______552 (6) “Ship” means to deliver for trans­ set aside and if no processor has con­ Bicycles (Rev. Ration Order 7, portation by any common, contract, pri­ tracted for any portion thereof prior to Am. 7 )______534 vate, or other carrier by rail, truck, or the expiration of the time specified by Building materials, etc. (MPR other means, and includes the placing the Director for the holding of such fruit, 188, Am. 4 )____ ,______537 of citrus fruit in any conveyance for such fruit shall be releàsed from the re­ Burley tobacco, Type 31 (MPR transportation, but does not include de­ strictions of this order. Quantities set 283, Am. 1)______533 livery for transportation directly from aside may also be released at any time Citrus fruits, sales by packers, groves to the place where fruit is first by notice to that êffect from the etc. (MPR 292, Am. 1)____ 543 prepared for market, delivery for trans­ Director. Coffee and coffee compounds portation to processors, or delivery to (c) Restriction on processors. No (Supp. Reg. 14, Am. 85)----- 537 charitable uses. processor shall sell or deliver into fresh Farm equipment (MPR 246, Am. (7) “Government agency” means any fruit channels any citrus fruit which at 3 )______544 agency of the United States purchasing any time was set aside under this order Food products; sales at retail citrus fruit for processing into concen­ by any handler. (MPR 238, Am. 8 )______532 trated or unconcentrated juice for de­ (Continued on next page) (Continued on next page) 511 512 FEDERAL REGISTER, Thursday, January 14y 1943 CONTENTS—Continued [Food Distribution Order 5] War Production Board—Con. Page P art 1490—Miscellaneous Food FEDERAL^REGISTER Suspension order: P roducts Rhodes Bakery Equipment RESTRICTING THE SALE AND DELIVERY OF vvmno* Co______515 PACKAGED CHICORY Textile and paper shipping bags (M-221)______523 Pursuant to Executive Order No. 9280, Published daily, except Sundays, Mondays, issued December 5, 1942, and in order to and days following legal holidays by the assure an adeqate supply and efficient Division of the Federal Register, The National distribution of chicory; It is hereby or­ Archives, pursuant to the authority con­ (d) Records and reports.] Every han­ dered, As follows: tained in the Federal Register Act, approved dler and every other person to whom July 26, 1935 (49 Stat. 500), under regula­ this order applies shall maintain such § 1490.1 Sales and delivery of pack­ tions prescribed by the Administrative Com­ records for such periods of time, and aged chicory restricted—(a) Definitions. mittee, approved by the President. shall execute and file such reports and For the purposes of this order: The Administrative Committee consists of submit such information as the Director (1) “Processor” shall include any per­ the Archivist or Acting Archivist, an officer may from time to time request or direct, son, firm or corporation engaged in the of the Department of Justice designated by and .within such times and upon such business of processing or packaging the Attorney General, and the Public Printer forms as he may prescribe. chicory. or Acting Public Printer. (2) “Packaged chicory” shall mean The daily issue of the F ederal R egister (e) Audits and inspections. Every will be furnished by mail to subscribers, free handler and every other person to whom chicory in consumer size packages in­ of postage, for $1.25 per month or $12.50 per this order applies shall permit inspection tended for or suitable for retail distri­ year, payable in advance. The charge for of his stocks of citrus fruit, of his prem­ bution. single copies (minimum, 101) varies in pro­ ises used for the handling and storage of (3) “Chicory” shall mean roasted portion to the size of the issue. Remit citrus fruit, and of his books, records and chicory whether granulated or in rolls money order for subscription or single copies accounts by the Director. or in compressed tablets or in any other payable to the Superintendent of Documents form. directly to the Government Printing Office, (f) Petition for relief from hardship. Washington, D. C. Any person affected by this order who (4) “Director” shall mean and include There are no restrictions on the republica­ considers that compliance * herewith the Director of Food Distribution, tion of material appearing in the F ederal would work an exceptional and unrea­ United States Department of Agricul­ R egister. sonable hardship on him may apply in ture, or any employee of the United Telephone information: District 0525. writing for relief to the Director, setting States Department of Agriculture desig­ forth, in his petition, all pertinent facts nated by such Director. and the reasons why the relief requested (b) Restriction on sales of packaged CONTENTS—Continued should be granted. The Director may, chicory. No processor shall sell, during upon the basis of such petition and any the calendar year beginning January 1, Office of P rice Administration— other information, take such action as 1943, packaged chicory in a quantity Continued. Page he deems appropriate, and such decision which bears a higher ratio to his total Fuel oil (Ration Order 11, Am. by the Director shall be final. sales of chicory during such period than 24)______i.______535 (g) Violations. Any person who wil­ the ratio which his total sales of pack­ Hogs and wholesale pork cuts, fully violates any provision of this order aged chicory during the calendar year dressed (MPR 148, Am. 1)_ 544 or, in connection with this order, wilfully 1941 bore to his total sales of chicory Honey, extracted: conceals a material fact or furnishes during said calendar year. No proces­ (MPR 275, Am. 1)__■■______542 false information to any department or sor shall, during any three month period (MPR 275, Am. 2)______542 agency of the United States is guilty of a beginning January 1, 1943, deliver more Machines and parts and ma­ crime and, upon conviction, may be than one-fourth of his 1943 ' permissible chinery services (MPR 136, punished by fine or imprisonment. In sales of packaged chicory. Am. 66)______. 534 addition, any such person may be pro­ (c) Records and reports. All proc­ Puerto Rico; gasoline (Ration hibited from making or obtaining further essors affected by this order shall main­ Order 5B, Am. 12)______534 deliveries of or from processing or using tain such records for such periods of Puerto Rico; sales of rice, pork, material under priority control and may time, and shall execute and file such re­ etc. (MPR 183, -Am. 16, be deprived of priorities assistance. ports and submit such information as Corr.)------542 (h) Communications. All reports re­ the Director may from time to time re­ Rent regulations; procedure for quired to be filed hereunder and all com­ quest or direct, and within such times ’adjustments, amendments, munications concerning this order shall, as he may, prescribe. etc. (Rev. Procedural Reg. unless otherwise directed, be addressed (d) Audits and inspections. Every 3)_____tssi______526 to the United States Department of Ag­ processor shall permit inspection during Rubber footwear, men’s (Ration riculture, Food Distribution Administra­ reasonable business hours of his books, Order 6, Am. 8) l______548 tion, Washington, D. C., Ref: FD 6. records, and accounts by the Director. Tissue paper products (MPR (i) Delegation of authority. Thé Di­ (e) Appeals. Any processor affected 266, Am. 2) ...... 531 rector is hereby designated and author­ by this order who considers that com­ S ecurities and Exchange Commis­ ized to administer the provisions hereof pliance herewith would work an excep­ sio n : and to issue all orders necessary to the tional and undue hardship on him may Hearings, etc.: effectuation of the purposes and provi­ appeal in writing to the Director, setting Republic Service Corp_____ 553 sions of this*-order. The Director shall forth all pertinent facts in justification Standard Power and Light have final authority for the purposes of of such appeal, together with a state­ Corp. and Standard Gas this order to determine whether any ment of the nature of the relief requested. and Electric Co______553 particular lot of oranges, grapefruit, lem­ The Director may, upon the basis of such W ar P roduction B oard: ons, or limes is fit for human consump­ appeal and other information, take such Cans (M-81)______516 tion or for processing into juice. action as he deems appropriate. Collapsible tubes (M-115)_ 521 (j) Effective date. This order shall (f) Violations. Any person who wil­ Hardware simplification (L-236, be effective on January 13, 1943. fully violates any provision of this order Schedule 1, Am. 1)___ 526 or, in connection with this order, wil­ Priorities system; special sales (Authority: E.O. 9680, 7 F.R. 10179.) fully conceals a material fact or fur­ of idle or excess materials Issued this 12th day of January 1943. nishes false information to any depart­ (Priorities Reg. 13, Int. 1)_ 516 ment or agency of the United States Processors of metal scrap (P- [seal] Claude R. Wickard, is guilty of a crime and, upon conviction, 136)______524 Secretary of Agriculture. may be punished by fine or imprison­ Stop construction orders (6 [F. R. Doc. 43-602; Filed, January 12, 1943; ment. In addition, any person who, in documents)______554-556 3:47 p. m.] the judgment of the Director, is found FEDERAL REGISTER, Thursday, January 14, 1943 513 (B) The treatment of such item in the to have violated any of the terms or (Sec. 154 (b) of the Revenue Act of 1942 prior taxable year or years consistently with provisions of this order may be prohib­ (Pub. Law 753, 77th Cong.), and sec. 3791 -the determination under this subchapter ited from making or obtaining further of the-Internal Revenue Code (53 Stat. would effect an increase or decrease in the deliveries of chicory, or from processing 467; 26 U.S.C., 1940 ed., 3791)) amount of the income taxes previously deter­ or using material under priority control [seal] Guy T. Helvering, mined for such taxable year or years, and and may be deprived of priorities assist­ Commissioner of Internal Revenue. (C) On the date of such determination of ance. Approved: January 12, 1943. the tax under this subchapter correction of (g) Communications. All reports the effect of the inconsistent treament in any J ohn L. Sullivan, one or more of the prior taxable years is pre­ that may be required to be filed here­ Acting Secretary of the Treasury. vented (except for the provisions of section under and all communications in con­ 3801) by the operation of any law or rule of nection herewith shall, unless otherwise [F. R. Doc. 43-621; Filed, January 13, 1943; law (other than section 3761, relating to directed, be addressed to the United 10:29 a. m.] compromises), t States Department of Agriculture, Food then the correction shall be made by an ad­ Distribution Administration, Washing­ [T.D. 5212] justment under this section. If in a subse­ ton, D. C. Ref.: FD 5* quent determination of the tax under this (h) Effective date. This order "shall P art 30—Regulations U nder the Excess subchapter for such taxable year such incon­ be effective on January 13, 1943. P rofits Tax Act of 1940 sistent treatment is not adopted, then the correction shall not be made in connection (Authority: E.O. 9280, 7 F.R. 10179.) excess profits tax with such subsequent determination. Issued this 12th day of January 1943. Regulations 109 amended to conform (2) Such adjustment shall be made only if there is adopted in the determination a posi­ [seal] Claude R. Wickard, to section 227 of the Revenue Act of 1942 (Public Law 753, 77th Congress). tion maintained by the Commissioner (in Secretary of Agriculture. case the net effect of the adjustment would Regulations 109 [Part 30, Title 26, be a decrease in the income taxes previously [F. R. Doc. 43-601; Filed, January 12, 1943; Code of Federal Regulations, 1941 Sup.] determined for such year or years) or by the 3:47 p. m.] are amended as follows: taxpayer with respect to whom the determi­ P aragraph 1. There is inserted imme­ nation is made (in case the net effect of the diately preceding § 30.734-1 the follow­ adjustment would be an increase in the in­ ing: come taxes previously determined for such year or years) which position is inconsistent TITLE 26—INTERNAL REVENUE Sec. 227. Am endm ents to section 734. with the treatment accorded such item in (Revenue Act of 1942, Title II.) the prior taxable year or years which was not Chapter I—Bureau of Internal Revenue (a) In General. Section 734 is amended correct under the law applicable to such year. to read as follows: Subchapter A—Income and Excess-Profits Taxes (3) Burden of proof. In any proceeding Sec. 734. Adjustm ent in case of position before the Board or any court the burden of [TJD. 5213] INCONSISTENT WITH PRIOR INCOME TAX LIA­ proof in establishing that an inconsistent BILITY. position has been taken (A) shall be upon Part 20—Miscellaneous R egulations (a) Definitions. For the purposes of this the Commissioner, in case the net effect of the Under the R evenue Act op 1939 section: adjustment would be an increase in the in­ (1) Taxpayer. The term “taxpayer” means come taxes previously determined for the INCOME TAX any person subject to a tax under the appli­ prior taxable year or years, or (B) shall be Treasury Decision 4918 amended to cable revenue Act. upon the taxpayer, in case the net effect (2) Income tax. The term “income tax” of the adjustment would be a decrease in conform to section 154 (b) of the Reve­ means an income tax imposed by Chapter 1 nue Act of 1942, relating to commodity the income taxes previously determined for or Chapter 2A of this title; Title I and Title the prior taxable year or years. credit loans. ta of the Revenue Acts of 1938, 1936, and In order to conform Treasury Deci­ 1934; Title I of the Revenue Acts of 1932 and (c) Method.I and effect of adjustment. sion 4918, approved October 7,1939, [Part 1928; Title II of the Revenue Acts of 1926 (1) The adjustment authorized by subsec­ and 1924; Title II of the Revenue Acts of tion (b), in the amoufit ascertained as pro­ 20, Title 26, Code of Federal Regulations, vided in subsection (d), if a net increase shall 1939 Sup.] to section 154 (b) of the Reve­ 1921 and 1918; Title I of the Revenue Act of 1917; Title I of the Revenue Act of 1916; be added to, and if a net decrease shall be nue Act of 1942 (Public Law 753, Seventy- or section II of the Act of October 3, 1913; subtracted from, the tax otherwise computed seventh Congress), approved October 21, a war profits or excess profits tax imposed under this subchapter for the taxable year 1942, such Treasury Decision is amended by Title III of the Revenue Acts of 1921 and with respect to which such inconsistent posi­ as follows: 1918; or Title n of the Revenue Act of 1917; tion is adopted. (2) If more than one adjustment under Paragraph 1. Section 20c.0 is amended or an income, war profits, or excess profits by inserting immediately after section tax imposed by any of the foregoing pro­ this section is made because more than one visions, as amended or supplemented. inconsistent position is adopted with respect 223 of the Revenue Act of 1939 set forth (3) Prior taxable year. A taxable year be­ to one taxable year under this subchapter, therein the following: ginning after December 31, 1939, shall not the separate adjustments, each an amount Sec. 154. Commodity credit loans. (Rev­ be considered a prior taxable year. ascertained as provided in subsection (d), enue Act of 1942, Title I.) (4) The term “predecessor of the taxpayer” shall be aggregated, and the aggregate net ***** means: Increase or decrease shall be added to or sub­ tracted from the tax otherwise computed (b) Taxable years subject to prior laws. (A) A person which is a component cor­ poration of the taxpayer within the meaning under this subchapter for the taxable year Section 223 (d) of the Revenue Act of 1939 with respect to which such inconsistent po­ is amended by striking out “within one year of section 740; and (B) A person which on April 1, 1941, or sitions are adopted. from the date of the enactment of this Act” (3) If all the adjustments under this sec­ and inserting in lieu thereof “at or prior at any time thereafter, controlled the tax­ payer. The term “controlled” as herein used tion, made on account of the adoption of an to the time prescribed for the filing of the inconsistent position or positions with respect taxpayer’s return for the taxable year of the shall have the same meaning as “control” under section 112 (h), and to one taxable year under this subchapter, taxpayer beginning in 1942, or if there is result in an aggregate net increase, the tax more than one taxable year of the.taxpayer (C) Any person in an unbroken series end­ ing with the taxpayer if subparagraph (A) imposed by this subchapter shall in no case beginning in 1942, for the last taxable year b i less than the amount of such aggregate net so beginning”. or (B) would apply to the relationship be­ tween the parties. increase. Par. 2. Section 20c.2 [20.52] is amended (b) Circumstances of adjustment. (4) If all the adjustments under this sec­ by striking out “June 29, 1940”, and in­ (1) If: tion, made on account of the adoption of (A) In determining at any time the tax of an inconsistent position or positions with serting in lieu thereof “at or prior to the a taxpayer under this subchapter an item respect to a taxable year under this sub- time prescribed for the filing of the tax­ affecting the determination of the excess chapter (hereinafter in this paragraph called payer’s return for the taxable year of the profits credit is treated in a manner incon­ the current taxable-year), result in an aggre­ taxpayer beginning in 1942, or if there is sistent with the treatment accorded such gate net decrease, and the amount of such more than one taxable year of the tax­ item in the determination of the income-tax decrease exceeds the tax imposed by this sub- payer beginning in 1942, for the last tax­ liability of such taxpayer or a predecessor for chapter (without regard to the provisions of able year so beginning”. a prior taxable year or years, and this section) for the current taxable year, 514 FEDERAL REGISTER, Thursday, January 14, 1943

such excess shall be subtracted from the tax Decision 5112, approved January 26, set-off, etc. which may be applied by the imposed by this subchapter for each suc­ 1942, is further amended by striking out courts in appropriate cases. ceeding taxable year, but the amount of the subparagraph (2) and inserting in lieu excess to be so subtracted shall be reduced Par. 3. Section 30.734-2, as added by by the reduction in tax for intervening tax­ thereof the following: * * * * * Treasury Decision 5045 and amended by able years which has resulted from the sub­ •Treasury Decision 5112, is further traction of such excess from the tax imposed (2) The term “predecessor of the tax­amended by inserting at the end thereof for each such year. the following paragraph: (d) Ascertainment of amount of adjust­ payer” shall have the meaning assigned ment. In computing the amount of an ad­ to such term by section 734 (a) (4). It * * * * * justment under this section there shall first is specifically provided that the term The rule relative to the burden of be ascertained the amount of the income “controlled” as used in such definition proof to establish, in any board or court taxes previously determined for each of the shall have the same meaning as “con­ proceeding, that an inconsistent position prior taxable years for which correction is trol” under the definition contained in prevented. The amount of each such tax has been taken, is prescribed in section section 112 (h). Accordingly, a person 734 (b) (3). If the net effect of the previously determined for each such taxable is a predecessor of the taxpayer if, on year shall be (1) the tax shown by the tax­ adjustment by reason of the alleged in­ payer, or by the predecessor, upon the re­ April 1, 1941, or at any time thereafter, consistency would be an increase in the turn for such prior taxable year, increased by such person owned stock possessing at income taxes previously determined for the amounts previously assessed (or collected least 80 percent of the total combined the prior taxable year or ygars, the without assessment) as deficiencies, and de- voting power of all classes of stock en­ burden of proof is upon the Commis­ ' creased by the amounts previously abated, titled to vote and at least 80 percent of sioner. If the net effect of such adjust­ credited, refunded, or otherwise repaid in re­ the total number of shares of all other ment would be a decrease in the income spect of such tax; or (2) if no amount was classes of stock of the taxpayer. For taxes previously determined for the prior shown as the tax by such taxpayer or such the purpose of section 734 it is imma­ predecessor upon the return, or if no return taxable year or years, the burden of was made by such taxpayer or such prede­ terial that such control did not exist proof upon the taxpayer. Inasmuch cessor, then the amounts previously assessed during the taxable year in respect of as the adjustment under section 734 is (or collected without assessment) as defi­ which the incorrect treatment of the a factor in the determination of the ex­ ciencies, but such amounts previously as­ item or transaction occurred, or during cess profits tax liability, the provisions sessed, or collected without assessment, shall the taxable year in respect of which the relative to the burden of proof in a Board be decreased by the amounts previously/ inconsistent position is adopted in the or court proceeding do not relieve the abated, credited, refunded, or otherwise re­ determination of the excess profits credit taxpayer from responsibility for a full paid in respect of such tax. There shall then of the taxpayer. be ascertained the increase or decrease in disclosure of the facts necessary to the each such tax previously determined for each Any person which is a component cor­ correct determination of the tax liability. such year which results solely from the treat­ poration of the taxpayer under the defi­ ment of the item consistently with the nition contained in section 740 is a Par. 4. Section 30.734-3, as added by treatment accorded such item in the de­ predecessor of the taxpayer within the Treasury Decision 5045, is amended by termination of the tax liability under this meaning of section 734. Such person inserting immediately preceding the last subchapter. To the increase or decrease so may be a corporation, partnership or a paragraph thereof the following: ascertained for each such tax for each such sole proprietor. Any such component ***** year there shall be added interest thereon corporation is a predecessor of the tax­ If the authorized adjustments with re­ computed as if the increase or decrease con­ stituted a deficiency or an overpayment, as payer irrespective of the method em­ spect to one excess profits tax taxable the case may be, for such prior taxable year. ployed in computing the excess profits year result in an aggregate net decrease Such interest shall be computed to the credit of the taxpayer. i and the amount of such decrease exceeds fifteenth day of the third month1 following Under the terms of the definition, any the excess profits tax (computed without the close of the excess profits tax taxable year person which is a predecessor of a prede­ regard to the provisions of section 734) with respect to which the determination is cessor in an unbroken series ending with for such year, the excess may be carried made. There shall be ascertained the differ­ the taxpayer is a predecessor of the tax­ over and subtracted from the excess ence between the aggregate of such increases, payer within the meaning of section 734. profits tax in each succeeding taxable plus the interest attributable to each, and the aggregate of such decreases, plus the in­ The limitation of the term “predeces­ year until such excess is exhausted. If terest attributable to each, and the net in­ sor of the taxpayer” to certain cases, excesses result from adjustments with crease or decrease so ascertained shall be the and the resulting exclusion of other respect to two or more excess profits tax amount of the adjustment under this sec­ cases, should not be construed to affect taxable years, such excesses shall be car­ tion with respect to the inconsistent treat­ the established judicial doctrines com­ ried over in the order of their occurrence. ment of such item. monly known as estoppel, recoupment, Example. (e) Interest in case of net increase or de­ crease : (1) If an adjustment under this section 1942 1943 1944 1945 1946 1947 results in a net decrease, or more than one adjustment results in an aggregate 1aet de­ Tax (computed without regard to provisions of sec­ crease, the portion of such net decrease or tion 734)______$10,000 $20,000 $15,000 $7,000 $3,000 $8,000 aggregate net decrease, as the case may be, (40,000) (20,000) subtracted from the tax which represents interest shall be included in gross income Excess...... ($30,000) (5,000) of the taxable year in which falls the date prescribed for the payment of the tax under this subchapter. (1) The $30,000 excess from 1942 will striking out the example and inserting in (2) If an adjustment under this section be subtracted from the tax of $20,000 lieu thereof the following: results in a net increase, or more than one for 1943; the remaining $10,000 will not ***** adjustment results in an aggregate net in­ be subtracted from any 1944 tax since Example. In December 1934, the X Corpo­ crease, the portion of such net increase or such tax has been absorbed by the $20,- ration in pursuance of a plan of reorganiza­ aggregate net increase, as the case may* be, tion transferred all of its assets except cash which represents interest shall be allowed 000 net decrease for that year; such re­ to the Y Corporation in exchange for all of as a deduction in computing net income maining $10,000 will, however, be sub­ the stock of the Y Corporation, such stock for the taxable year in which falls the date tracted from the $7,000 tax for 1945, and having a fair market value of $300,000. The prescribed for the payment of the tax under the $3,000 tax for 1946. assets transferred, consisting of real estate this subchapter. (2) The full $5,000 excess from 1944 and securities, had an adjusted basis in the (b) Taxable years to which applicable. will be subtracted from the tax of $8,000 hands of the X Corporation of $400,000. The amendments made by subsection (a) for 1947 since the excess from 1942 has Among such assets was a building, which was shall apply with respect to taxable years been exhausted in 1946 and the tax for acquired by the X Corporation in 1924, and beginning after December 31, 1939. which had an adjusted basis in the hands of 1946 has been reduced to zero. the X Corporation of $100,000 and an esti­ P ar. 2. Section 30.734-1 (b), as added * * * * * mated remaining life of 20 years. The build­ by Treasury Decision -5045, approved Par. 5. Section 30.734-4, as added by ing had a fair market value of $80,000 at the May 3, 1941, and amended by Treasury Treasury Decision 5045, is amended by time of the transfer. Both corporations make FEDERAL REGISTER, Thursday, January 14, 1943 515 their returns on the calendar year basis. of such years, plus the interest on each such until the portion of the net decrease The exchange was treated as taxable and decrease, is assumed to be as follows: which represents tax has been exhausted. the loss of $100,000 realized by the X Corpo­ ration was recognized. For each of the years Example. For the calendar year 1942, Cor­ 1935 to 1941, inclusive, the T Corporation Year Tax Interest Total poration X had an excess profits tax liability was allowed a deduction for depreciation in of $9,000 (computed without regard to sec­ the amount of $4,000 computed on the cost 1935...... $137. 60 $57.75 $195.25 tion 734) and an authorized adjustment 1936...... !...... 220.00 79.20 299.20 under section 734 resulting in a net decrease basis of $80,000. In its excess profits tax 1937...... 220.00 66.00 286.00 return for the calendar year 1942, the T Cor­ 1938...... 190.00 45.60 235.60 of $12,000 of which $8,000 represents tax and poration claimed that the assets acquired $4,000 represents interest. In giving effect from the X Corporation should have a basis to the adjustment, $9,000 will be subtracted of $400,000 for invested capital purposes, in­ The amount of the adjustment to be from the tax for 1942 and the balance will be cluding a basis of $100,000 for the building, added to the excess profits tax of the Y Cor­ carried over to succeeding taxable years. and claimed a deduction of $5,000 for de­ poration otherwise determined for the tax­ Since $8,000 of the net decrease represents preciation on the building for such year. This able year 1942 is as follows: tax, only $1,000 of the amount subtracted in position was based upon the contention that 1942 represents interest and hence $1,000 will Increase for 1934______- $2, 442.00 be included as Interest in the taxpayer’s gross the 1934 exchange was a nontaxable reor­ Less: Decrease for 1935- $195. 25 ganization, resulting from the acquisition Decrease for 1936- 299.20 Income for 1943. The entire amount of the by Y Corporation in exchange solely for Its $3,000 to be carried over and subtracted from Decrease for 1937- 286. (Jo the tax for a succeeding taxable .year repre­ voting stock of substantially all of the prop­ Decrease for 1938- 235. 60 1,016.05 erties of X Corporation; and that the basis sents interest since the portion of the net decrease which represents tax is exhausted in in the hands of the Y Corporation of the Net increase (amount of adjust­ assets acquired upon the exchange was the ment authorized)------1,425.95 1942. same as the adjusted basis in the hands of (Sec. 62 of the Internal Revenue Code the transferor. 'Timely claims for refund Par. 6. There is inserted immediately based upon the allowance of additional de­ after § 30.734-4 the following: (53 Stat. 32; 26 U.S.C., Sup. V, 62) and ductions for depreciation for the taxable sec. 227 of the Revenue Act of 1942 (Pub­ years 1939, 1940 and 1941 were filed. The § 30.734-5 Interest. The portion pf lic Law 753, 77th Congress)) statute of limitations prevents any refund an adjustment under section 734 which [seal] Guy T. Helvering, of overpayments or assessment of deficien­ represents interest is characterized as Commissioner of Internal Revenue. cies for the taxable years 1934 to 1938, inclu­ interest for certain tax purposes and is sive. The Commissioner’s determination of includible in gross income, or allowable Approved: January 12,1943. the excess profits tax liability for the cal­ endar year 1942 adopts the inconsistent posi­ as a deduction in computing net income, J ohn L. Sullivan, tion asserted by the Y Corporation and, ac­ as the case may be, for the taxable year Acting Secretary of the Treasury. in which falls the date prescribed for cordingly, if the computation under section [F. R. Doc. 43-620; Filed, January 13, 1943; 734 (d) discloses a net increase in the taxes the payment of the excess profits tax 10:29 a. m.] previously determined for the taxable years for the taxable year to which the adjust­ for which correction is prevented, an adjust­ ment or, in the case of an adjustment ment is authorized under the provisions of involving a carry-over, the portion of section 734. such adjustment is applied, regardless The X Corporation was not subject to the TITLE 32—NATIONAL DEFENSE . income tax imposed by Title IA of the Rev­ of the method of accounting employed enue Act of 1934. Its tax previously deter­ by the taxpayer. The date prescribed for Chapter IX—War Production Board mined for the taxable year 1934 is $4,125.00 payment of the tax is, in-the case of a Subchapter B—Director General for Operations computed upon an income of $30,000. The domestic corporation, the 15th day of corporation omitted from its gross income an the third month following the close of P art 1010—Suspension Orders item of rental income amounting to $3,000 the taxable year and, in the case of a [Amendment 1 to Suspension Order S-175] and neglected to take a deduction for inter­ foreign corporation not having an office est amounting to $1,500. During the taxable or place of business in the United States, RHODES BAKERY EQUIPMENT CO. year it realized a gain of $10,000 from the sale of a capital asset. the 15th day of the sixth month follow­ Paragraph (a) of § 1010.175, Suspen­ The increase in the tax of the X Corpora­ ing the close of the taxable year, except sion Order S-175, issued December 10, tion previously determined for 1934, plus the that, in the case of a taxable year ending 1942, is hereby amended to read as fol­ 'interest thereon, is computed as follows before December 31, 1940, the date pre­ lows: Tax previously determined for 1934_$4,125 scribed for payment of the tax of either (a) Deliveries of material to H. C. a domestic or a -foreign corporation is Rhodes Bakery Equipment Company, its Net income for 1934 upon which tax March 15,1941. successors and assigns, shall not be previously determined was based^ 30,000 Under the rule prescribed, if the ad­ accorded priority over deliveries under Plus: Capital loss previously allowed justments in respect of an excess profits any other contract or order and no (limited to capital gain plus tax taxable year result in a net increase, $2,000) ______12,000 preference ratings shall be assigned or or an aggregate net increase, the portion applied to such deliveries to H. C. Net income______,______42, 000 of such increase which represents in­ Rhodes Bakery Equipment Company by terest shall be allowed as a deduction means of preference rating certificates, Tax as recomputed______5,775 in computing net income for the succeed­ preference rating orders, general prefer­ Tax previously determined______4,125 ing taxable year. Thus, under the facts set forth in the example contained in ence orders, or any other orders or regu­ Increase in tax previously deter­ lations of the Director of Industry Op­ § 30.734-4, the portion of the net increase erations or the Director General for mined ______;______1, 650 which represents interest is $543.45 (in­ Interest on increase in tax______792 Operations, except as specifically au­ terest on increases, $792.00, minus inter­ thorized by the Regional Compliance Total increase for 1934______'_____ 2,442 est on decreases, $248.55), and such in­ Chief, San Francisco Regional Office, terest is allowable as a deduction in com­ In accordance with the provisions of sec­ puting net income for the calendar year War Production Board. tion 734 (d), the recomputation does not take into consideration the item of $3,000, 1943. (P.D. Reg. 1, as amended, 6 F.R. 6680; representing rental income which was omitted If the adjustments in respect of an W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, from gross income, or the Item of $1,500, rep­ excess profits tax taxable year result in 7 F.R. 329; E.O. 9040, 7 F.R. 527; E.O. resenting interest paid, for which no deduc­ a net decrease, or an aggregate net de­ 9125, 7 FJt. 2719; sec. 2 (a), Pub. Law tion was allowed. crease, the interest contained in that 671, 76th Cong., as amended by Pub. The Y Corporation was not subject to the portion of such decrease which is sub­ Laws 89 and 507, 77th Cong.) income tax imposed by Title IA of the Rev­ tracted from the tax for any taxable Issued this 12th day of January 1943. enue Acts of 1934, or 1936, or 1938. The de­ year shall be included in the gross in­ crease in the tax of the Y Corporation previ­ Ernest K anzler, ously determined for each of the taxable come for the succeeding taxable year. Director General for Operations. years 1935, 1936, 1937, and 1938, which results For such purpose, no portion of the solely from the allowance of an additional de­ amount subtracted in any taxable year [F. 1?. Doc. 43-603; Filed, January 12, 1943; duction of $1,000 for the depreciation in each shall be deemed to represent interest , 4:04 p. in.] 516 FEDERAL REGISTER, Thursday, January 14, 1943

P art 944—R egulations Applicable to the cludes “primes”, “seconds”, “waste- (3) No product packed in a can shall O peration of the P riorities S ystem waste”, and all other forms of terneplate be repacked for sale in a can or any [Interpretation 1 to Priorities Regulation 13 except waste. other container, by the same or a differ­ as Amended to Sept. 23, 1942] (4) “Blackplate” means any sheet steel ent person, in the same or a different The following official interpretation is 29 gauge or lighter, other than tinplate form, except to the extent specifically hereby issued with respect to § 944.34 of or terneplate. The term includes “re­ permitted in the schedule attached to Priorities Regulation No. 13, as amended jects” and all other forms of blackplate this order. to September 23, 1942: except waste. (4) No dried or frozen fruit or vege­ (5) “Waste” means scrap tinplate, table shall be packed in a can, except to Priorities Regulation No. 13 deals with spe­ terneplate, and blackplate, produced in the extent specifically permitted in the cial sales of idle or excess materials. Para­ the ordinary course of manufacturing schedules attached to this order. graph (c) (3) of the regulation provides cans. » that any person may, subject to paragraph '(d) Exceptions. (1) The restrictions (e) of the regulation, make a special sale (6) “Pack”, unless particularly speci­ imposed by this order shall not apply to of any war material to another person en­ fied, means the quantity, by area meas­ the purchase, acceptance of delivery, or gaged in the same business as the seller if urement, of tinplate, terneplate, and use of the following cans : an order or other action of the Director blackplate required for the manufacture (1) Cans for packing any product applicable generally to the persons engaged of all sized cans used by a person for which is not to be sold. in such "business expressly permits such a packing a particular product during the (ii) Fiber or paper bodied cans with sale. Several orders of the War Production base period specified. Board have been issued allowing special sales ends made of waste, for packing any food under this section. Among such orders are (b) Restrictions upon manufacture, product for human consumption, and L-97-a-l, dealing with railroad equipment, sale, and delivery of cans. (1) No per­ antiseptic or medicinal powders. P-46, dealing with utilities, P-98-c, dealing son shall sell or deliver any can except (iii) Cans for packinê any product not with petroleum operators, and L-49, dealing under a purchase order or contract vali­ listed in the schedules attached to this with beds, springs and mattresses. dated by a delivery to such person of a order, when such cans were completely These orders do not remove the material purchaser’s certificate, manually signed manufactured on or before December 9, which they affect from the operation of other by the purchaser or an authorized offi­ 1942, or when all the component parts provisions cf Priorities Regulation No. 13. cial of the purchaser, in substantially for such cans were cut to individual size Other special sales of material permitted by the form attached hereto as Exhibit A. Priorities Regulation No. ?.3 may be made or were partially assembled before said notwithstanding the issuance of orders re­ No person shall manufacture, sell, or de­ date: Provided, That this paragraph (d) ferring to paragraph (c) (3) of the regula­ liver any can which he knows or has (1) (iii) shall not apply when such cans tion. Likewise, any specific requirements of reason to believe will be used in violation can be used for any products otherwise inventory or other reports must be complied of any provision of this order. permitted by this order, and provided with, and any idle or excess materials remain (2) No person shall manufacture any that this paragraph (d) (1) (iii) shall subject to redistribution programs of the can smaller than 5 gallons, with ears, not apply to open-top sanitary cans. War Production Board. The issuance of the bails, or handles. orders referred to above merely provides an (iv) Cans for packing any product not additional channel within which idle and (c) Restrictions upon purchase, ac­ listed in the schedules attached to this excess stocks may be redistributed. ceptance of delivery, and use of cans. order, when such cans are to be delivered (1) No person .shall, during the calen­ pursuant to a letter of intent approved (P.D. Reg. 1, as amended, 6 F.R. 6680; dar year 1943 (or the seasonal year 1942- by, or a purchase order or contract ne­ W.P.B. Reg. 1, 7 P.R. 561; E.O. 9024, 7 1943, when specified), purchase, accept gotiated for or with the Army, Navy, F.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, delivery of, or use for packing a product Marine Corps, Maritime Commission, or 7 F.R. 2719; sec. 2 (a) Pub. Law 671, 76th any can except to the extent permitted War Shipping Administration of the Cong., as amended by Pub. Laws 89 and in Schedules I, H, and III, attached to United States. 507, 77th Cong.) this order: Provided, however, That a (2) Notwithstanding the restrictions Issued this 13th day of January 1943. jobber or retail store may obtain and sell pertaining to the size of cans or the ma­ cans in conformity with the provisions terials from which cans may be manu­ E rnest K anzler, of this order. Director General for Operations. factured, but subject to quota restric­ (2) The schedules attached to this or­ tions imposed by this order, a person [P. R. Doc. 43-639; Piled, January 13, 1943; der list the only products permitted to be may use for packing any product listed 11:21 a. m.] packed in cans, packing quotas, sizes of in the schedules attached to this order, cans, and the kinds of plate permitted any cans which were completely manu­ for the manufacture of cans. factured on or before December 9, 1942, P art 1068—Cans The calendar year basis shall obtain or any cans for which all component [Conservation Order M-81, as Amended except for products for which a seasonal parts were lithographed, cut, or other­ Jan. 13, 1943] year is specified. A seasonal year for a wise prepared for assembly, on or before § 1068.1 Conservation Order M-81— particular product represents a twelve said date. (a) Definitions. (1) “Can” means any months’ period beginning in one calen­ (3) No certificate shall be required for unused container which is made in whole dar year and ending in the jiext. the sale or delivery of cans to any pur­ or in part of tinplate, terneplate, black- The sizes of the can specified fora par­ chaser who has already filed a certificate plate, or waste, and which is suitable for ticular product indicate the only sized with his seller under Conservation Order packing any product. The term includes cans which may be used for packing that M-81. any container closure or fitting made in product, except that such product may, (e) Miscellaneous provisions—(1) Ap­ whole or in part of tinplate, terneplate, subject to all other restrictions imposed plicability of priorities regulations. This blackplate, or waste, but does not in­ by this order, be packed in cans larger order and all transactions affected clude a closure or fitting to be used on or than the largest size specified therefor. thereby are subject to all applicable pro­ as a part of a glass container. The When tinplate is specified for the visions of the priorities regulations of term does not include fluid milk ship­ manufacture of cans for packing a par­ the War Production Board, as amended ping containers, as defined in Conserva­ ticular product, the coating indicated from time to time. tion Order M-200. represents the maximum weight of tin (2) A p p e a ls Any appeal from the (2) “Tinplate” means sheet steel coating per single base box. When provisions of this order shall be made by coated with tin, and includes “primes”, SCMT is specified, Special Coated Man­ filing a letter in triplicate, referring to “seconds”, “waste-waste”, and all other ufacturers’ Terneplate is referred to. the particular provision appealed from forms of tinplate except waste. When blackplate is specified, the specifi­ and stating fully the grounds of appeal. (3) “Terneplate” means sheet steel cation includes chemically treated black­ (3) Communications. All reports re­ coated with a lead-tin alloy, and in­ plate (CTB). quired to be filed hereunder and all com- FEDERAL REGISTER, Thursday, January 14y 1943 517 munications concerning this order shall, SCHEDULE I—FOOD CANS unless otherwise directed, be addressed N o t e : Items 30 and 37 amended January 13,1943. to: Containers Division, War Produc­ U) Packing quotas specified in this Schedule I indicate total packs of the respective products listed,J ot all pur­ tion Board, Washington, D. C. Ref.: poses including csds required by any order of the Director General for Operations, to be set aside for purchase by a Government Agency. The designation “M-86” indicates that cans may be used for»packing only the quantity of M-81. product required to be set aside by Order M-86, as amended from time to time. (4) Violations. Any person who wil­ (2) All persons manufacturing cans shall, to the greatest extent available, use 0.60 tinplate wherever the single asterisk appears, and chemically treated blackplate wherever the double asterisk appears. All persons using cans fully violates any provision of this order, marked with the asterisk, are hereby required to accept from the manufacturer making delivery, to the greatest or who, in connection with this order, extent available up to 60 percent of the delivery, cans made as specified of 0.50 tinplate wherever the single asterisk wilfully conceals a material fact or fur­ appears; and cans made as specified of chemically treated blackplate wherever the double asterisk appears. nishes false information to any depart­ Can materials ment or agency of the United States is Product Packing quota Can sizes guilty of a crime, and upon conviction Ends may be punished by fine or imprison­ Body ment. In addition, any such person may FRUITS AND FRUIT PRODUCTS be prohibited from making or obtaining 1. Apples, including crabapples. Whole M-86 1ft______1.26 tin further delivery of, or from processing apples not to be packed. or using, material under priority con­ 2. Apple sauce, including sauce from crab- M-86______2-10______1.26 tin .... . 1.25 "tin. apples. trol and may be deprived of priorities 3. Apricots. Whole apricots not to be packed. M-86...... 2X4-10 1.25 tin. 4. Blackberries, blaek raspberries, boysen- 100% 1942____ 2-2H-W-...... 1.50 tin. assistance. berries, loganberries, and youngberries, (5) 1942 Calendar year pack. Until when packed as berries. Quota appli­ cable to each kind of berries respectively. December 31,1942, no person packing on 8: Blueberries or h u ck leb erries.....______M-86...... in a calendar year basis shall purchase, ac­ 6. Cherries, other than white...... 100% 1942...... 2-2X4-10 1.50 tin...... 1.50 tin. cept delivery of, or use any can for pack­ 7. Cherries, white______100% 1942...... 2-2)4-10 _ 1 26 tin 1.25 tin. 8. Fruit cocktail, consisting of any combina­ 214-10 1 26 tin 1.26 tin. ing any product except in accordance tion of fruits listed in this schedule I and grapes; provided that the combination, with Conservation O rder M-81, as by drained weight, shall consist of not amended June 27, 1942, (including less than 60 percent fruits listed in this Schedule I, and may consist of not to amendments thereto). exceed 10 percent grapes. Pineapple may be repacked from No. 10 or larger (P.D. Reg. 1, as amended, 6 F.R. 6680; cans, to the extent of 7 percent of the fruit cocktail. W.P.B. Reg. 1, 7 P.R. 561; E. O. 9024, 7 9. Figs______M-86 _____ 10______1.26 tin 1.25 tin. F.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, 10. Grapefruit, segments______M-86 2 ______1.25 tin. 11. Grapefruit juice______Unlimited 2-3 cyl-10 ___ 1.26 tin. 7 F.R. 2719; sec. 2 (a), Pub. Law 671, 12. Orange juice...... M-86 2-3 cyl-10...... 126 tin 1.25 tin. 76th Cong., as amended by Pub. Laws 13. Orange-^grapefruit juice blend, consisting M-86______2-3 cyl-10______1.26 tin ...... 1.25 tin. of at least 40 percent orange Juice. 89 and 507, 77th Cong.) 14. Peaches Tclingstone), halves, slices, or Unlimited . 2X4-10______1.96 tin cubes. Issued this 13th day of January 1943. 16. Peaches freestone), halves, slices, or cubes. Unlimited___ 2V$-10______1.26 tin Not to be packed in California rnest anzler E K , 16. Pears, halves, slices, or cubes______— Unlimited. 21/4-10 ...... 1 26 t,in 1.25 tin. Director General for Operations. 17. Pineapple, slices, chunks, crushed, or tid­ Unlimited___ 2-2)4-3 cyl-10...... 1.26 tin...... 1.25 tin. bits. Spears not to be packed. E x h ib it A , 18. Pineapple juice...... 2-3 cyl-10...... 1.25 tin. 19. Plum s, yellow or green______100% 1942...... 2X4-10 1 60 tin 1.50 tin. p u r c h a s e r ’s CERTIFICATE 20. Prunes, fresh Italian. Not to be packed in 60% 1942...... 2L4-10______1 60 tin 1.60 tin. California. One copy of this certificate is to be deliv­ 2L Olives, ripe. N ot to exceed 60 percent of 26% 1940-41... 2X4-11...... 1.26 tin. ered to each person from whom purchases permitted pack may be in cans smaller, are made of cans made in whole or in part than No. 10. (Quota applicable only to of tinplate, terneplate, blackplate, or waste. olives from 1942 crop.) Such certificate shall cover all purchases VEGETABLES AND VEGETABLE PRODUCTS present and future so long as Conservation 22. Asparagus, green, White asparagus not Unlimited 2-2X4-10 . . . 1 26 tin . Order M-81, in its present form or as it may to be packed.. be amended from time to time, remains in 23. Beans, green or wax...... Unlimited.. . 2-2U4-10 1.26 tin * effect. 24. Fresh shelled beans, including lima beans. 2-2W-10 ... 1.96 tin* 1.25 tin**. 25. Beets, whole beets not to be packed_____ M-86 ...... 2-2X4-10 ...... 1.25 tn*. The undersigned purchaser hereby certifies 26. Carrots, whole carrots not to be packed___ M-86 2-2j'4-10...... 1.25 tin ...... 1.25 tin*. to the seller herein and to the War Produc­ 27, Com, resh, sweet, cnt,,,...... 2-1Ö-2 vacuum (307 1.26 tin*____ 1.26 tin**. tion Board that he is familiar with Conserva­ x 306) for vacu­ tion Order M-81, as heretofore amended, and um pack. Unlim ited.___ 1.26 tin*. .. 1.25 tin**. that during the life of such order he will (307 x 306) for not use or sell any can purchased from vacuum pack. 29. Pum pkin and squash. . _____ .. M-86 ____ 2X4-10 1.26 tin ..... 1.25 tin*. (Name of Seller) 30. Soups: Seasonal: Limited to soups which shall Unlimited __ *1.26 tin _____ 1.26 tin*. contain not less than 7 percent, by (Address of Seller) weight, of dry solids from any one or pursuant to this or future purchase orders more of the following fresh unfrozen vegetables: asparagus, peas, spinach, or contracts, in violation of terms of such tomatoes. order. Non-seasonal: Limited to the following 76% of total 1.26 tin...... 1.26 tin*. Date__ i______i______kinds of soup which shall contain ^iot 1942 pack of (Legal name of Purchaser) less than the specified percentage, by s p e c i f i e d weight of dry solids from fresh, brined or non-seasonal B y...... frozen vegetables, meats, or other prod­ soups. (Authorized Official) ucts listed in Schedules I or II, pro­ vided that no person shall use for pack- - ing such soups, more than 36 percent by (Title of Official) weight, of the frozen vegetables which he used for this purpose during 1942. (Address of Purchaser) Chicken, chicken gumbo, chicken Section 35A of the U. S. Criminal Code noodle, gumbo creole, consomme, and bouillon—6 percent. (18 U. S. C. 80) makes it a criminal offense Clam or fish chowders—8 percent. to make a false statement or representation Scotch broth, vegetable, vegetable- to any department or agency of the United vegetarian, pepper pot, ox-tail, mock turtle, country style chicken, States as to any matter within its Jurisdic­ and corn chowder—10 percent. tion; i Beef and vegetable beef—12 percent. 518 FEDERAL REGISTER, Thursday, January 14, 1943

SCHEDULE I—FOOD CANS—Continued

Can materials Product Packing quota Body Ends

VEGETABLES AND'VEGETABLE PBODUCTS---- continued

31. Spinach, and other green leafy vegetables 80% 1942. 2)4-10. 1.25 tin. 1.25 tin*. limited to beet, coilard, dandelion, kale, mustard, poke, and turnip greens. 32. Tomatoes...... Unlimited____ 2-2)4-10_____ 1.25 tin. 1.25 tin. 33. Tomato paste, from fresh tomatoes, con­ Unlimited..... 2)4-10...... 1.25 tin. 1.25 tin*. taining not less than 25% (percent) by 5 gal. reusable. 1.25 tin. 1.25 tin. weight, dry tomato solids. 125% 1942 pack 6Z...... 1.25 tin. 1.25 tin*. of size 6Z. 84. Tom ato pulp or puree, from fresh tomatoes, Unlimited____ 2-2)4-10,— — 1.25 tin. 1.25 tin*. containing not less than 10.7 percent 6 gal. reusable. 1.25 tin. 1.25 tin. (specific gravity 1.045) or more than 25 125% 1942 pack 1 picnic_____ 1.25 tin. 1.25 tin*. percent by weight, dry tomato solids. of size 1 pic­ nic. 35. Tomato sauce, iron) fresh tomatoes, includ­ Unlimited___ 2-10...... 1.25 tin. 1.25 tin*. ing spaghetti sauce, containing not less 5 gal reusable. 1.25 fin. 1.25 tin. than 8.7 percent (specific gravity 1.037) 125% 1942 pack 8Z—1 picnic.. 1.25 tin. 1.25 tin*. by weight, dry tomato solids, and not of sizes 8Z less than 10.0 percent (specific gravity and 1 picnic. 1.042) by weight, total dry solids, salt free. In addition to salt, the contents m ay contain pepper, spice oils, and other flavoring ingredients. 36. Tomato catsup, from fresh tomatoes, not M-86. 2)4-3-cyl-10. 1.25 tin. 1.25 tin*. less than 25 percent, (specific gravity 1.11) by weight, total dry solids. 37. Tomato juice, which may contain not Unlimited_ 2-3 cyl-10. 1.25 tin. 1.25 tin*. more than 30 percent of other vegetable juices.

N o^e .—When required for packing other products, tomato paste, tomato pulp or puree, tomato sauce, and tomato juice may be re­ packed from reusable cans, 6 gal. or larger.' a

FISH AND SHELLFISH (Processed, and in hermetically sealed cans)

88. Clams, soft, hard, or razor______...... Unlimited. )4 flat (307 x 201.25) 1.25 tin*. 1.25 tin*. —1 picnic (211 x 400)—1 tall (301 x 411)—2 (307 x 4Q9)—10 (603 x 700). 89. Crabmeat______... Unlimited. )4 flat (307 x 1.25 tin*. 1.25 tin*. 201.25) 40. Fish flakes. Dried fish flakes not to be Unlimited. 300 (300 x 407)-2 1.25 tin*. 1.26 tin*. packed. (307 x 409) 41. Fish livers and fish liver oils...__. _____ Unlimited. 5 gal. reusable.™ 1.25 tin.. 1.25 tin. 42. Fish roe______Unlimited. 300 (300 x 407)...... 1.26 tin*. 1.26 tin*. 43. Herring, Atlantic Sea, by whatever name Unlimited. % Drawn (304 x known including sardines. 508 x 105)-% three piece (308 x 412 x 112)-3CO (300 x 407) M drawn (300.6 x 404 x 014.5) Packed in oil...... 1.25 tin*. 1.26 tin*. Packed in mustard or tomato sauce. 1.25 tin.. 1.25 tin. 44. Herring, Pacific...... Unlimited. 1 tall (301 x 411)__ 1.25 tin*. 1.25 tin*. 45. Herring, river (alewives)______Unlimited. 300 (300 x 407)-2 1.25 tin*. 1.26 tin*. (307 x 409). 46. Mackerel______Unlimited. 300 (300 x 407)...... 1.25 tin*. 1.25 fin*. 47. Menhaden..______... Unlimited. 300 (300 x 4 0 7 ).™ 1.25 tin*. 1.25 tin*. 48. Mullet...... Unlimited. 300 (300 x 407)...... 1.25 tin*. 1.25 tin*. 49. Mussels...... :______...... ___ .... Unlimited. 1 picnic (211 x 1.25 tin*. 1.25 tin*. 400)-2 (307 x 409)-10 (603 x 700) 60. Oysters. No. 1 picnic cans shall contain Unlimited. 1 picnic (211 x 400) 1.25 tin*. 1.25 tin*. not less than 7H ounces of oysters by Ita li (301x411)- cut-out drained weight; No. 2 cans 14 2 (307 x 409). ounces; and other permitted size cans shall contain a fill correspondingly pro­ portionate to the No. 1 picnic can.) 61. Pilchards, by whatever name known n- Unlimited. \ short (211 x cluding sardines. 300)-)4 oblong (308 x 508x103)- 300 (300 x 407)—1 oval (607 x 406 x 108). Packed in oil______1.25 tin*. 1.25 tin*. Packed in m ustard or tomato sauce. 1.25 tin.. 1.25 till. 62. Salmon______Unlimited. )4flat (307 x 200.25) 1.25 tin.. 1.25 tin*. (307 x 201.25)-1 flat (401 x 210.5) (401 x 211) 1 tall (301 x 411). 63. Shad...__.- ...... Unlimited. 300 (300 x 407)— . . 1.25 tin*. 1.25 tin*. 64. Shrimp__.... ______.... Unlimited. 1 picnic (211 x 400) 1.25 tin*. 1.25 tin*. 6 (502 x 610). 65. Squid______Unlimited. 300 (300 x 407)...... 1.25 tin*. 1.25 tin*. 56. Tuna, bonito, and yellowtall. Unlimited. Jituna (307x 113)— 1.25 tin*. 1.25 tin*. 1 tuna (401 x 205.5)-4 lb. tuna (603 x 408). , FEDERAL REGISTER, Thursday, January 14, 194S 519

SCHEDULE I—FOOD CANS—Continued

Can materials Product Packing quota Can sizes Body Ends

DAIRY PRODUCTS 67. Condensed Milk, as. defined by the Fed­ 100% 1942..... 1.25 tin ...... 1.26 tin. eral Security Administrator, Federal Register, July 2,1940, § 18.626, page 2444 and § 18.530, page 2445, as amended, Fed­ eral Register, August 8,1941, pages 3973 and 3974. 68. Evaporated milk, as defined by the Fed­ 10 ffiIbi ______1.26 tin_____ 1.25 tin. eral Security Administrator. Federal 90% 1942...... 1.26 tin_____ 1.25 tin. Register, July 2,1940, § 18.520, page 2444.

FISH AND SHELLFISH (For refrigerated shipment, fresh) 69. Oysters. U ntil Apr. 30,1943______C T B ...... CTB.

During 1943 a person’s pack of evaporated milk in 6 oz. cans shall not exceed 80% of his 1942 pack of 6 oz. cans. (2) Schedule II is amended to read as follows: SCHEDULE n — FOOD CANS Note: Schedule n amended in its entirety January 13, 1943. - (1) Packing quotas specified in this Schedule n indicate permitted packs of the respective products listed, for all purposes exoept for the Army, Navy, Marine Corps, Maritime Com­ mission, War Shipping Administration of the United States, or for any agency of the United States purchasing for a foreign country pursuant to the Act of March 11, 1941, entitled “An Act to Promote the Defense of the United States" (Lend Lease Act). While restrictions j* pertaining to can sizes and can materials are applicable to such cans, cans used for packing the respective products listed shall be in addition to the specified quotas, when delivered pursuant to a letter of intent approved by, or a contract or purchase order negotiated with or for, any of the foregoing agencies. The word “none” indicates that no cans shall be used for packing the applicable product except for the above-mentioned agencies. When deter­ mining a quota for packing a product listed in this Schedule n , cans packed during the base period (1942) for the above-mentioned agencies shall be excluded. (2) All persons manufacturing cans shall, to the greatest extent available, use 0.50 tin­ plate wherever the single asterisk appears; and chemically treated blackplate wherever the doublé asterisk appears. All persons using cans marked with the asterisk, are hereby re­ quired to accept from the manufacturer making delivery, to the greatest extent available up to 50 percent of the delivery, cans made as specified of 0.50 tinplate wherever the single asterisk appears; and cans made as specified of chemically treated blackplate wherever the double asterisk appears.

Can materials. Product Packing quota Can sizes Body Ends

MEATS AND MEAT PRODUCTS (Processed and in hermetically sealed cans) N one.______14 lb...... 1.25 tin*...... 1.25 tin**. 2. Beef, veal, mutton, and pork; corned, roast, or boiled, and containing not less than 85 percent meat, by cooked weight. Anv size.- . . 1.25 tin ...... 1.25 tin. Cans with only side seams sol­ 1.25 tin* .... 1.25 tin**. dered. 100% 1942...... 10% oz...... 1.25 tin*____ 1.25 tin**. 4. M eat products as follows: a. Chili con carne when packed with­ (i)...... 300(300 x 407). 1.25 tin*____ 1.25 tin*. out beans and containing not less than 60 percent meat, by uncooked weight, exclusive of added tallow. b. Meat loaf, containing not -less than 7 oz...... 1.26 tin*...... 1.25 tin**. 90 percent meat, by uncooked weight, and no added water. When packed as a chopped product, meat loaf may contain not more than 10 percent of the following ingredients: cereal, whole milk, eggs, and season- ing. . c. Meat spreads, including ham, 3 oz...... 1.26 tin*...... 1.25 tin**. tongue, liver, beef, and sandwich spreads. When packed as a spread, the chopped product shall contain ’'not less than 65 percent meat, by cooked weight, with added cereal or other products. When packed as deviled ham or deviled tongue, the product shall consist of chopped meat without added cereal or other products. ‘ 100% of total 1942 pack of meat products a, b, c, d, e, and g plus 75% of total 1942 pack of meat product f. No. 9----- 2 520 FEDERAL REGISTER, Thursday, January 14, 1943

SCHEDULE II—FOOD CANS—Continued

Can materials Product Packing quota Can sizes Body Ends

MEATS AND MEAT PRODUCTS—continued (Processed and in hermetically sealed cans) d. Sausage in casings, containing no cereal or similar substance, and not to exceed 10 percent added water, by weight, except pork sausage, which may be prepared with not to exceed 3 percent added water by weight: Vienna Sausage.'...... 4 oz._ 1.25 tin*. 1.25 tin**. Sausage in oil, lard or rendered No. 5. 1.25 tin* 1.25 tin**. pork fat. e. Bulk sausage meat, containing not 24 oz. 1.25 tin*. 1.25 tin**. to exceed 3)4 percent cereal, and not to exceed 3 percent added water, by weight. I. Chopped luncheon meats,"consist­ 12 oz. 1.25 tin* 1.25 tin* ing of chopped, seasoned meat with not to exceed 3 percent added water, by weight. g. Potted meat, consisting of chopped 3M oz 1.25 tin* 1.25 tin**. meat or by-products of meat, with­ out added cereal or similar substance, and labeled as a potted or deviled meat product. Tongue, whole 50% 1942. 6 oz. 1.25 tin*. 1.25 tin**. 6. Turkey, boned, and chicken, boned__ None...... l i b . 1.25 tin*. 1.25 tin**.

MISCELLANEOUS FOODS 7. Baby foods: <•» Consisting of food products of small 100% 1942. 202 B F (202 x 1.50 tin_____ 1.50 tin. particle size or in liquid or semi- 214). liquid form made from the following ingredients: fruits, vegetables, meats, poultry products, dairy products, sugar, salt,or seasoning, yeast or yeast derivatives. Dried prunes may be included and frozen fruits and vegetables may be used; pro­ vided th at no person shall use, for packing baby foods, more than 35 percent, by weight, of the frozen — fruits and vegetables which he used for this purpose during 1942. Pota­ toes and cereal products may be used only in combination with other per­ mitted products, and only provided the combined potato and cereal con­ tent does not exceed 12 percent, by weight, of the total product. Pine­ apple may be repacked from No. 10 or larger cans. Milk formulas and soybean milk liquid 100% 1942. 14)4 oz. 1.25 tin. 1.25 tin. Milk formulas, dry or powdered_____ 100% 1942. l i b . . . . 0.50 tin. CTB. - * No person shall pack any milk formu­ las unless he packed the product in substantially the same form in 1942. 8. Dehydrated vegetables...... no...... 0.50 tin. CTB. None. 15 gal...... — 0.50 tin. 0.50 tin. 9. Grape juice and grape pulp...... 100% 1042...... 5 gal.reusable. 1.50 tin.. 1.50 tin. 10. Citrus pulp and citrus peel...... 100% 1942...... 5 gal. reusable. 1.25 tin. 1.25 tin. 11. Honey...... 100% 1942 pack of size 60 lb. reusable. 1.25 tin. 1.25 tin. 601b. 12. Goat’s m ilk...... 100% 1942...... 14)4 oz___ 1.25 tin. 1.25 tin. 13. Milk, skimmed, dry or powdered____ None...... 50 lb ...... 0.50 tin.. 0.50 tin. 14. Milk, whole, dry or powdered______100% 1942...... 1 lb.-2)4 lb.-5 0.50 tin. 0.50 tin**. lb. 15. Special food products; limited to See product column. foods other than usual table foods. No person shall pack any special food product unless he packed the product in Substantially the same form in 1942, and unless he obtains prior permission upon application to the War Production Board. 16. Baking powder; Until June 30, 1943... That number of cans 6-oz. to 32-oz., Fiber. Blackplate. sufficient to pack inclusive. 50% of. poundage packed in 32-oz. or smaller cans during calendar year 1942. 5 2 1FEDERAL REGISTER,Thursday, January 14, 1943 521FEDERAL SCHEDULE III—NON-FOOD CANS or any combination thereof and includes (1) Packing quotas specified in this Schedule III indicate permitted packs of the respective products listed, for closures, crowns and caps for such tubes. all purposes except for the Army, Navy, Marine Corps, Maritime Commission, War Shipping Administration of (3) "Class I tube” means a tube used" the United States, or for any agency of the United States purchasing for a foreign country, pursuant to the Act of March 11, 1941, entitled “An Act to Promote the Defense of the United States” (Lend-Lease Act). While or intended to be used to pack any prod­ restrictions pertaining to can sizes and can materials are applicable to such cans, cans used for packing the respective uct listed on Table I annexed hereto products listed shall be in addition to the specified quotas, when delivered pursuant to a letter of intent approved by, or a contract or purchase order negotiated with or for, any of the foregoing agencies. The word “none” indicates within such limitations, including but that no cans shall be used for packing the applicable product except for the above-mentioned agencies. When not limited to tube size and end use, as determining a quota for packing a product listed in this Schedule III, cans packed during the base period (1942) for may. be specified with respect to any such the above-mentioned agencies shall be excluded. (2) Whenever blackplate is specified for making the body or ends of a can for packing a product listed in this product in said table. Schedule HI, Special Coated Manufacturers' Terneplate, may be substituted for making any part or fitting of the (4) “Class II tube” means a tube used can which is required to be soldered. (3) No compound containing crude rubber, latex, or synthetic rubber as defined in Order M-15-b, shall be used or intended to be used fo pack any prod­ in the manufacture of cans for packing any product listed in this Schedule III. uct listed on Table II, annexed hereto. (5) “Class III tube” means a tube used or intended to be used to pack any prod­ Can materials Packing uct listed on Table III, annexed hereto. Product quota.. Can sizes (6) “Non-essential tube” means »any Body Ends tube other than a tube described in sub- paragraphs 3, 4 and 5 above. 1. Abrasives, and grinding and buffing com­ 100% 1942____ Any size.. . . Blackplate... Blackplate. (7) “Tube user” means any person, pounds. Not to be packed dry. 2. Acid nitro-hydrochloric (outercontainer).. 100% 1942...... 1 lb...... Blackplate... Blackplate. whether or not he is also a tube manu­ 3. Bee feeder cans, friction top, for use in 100% 1942...... 2-214—3 ___ OTB. facturer, engaged in the business of shipping bees. 4, Benzol, naphtha, toluene, and xylene.. ... „ 100% 1942...... 1 gal ...... SCMT ...... Blackplate. packing or filling tubes with any product 5, Blond plasma. ’ ___.1. I ____ CTB. of any kind for sale to others. 100% 1942 2 lh.—lOlh Blackplate... Blackplate. 100% 1942____ 1 \b.-2ii lb...... SCMT Blackplate. (8) “Retailer” means a person other «, Calcium hypochlorite, Grade A ,., . 100% 1942 3% lb.-5 lb...... SCMT _____ Blackplate. than a distributor who sells or distributes 100% 1942 1 lb ...... SCM T — _ Blackplate. tubes to the ultimate purchaser. 10. Cements and dressings, limited to belting, 100% 1042 Blackplate... Blackplate. furnace, linoleum, pipe joint, and radi­ (9) “Distributor” means a person who ator. Not to be papked dry. sells or distributes tubes to retailers, in­ 100% 1942 . __ 1 q t.-l gal______Blackplate... Blackplate. 12. Chlorpicrin, Bromacetone, Monochloro- 100% 1942 1 lh ~ ______SCMT Blackplate. cluding, but not limited to, wholesalers, acetone, and acrolein. jobbers, tube users, and tube manufac­ 100% 1942 ... _ Any size______1.25 tin ...... 1.25 tin. 100% 1942 l i b ...... Blackplate__ Blackplate. turers when they are engaged in such 16. Eire extinguisher fluid, limited to chlori­ 100%. 1942 SCMT_____ SCMT. sale or distribution. nated hydrocarbon type. (10) “Ultimate purchaser” means a 100% 1942...... 1 qt.-l gal . __ Blackplate... Blackplate. 100% 1942____ 1 qt.-1 gal . SCMT_____ SCMT. person who acquires filled tubes for the 100%, 1942 .. 1 gal.-5_ga l _____ SCMT...... SCMT. satisfaction of personal needs (with or 100% 1942 ... 1 q t.-l g a l ...... Blackplate__ Blackplate. 100% 1942____ 10 lb.-25 lb______Blackplate... Blackplate. without paying any consideration there­ 21. Inks, printing, duplicating and litho- 50%"l942...... 8 oz.-12 oz., 1 lb.- Blackplate... Blackplate. for), as distinguished from one acquir­ graphing. Slip cover style cans of sizes 2 lb., 5 lb.-lO ing tubes for industrial or other business based upon cans which hold the indi- lb., 25 lb.-50 lb. cated weights of water. purposes or for further distribution. 50% 1942.____ Blackplate... Blackplate. 50% 1942____ 12 o z ...... ______Blackplate... Blackplate. (c) Restrictions upon the manufac•> 23. Toilet bowl cleaners. Until June 30,1943. 50%, 1942 Blackplate__ Blackplate. ture, sale and delivery of blanks and 100% 1942...... 6 lh ______1.50 tin ...... 1.50 tin. tubes and upon the use of tubes for pack­ 100% 1942...... 1 lb ______Blackplate... Blackplate. 26. Oils, essential, distilled or cold pressed___ 100% 1942...... 1 q t. _ ___ 0.50 tin_____ 0.50 tin. ing—(1) Non-essential tubes. No per­ 100% 1942...... 5 g a l.. . . . ______0.50 tin_____ 0.50 tin. son shall manufacture or sell, for non- 28. Paints, copper bottom or antifouling_____ 100% 1942...... 1 gal...... 1.25 tin.:------1.25 tin. essential tubes, blanks containing any 29. Paints: — Oil or oleoresinous, ready mixed, semi- U ntil February 15,1943, blackplate ends for 1 gal. fiber-bodied cans: tin (but not including tin present as an paste, including but hot limited to From January 1, 1943 to February 15, 1943, a person may use a impurity amounting to 0.5% or less); no white lead in oil and colors in oil. number of 1 gal. fiber bodied cans sufficient to pack 10 percent Pigmented lacquers. of the volume (gallonage) of the paints.listed in this Item 29, tube manufacturer shall manufacture or which he packed^in all sized cans during the calendar year of sell non-essential tubes containing any 1942. inn% iQ42_,. l i b ...... SCMT...... SCMT. tin (but not including tin present as an 3L Shoe’polish, leather dressing, and saddle 25% 1942...__ Any size...... Blackplate... Blackplate. impurity amounting to 0.5% or less); soap. U ntil M arch 31,1943. 100% 1942...... 3 lb ...... Blackplate... Blackplate. and no tube user shall use any tubes con­ 100% 1942...... 1 lb ...... SCMT...... Blackplate. taining any tin (but not including tin 100% 1942...... Blackplate... Blackplate. present as an impurity amounting to 35. Soldering pastes and boiler sealing com- 100% 1942...... Any size______Blackplate... Blackplate. pounds. \ 0.5% or less) to pack any product not 36. Dangerous chemicals, for shipment by 100% 1942____ Any size...... — ' B lackplate... Blackplate. listed on Tables I, II, or III. Express, when a metal can is required by Interstate Commerce Commission (2) Class I tubes. Notwithstanding the Regulations and no alternate package provisions of Conservation Order M- is permitted. 43-a, as amended, and until further or­ der by the Director General for Opera­ [F, R. Doc. 43-640; Filed, January 13, 1943; 11:20 a. m.] tions there shall be no restriction upon the percentage of tin which may be used in the manufacture of Class I tubes, nor Part 1147—Collapsible T ubes tions. This order and all transactions on the number of such tubes manufac­ tured or used for packing products listed [Conservation Order M-115 as Amended Jan. affected thereby are subject to all ap­ 13, 1943] plicable provisions of the priorities regu­ on Table I. lations of the War Production Board, as (3) Class II tubes. No person shall Section 1147.1 Conservation Order manufacture or sell for Class II tubes M-115 is hereby amended to read as amended from time to time. blanks containing more than 71/ss% of follows: (b) Definitions. For the purposes of tin by weight; no tube manufacturer The fulfillment of requirements for the this order: shall manufacture or sell Class II tubes defense of the United States has created (1) “Person” means any individual, containing more than 7%% of tin by a shortage in the supply of tin for de­ partnership, association, business trust, weight; and no tube user shall use any fense, for private account, and for ex­ corporation, governmental corporation tube containing more than 7&% of tin port; and the following order is deemed or agency, or any organized group of per­ by weight to pack any product listed on necessary and appropriate in the public sons, whether incorporated or not. Table IL interest and to promote the national de­ (2) “Tube” means—any collapsible (4) Class III tubes for period prior to, fense: container in the shape of a tube, includ­ April 1, 1943. Until April 1, 1943, no i 1147.1 Conservation Order M-115— ing but not limited to any such container person shall manufacture or sell for (a) Applicability of priorities regala- made in whole or in part of tin, lead, Class IH tubes blanks containing more 522 FEDERAL REGISTER, Thursday, January 14, 1943 than 5% of tin by weight; and no tube day of June, 1942, which are distributed tube exchange provision set forth in manufacturer shall manufacture or sell indiscriminately and without any con­ paragraph (d) (3) hereof; provided that Class III tubes containing- more than ditions) unless such purchaser delivers any such boxes are delivered or sent 5% of tin by weight; and no tube user to such retailer concurrently with his direct by the seller to a member of the shall use any tube containing more than purchase one Used metal tube of any kind Army or Navy of the United States or 5% of tin by weight to pack any product for each metal tube delivered to such of the United States Coast Guard. listed on Table III. purchaser. All such used tubes, together (6) Compliance with the used tube (5) Class III tubes after April 1, 1943. with any other used tubes held by re­ exchange provision set forth in para­ On and after April 1, 1943, no person tailers, shall be held by such retailers and graph (d) (3) hereof shall not be re­ shall manufacture or sell for Class III shall not be disposed of by them except quired in connection with the sale or tubes blanks containing more than 3% as follows: distribution of Class III or shaving prepa­ of tin by weight; and no tube manufac­ (i) To the Tin Salvage Institute, 411 ration tubes when made by the following turer shall manufacture or sell Class Wilson Avenue, Newark, New Jersey, as agencies or instrumentalities of the i n tubes containing more than 3% of agent for Metals Reserve Company; United States Government; namely, tin by weight; and no tube user shall use (ii) To any wholesaler of products army exchanges, ships stores, ships serv­ any tube containing more than 3% of packed in tubes, who is a duly authorized ice stores, and marine exchanges; if made tin by weight to pack any product listed representative of the Tin Salvage Insti­ under any of the following circum­ on Table HI. tute as agent for the Metals Reserve stances: (6) Quota for Table III products. No Company; or (1) Distributions or sales, made aboard tube user shall pack in tubes, during the (iii) To any other person who is such ship, in the Territory of Alaska, or out­ calendar year 1943, more than 75 %• of a representative. side the continental limits of the United the amount of products listed on Table Such deliveries may be made by such re­ States. ttt which he packed in tubes during the tailers at any time and in any manner (ii) Distributions or sales made at calendar year 1942: Provided further, consented to by the person to whom de­ ports of embarkation, induction centers, That no tube user shall pack in tubes livery is to be made, and shall be made, receiving stations, receiving ships, to during each of the three-month periods upon demand of such person and at the newly inducted selectees or enlistees or beginning January 1,1943, April 1,1943, expense of such person, in such manner other persons designated by the com­ July 1,1943, and October 1,1943, respec­ and at such time as such person may re­ manding officer. tively, more than 25% of the amount of quest. In no case shall any considera­ (iii) Sales or distributions made in products listed in Table III of this order tion be paid or received for any used hospitals under the jurisdiction of the which he is permitted to pack in tubes tubes so delivered and no person (includ­ armed forces of the United States to during the entire calendar year 1943 pur­ ing, but not limited to, wholesalers of casualties of war. suant to the preceding provisions of this products packed in tubes and dealers in Provided, however, That no tubes con­ subparagraph. All percentages above scrap metal and junk) shall, except as taining more than lYz% tin shall be sold mentioned shall be based upon volu­ otherwise expressly permitted by this or delivered pursuant to the subpara­ metric weight. Said percentages shall be paragraph (d) (3), deliver any used tube graph: And further provided, That the in addition to the products listed on Ta­ of any kind to any person except those exemption, provided by this subpara­ ble III which are packed in tubes and designated above. Damaged or unused graph shall be subject to such conditions sold and delivered to the Army or Navy tubes shall, at the option of the holder, as shall be prescribed by the appropriate of the United States or the United States be returned for credit to the party from authorities of that branch of the Govern­ Coast Guard (including but not limited whom they were purchased or delivered ment under whose jurisdiction the above to post exchanges, ships’ stores, ships’ to the Tin Salvage Institute as agent for named agencies or instrumentalities re­ service stores, and marine exchanges), Metals Reserve Company. spectively operate. and in addition to products listed on Ta­ (4) Nothing in this order shall pre­ (e) Certificates and reports relating ble III which are packed in tubes having vent the manufacture, sale, delivery, pur­ to all the kinds of tubes covered by this no greater tin content than that pre­ chase, acceptance of delivery, or use of order—(1) Certificates of tube users. scribed in paragraph (c) (1) of this tubes, made from blanks manufactured Each tube user who purchases any tubes order for non-essential tubes. on or before the dates hereinafter spec­ shall furnish to. the tube manufacturer (d) Further conservation of tin. (1) ified and containing no more than the from whom he buys, a certificate, in sub­ All manufacturers and users of all the permitted tin content respectively spec­ stantially the form attached hereto as kinds of tubes covered by this order shall ified,Within the limits set forth opposite Exhibit A, that ¿lich tube user is familiar cooperate in effectuating as rapidly and each such date. with the terms of this order (in its pres­ as completely as possible a program of ent form or as it may be amended from reducing the thickness of the tin coating time to time) and that, during the life on such tubes to the minimum thickness D ate of manufac­ Permitted tin Perm itted use of this order, he will not use any tubes ture of blank content which will be sufficient for satisfactory •:>r purchased from such tube manufacturer packing of the particular product in violation of its terms. Only one such April 1, 1942_____ Unrestricted___ -Unrestricted. packed. October 5,1942...^ 7 Yt percent by F o r packing certificate covering all present and fu­ (2) All manufacturers of all kinds of weight. products listed ture purchases from a given tube manu­ in Table III tubes permitted to be manufactured or a n d shaving facturer need be furnished by a 'tube filled by this order and all tube users preparations. user to that tube manufacturer (who packing products in such tubes are or­ The 13th day of 1H percent by F o r packing shall retain such certificate), but no tube January 1943. weight. shaving prep­ dered to concentrate to the greatest ex­ arations. manufacturer shall be entitled to rely tent practicable upon the larger-size on any such certificate if he knows, or tubes and to manufacture and to use for has reason to believe it to be false. tube filling respectively as high a propor­ Provided, however, That the volumetric (2) Certificates of retailers. Each re­ tion of larger-size tubes (as compared weight of any products listed in Table III tailer who purchases any filled Class III with smaller-size tubes) as may be fea­ which are packed in accordance with the or shaving preparation tubes shall fur­ sible and practicable. All such manu­ provisions of this subparagraph shall be nish to the manufacturer or distributor facturers and tube users are further subtracted from the quota allowed to the from whom he buys a certificate, in sub­ ordered to substitute, for all tubes made tube user pursuant to paragraph (c) (6) stantially the form attached hereto as in whole or in part of tin, containers of this order. Exhibit B, that such retailer is familiar made of other materials to the extent (5) Notwithstanding any other provi­ with the terms of this order (in its pres­ that such substitution may be feasible sions of this order, gift kits or combina­ ent form or as it may be amended from and practicable. tion set boxes holding multiple units, time to time) and that, during the life (3) No retailer shall sell or deliver including filled Class III or shaving of this order, he will not use any tubes any filled metal tube containing dental preparation tubes, the value of which purchased from such manufacturer or cleansing or shaving preparations to any comprises not" over • 25 percent of the distributor in violation of its terms. ultimate purchaser (except as bona fide total value of the package, may be dis­ Only one such certificate covering all samples, manufactured prior to the 15th posed of without complying with the used present and future purchases from $ FEDERAL REGISTER, Thursday, January 14, 1943 523 given manufacturer or distributor need all purchases present and future, so long 4. Morphine for hypodermic injection (lim­ be furnished by a retailer, but no manu­ as such conservation order, in its present ited to tubes containing individual doses form or as it maj^be amended from time only and sold directly to the Army or facturer or distributor shall be entitled Navy of the United States). to rely on any such certificate if he to time, remains in effect. knows, or has reason to believe, it to be T able II—Class II T ubes false: Provided, however, That such cer­ 1. (a) Medicinal and pharmaceutical oint­ tificates shall riot be required in con­ (Tube user’s address) (Date) ments hot included in Table I: nection with the export of filled Class III (b) Preparations which are intended for In accordance with paragraph (e), sub­ introduction into body orifices (nasal, or shaving preparation tubes from the paragraph (1) of Conservation Order M-115 vaginal rectal, surgical jelly, etc.), not forty-eight states of the United States included in Table I. of America and the District of Columbia. of the War Production Board designed to conserve the amount of tin used in collapsible T able III—Class III T ubes (3) Reports. Each tube manufac­ tubes, the undersigned hereby certifies—and turer and each tube user shall file such this shall constitute a certification to the 1. Dental cleansing preparations. reports as the War Production Board Wa Production Board—that the undersigned [P. R. Doc. 43-641; PiletL January 13, 1943; may prescribe for the purpose of effective is familiar with the terms of said Conserva­ 11:20 a. m.] administration of the order, and no tube tion Order, and any and all amendments manufacturer or distributor shall sell t^u-eto, and that the undersigned will not any tubes except under contracts or or­ u: - any tubës purchased from ders validated by the certification re­ P art 3067—Textile and P aper Shipping quired by this paragraph (e). (Name of tube manu- (Address of tube Bags (f) Miscellaneous provisions—(1) Ap­ facturer) manufacturer) peals. Any appeal from the provisions [Conservation Order M-221, as Amended of this order shall, be made by filing a in violation of the terms of said order and Jan. 13, 1943] amendments. letter in triplicate, referring to the par­ 1. Part 3067 Textile Shipping Bags is ticular provision appealed from and (Legal name of tube user) amended to read: “Textile and Paper stating fully the grounds for the appeal. Byi------—------Shipping Bags” (2) Violations. Any person who wil­ (Authorized official) 2. Section 3067.1 Conservation Order fully violates any provision of this order, M-221 is amended to read: or who, in connection with this order, (Title of official reporting) The fulfillment of requirements for the wilfully conceals a material fact or fur­ Section 35A of the U. S. Criminal Code defense of the United States has created nishes false information to any depart­ (18 U. S. C. A. 80) makes it a criminal offense shortages in the supplies of textile and ment or agency of the United States is to make a false statement or representation paper shipping bags for defense, for pri­ guilty of a crime, and upon conviction to any department or agency of the United vate account and for export; and the may be punished by fine or imprison­ States as to any matter within its juris­ -following order is deemed necessary and ment. In addition, any such person may diction. appropriate in the public interest and to be prohibited from making or obtaining Exh ibit B—R etailer’s Certificate promote the national defense: further deliveries of, or from processing Certificate required by paragraph (e), sub- § 3067.1 Conservation Order M-221— or using, material under priority con­ paragraph (2) of Conservation Order M-115. trol and may be deprived of priorities One copy of this certificate is to be delivered (a) Definitions. (1) “Textile bag” means assistance. to each distributor from whom the retailer any shipping container made of cotton (3) Sales of tin. No person shall purcha^s tubes and is to cover all purchases fabric, burlap, or other fabric, excepting hereafter sell or deliver tin to any tube present and future, so long as such conserva­ bale covers and textile wrappings. manufacturer or tube user if he knows tion order, in its present form or as it may (2) “Paper bag” means any shipping or has reason to believe that such tin be amended from time to time, remains in bag made wholly or in past of kraft paper, is to be used in violation of the terms of effect. excepting combination textile-paper this order. bags. (4) Communications to the War Pro­ (Retailer’s address) (Date) (3) “Combination textile-paper bag” duction Board. All reports required to means any shipping bag made of lami­ be filed hereunder and all -communica­ In accordance with paragraph (e), sub- paragraph (2) of Conservation Order M-115 nated textile and paper. tions concerning this order, shall unless of the War Production Board designed to (4) “New textile bag” means any tex­ otherwise directed, be addressed to: War conserve the amount of tin used in collapsible tile bag when neither the fabric or the Production Board, Containers Division, tubes, the undersigned hereby certifies—and bag has been previously used. Washington, D. C. Ref.: M-115. this shall constitute a certification to the (5) “Used textile bag” means any tex­ (5) Effect of other orders. Except as War Production Board—that the undersigned: tile bag when the bag or the fabric pre­ provided in paragraph (c) (2) above, in­ is familiar with the terms of said conseriça- viously has been used one or more times. sofar as any other order of the Director tion order, and any and all - amendments (6) “New paper bag” means any paper of Priorities, the Director of Industry thereto, and that the undersigned will not use any tubes purchased from bag which has not been used. Operations or the Director- General for (7) “Dealer” means any person whose Operations heretofore or hereafter is­ principal business is that of buying, selling sued limits or curtails to a greater extent (Name of tube manufacturer or distributor) or reconditioning empty textile or paper than herein provided the use of any ma­ (Address of tube manufacturer or bags. terial used in the production of tubes, distributor) (8) “User” means any person who ac­ the limitations of such order shall in violation of the terms of said order and quires textile or paper bags for use in control. amendments. his business. (PJD. Reg. 1, as amended, 6 P.R. 6680; (9) A person shall be deemed a “com­ W.P.B. Reg. :, 7 F.R. 561; E.O. 9024, 7 (Legal name of retailer) mercial emptier” at such times when in F.R. 329; E.O. 9040, 7 P.R. 527; E.O. 9125, B y ------any of the three immediately preceding 7 P.R. 2719; sec. 2 (a), Pub. Law 671,76th (Authorized official) calendar months he acquired in his busi­ Cong., as amended by Pub. Laws 89 and (Title of'official reporting) ness and emptied 400 filled textile bags. 507, 77th Cong.) GO) “Wool bag” means any new or Section 35A of the U. S. Criminal Code used textile bag, made of burlap, be­ Issued this 13th day of January 1943. (18 U. S. C. A. 80) makes it a criminal offense tween 5V2 and 1V2 feet in length, ordi­ Ernest K anzler, to make a false statement or representation narily used to package wool: Provided, Director General for Operations. to any department or agency of the United States as to any matter within its jurisdic­ That such bag shall not be considered a Exhibit A—T ube User’s Certificate tion. wool bag when no longer capable of T able I—Class I T ubes carrying any of the following: grease Certificate required by paragraph (e), sub- paragraph (1) of Conservation Order M-115. 1. Ointments and other preparations for wools, scoured wools, noils, wool wastes One copy of this certificate is to be delivered ophthalmic use. or mohair. to each tube manufacturer from whom the 2. Sulfa drugs in ointment or jelly form. (11) A “heavy #1 wool bag” means tube user purchases tubes and is to cover 3. Diagnostic extracts (allergens). a wool bag, either new or used, made of 524 FEDERAL REGISTER, Thursday, January 14, 1943 12 ounce or heavier burlap and capable of more than 50 percent of the number of account of, the Army, Navy, Maritime of being packed or repacked to its in­ new textile bags made of burlap delivered Commission, United States Post Office, tended capacity with any of the follow­ to the user during the-calendar year 1941, War Shipping Administration, or any ing: grease wools, Territory, California except that this restriction shall not agency procuring for delivery pursuant or Texas wools or mohair. apply to bags for packing mohair, wool to the Act of Congress of March 11,1941, (12) A “light #1 wool bag” means or wool products, or to bags made of entitled, “An Act to Promote the Defense any new wool bag made of less than 12 burlap of weights less than 7 ounces per of the United States” (Lend-Lease Act). ounce burlap. 40 inch width per yard. (ii) The sale, delivery, or use of any (13) A “#2 wool bag” means any (vii) No dealer, user or commercial textile bag made of búrlap, when such used wool bag other than a heavy #1 emptier shall change the size of any tex­ bag is manufactured from burlap set wool bag. tile bag made of burlap while it has a aside pursuant to any provision for (b) General restrictions—(1) Re­ commercial use as a bag with or without Stockpiling of Imports, in Conservation strictions on textile and paper bags. mending. Order M-47, as amended from time to (i) No person shall manufacture, sell, (viii) No user shall pack any products time. offer for sale, deliver, rent, supply, dis­ other than the following: agricultural (2) Applicability of priorities regula­ tribute, purchase, accept delivery or ac­ products (including but not limited to tions. This order and all transactions quire textile or paper bags which he has beans, coffee, cotton, feed, flour, fruits, affected thereby are subject to all appli­ reason to believe will be used for any grain, meal, nuts, potatoes, poultry grits, cable provisions of the priorities regula­ purpose prohibited by this order. rice, salt, seeds, starch, sugar, tobacco or tions of the War Production Board, as (ii) After April® 1, 1943, no user shall vegetables) cement, chemicals, core sand, amended from time to time. pack any beans, cement, chemicals, feed, fertilizer, glues, gypsum, malt, meats, (3) Reports. On the fifteenth day of fertilizer, flour, meal or cereals, nuts, metal abrasives, metal parts, pastes, plas­ each month, every dealer, user or com­ salt, plaster, potatoes, rice, seeds, starch, ter, sand, shell-fish, tire chains or such mercial emptier of new or used textile or sugar in new textile or paper bags other products as may be authorized by bags, who has (or had) in his possession other than bags of the following net the Director General for Operations, at any time during the year 1942 more weight capacities: pursuant to application on Form PD-556, than 15,000 empty textile bags, exclusive 2 pounds in new textile bags made of cotton: Pro­ of new textile bags made of cotton, shall 5 pounds vided, That this restriction shall not ap­ report upon Form PD-645 to the Con­ 10 pounds ply to any bags manufactured or in proc­ tainers Division, War Production Board, 25 pounds ess of manufacture prior to January 13, Washington, D. C. the information re­ 50 pounds 1943. quired by said form. 100 pounds or over; (ix) No manufacturer of new textile (4) Appeals. Any appeal from the Provided, That the following commodi­ bags shall overstitch the raw edge or provisions of this order shall be made ties also may be packed as follows: selvage edge of a bag. by filing a letter in triplicate, referring Cement in 94 lb. bags (x) No manufacturer of new textile to the particular provision appealed from Plaster in 60 lb. and 94 lb. bags bags shall incorporate therein any metal and stating fully the grounds of appeal: Potatoes in 15 lb. bags eyelets or grommets. Provided, That appeals from the restric­ £>eeds in one-bushel and two-bushel bags (xi) No dealer in used textile bags tions of paragraph (b) (2) (vi) shall be (2) Restrictions on textile bags, (i)shall sell or deliver any used textile bag by application in triplicate on Form PD- No person shall sample the contents of unless such bag shall have been repaired 188-c. any new or used textile bag except by and all holes, including trier or probe (5) Violations. Any person who wil­ opening the closure or by inserting a holes, properly mended or patched: Pro­ fully violates any provision of this order, probe or trier without damage to the vided, That nothing in this paragraph or who, in connection with this order, fabric and no commercial emptier shall (b) (2) (xi) shall prevent the delivery wilfully conceals a material fact or fur­ ■ remove the contents of any textile bag of any bag for the purpose of repair, or nishes false information to any depart­ except by opening the closure, unless the delivery to the owner. ment or agency of the United States is contents have become so caked or solidi­ (xii) No dealer in textile bags or com­ guilty of a crime, and upon conviction, fied that salvage of the bag is not prac­ mercial emptier shall sell or deliver any may be punished by fine or imprison­ ticable. textile bag which has been used for pack­ ment. In addition, any such person may (ii) No person shall use any new or ing raw sugar, and which is capable of be prohibited from making or obtaining used textile bag for packing mohair un­ carrying raw sugar, to any user except further deliveries of, or from processing less the word “Mohair” appears in legible for packing raw sugar. or using, material under priority control type on both sides of the bag. (c) Restrictions on wool bags. (1) and may be deprived of priorities assist­ (iii) No person shall purchase or ac­ No user shall use a heavy #1 wool bag ance. cept delivery of any new or used textile except for grading wools or for packing (P.D. Reg. 1, as amended, 6 F.R. 6680; bag to be used for protection against air grease wools or mohair, known to the W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 raids or other war hazards. trade as Territory, California or Texas F.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, (iv) No user or commercial emptier wools or mohair. 7 F.R. 27l£; sec. 2 (a), Pub. Law 671, shall accept delivery of ariy full or empty (2) No user shall use a light #1 wool 76th Cong., as amended by Pub. Laws 89 new or'used textile bags at a time when, bag except for packing Territory, Cali­ and 507, 77th Cong.) or when by virtue of the delivery, the fornia, Texas, grease or scoured wools, Issued this 13th day of January 1943. user’s or commercial emptier’s inventory or mohair, carbonized wool, carbonized of new or used empty textile bags is or noils, carbonized card waste, fine white E rnest K anzler, will be in excess of a practical minimum garnetts, fine white laps, cut wool tops, Director General for Operations. working inventory and in no event in broken wool tops, or wool backings. [P. R. Doc. 43-642; Filed, January 13, 1943; excess of the aggregate number of new (3) No user shall use a #2 wool bag 11:21 a. m.] or used empty textile bags which will be except for packing grease wools, fleece required to carry on his business during wools, pulled wools, scoured wools or noils, or wool wastes, whether or not the next sixty days. P art 3132—P rocessors of Metal S crap (v) No person shall use any new textile carbonized. bags made of burlap for packing any ma­ (4) No user shall use any wool bag [Preference Rating Order P-136 as Amended terial, other than mohair; wodl; and wool for any purpose other than for packing Jan. 13, 1943] products; agricultural products except or wrapping wool or wool products. For the purpose of facilitating the ac­ flour, refined sugar, salt, tankage, or fer­ (5) No user shall use any top cover quisition of material for operating sup­ tilizer: Provided, That this restriction bags made from burlap for any purpose plies and for the maintenance and repair shall not apply to any bags manufactured other than for packing top wool. of equipment used by recognized proces­ or in process of manufacture prior to (d) Miscellaneous provisions— (1) sors for the sole purpose of locating, January 13, 1943. General exceptions. The restrictions im­ processing or transporting metal scrap (vi) No manufacturer of or dealer in posed by this order shall not apply to: (up to its delivery at point of shipment textile bags made of burlap, during any (i) Any textile or paper bags manu­to ultimate consumer), and to promote calendar year, shall sell or deliver to any factured to meet the packaging specifi­ the national defense, preference ratings user, nor shall any user accept delivery cations nf and delivered to, or for the are hereby assigned to deliveries of such FEDERAL REGISTER, Thursday, January 14, 1943 525 materials on the terms and within the rial in excess of a total dollar value of imum, he may apply the rating only to limitations hereinafter set forth: $500.00 (including materials delivered ► the extent necessary to restore his in­ under the provisions of paragraphs (b) ventory to such minimum. § 3132.1 Preference Rating Order P- (1) and (2) above), . unless a specific (ii) A supplier who supplies material 136—(a) Definitions. (1) “Person” authorization is obtained in advance which he has not in whole or in part means any individual, partnership, asso­ from the Director General for Oper­ manufactured, processed, assembled or ciation, business trust, corporation, gov­ ations. otherwise physically changed may defer ernmental corporation or agency, or any (c) Persons entitled to apply prefer­ applications of the rating hereunder to organized group of persons whether in­ ence ratings. The preference rating purchase orders or contracts for such ma ­ corporated or not. hereby assigned may, in the manner and terial to be placed by him until he cc,n (2) “Processor” means any person to the extent hereby authorized, be ap­ place a purchase order or contract for operating an automobile graveyard or plied by: the minimum quantity procurable on his scrap yard physically situated within the (1) A processor; customary terms; provided, that he shall (2) Any supplier of material to the de­ not defer the application of any rating limits of the United States or Canada for more than three months after he be­ who has been certified by the Scrap livery of which a preference rating has been applied as provided in paragraph comes entitled to apply it. Processors Branch of the Conservation (d). (f) Restrictions of inventory. (1) A Division of the War Production Board as (d) Application of preference rating. processor shall not, during any calendar being experienced in the metal scrap (1) No processor shall apply any prefer­ quarter, accept, and a supplier shall not trade and cooperative in expediting the ence rating assigned by paragraph (b) knowingly make to a processor, deliveries (whether or not rated pursuant to this movement of metal scrap to consumers! until: (1) He shall have filed with the Scrap order) of any material to be used as op­ (3) “Material” means any commodi­ erating supplies or for maintenance or re­ ties, equipment, accessories, parts assem­ Processors Branch, Conservation Divi­ pair the aggregate dollar volume of which blies, or products of any kind. sion, WarPrôduction Board, a statement shall exceed 55 percent of the aggregate (4) “Maintenance” means upkeep nec­ in the form prescribed by the Director dollar volume of the withdrawals for such essary to continue the working condition General for Operations, setting forth purposes by the processor from stores or of essential operating equipment used by amounts of raw material used for repair, inventory during the preceding calendar a processor at its. then current rate of maintenance and operating supplies for half-year unless such deliveries shall be production. specifically authorized in advance by the (5) “Repair” means the restoration of the preceding calendar quarter, inven­ War Production Board on the proces­ equipment used by a processor to a sound tories of such material at the beginning sor’s application therefor. working condition after wear and tear, and end of such period, and an estimate (2) A processor shall not at any time damage, destruction or failure of parts, of requirements of such material for -the accept deliveries (whether or not rated or the like, have made such equipment current quarter, and further stating that pursuant to this order) of any material unfit -or unsafe for service. to be used as operating supplies or for (6) “Operating supplies” means any he accepts the terms and conditions of maintenance or repair until the proces­ material which is essential to the opera­ this order. sor’s inventory and stores of such ma­ tion of equipment used by a processor (ii) He shall have received from the terial have been reduced to a reasonable and which is generally carried as proc­ Scrap Processors Branch, War Produc­ minimum, unless such delivery shall be essor’s stores and charged to operating specifically authorized in advance by the expense accounts. tion Board, a serial number which shall War Production Board on the processor's (7) “Supplier” means any person with thereafter be endorsed on all purchase application therefor. Such reasonable whom a rated purchase order or contract orders or contracts for material by him minimum shall in no case exceed 125 has been placed by a processor or by or for his account which are rated pur­ percent of the aggregate dollar volume of another supplier for material: suant to this order. such material in inventory and stores on (1) Directly required by a processor for the last day of the preceding calendar maintenance, repair, or operating sup­ (2) The préférence ratings herein half-year. plies, or granted shall be applied and extended (g) Relief. If the sound working con­ (ii) To be physically incorporated in pursuant to the provisions of Priorities dition of a processor is adversely affected other material so required by a processor. Regulation No. 3 (§ 944.23). by any provision or application of this (b) Assignment of preference ratings. (3) Each processor shall immediately order or by inability to obtain material Subject to the terms of this order, the file with the nearest District Office of the essential for repair, maintenance or op­ following preference ratings are hereby War Production Board a copy of each erating supplies, the processor may apply assigned, but nothing heiein contained purchase order or contract covering any for relief to the Director General for Op­ shall prevent the use of'any other or erations. The Director General for Op­ higher rating to which any person may material to which an AA-2X or an AA-3 erations may thereupon take such action be entitled by reason of any other pref­ rating has been assigned under para­ as he deems appropriate. erence rating certificate or order: graph (b) (1) or (b) (2) of this order. (h) Resale of material prohibited. XI) AA-2x to deliveries to a processor Processors in Canada shall file copies of Except with specific permission of the Di­ of material for repair of equipment used such purchase orders or contracts with rector General for Operations, a processor for any of the purposes set forth in the the Ottawa Branch, Canadian Review shall not resell any material acquired for first paragraph of this order, when and repair, maintenance or operating sup­ only when there has been an actual Division of the War Production Board. plies (whether or not obtained pursuant breakdown or suspension of operations (e) Restrictions on use of rating. (1) to rating assigned by this order) ; pro­ because of damage, wear and tear, de­ Restrictions on processor. No processor vided, that nothing herein contained struction or failure of parts, or the like, may apply any rating hereby assigned to shall prohibit sale by the processor of and the essential repair parts are not obtain delivery of material on earlier used material acquired prior to October otherwise available. dates than required for the operation, 31, 1942. (2) AA-3 to deliveries to a processor maintenance or repair of its equipment. (i) Records, audits and reports. Each of repair material, described in para­ (2) Restrictions on supplier, (i) No processor and each supplier shall keep graph (b) (1), up to the minimum re­ supplier may apply the rating to obtain and preserve for a period of not less than quired to make reasonable advance pro­ material in greater quantities or on ear­ two years accurate and complete records vision to avert an actual breakdown of lier dates than required to enable him to of all transactions affected by this order existing facilities or suspension. make on schedule a delivery rated here­ and shall submit from time to time to (3) A-l-a to deliveries to a processor under or, within the limitations of (ii) audit and inspection by duly authorized of material for other repairs to, for main­ below, to replace in his inventory mate­ representatives of the War Production tenance of, and for operating supplies rial so delivered. He shall not be deemed Board. Each processor and each sup­ for, equipment used for any one of the to require such material if he can make plier shall execute and file with the War purposes set forth in the first paragraph his rated delivery and still retain a prac­ Production Board or other designated of this order. The A-l-a rating assigned ticable working minimum inventory agency such reports an& in such form as by this paragraph (b) (3) shall not be thereof; and if, in making such delivery, the War Production Board shall from applied in any calendar quarter to mate­ he reduced his inventory below such min­ time to time require. 526 FEDERAL REGISTER, Thursday, January 14, 1943 (j) Violations. Any person who wil­ tables hereto); except upon approval of Sec. fully violates any provision of this order, the Director General for Operations. 1300.227 Inclusioil of material in the rec­ or who, in connection with this order, ord by the Administrator. (P.D. Reg. 1, as amended, 6 F.R. 6680; 1300.228 Consolidation of protests. wilfully conceals a material fact or fur­ W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, nishes false information to any depart­ 7 F.R. 329; E.O. 9040, 7 F.R. 527; E.O. ORAL HEARINGS ment or agency of the United States is 9125, 7 F.R. 2719; sec. 2 (a), Pub. Law 1300.229 Requests for oral hearing. guilty of a crime, and upon conviction 671,76th Cong., as amended by Pub. Laws 1300.230 Conference prior to oral hearing. may be punished by fine or imprison­ 1300.231 Continuance or adjournment of ment. In addition, any such person may 89 and 507, 77th Cong.) oral hearing. be prohibited from making or obtaining Issued this 13th day of January 1943. 1300.232 Conduct of the oral hearing. 1300.233 Filing of briefs. further deliveries of, or from processing E rnest K anzler, 1300.234 Subpoenas. , or using, material under priority control Director General for Operations; 1300.235 Witnesses. and may be deprived of priorities assist­ 1300.236 Contemptuous conduct. ance. [F. R. Doc. 43-644; Filed, January 13, 1943; 1300.237 Stenographic report of oral hear­ (k) Revocation or modification. This 11:20 a. m.] ing. order may be revoked or modified by the OPINION AND TRANSCRIPT ON PROTESTS Director General for Operations at any Chapter XI—Office of Price Administration time as to any processor or supplier. In 1300.238 Opinion denying protest in whole P art 1300— P rocedure or in part. the event of revocation or modification, 1300.239 Treatment of protest as petition for or upon expiration of this order, deliv­ [Revised Procedural Regulation 3] amendment- or for adjustment or eries already rated pursuant to this order other relief. PROCEDURE FOR ADJUSTMENTS, AMENDMENTS, 1300.240 Transcript for judicial review. shall be completed in accordance with PROTESTS AND INTERPRETATIONS UNDER said rating, unless said rating has been RENT REGULATIONS SUBPART D----INTERPRETATIONS specifically revoked or modified with re­ 1300.241 Interpretations. spect thereto. No additional application Pursuant to the authority of sections 1300.242 Requests for interpretations: Form of said rating to any other deliveries shall 201 (d) and 203 (a) of the Emergency and contents. thereafter be made by any processor or Price Control Act of 1942 (Pub. Law 421, 1300.243 Interpretation to be written: Au­ supplier affected by such revocation, 77th Cong.), Procedural Regulation No. thorized officials. modification or expiration. 3—Procedure for the Protest and Amend­ 1300.244 Revocation or modification of in­ (l) Communications to the War Pro­ ment of Maximum Rent Regulations and terpretations. duction Board. All reports required to be Adjustment Under Such Regulations— SUEPART E--- MISCELLANEOUS PROVISIONS AND filed hereunder, and all communications is hereby revoked, except as provided in DEFINITIONS concerning this order, shall, unless oth­ § 1300.253 of this regulation, and the 1300.245 Filing o: notices, etc. erwise directed, be addressed to: War following rules are prescribed for adjust­ 1300.246 Service of papers. Production Board, Washington, D. C. ments, amendments, protests and inter­ 1300.247 Action by representative. Reference P-136. pretations under maximum rent regula­ 1300.248 Secretary: Office hours. tions. 1300.249 Confidential information, inspec­ (P.D. Reg. 1, as amended, 6 F.R. 6680; tion of documents filed with W.P.B. Reg. 1, 7 PR. 561; E.O. 9024, 7 Sec. Secretary. F.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, 1300.201 Purposes of this regulation. 1300.250 Former employee not to be repre­ 7 F.R. 2719; sec. 2 (a), Pub. Law 671, 76th sentative. SUBPART A----LANDLORDS’ PETITIONS AND TENANTS’ 1300.251 Definitions. Cong., as amended by Pub. Laws 89 and APPLICATIONS 1300.252 Amendment of this regulation. 507, 77th CongJ 1300.202 Right to file petition. 1300.253 Effective date of Revised Procedural Issued this 13th day of January 1943. 1300.203 Method of filing, form, and con­ Regulation No. 3. tents. E rnest K anzler, Au th o rity : §§ 1300.201 to 1300.253, inclu­ 1300.204 Joint petitions, consolidation. sive, issued under Pub. Law 421, 77th Cong. Director General for Operations. 1300.205 Tenants’ applications. [F. R. Doc. 43-643; Filed, January 13, 1943; 1300.206 Investigation of petitions and ap­ § 1300.201 Purposes of this regulation. 11:20 a. m.] plications. It is the purpose of this regulation to 1300.207 Action by rent director on his own prescribe and explain the procedure of initiative. the Office of Price Administration in 1300.208 Action by the rent director on pe­ titions for adjustment or other making various kinds of determinations P art 3154—H ardware S implification relief. in connection with the establishment of maximum rents. [Amendment 1 to Schedule I to Limitation APPLICATION FOR REVIEW OF RENT DIRECTOR’S Order L-236] (a) Subpart A deals with petitions for ACTION adjustment and other relief, provided Section 3154.2 General Limitation 1300.209 Applications for review. for by the maximum rent regulations. Order L-236 is hereby amended as 1300.210 Action on applications for review. An adjustment in maximum rent or any follows: SUBPART B--- PETITION FOR AMENDMENT other relief can bfe granted only if the Paragraph (d) Effective date of sim­ 1300.211 Right to file petition. applicable maximum rent regulation plified practices is hereby amended by 1300.212 Time and place for filing petitions contains specific provision for the ad­ striking out the words “15th day of Jan­ for amendment: Form and con­ justment or other relief sought. uary 1943” as appearing in the first two tents. (b) Subpart B deals with petitions for lines of said paragraph (d) and substi­ 1300.213 Joint petitions for amendment. amendment. A petition for amendment tuting therefor the words “1st day of 1300.214 Action by the Administrator on petition. is the appropriate document to file when March 1943” so that said paragraph (d) a petitioner seeks a change of general will read as follows: SUBPART C— PROTESTS applicability in the provisions of a maxi­ (d) Effective date of simplified prac­ 1300.215 Right to protest. mum rent regulation. tices. On and after the 1st day of March 1300.216 Time and place for filing protests. (c) Subpart C deals with protests. A 1943, no builders’ finishing hardware 1300.217 Form of protest. protest is the means provided by the which does not conform to the size, type, 1300.218 Assignment of docket number. Emergency Price Control Act of 1942 for 1300.219 Contents of protest. making a formal claim that a maximum grade, finish, weight, and standard es­ 1300.220 Affidavits or other written evi­ tablished by paragraph (c) of this sched­ dence in support of protest. rent regulation or an order issued there­ ule (and set forth in the tables hereto) 1300.^21 Submission of brief by protestant. under is in some respect invalid. Only shall be put into process by any pro­ 1300.222 Joint protests. if a protest has been filed and denied ducer; on and after the 1st day*of March 1300.223 Amendment of protest and presen­ may the protestant file a complaint with 1943, no producer shall assemble, or tation of supplemental evidence. the Emergency Court of Appeals to have otherwise complete, from component 1300.224 Protest and evidential material the maximum rent regulation or order not conforming to this regula­ protested, enjoined or set aside in whole parts in inventory, any builders’ finishing tion. hardware which does not conform to the 1300.225 Action by the Administrator on or in part. size, type, grade, finish, weight, and protest. (d) Subpart D explains the way standard established by paragraph (c), 1300.226 Statements in support of maximum which interpretations of the meaning or of this schedule (and set forth in the rent regulation or order. effect of provisions of maximum rent FEDERAL REGISTER, Thursday, January 14, 1943 527 regulations are given by officers or em­ the rent director pursuant to the pro­ istrator shall grant or deny in whole or ployees of the Office of Price Adminis­ visions of a maximum rent regulation, in part the petition for adjustment or tration. deems it necessary or appropriate to other relief, or affirm or revoke in whole (e) Subpart E contains miscellaneous enter an order on his own initiative, he or in part the order entered by the rent provisions, and definitions. shall, before taking such action, serve director on his own initiative, as the case a notice upon the landlord of the hous­ may be. SUBPART A— LANDLORDS’ PETITIONS AND ing accommodations involved stating the TENANTS’ APPLICATIONS proposed action and the grounds there­ SUBPART B— PETITION FOR AMENDMENT § 1300.202 Right to file petition. A for. § 1300.211 Right to file petition. A pe­ petition for adjustment or other relief tition for amendment may be filed at any may be filed by any landlord subject to § 1300.208 Action by the rent director time by any person subject to or affected any provision of a maximum rent regu­ on petitions for adjustment or other re­ by a provision of a maximum rent regu­ lation who requests such adjustment or lief. (a) Upon receipt of a petition for lation. A petition for amendment shall relief pursuant to a provision of the adjustment or other relief, and after due propose an amendment of general appli­ maximum rent regulation authorizing consideration, the rent director may cability and shall be granted or denied such action. either: (1) Dismiss any petition which fails, on the merits of the amendment pro­ § 1300.203 Method of filing, form, and posed. The denial of a petition for substantially to comply with the pro­ amendment is not subject to protest or contents. A petition for adjustment or visions of the applicable maximum rent other relief provided for by a maximum regulation or of this regulation; or judicial review under the Act. rent regulation shall be filed with the (2) Grant or deny in whole or in part, § 1300.212 Time and place for filing rent director of the Office of Price Ad­ any petition which is properly pending petitions for amendment; form and con­ ministration for the defense-rental area before him; or tents. A petition for amendment shall within which the housing accommoda­ (3) Notice such petition for oral hear­ be filed with the Secretary, Office of Price tions involved are located. Petitions ing to be held in accordance with Administration, Washington, D. C. Five shall be filed upon forms prescribed by §§ 1300.229 to 1300.237, inclusive, of this copies of the petition and of all accom­ the Administrator and pursuant to in­ regulation; or panying documents and briefs shall be structions stated on such forms and may (4) Provide an opportunity to present filed. Each copy shall be printed, type­ be accompanied by affidavits or other further evidence in affidavit form, in written, mimeographed, or prepared by documents setting forth the evidence connection with such petition. a similar process, and shall be plainly upon which the petitioner relies in sup­ (b) An order entered by a rent di­ legible. Copies shall be double spaced, port of the facts alleged in his petition. rector upon a petition for adjustment except that quotations shall be single § 1300.204 Joint petitions, consolida­ or other relief, or an order entered by spaced and indented. Every such peti­ tion. Two or more landlords may file a the rent director on his own initiative tion shall be designated “Petition for joint petition for adjustment or other may be revoked or modified at any time Amendment” and shall contain, upon the relief where the grounds of the petition upon due notice to the petitioner. first page thereof, the name of the de­ are common to all landlords joining APPLICATION FOR REVIEW OF RENT [ fense-rental area and the number and therein. A joint petition shall be filed DIRECTOR’S ACTION date of issuance of the maximum rent and determined in accordance with the regulation to which the petition relates, rules governing the filing and determina­ § 1300.209 Applications for review. and the name and address of the peti­ tion of petitions filed by one landlord. Any landlord whose petition for adjust­ tioner. The petition shall specify the A landlord’s petition may include as ment or other relief has been denied in manner in which the petitioner is sub­ many housing accommodations as pre­ whole or in part by the rent director, or ject to or affected by the provision of the sent common questions which can be any landlord subject to an order entered maximum rent regulation involved, and expeditiously determined in one proceed­ by the rent director on his own initia­ shall include a specific statement of the ing. Whenever the rent director deems tive, may within fifteen days after the particular amendment desired and the it necessary or appropriate, he may order date on which notice of such denial cr facts which make that amendment nec­ the filing of separate petitions or he. may order was mailed to him, file with the essary or appropriate. The petition consolidate separate petitions presenting rent director an application for review shall be accompanied by affidavits setting common questions which can be deter­ of such denial or order by the regional forth the evidence upon which the peti­ mined expeditiously in one proceeding. administrator for the region in which the defense-rental area office is located. tioner relies in his petition. § 1300.205 Tenants’ applications. All An application for review shall be filed § 1300.213 Joint petitions for amend­ tenants’ applications provided for by any in triplicate upon forms prescribed by ment. Two or more persons may file a maximum rent regulation shall be filed the Administrator and pursuant to in­ joint petition for amendment, where the with the rent director for the defense- structions stated on such forms, and amendments proposed are identical or rental area within which the housing shall be accompanied by three copies of substantially similar. Joint petitions accommodations involved are located. all the evidence, in affidavit form, upon shall be filed and determined in accord­ The application shall be filed on forms which the landlord intends to rely in ance with the rules governing the filing prescribed by the Administrator and support of his objections to the denial of and determination of petitions filed by pursuant to directions set forth on such the petition for adjustment or other re­ one person. Whenever the Administra­ forms. Action ypon any tenant’s ap­ lief, or to the order entered by the rent tor deems it to be necessary or appro­ plication shall be within the discretion of director on his own initiative. Immedi­ priate for the disposition of joint peti­ the rent director and the procedure ately upon the filing of an application tions, he may treat such joint petitions thereon shall be the same as" in proceed­ for review of such denial or order, the as several, and, in any event, he may re­ ings initiated by the rent director pur­ rent director shall forthwith forward the quire the filing of relevant material by suant to provisions of a maximum rent record of the proceedings with respect each individual petitioner. regulation authorizing such action. to which such application is filed to the § 1300.214 Action by the Administra­ § 1300.206 Investigation of petitions appropriate regional administrator. If tor on petition.’ In the consideration of and applications. Upon the filing of a a petition for adjustment or other relief any petition for amendment, the Admin­ petition or application pursuant to the is denied by the regional administrator istrator may afford to the petitioner and provisions of this regulation, the rent upon such application for review, or if to other persons likely to have informa­ director may make such investigation of an order entered by the rent director on tion bearing upon such proposed amend­ the facts involved in the petition or ap­ his own initiative is affirmed, such de­ ment, or likely to be affected thereby, an plication, hold such conferences, and re­ nial or affirmance shall be final subject opportunity to present evidence or argu­ quire the filing of such reports, evidence only to protest as provided in §§ 1300.214 ment in support of, or in opposition to, in affidavit form or other material rele­ to 1300.228, inclusive, of this regulation. such proposed amendment. Whenever vant to the proceeding, as he may deem, § 1300.210 Action on applications for necessary or appropriate for the full and necessary or appropriate for the proper review. Upon the filing of a proper ap­ expeditious determination of common disposition of the petition or application. plication for review thereof pursuant questions raised by two or more petitions § 1300.207 Action by rent director on to § 1300.209 of this regulation, and after for amendment, the Administrator may his own initiative. In any case where due consideration, the regional admin­ consolidate such petitions. No. 9----- 3 528 FEDERAL REGISTER, Thursday, January 14, 1943

SUBPART C— PROTESTS (c) A clear and concise statement of objections set forth in the protest. Such § 1300.215 Right to protest. Any all objections raised by the protestant brief shall be submitted as a separate landlord subject to any provision of a against the provision of the maximum docuinent, distinct from the protest and maximum rent regulation or of an order rent regulation or order protested, each evidential material. issued under §§ 1300.209 and 1300.210 of such objection to be separately stated § 1300.222 Joint protests. Two or this regulation, may file a protest in the and numbered. more landlords may file a joint protest. manner set forth below. A landlord is, (d) A clear and concise statement of Joint protests shall be filed and de­ for the purposes of this regulation, sub­ all facts alleged in support of the ob­ termined in accordance with the rules ject to a provision of a maximum rent jections. governing the filing and determination regulation or of an order, only if such (e) A statement of the relief requested of protests filed severally. A joint pro­ provision prohibits or requires action by by the protestant including, if the prot­ test shall be verified in accordance with him. Any protest filed by a landlord not estant requests modification of a pro­ § 1300.219 (g) of this regulation by each subject to the provision protested, or vision of the maximum rent regulation protestant. A joint protest may be filed otherwise not in accordance with the re­ or order, the specific changes which he only where at least one ground is com­ quirements of this regulation, may be seeks to have made therein. mon to all persons joining in it. When­ dismissed by the Administrator. (f) In cases where the protest is based ever the Administrator deems it to be upon grounds arising after the date of necessary or appropriate for the dis­ § 1300.216 Time and place for filing issuance of the maximum rent regula­ protests. Any protest against a provi­ position of joint protests, he may treat tion, a clear and concise statement of such joint protests as several, anc|, in any sion of a maximum rent regulation, or facts showing the time when such an order issued under §§ 1300.209 and grounds arose. event, he may require the filing of rele­ 1300.210 of this regulation, shall be filed vant materials ”by the individual protes­ (g) A statement signed and sworn to tants. with the Secretary, Office of Price Ad­ (or affirmed) by the protestant per­ ministration, Washington, D. C., within sonally or, if a partnership, by a partner § 1300.223 Amendment of protest and a period of sixty days after the date of or if a corporation or association, by a presentation of supplemental evidence. issuance of such regulation or order, re­ duly authorized officer, that the protest (a) The protestant may amend his pro­ gardless of the effective date thereof: and the documents filed therewith are test or his affidavits and briefs submitted Provided, That a protest against a pro­ prepared in good faith and that the facts therewith, or may add to such material vision of a maximum rent regulation alleged are true to the best of his knowl­ within a period of sixty days after the based solely on grounds arising after the edge, information and belief. The prot­ issuance of the maximum rent regulation date of issuance of such m aximum rent estant shall specify which of the facts or order against a provision of which the regulation shall be filed within a period are known to him to be true and which protest is filed, or, in the ca^e of a pro­ of sixty days after the" protestant has are alleged on information and belief. test based solely on grounds arising after had, or could reasonably have had, no­ the date of issuance of a maximum rent tice of the existence of such grounds. § 1300.220 Affidavits or other written evidence in support of protest. Every regulation, within sixty days after the § 1300.217 Form of protest. Every protestant shall file to'gether with his protestant has had or could reasonably protest shall be clearly designated a protest the following: have had notice of the existence of such “Protest” and shall contain, upon the (a) Affidavits setting forth in full all grounds. first page thereof, (a) the name of the the evidence, the presentation of which (b) After the time prescribed in para­ protestant and of the defense-rental is subject to the control of the protestant, graph (a) of this section, a protestant area for which the maximum rent regu­ upon which the protestant relies in sup­ may be granted permission to amend his lation or order protested was issued, (b) port of the facts alleged in the protest. protest or to present further evidence in a, statement whether the protest is Each such affidavit shall state the name, connection therewith, when, in the judg­ against a maximum rent regulation or post office address, and occupation of ment of the Administrator, such permis­ order, and (c) the date of issuance and the affiant; his business connection, if sion will not unduly delay the completion the number of such maximum rent reg­ any, with the protestant; and whether of proceedings on the protest. No ulation or order. One original and five amendment which adds a new ground of the facts set forth in the affidavit are protest will be permitted. copies of the protest and of all accom­ stated from personal knowledge or on panying documents and briefs shall be information and belief. In every in­ t § 1300.224 Protest and evidential ma­ filed. Each copy shall be printed, type­ stance, the affiant shall state in detail terial not conforming to this regulation. written, mimeographed or prepared by a the sources of his information: Pro­ In any case where a protest or accom­ similar process, and should be plainly vided, That on a protest of an order, the panying evidential material does not legible. Copies shall be double spaced, evidence and all documents in proceed­ conform, in a substantial respect, to the except that quotations shall be single ings had in connection therewith, shall requirements of this regulation, the Ad­ spaced and indented. be a part of the record on protest and ministrator may dismiss such protest, § 1300.218 Assignment of docket num­ need not be filed by the protestant. . or, in his discretion, may strike such evi­ ber. Upon receipt of a protest it shall (b) A statement by the protestant in dential material from the record of the be assigned a docket number, of which affidavit form setting forth in detail the proceedings in connection with the pro­ the protestant shall be notified, and all nature and sources of any further evi­ test. * further papers filed in the proceedings dence, not subject to his control, upon § 1300.225 Action by the adminis­ shall contain on the first page thereof which he believes he can rely in support trator on protest, (a) Within a reason- • the docket number so assigned and the of the facts alleged in his protest. able time after the filing of any protest information specified in § 1300.217 of this (c) If necessary, a further statement in accordance with this regulation, but regulation. by the protestant in affidavit form set­ in no event more than thirty days after § 1300.219 Contents of protest. Every ting forth the nature and sources of any such filing or ninety days after the issu­ protest shall set forth the following: evidence which the protestant is unable ance of the maximum rent regulation or (a) The name and the post office ad­ to present solely because of the time limit order against a provision of which the dress of the protestant, the manner in for the filing of protests and supporting protest is filed, whichever occurs later, which the protestant is subject to the material. Such further statement may the Administrator shall: provision of the maximum rent regula­ contain a request for an opportunity to (1) Grant or deny such protest, in tion or order protested, and the location, present such further evidence, which re­ whole or in part; or by post office address or otherwise, of all quest shall state specifically the amount (2) Notice such protest for oral hear­ housing accommodations involved in the of time needed for preparation of such ing, to be held in accordance with the protest. evidence. Any affidavits providing fur­ provisions of §§ 1300.229 to 1300.237, in­ (b) The name and post office address ther evidence, pursuant to order, shall clusive of this regulation; or of the person filing the protest on behalf contain the information required by sub- (3) Provide an opportunity to present of the protestant and the name and post paragraph (a) of this section. further evidence in connection with such office address of the person to whom all § 1300.221 Submission of brief by protest. Before, or within a reasonable communications from the Office of Price protestant. The protestant may file time after, the presentation of such fur­ Administration relating to the protest with his protest and accompanying evi­ ther evidence, the Administrator may no­ shall be sent. dential material a brief in support of the tice such protest for oral hearing in ac- FEDERAL REGISTER, Thursday, January 14, 1943 529 corda nee with subparagraph (2) of this and expeditious disposition of the pro­ when made prior to the oral hearing section, may include additional material test. In the event that an oral hearing shall be filed as follows: (1) in connec­ in the record of the proceedings in con­ is ordered in connection with a protest, tion with a protest against a provision nection with the protest in accordance or with proceedings under section 8 of of a maximum rent regulation or order, with § 1300.226 of this regulation, or may this regulation, notice thereof shall be with the Secretary, Office of Price Ad­ take such other action as may be ap­ served on the protestant or petitioner not ministration, Washington, D. C.; (2) in propriate to the disposition of the pro­ less than five days prior to such hearing. connection with a proceeding under sec­ test. The time and place of the hearing shall tion 8 of this regulation with the rent di­ (b) Notice of any such action taken by be stated in the notice. Any such oral rector or regional administrator, as the the Administrator shall promptly be hearing may be limited in such manner case may be, before whom such proceed­ served upon the protestant. and to the extent deemed appropriate to ing is pending. The Administrator may (c) Where the Administrator has or­ the expeditious determination of the pro­ grant or deny an application for a sub­ dered a hearing on a protest or has pro­ ceeding. poena or refer it to the presiding officer vided an opportunity for the presenta­ appointed or designated under § 1300.232 § 1300.230 Conference prior to oral who may thereafter grant or deny the tion of further evidence in connection hearing. At any time prior to the com­ therewith, he shall, within a reasonable application. Applications for subpoenas mencement of the oral hearing, the made during the oral hearing shall be firm» after the completion of such hear­ protestant or petitioner may be re­ ing or the presentation of such evidence, submitted to the presiding officer, who quested to appear at a conference to con­ may grant or deny such application. grant or deny such protest in whole or sider (a) the simplification of issues; (b) in part. (b) All applications, for subpoenas the possibility of obtaining stipulations shall specify the name of the witness § 1300.226 Statements in support ol of fact which will avoid unnecessary and the nature of the facts to be proved maximum rent regulation or order, (a) proof; and (c) such other matters as by him and, if calling for the production Any person affected by the provisions of may expedite the conduct of the oral of documents, shall specify them with a maximum rent regulation, or of an hearing. No transcript of such confer- ■ such particularity as will enable them to order issued thereunder, may at any ence shall be kept, but the officer author­ be identified for purposes of production. time after the issuance of such regula­ ized to conduct such conference shall (c) Service of a subpoena upon a per­ tion o r order submit to the Adminis­ incorporate in the'record of the proceed­ son named therein shall be made by de­ trator a statement in support of any ings any written stipulations or agree­ livering a copy thereof to such person such provisions. Such statement shall ments made at, or as a result of, the con­ and by tendering to him the fees and include the name and post office address ference. If the circumstances are such mileage specified in section 202 (f) of of such person, the nature of his busi­ that an oral conference is impracticable, the act. When the subpoena is issued ness, and the manner in which such per­ such negotiations may be conducted by at the instance of the Administrator, fees son is affected by the maximum rent correspondence. and mileage need not be tendered. regulation or order in question, and may § 1300.231 Continuance or adjourn­ be accompanied by affidavits and other ment of oral hearing. The oral hearing § 1300.235 Witnesses. Witnesses sum­ data. Each such supporting statement shall be held at the time and place speci­ moned before the presiding officer at shall conform to the requirements of fied by the notice of hearing but may be any hearing shall be paid the fees and § 1300.220 of this regulation. continued or adjourned to a later day or mileage specified by section 202 (f) of the (b) In the event that a protest has to a different place. Notice of such ad­ Act. Witness fees and mileage shall be been, or is subsequently, filed against a journment or continuance may be by paid by the person at whose instance the provision of a maximum rent regulation witness appears. or order in support of which a statement announcement at the oral hearing. has been submitted, the Administrator § 1300.232 Conduct of the oral hear­ § 1300.236 Contemptuous conduct. may include such statement in the rec­ ing. (a) An oral hearing on a protest Contemptuous conduct at apy oral hear­ ord of the proceedings taken in connec­ or petition shall be conducted by the ing shall be ground for exclusion from tion with such protest. If such sup­ Administrator or such officer or employee the hearing. The refusal of a witness to porting statement is incorporated into of the Office of Price Administration answer any question which has, been the record, and is hot so incorporated at (hereinafter referred to as the “presid­ ruled to be proper shall, in the discretion an oral hearing, copies of such support­ ing officer”) as the Administrator may of the presiding officer, be ground for ing statement shall be served upon the appoint or designate for that purpose. the striking out of all testimony previ­ protestant, and the protestant shall be Any such appointment or designation ously given by such witness on related given a reasonable opportunity to pre­ may be made or revoked at any time. matters. sent evidence in rebuttal thereof. (b) The oral hearing shall be con­ § 1300.237 Stenographic report of oral § 1300.227 Inclusion of material in the ducted in such manner as will permit the hearing. A stenographic report of the record by the Administrator. The Ad­ protestant or petitioner to present evi­ oral hearing shall be made, a copy of ministrator shall include in the record dence and argument to the fullest extent which shall be available for inspection of the proceedings on the protest such compatible with expeditious decision of during business hours in the office of evidence, in the form of affidavits or the issues. To this end: the Secretary, Office of Price Adminis­ otherwise, as he deems appropriate in (1) The rules of evidence prevailing tration, Washington, D. C., or in the ap­ support of the provision against which in courts of law or equity shall not be propriate regional office or defense-rental controlling; and area office. the protest is filed. When such evidence (2) The presiding officer, having due is incorporated into the record, and is OPINION AND TRANSCRIPT ON PROTESTS not so incorporated at an oral hearing, regard to the need for expeditious de­ copies thereof shall be served upon the cision and for fair treatment to the § 1300.238 Opinion denying protest in protestant, and the protestant shall be protestant or petitioner, may restrict oral whole or in part. In the event that the given a reasonable opportunity to pre­ argument and the examination and Administrator denies any protest in sent evidence in rebuttal thereof. cross-examination of witnesses: Provid­ whole or in part, he shall inform the ed, That in no event shall this section protestant of the grounds upon which § 1300.228 Consolidation of protests. be construed to limit the right of the such decision is based, and of any eco­ Whenever necessary or appropriate for protestant or petitioner to submit affi­ nomic data and other facts of which the the full and expeditious determination davits or other written evidence or argu­ Administrator has taken official notice. of common questions raised by two or ments. Any order entered in such protest pro­ more protests the Administrator may § 1300.233 Filing of briefs. The pre­ ceedings shall be effective from the date consolidate such protests. siding officer shall allow the protestant or of its issuance unless otherwise provided ORAL HEARINGS petitioner to file briefs or written argu­ in such order. •§ 1300.229 Requests for oral hearing. ments within such time as he shall desig­ § 1300.239 Treatment of protest as Any protestant or petitioner may request nate. petition for amendment or for adjust­ an oral hearing. Such request shall be § 1300.234 Subpoenas, (a) Any pro­ ment or other relief. Any protest filed accompanied by a showing as to why the testant or petitioner may apply for a against a provision of a maximum rent filing of affidavits or other written evi­ subpoena in connection with an oral regulation may, in the discretion of the dence and briefs will not permit the fair hearing. Applications for subpoenas Administrator, be treated not only as a 530 FEDERAL REGISTER, Thursday, January 14, 1943

protest but also as a petition for amend­ of the Office of Price Administration: § 1300.248 Secretary: Office hours. ment of the regulation protested, or as the Administrator, the general counsel, The office of the Secretary, Office of a petition for adjustment or other relief any associate or assistant general coun­ Price Administration, Washington, D. C., pursuant thereto, when the facts pro­ sel, any regional attorney, any regional shall be open every day except Sunday duced in connection with the protest rent attorney, any chief attorney for a from 9 a. m. until 5 p. m. Any person justify such treatment. State or district or defense-rental area desiring to file any papers, or to inspect § 1300.240 „ Transcript for judicial re­ office, and any district rent attorney: any documents filed with such office at view. The transcript for judicial review Provided, That interpretations of gen­ eral applicability shall be given only by any time other than the regular office shall include: hours stated, may file a written applica­ (a) The designation of the defense- the Administrator, the general counsel, rental area; or any associate or assistant general tion with the Secretary, requesting per­ (b) The rent declaration; counsel. mission therefor. (c) The maximum rent regulation or § 1300.244 Revocation or modification § 1300.249 Confidential information, order against a provision of which the of interpretations. Any official inter­ inspection of documents filed with Sec­ protest was filed; pretation, whether of general applicabil- retary. Protests and all papers filed by. (d) The protest; ity'or otherwise, may be revoked or mod­ protestants in connection therewith are (e) A statement setting forth, as far ified by a publicly announced statement public records, open to inspection in the as practicable, the economic data and by any official authorized to give inter­ office of the Secretary upon such rea­ other facts of which the Administrator pretations of general applicability or by sonable conditions as the Secretary may has taken official notice; and a statement or notice by the Adminis­ prescribe. Except as provided above, (f) Such other portions of the pro­ trator or general counsel published in confidential information filed with the the F ed er a l R e g is t e r . An official inter­ Office of Price Administration will not ceedings in connection with the protest pretation addressed to a particular per­ be disclosed, unless the Administrator as are material under the complaint. son may also be revoked or modified at determines the withholding thereof to SUBPART D— INTERPRETATIONS any time by a statement in writing be contrary to the interests of the na­ mailed to such person and signed by the tional defense and security. § 1300.241 Interpretations. An inter­ general counsel or any associate or as­ pretation given by an officer or employee- § 1300.250 Former employees not to sistant general counsel. An official in­ be representative. No former officer or of the Office of Price Administration with terpretation addressed to a particular respect to any provision of the act or any employee of the Office of Price Adminis­ person by a regional attorney, a regional tration shall, within two years after the maximum rent regulation or order there­ rent attorney, or a chief rent attorney under, will be regarded by the Office of for a defense-rental area office may also termination of his employment, be per­ Price Administration as official only if be revoked or modified at any time by a mitted to act as agent, attorney, or rep­ such interpretation was requested and statement in writing mailed to such per­ resentative of any person in connection issued in accordance with §§ 1300.242 to son and signed by the attorney who is­ with any protest, petition for amend­ 1300.244, inclusive, of this regulation. sued it or by his successor. ment, application for review, petition for Action taken in reliance upon and in adjustment or other relief or other pro­ conformity with an official interpretation SUBPART E— MISCELLANEOUS PROVISIONS AND ceeding before the Office of Price Admin­ and prior to any revocation or modifi­ DEFINITIONS istration: Provided, That this provision cation thereof or to any superseding § 1300.245 Filing of notices, etc. All shall not be Construed to prohibit a per­ thereof by regulation, order or amend­ notices, reports, registration statements son who performs services for the Office ment, shall constitute action in good and other documents which a landlord of Price Administration without pay, or faith pursuant to the provision of the is required to file pursuant to the pro­ as a part-time employee, from acting as act, or of the regulation or order to visions of any maximum rent regulation such agent, attorney, or representative which such official interpretation relates. shall be filed with the appropriate de­ in a matter which was not pending be­ An official interpretation shall be appli­ fense-rental area office, unless otherwise fore the Office of Price Administration cable onjy with respect to the particular during the period of employment of such provided in such maximum rent regula­ person. persdn to whom, and to the particular tion or in this regulation. factual situation with respect to which, § 1300.251 Definitions. As used in it is given unless issued as an interpre­ § 1300.246 Service of papers. Notices, this regulation, unless the context other­ tation of general applicability. orders and other process and papers may be served personally or by leaving a copy wise requires, the terms: . § 1300.242 Requests for interpreta­ thereof at the residence or principal of­ (a) “Act” means the Emergency tions: Form and contents. Any person fice or place of business of the person to Price Control Act of 1942 (Public Laws desiring an official interpretation of the be served, or by mail, or by telegraph. 421, 77th Cong.). Emergency Price Control Act of 1942, or When service is made personally or by (b) “Administrator” means the Price of any maximum rent regulation or order leaving a copy at the residence or prin­ Administrator of the Office of Price Ad­ thereunder, shall make a request in cipal office or place of business, the veri­ ministration or such person or persons writing for such interpretation. Such re­ fied return of the person serving or leav­ as he may appoint or designate to carry quest shall set forth in full the factual ing the copy shall be proof of service. out any of the duties delegated to him by situation out of which the interpretative When service is by registered mail or the Act. ' question arises and shall, so far as prac­ telegraph the return post office receipt (c) “F ed er a l R e g is t e r ” means the ticable, state the names and post office or telegraph receipt shall be proof of publication provided for by the Act of addresses of the persons and the location service. When service is by unregis­ July 26, 1935 (49 Stat. 500), as amended. of the housing accommodations involved. tered mail, an affidavit that the docu­ (d) “Maximum rent regulation” If the inquirer has previously requested ment has been mailed shall be proof of means any regulation establishing a an interpretation on the same or substan­ service. maximum rent. tially the same facts, his request shall (e) “Maximum rent” means the maxi­ so indicate and shall state the official § 1300.247 Action by representative. mum rent established by any maximum or office to whom his previous request Any action which by this regulation is rent regulatipn or order for the use of was addressed. No interpretation shall required of, or permitted to be taken by housing accommodations within any de­ be requested or given with respect to any a landlord may, unless otherwise ex­ fense-rental area. hypothetical situation or in response to pressly stated, be taken on his behalf by (f) “Date of issuance,” with respect to any hypothetical question. any person whom the landlord has by a maximum rent regulation, means the written power of attorney authorized to date on which such maximum rent regu­ § 1300.243 Interpretation to be writ­ represent him. Such power of attorney, lation is filed with the Division of the ten: Authorized officials. Official inter­ signed by the landlord, shall be filed at Federal Register. pretations shall be given only in writing, the time such action on his behalf-is (g) “Person” includes an individual, signed by one of the following officers taken. corporation, partnership, association, or FEDERAL REGISTER, Thursday, January 14, 1943 531 any other organized group of persons, or iion shall become effective February 1, (b) * * * legal successor or representative of any 1943. (2) F. o. b. mill basis. Where ship­ of the foregoing, and includes the United Issued this 12th day of January 1943. ments of toilet tissue are made on an States or any agency thereof, or any f. o. b. mill basis the manufacturer’s other government, or any of its political L e o n H e n d e r s o n , maximum price, which in no event may subdivisions, or any agency of any of the Administrator. exceed the prices charged by the manu­ foregoing. {F. R. Doc, 43-610; Filed, January 12, 1943; facturer during March, 1942, shall be (h) “Protestant” means a person sub­ 4:46 p. m.J computed in accordance with the provi­ ject to any provision of a maximum rent sions of paragraph (a) (1) of this section, regulation or order who files-a-protest in except that $0.12 must be deducted from accordance with Section 203 (a) of the the applicable price factor. Freight Act. P art 1347—P aper, P aper P roducts, R aw charges to the point of delivery may be (i) “Landlord” includes an owner, M aterials for P aper P roducts, P rint­ added to the resulting f. o. b. price: Pro­ lessor, sublessor, assignee or other person ing and P ublishing vided, That in no event shall such maxi­ receiving or entitled to receive rent for [MPR 266,1 Amendment 2] mum price, including freight charges, the use or occupancy of any housing ac­ exceed the maximum zone price which commodations, or an agent of any of the CERTAIN TISSUE PAPER PRODUCTS would apply at the given destination. foregoing. A statement of »the considerations in­ * * * * * (j) “Tenant" includes a subtenant, volved in the issuance of this amendment (4) Provisions for determining maxi- lessee, sublessee, or other person entitled has been issued simultaneously herewith num prices for sales to the Army, Navy to the possession or to the use or oc­ and has been filed with the Division of or Lend-Lease Administration under cupancy of any housing accommodations. the Federal Register.* certain conditions, (i) Any manufac­ (k) “Housing accommodations” means The last sentence in § 1347.510, sub- turer who, prior to the effective date of any building, structure, or part thereof, paragraph (12) of § 1347.512 (a), in Maximum Price Regulation No. 266, had or land appurtenant thereto, or any § 1347.515, subparagraph (2) of para­ agreed, offered, or contracted to supply - other real or personal property rented graph (b), subparagraph (5) of para­ toilet tissue to the Army, Navy, Lend- or offered for rent for living or dwelling graph (d), and subparagraph (5) of Lease Administration or any other purposes, together with all privileges, § 1347.516 (c) are amended; subpara­ agency of the United States under services, furnishing, furniture, equip­ graph (24) is added to § 1347.512 (a), in “Emergency Alternate Federal Specifi­ ment,-facilities and improvements con­ § 1347.515 subparagraphs (4) and (5) are cation E-UU-P-556b” at prices in excess nected with the use or occupancy of such added to paragraph (b) apd subdivisions of the maximum prices established un­ property. (1) and (ii) are added to paragraph (c) der paragraph (b) (2) above, must ad­ (l) “Defense-rental area” means the (2) , a sentence is added to subparagraph just such prices to conform with these District of Columbia and any area desig­ (5) of paragraph (c) ; in § 1347.516, sub- provisions. Such manufacturer may nated by the Administrator as an area paragraph (2) is added to paragraph (a), make additional charges for the net dif­ where defense activities have resulted or subparagraphs (3) and (4) are added to ference in cost of casing materials, in­ threaten to result in an increase in the paragraph (b), and subdivision (i) and cluding metal strapping where such rents for housing accommodations in­ (ii) are added'to paragraph (c) (2) as strapping is specified, if the f. o. b. mill consistent with the purposes of the Act. set forth below: price, without the addition of such (m) “Rent director” means the per­ charges, does not cover his manufactur­ son designated by the Administrator as § 1347.510 Relief for signatories of ing costs plus the weighted average mar­ director of any defense-rental area or voluntary agreements. gin of profit realized during 1942 from such person or persons as may be desig­ * * * If, within 21 days aftqr the the sale of his largest volume industrial nated to carry out any of the duties filing of the petition, such petition has toilet tissue item at a carload price es­ delegated to the rent director by the not been denied by the Office of Price tablished by this regulation. Such man­ Administrator. Administration, the manufacturer may ufacturer desiring to make such addi­ (n) “Regional administrator” means sell at such price, subject to non-retro- tional charges shall file with the Office the person designated by the Adminis­ active adjustment by this Office; Pro­ of Price Administration a statement that trator as administrator of any regional vided, That the manufacturer shall for a he had not prior to November 26, 1942, office established by the Office of Price period of 60 days attach to all billings on offered, agreed or contracted to supply Administration or such-person or per­ such sales made to distributors a copy of such toilet tissue at the maximum prices sons as may be designated to carry out paragraph (c) (2) (i) of § 1347.515 and provided in paragraph (b) (2) above, or any of the duties delegated to the paragraph (c) (2) (i) of § 1347.516. less, and a detailed statement in affidavit regional administrator by the Admin­ § 1347.512 Definitions, (a) W hen form of all the costs of producing such istrator. tissue, including such adidtional charges, used in this Maximum Price Regulation and a proposed^ maximum f. o. b. mill § 1300.252 Amendment of this regu­ No. 266 the term; ***** price, which may in no event exceed his lation. Any provision of this regulation manufacturing costs plus the weighted may be amended or revoked by the Ad­ (12) “Toilet tissue” includes all tis­ average margin of profit realized during ministrator at any time. Such amend­ sue papers, having a basis weight of 1942 from the sale of his largest volume ment or revocation shall be published 8 to 16 pounds, inclusive, (24 x 36—500), industrial toilet tissue item I t a carload in the F ed er a l R e g is t e r and shall take a square inch area per sheet of 16 to price established by this regulation. If, effect upon the date of its publication, 41 inches, inclusive, made from either within ten (10) days after such filing is unless otherwise specified therein. chemical pulp or mechanical pulp or a received in Washington, D. C., the pro­ § 1300.253 Effective date of Revised combination of tile two and designed for posed maximum price has not been dis- Procedural Regulation No* 3. Sections toilet use. approvetL or the time extended by letter 1300.209 and 1300.210 of this regulation ***** by the Office of Price Administration, the are applicable to petitions for adjust­ (24) “Prices charged for deliveries manufacturer may sell at such price sub­ ment or other relief which are denied during March, 1942”, shall have the same ject to non-retroactive adjustment by in whole or in part by the rent director, meaning as the phrase “highest price this Office. This provision shall also ap­ or to orders entered by the rent director xharged during March, 1942” in the Gen­ ply to manufacturers who did not bid or pursuant to § 1300.207 of this regulation, eral Maximum Price Regulation. make such offers, agreements or con­ on or after the effective date of this ***** tracts prior to the effective date of this regulation. Protests against such de­ § 1347.515 Appendix A: Maximum regulation. nials or orders entered prior to Febru­ prices for toilet tissue 4%" wide. (ii) Supplementary Order No. 34 shall ary 1,1943, shall be filed and acted upon * * • not apply to this Maximum Price Regu­ pursuant to the applicable provisions lation No. 266. of Procedural Regulation No. 3 as here­ »Copies may be obtained from the Office of (5) Manufacturers’ maximum prices tofore and such provisions are continued Price Administration. for sales made directly to industrial, in- in effect for this purpose. This regula- *7 F.R. ©335, 10714. x stitutional and commercial users, and to 532 FEDERAL REGISTER, Thursday, January 14, 1943 purchasers other than distributors. On ered by the General Maximum Price exceeding 150 per cent mark-up of the sales made directly to industrial, insti­ Regulation. cost to him of such cabinet or fixture. tutional and commercial users, and to (b) * * * Such charge shall be set forth in the purchasers other than distributors, a (3) F. o. b. mill basis. Where ship­ invoice or other evidence of sale, and manufacturer who, during the period of ments of paper towels are made on an may be amortized over a definite period October 1 to October 15, 1941, had an es­ f. o. b. mill basis the manufacturers’ of time. tablished practice of selling to such pur­ maximum price, which in no event may ***** chasers at prices in excess of those es­ exceed the prices charged by the manu­ § 1347>514a Effective dates of amend­ tablished for other classes of purchasers, facturer for deliveries during March ments. * * * may compute the maximum price for 1942, shall be computed in accordance such sales by multiplying the manufac­ with the provisions of paragraph (a) (1) (c) Amendment No. 2 (§§ 1347.510, turers’ maximum price, as established by of this section, except that $0.70 per 1347.512 (a) (12) and (24), 1347.515 (b)’ this regulation, by the lesser of the fol­ cwt. shall be deducted from the price. (2), (4) (i) and (ii), (5) (i) (ii), (c) lowing amounts: Freight charges to the point of delivery (2) (i) (ii), (c) (5), Cd) (5) 2, 1347.516 (1) The highest markup which, the may be added to the resulting f. o. b. (a) (2), (b) (3) (4) (i) (ii), (c) (2) (i) manufacturer applied to sales of toilet mill price: Provided, That in no event (ii) and (c) (5) to Maximum Price Reg­ tissue of a given grade to a purchaser shall such maximum price, including ulation No. 266 shall become effective of the same class during the period of freight charges, exceed the maximum January 12, 1943 October 1 to October 15, 1941 or zone price which would apply at the (Pub. Laws 421 and 729, 77th Cong.; E O (ii) The markups permitted paper given destination. 9250, 7 F.R. 7871) merchants in § 1347.515 (c) (2). (4) Maximum prices for sales to in­ In no event may the resulting maxi­ dustrial, institutional and commercial Issued this 12th day oi January 1943. mum price exceed the highest price users and to purchasers other than dis­ Leon Henderson, charged for such sales made during tributors. On sales made directly to in­ Administrator. March 1942. dustrial, institutional and commercial [F. R. Doc. 43-612; Filed, January 12, 1943; (c) Distributors' maximum p r ic e s . users or to purchasers other than dis­ 4:40 p. :a.] * He * tributors, a manufacturer who, during (2) * * * the period of October 1 to October 15, (i) Where a distributor purchases 1941, had an established practice of sell­ toilet tissue from a manufacturer whose ing to such purchasers at prices in ex­ P art 1351—F ood and Food P roducts petition under § 1347.510 has not been cess of those established for other classes denied by the Office of Price Administra­ of purchasers, may compute the maxi­ [MPR 238,] Amendment 8] tion, such distributor, upon receipt of the mum price for such sales by multiplying notice provided for in such section, need the manufacturer’s maximum price as ADJUSTED AND FIXED MARK-UP REGULATION not be restricted by his own March 1942 established by this regulation by the FOR SALES OF CERTAIN FOOD PRODUCTS AT price for sales to such toilet tissue, ex­ lesser of the following amounts: RETAIL cept that the resulting maximum price (1) The highest mark-up which the A statement of the considerations in­ shall not be in excess of the March 1942 manufacturer applied to sales of paper volved in the issuance of Amendment price charged for deliveries of the same towels of a given grade to a purchaser No. 8 to Maximum Price Regulation or similar commodity by his most closely of the same class during the period of No. 238 has been issued and filed with competitive seller of the same class. October 1 to October 15, 1941; or the Division of the Federal Register.* (ii) In the event that the mark-up as (ii) The mark-ups permitted paper Two new §§ 1351.608a and 1351.608b determined under paragraph (c) (1) merchants in § 1347.516 (c) (2). are added to read as set forth below: and (2) above is less than 85% of the In no event may the resulting maxi­ mark-up set forth in paragraph (c) (1) mum price exceed the highest price § 1351.608a How a new retailer deter­ above, the maximum price shall be com­ chained for such sales made during mines his maximum prices under this puted by multiplying the manufacturer’s March, 1942. regulation—(a) How a new retailer de­ maximum price by 85% of such mark-up * * * * * termines his classification. A retailer set forth in paragraph (c) (1). (c) Distributors’ maximum prices. who opens a new retail outlet subsequent * * * * # * * * to the effective date of this regulation * (5) * * * Such charge shall be set (2) * * * shall, for the purpose of this regulation, forth in the invoice or other evidence of (i) Where a distributor purchases pa­ be classified as a Class^l retailer, unless sale, and may be amortized over a defi­ per towels from a manufacturer whose the new retailer is a member of a chain, nite period of time. petition under § 1347.510 has not been in which case he shall be classified as ♦ * * * * denied by the Office of Price Administra­ a Class 4 retailer.

Part 1394—R ationing of Fuel and F uel to paragraph (d) (2) of Limitation Order such redemption) equal in gallonage Products L-56, or paragraphs (f) and (g) of value to the coupons or other evidences, [Ration Order 11,* Amendment 24] § 1394.5653; or delivery receipts, which the consumer (v> The gallonage value of the cou­ was required to surrender to the appli­ FUEL OIL RATIONING REGULATIONS pons or other evidences, or delivery re­ cant. ceipts, which the consumer has failed to A rationale for this amendment has surrender in exchange for such trans­ (7) Each dealer or supplier who has been issued simultaneously herewith and fers; applied for an exchange certificate pur­ has been filed with the Division of the (vi) The efforts made by the applicant suant to subparagraph (4) of this para­ Federal Register.* to obtain such coupons or other evi­ graph shall immediately forward to the In § 1394.5653, subparagraph (3) of dences, or delivery receipts, and the Board to which such applications has paragraph (f) is amended by deleting reasons for the consumer’s failure to been made all coupons or other evidences, the period after the word “transferred” surrender them to him; or delivery receipts, surrendered to him and by adding after the word “trans­ (vii) That the consumer’s coupon by the consumer pursuant to § 1394.5604 ferred” the phrase “unless he receives a notes or written receipts or both, are (d) or subparagraph (3) of this para­ notice pursuant to subparagraph (8) of attached to the statement, and in tffe graph after the execution of such appli­ this paragraph,” and a period is inserted event any is not attached, the reasons cation. after the word “paragraph”, subpara­ for the absence thereof and the other (8) After furnishing an exchange graph (4) is amended, and new subpara­ proof, if any, of the statements made in certificate pursuant to subparagraph (6) graphs (5), (6), (7), (8), (9) and (10) subdivision (iv) of this subparagraph. of this paragraph, the Board shall are added to paragraph (f); in § 1394.- (5) The applicant shall submit with promptly notify in writing the consumer 5707 (b), subparagraphs (3) and (4X are his statement: to surrender to the Board, within ten amended and new subparagraphs (5), (i) The unredeemed coupon note exe­ (10) days from the date of such notice, (6), (7), (8), (9), (10),(11) and (12) are cuted by the consumer, pursuant to para­ the coupons or other evidences, or deliv­ added thereto; and a new paragraph (x) graph (d) (2) of Limitation Order L-56; ery receipts, which the consumer was re­ has been added to § 1394.5902; as set or quired to surrender to the dealer or sup­ forth below: (ii) The written receipt of the con­ plier pursuant to § 1394.5604 (b) or sub- Restrictions on Transfers to and by sumer delivered pursuant to subpara­ paragraph (3) of this paragraph or to Consumers graph (2) of this paragraph; or show good cause for his failure to com­ (iii) If the consumer failed to execute ply. The Board also shall promptly mail § 1394.5653 Transfers to consumers in the applicant’s signed receipt to the exchange for coupons. * * * a coupon note or to deliver a/written * * # receipt (as the case may be) , such other Board with which he is registered. written proof in support of the statement (9) Every consumer who receives a no­ (4) Any dealer or supplier who has as the Board may require. tice pursuant to subparagraph (8) of made a transfer of fuel oil pursuant to this paragraph shall comply therewith. paragraph (d) (2) of Limitation Order (iv) A written receipt, unsigned, bear­ ing the applicant’s registration number, Upon surrender of coupons or other evi­ L-56, or pursuant to this paragraph or dences, or delivery receipts, by the con­ paragraph (g), to a consumer who' has acknowledging the receipt from the Board by the applicant of an exchange sumer, the Board shall make the entries failed to surrender coupons or other evi­ required by §§ 1394.5653 or 1394.5655, as dences, or delivery receipts, as required certificate (or certificates) of the gallon- age requested in the application, which the case may be. by paragraph (d) of § 1394.5604 or sub- (10) The Board may report to the paragraph (3) of this paragraph, which­ receipt may be substantially in the fol­ lowing form: State or District Office of the Office of ever is applicable, shall, on January 14, Price Administration, having jurisdiction 15, dr 16, 1943, apply in writing to the I (we) ------hereby acknowl- of the area in which the Board is located, Board which issued a ration to such con­ (insert name) the name and address of any consumer sumer, or to which the consumer applied edge receipt from War Price and Rationing who has accepted a transfer pursuant to for a ration, or, if the consumer failed to Board N o ._:_____ an Exchange Certificate paragraph (d) (2) of Limitation Order apply for a ration, to the Board having (or Certificates) fo r _____ gallons of fuel oil in redemption of coupon notes or credits. L-56, or paragraph (g) or this para­ jurisdiction of the area in which the con­ graph, and has failed to redeem as re­ sumer’s /-premises is located, for an ex­ (For signature)/ quired by § 1394.5604 (d) or this para­ change certificate or certificates (Form graph: Provided, That the Board shall OPA R-1118) equal in gallonage value (v) An unsealed envelope addressed to report to such State or District Office the to the coupons or other evidences, or the Board with which the applicant is name and address of any consumer ac­ delivery receipts, which the consumer registered, with the required postage cepting apy such transfer who has failed has failed to surrender. (The applicant affixed thereto. not only to make such surrender but to may include two (2) or more consumers (6) If the Board is satisfied that the show good cause for his noncompliance in one application if all such consumers applicant has made a transfer of fuel oil with any of the provisions of this para­ are within the jurisdiction of the same to the consumer pursuant to paragraph graph. Board.) The applicant shall state: (d) (2) of Limitation Order L-56, or ***** (i) His name, firm name, business ad­ paragraphs (f) and (g). of § 1394.5653, dress and type of business; and that the consumer has failed to sur­ Restrictions on Transfers to Dealers (ii) The address and number of the render coupons or other evidences, or and Suppliers Board with which he is registered and delivery receipts, as required by § 1394.- § 1394.5707 Restrictions on trans- his registration^ number; 5604 (b) or subparagraph (3) of this fers. * * * (iii) The name and address of the con­ section, the Board shall determine the (b) * * * sumer; amount of fuel oil so transferred for (3) Any dealer who received a trans­ (iv) The amount of fuel oil trans­ which the consumer failed to surrender fer of fuel oil pursuant to paragraph (e) ferred by him to such consumer pursuant coupons or other evidences, or delivery (1) of Limitation Order L-56, or pur­ receipts. The Board shall then furnish suant to paragraph (c) or this paragraph ♦Copies may be obtained from the Office of the applicant upon his signing the re­ shall, on or before January 18,1943, sur­ Price Administration. ceipt referred to in subdivision (iv) of render to the transferor coupons or other 1 7 P.R. 8480, 8708, 8809, 8897, 9316, 9396, subparagraph (5), an exchange certifi­ evidences, or exchange certificates fur­ 9492, 9427, 9430, 9621, 9784, 10153, 10081, cate or certificates (prepared and signed nished pursuant to subparagraph (6) of 10379, 10530, 10531, 10780, 10707, 11118, 11071; as provided in § 1394.5723 and contain­ § 1394.5653 (f), equal in gallonage value 8 P.R. 165, 237. ing an appropriate notation referring to to the amount of fuel oil so transferred. No. 9----- 4 536 FEDERAL REGISTER, Thursday, January 14, 1943

(4) Any secondary supplier or primary the transferee was required to surrender to obtain such surrender is due to the supplier who has made a transfer of fuel to the applicant. If the applicant is a termination of the transferee’s opera­ oil to a dealer pursuant to paragraph (e) secondary supplier, the Board shall tions or to other justifiable cause, the (1) of Limitation Order L-56., or para­ promptly mail his signed receipt to the Board shall determine the amount of fuel graph (c) or this paragraph, for which Board with which he is registered. oil so transferred for which the trans­ thp dealer has failed to surrender cou­ (7) Any secondary supplier who, pur­ feree failed to surrender coupons, or pons or other evidences, or exchange cer­ suant to paragraph (e) (1) of Limita­ other evidences, or exchange certificates. tificates furnished pursuant to subpara­ tion Order L-56, or paragraph (c) or The Board shall then furnish the appli­ graph (6) of § 1394.5653 (f) shall, on this paragraph, received a transfer of cant an exchange certificate or certifi­ January 22 or 23, 1943, apply in writing fuel oil from a primary supplier shall, cates (prepared and signed as provided to the Board with which the dealer is on or before January 25,1943, surrender in § 1394.5723 and containing an appro­ registered for an exchange certificate or to the transferor coupons or other evi­ priate notation referring to such re­ certificates (Form OPA R-1118) equal in dences, or exchange certificates, equal demption) equal in gallonage value to the gallonage value to the coupons or other in gallonage value to the amount of fuel coupons or other evidences, or exchange evidences, or exchange certificates, which oil so transferred. certificates, which the transferee was the dealer failed to surrender pursuant (8) Any primary supplier who has required to surrender to the applicant. to subparagraph (3). of this paragraph. made a transfer of fuel oil to a second­ (11) Every supplier who has applied (The' applicant may include two (2) or ary supplier pursuant to paragraph for an exchange certificate pursuant to more dealers in one application if all such (e) (1) of limitation Order L-56, or subparagraphs (4) or (8) of this para­ dealers are registered with the same paragraph (c) or this paragraph, for graph shall forward to the Board to which the secondary supplier has failed which the application has been made~all Board.) The applicant shall state: coupons or other evidences, or exchange (i) His name, firm name, business ad­ to surrender coupons or other evidences, or exchange certificates furnished pur­ certificates, surrendered to him by the dress and type of business; transferee pursuant to § 1394.5604 (d) (ii) The address and number of the suant to subparagraph (6) of this para­ graph shall, on January 29 or 30, 1943, or this paragraph after the execution Board with which he is registered, and of such application. his registration number; apply in writing to the Board with which the secondary supplier is registered for ( 12 ) After furnishing an exchange cer­ (iii) -The name and address of the tificate pursuant to subparagraphs (6) dealer accepting such transfer; an exchange certificate or certificates (Form OPA R^1118) equal in gallonage or (10) of this paragraph, the Board shall (iv) The amount of fuel oil transferred promptly thereafter notify in writing by foim to such dealer pursuant to para-^ value to the coupons or other evidences, or exchange certificates,' which the sec­ the dealer or secondary supplier to sur­ graph (e) (1) of Limitation Order L-56, render to the Board, within ten (10) or paragraph (c) or this paragraph; ondary supplier failed to surrender pur­ suant to subparagraphs (3) of' (7) of days, the coupons or other evidences, or (v) The gallonage value of the cou­ this paragraph. (The applicant may exchange certificates, which the dealer pons or other evidences, or exchange cer­ include two (2) or more secondary sup­ or supplier was required to surrender tificates, which such dealer failed to sur­ pliers in one application if all such sec­ pursuant to § 1394.5604 (d) or subpara­ render in exchange for such transfers; ondary suppliers are registered with the graphs (3) or (7) of this paragraph or Cvi) The efforts made by the applicant same Board.) The applicant shall show good cause for his failure to do so. to obtain such -coupons or other evi­ state: Every dealer or supplier who receives dences, or exchange certificates, and the (i) His name, firm name, business ad­ such notice shall comply therewith or reasons, if any, for the failure of the dress and type of business; show good càuse for his failure to com­ dealer to surrender them to him. (ii) The address and number of the ply. The Board may report to the State (5) The applicant shall submit with Board with which he is registered and or District Office of the Office of Price his statement the coupon notes or the his registration number; Administration having jurisdiction of written receipts of the dealer delivered (iii) The name and address of the the area in which the Board is located respectively pursuant to paragraph (e) secondary supplier accepting such the name and address of any dealer or (1) of Limitation Order L-56, or sub- transfer; supplier who has accepted a transfer paragraph (2) of this paragraph, and, (iv) The amount of fuel oil trans­ pursuant to paragraph (e) (1) of Limi­ if applicant is a secondary supplier, a ferred by him to such supplier pursuant tation Order L-56, or paragraph (c) or receipt and envelope, as specified in sub­ to paragraph (e) (1) of Limitation Or­ this paragraph, and who has failed to divisions (iv) and (v) of § 1394.5653 (f) der L-56, or paragraph (c) or this para­ surrender coupons or other evidences as (5). required by § 1394.5604 (d) or this para­ (6) If the Board is satisfied that the graph; graph: ¡Provided, That the Board shall applicant has made a transfer of fuel (v) The gallonage value of the coupons report to such State or District Office oil to a dealer pursuant to paragraph or other evidences or exchange certifi­ the name and address of any dealer or (e) (1) of Limitation Order L-56, or cates, which such supplier failed to sur­ supplier accepting any such transfer who paragraph (c) or this paragraph, and render in exchange for such transfers; has failed not only to make such sur­ the transferee has failed to surrender - (vi) The efforts made by the applicant render but to show good cause for his coupons or other evidences, or exchange to obtain such coupons or . other evi­ omission to do so. certificates, as required by subparagraph dences, or exchange certificates, and the * * * • • - reasons, if any, for the failure of the (3), and the Board finds that the failure Effective Date of the applicant to obtain such sur­ supplier to surrender them to him. render is due to the termination of the (9) The applicant shall submit with § 1394.5902 Effective dates of correc­ transferee’s operations or to other justi­ his statement the coupon note or the tions and amendments.» * * * fiable cause, the Board shall determine written receipt of the transferee deliv­ (x) Amendment No. 24 (§§ 1394.5653 the amount of fuel oil so transferred for ered respectively pursuant to paragraph and 1394.5707) to Ration Order No. 11 which the transferee failed to surrender (e) (1) of Limitation Order L-56, or shall become effective January 12, 1943. subparagraph (2) of this paragraph. coupons, or other evidences, or exchange (Pub. Law 671, as amended by Pub. Laws certificates. The Board shall then fur­ (10) If the Board is satisfied that the 89, 471 and 507; W.P.B. Dir. 1, 7 F.R. nish the applicant, upon his signing the applicant has made a transfer of fuel 562, Supp. Dir. 1-0, 7 F.R. 8418; E.O. receipt referred to in subparagraph (5), oil to a secondary supplier pursuant to (if a secondary supplier) an exchange paragraph (e) (1) of Limitation Order 9125, 7 F.R. 2719) certificate or certificates (prepared and L-56, or paragraph (c) or this para­ Issued this 12th day of January 1943. signed as provided in § 1394.5723 and graph, and the transferee has failed to L e o n H e n d e r so n , containing an appropriate notation re­ surrender coupons or other evidences, or Administrator. ferring to such redemption) equal in exchange certificates, as required by gallonage value to coupons or other evi­ subparagraph (3) or (7), and the Board ,[F. R. Doc. 43-613; Filed, January 12, 1943; dences or exchange certificates, which finds that the failure of the applicant 4:40 p. m.] FEDERAL REGISTER, Thursday, January 14> 1943 537

Part 1499—Commodities and Services prices by applying either inferior subdi­ P art 1499—Commodities and Services [Amendment 85 to Supp. Reg. 141 to GMPR5] vision (a) or inferior subdivision (b) which follow: [MPR 188,1 Amendment 4] COFFEE AND COFFEE COMPOUNDS SOLD IN NEW CONTAINERS (a) The manufacturer shall subtract MANUFACTURERS’ MAXIMUM PRICES FOR from his maximum price for coffee SPECIFIED BUILDING MATERIALS AND CON­ A statement of the considerations in­ SUMERS’ GOODS OTHER THAN APPAREL volved in the issuance of this amendment packed in metal or glass container two has been issued simultaneously herewith and three-fourths (2%^) cents per A statement of considerations involved and filed with the Division of the Federal pound; or in the issuance of this amendment is­ Register.* Two sentences are added to (b) The manufacturer shall sued simultaneously herewith has been the text of subparagraph (7) of § 1499.73, (1) Subtract from his maximum price filed with the Division of the Federal and a new subparagraph (53) is added to for the coffee in the metal or glass con­ Register.* paragraph (a) of § 1499.73 as set forth tainer the “direct cost” of that con­ below: tainer, and Section 1499.152 (a) (1), paragraphs (2) Add to this figure the “direct cost” (b) and (c) of § 1499.153 and § 1499.166, § 1499.73 Modification of maximum of the new paper or cardboard container. Appendix A, are amended, and § 1499.- prices established by § 1499.2 of General “Direct cost” means delivered cost of the 165a (d) is added, all as set forth below: Maximum Price Regulation for certain container, label, cap and outgoing ship­ § 1499.152 Prohibition against deal­ commodities, services, and transactions. ping carton, but it does not include cost (a) The maximum prices established by of filling, closing, labeling or packing. ing in certain articles of building mate­ § 1499.2 of the General Maximum Price If this addition results in a fraction, it rials and consumers’ goods above maxi­ Regulation for commodities, services and shall be raised or lowered to the nearest mum prices, (a) On and after August transactions listed below are modified as quarter cent. 1, 1942, regardless of any contract or hereinafter provided: The higher of these resulting figures other obligation: (7) Food products sold in new contain­ shall be the manufacturer’s maximum (1) No manufacturer of an article set ers: * * * price for coffee or coffee compound in forth in Appendix A (§ 1499.166) of this This subparagraph (7) shall not apply the new container. Maximum Price Regulation No. 188 shall to coffee and coffee compounds sold in (ii) Sales by wholesalers and retail­ sell or deliver such article at a price new containers. For coffee and coffee ers. A seller at wholesale or retail of higher than the maximum price permit­ compounds sold in new containers, see coffee or coffee compound for which the ted by this Maximum Price Regulation subparagraph (53) of paragraph (a) of maximum price has been determined by No. 188; and this section. the roaster in accordance with the pro­ ***** * * * * * visions of this subparagraph, shall deter­ § 1499.153 Maximum prices for arti­ (53) Coffee and coffee compounds mine his maximum price by applying the sold in new containers. This subpara­ provisions of Maximum Price Regulation cles of building materials and consumer s’ graph establishes maximum prices for No. 237, if he is a wholesaler, and Maxi­ goods finally priced before August 1, brands of coffee or “coffee compounds” mum Price Regulation No. 238 if he is a 1942. * * * which were delivered or offered for de­ retailer. (b) Articles priced on and after April livery during March, 1942 in a metal or (iii) Report of prices. Within 30 days 1, 1942, and before August 1, 1942. (1) glass container but not in a paper or after determining a maximum price un­ The maximum price for any article listed cardboard container, and which now or der the provisions of this subparagraph, in § 1499.166, Appendix A of this Maxi­ in the future are sold in a paper or card­ the manufacturer shall report this price mum Price Regulation No. 188 as origi­ board container. A “coffee compound” to the Imported Foods Section, Office of nally issued on July 29, 1942, which was is, a blend of coffee with any other in­ Price Administration, Washington, D. C., not delivered or offered for delivery in gredient or ingredients in any propor­ in a statement which shall set forth (a) March 1942 by the manufacturer but tions. the brand and size of the coffee for for which a maximum price was finally This Amendment No. 85 supersedes which a maximum price is determined; subparagraph (7) to § 1499.73 (a) of (b) a brief description of the container determined in accordance with the pro­ Supplementary Regulation No. 14 to the in which the brand was delivered or of­ visions of the General Maximum Price General Maximum Price Regulation as fered for delivery in March and a de­ Regulation, Temporary Maximum Price to coffee and coffee compounds sold in scription of the new paper container, and Regulation No. 3 or No. 5 or any other new containers. (c) the maximum price or prices to each maximum price regulation issued by the “Maximum price” as used in this sub- class of purchaser for the brand in metal Office of Price Administration and which paragraph means the maximum price to or glass delivered in March and the was offered for sale before August 1,1942 a purchaser of the same class for the maximum price or prices to each class of (or which was offered for sale to the seller’s customary unit of sale whether purchaser for the brand in the new con­ United States or an Allied government per case, per dozen or per can, jar, bag tainer. before September 1, 1942) shall be the or the like. If the manufacturer computes his price price so determined. (i) Sales by manufacturers. Manu­ by applying (i) (b) above, his state­ (2) The maximum price for any article facturers shall compute their maximum ment shall contain the following addi­ first listed in § 1499.466, Appendix A of tional information: (d) the “direct cost” this Maximum Price Regulation No. 188 ♦Copies may toe obtained from the Office of the metal or glass container and (e) by an amendment to Maximum Price of Price Administration. the “direct cost” of the new paper or Regulation No. 188, issued after July 29, ‘ 7 P.R. 10231, 10294, 10346, 10381, 10480, cardboard container. 1942, which was not delivered or offered 10537, 10557, 10583, 10705, 10865, 11005, 5486, for delivery in March 1942 by the manu­ 5709, 5911, 6008, 6271, 6369, 6473, 6477, 6774, (b) Effective date. * * * 6775, 6776, 6793, 6887, 6892, 6939, 6965, 7Q11, (86) Amendment No. 85 (§ 1499.73 (a) facturer but for which a maximum price 7012, 7203, 7250, 7289, 7365, 7400, 7401, 7453, (1)) to Supplementary Regulation No. was finally determined in accordance 7510, 7511, 7535, 7536, 7538, 7604, 7671, 7739, 14 shall become effective January 18, with the provisions of the General Maxi­ 7812, 7914, 7946, 8024, 8199, 8237, 8351, 8358, 1943. mum Price Regulation, Temporary Max­ 8524, 8652, 8707, 8881, 8899, 8950, 8953, 8954, imum Price Regulation No. 3 or 5, or 8955, 9045, 9082, 8131, 9196, 9391, 9397, 9495, (Pub. Laws 421 and 729, 77th Cong.; E.O. any other maximum price regulation 9496, 9639, 9786, 9900, 9901, 10069, 10111, 9250, 7 F.R. 7871) issued by the Office of Price Administra­ 10122, 10151. Issued this 12th day of January 1943. tion and which was offered for sale be­ 17 P.R. 3153, 3330, 3666, 3990, 3991, 4339, fore the effective date of the amendment 4487, 4659, 4738, 5027, 5192, 5276, 5365, 5445, ■ - Leon Henderson, 5484, 5565, 5775, 5783, 5784, 6007, 6058, 6081, Administrator. first listing such commodity shall be 6216, 6615, 6794, 6939, 7093, 7322, 7454, 7758, the price so determined. 7913, 8431, 8881, 8942, 9004, 9435, 9615, 9616, [P. R. Doc. 43-615; Piled, January 12, 1943; 9732, 10155, 10454. _ - 4:41 p. m.] 17 F.R. 5872, 7967, 8943, 8948, 10155. 538 FEDERAL REGISTER, Thursday, January 14, 1943 Ornamental iron and sheet metal work: Stokers—Coal (except those having a capacity (c) Reports of maximum prices. On Air distribution ducts of 1200 lbs. per hour or more, covered by or before August 20, 1942 (or in the case Conductor pipe, elbows, shoes Maximum Price Regulation No. 136, as of sales to the United States Govern­ Doors (metal) amended) ment on or before November 1, 1942), Flashings and valleys Unit heaters: the manufacturer shall report to the Gratings and floorings (metal) Gas Gutters and eaves trough Hot water Office of Price. Administration, Washing­ Heads, funnels and accessories Steam ton, D. C., all maximum prices deter­ Louvers (metal)__ (iv) Plumbing: mined under paragraph (b) (1) of this * Miscellaneous sheet metal building prod­ Cast iron pressure pipe and fittings section which have not already been re­ ucts: Cast iron soil pipe and fittings (except as Batten strips (metal) covered by Revised Price Schedule No. 100, . ported in accordance with the provisions Building corners (metal) as amended) of the General Maximum Price Regula­ Chimney caps, etc. (metal) Fire fighting (standpipe) equipment: tion or Temporary Maximum Price Reg­ Rain water cut-offs Nozzles ulation No. 3 or 5, or any other maxi­ Pipe hangers, rest rollers and miscellane­ Play pipes mum price regulation issued by the Office ous piping accessories Racks Radiator enclosures (metal) Siamese (or steamer) connections of Price Administration. Such reports Ridge roll and accessories Wrenches shall contain a description of the articles Sash (metal) Hot water heaters: and shall indicate the method of deter­ Skylights (metal) Direct-fired, all types mining the maximum prices. All such Ties (metal) Indirect-fired, all types Timber connectors (metal) Plumbing fixtures and specialties: maximum prices shall be subject to ad­ Ventilators, sheet metal Accessories (if attached to plumbing fix­ justment (not to apply retroactively) at Weatherstrips (metal) tures) any time upon written order of the (iii) Heating and winter air conditioning: Basins Office of Price Administration. Boilers—heating, steam and hot water; bathtubs Cast iron—all types (except those covered - drains No reports need be filed with respect by Maximum Price Regulation No. 272) drinking fountains to m axim um prices determined under Steel—domestic and commercial (except Ferrules paragraph (b) (2) of this section. industrial boilers covered by Maximum Fixture trim or fittings Price Regulation No. 136, as amended) Grease interceptors § 1499.165a Effective dates of amend­ Boilers—hot .water supply: Laboratories ments. * * * Round or wet dome boilers (low test boil­ Mixing valves (d) Amendment No. 4 to Maximum ers 65 to 150 lbs. pressure) Sinks Price Regulation No. 188 (§§ 1499.152 (a) Flat top Tanks Round top Trays (1), 1499.153 (b), 1499.165a (d), and Round or sectional type (high test boilers Tubs 1499.166) shall be effective January 18, 250 to 350 lbs. pressure) Urinals 1943. Burners: Wash fountains Gas—all types (except industrial covered Wash sinks § 1499.166 Appendix A: Articles cov­ by Maximum Price Regulation No. 136, Waste connections ered by the regulation. The following - as amended) Water closets Oil—all types (except industrial burners Etc. articles of building materials and con­ Sprinkler system equipment: sumer goods shall be covered by this using No. 6 Oil or heavier) Coils: All types Maximum Price Regulation No. 188: Extended surface Tanks: (Defined as pressure vessels customarily Note: The articles listed below are not in­ Finned, etc. Controls—automatic—-for comfort condi­ prefabricated not exceeding 192 gallons tended to include (a) any commodity sub­ in capacity. ject to a specific maximum price regulation tioning, either heating or cooling Fuel oil storage tanks—domestic above Made of metal 12" BW1 gauge or thinner or price schedule in effect on August 1, 1942, ground installation (except those covered coated or uncoated or issued any time thereafter, or (b) any by Revised Price Schedule No. 96) lined or unlined commodity exempted from the General Furnaces, heating, warm air (cast iron or Fabricated from clay or clay products) Maximum Price Regulation by any supple­ steel): Expansion tanks mentary regulation thereto, in effect on Au­ Gravity Hot water storage tanks gust 1, 1942, or issued any time thereafter.. Fan furnace units only Pneumatic tanks Since the designations of some articles are Fan furnace burner units Range boilers broad enough in certain instances to sug­ Defense housing heater units Water filtering and treating equipment: gest that articles are included which are in­ Defense housing chimney heater units Domestic, all types. Floor furnaces (gas or oil type) (v) Valves and pipe fittings: tended to be excluded, other regulations Cocks—all types and pressure, made of brass, which might be applicable to the article or Furnace pipe and fittings: For gravity heating iron, steel, and other materials type of article have been indicated. Manu­ For forced air heating Fittings—pipe and tubing: facturers seUing articles listed below should, Furnace smoke pipe (7 inch and larger) All types and pressures before pricing their products in accordance Miscellaneous heating equipment: Brass (cast or forged) with this regulation, determine whether Air distribution outlets r Iron (cast or malleable) specific price regulations or regulations sup­ Registers: Steel (cast or forged) plementary to the General Maximum Price Cast (ferrous or non-ferrous) and all other materials Regulation have been issued subsequent to Fabricated steel Refrigeration the date of this regulation with respect to the Pipeless furnace- S. A. E.: articles so listed. Grilles: Flanged Cast (ferrous or non-ferrous) Screwed (a) Building materials. Fabricated steel Welding (1) Mechanical building materials and Air conditioning grilles All other evolutions of these basic types Steam and hot water heating specialties equipment. Radiation—cast iron (except as covered by (Except those covered under Maximum r€ * Hospital \ rials. Builders (except as covered by Revised Price (Radiant front (Richvar) Angle Schedule No. 40) Wall radiators Check Casket, shell Vento radiators Gate Furniture Convectors Globe Marine locks and hinges (and other related Conversion grates (except as covered by Refrigeration marine items) Revised Maximum Price Regulation No. SAB. Refrigerator All other evolutions of these basic types Showcase 236) FEDERAL REGISTER, Thursday, January 14, 1943 539

Valves—motor operated: Crushed Hstone: Colored sheet and opalescent Air Construction Cathedral Electric Metallurgical Structural and architectural“ Hydraulic Chemical Glass blocks (vi) Commercial refrigeration and summer Lightweight aggregates Other glass insulation products air conditioning: Cinders Ready-mixed concrete (vi) Gypsum board: Air conditioning units: Slate: Wall board (Portable over 1 h. p.) Structural slabs: Lath Cabinets: Electric Sheathing Frozen food (commercial type) Roofing Liner board Ice cream Dimension stone: Tile Cases: Refrigerated display Limestone Joint systems Coils (all sizes): Granite Gravity Marble (vii) Fibre boards: Fan coil units Sandstone Wallboard Pipe Basalt and related rocks Display board f , « Compressors: Rough stone: * Tile board (Under 25 h. p. or 25 tons) Rubble Shaped board Condensers: Evaporative Riprap Poster board Coolers: Field stone Colored board Beverage Clays (merchant): Milk Slip clays (viii) Insulation board: Water (refrigerated) Ball clay Wallboard* Counters: Refrigerated Fire clay Natural and plain Refrigerators (over 16 cu. ft. capacity): Stoneware clay Colored and painted Commercial Miscellaneous and common, including Textured Reach-in shale Veneered Walk-in Talc, steatite, soapstone, and pyrophyllite Sheathing Specialties—refrigeration and air conditioning Oil paints and varnishes: Plank and tile: (2) Masonry and construction materials: Ready-mixed paints of all types (interior Natural and plain and exterior) Colored and painted Concrete products: Paste and semipaste paints Textured Building blocks and brick Putty Veneered Cast shapes and cast rtone Fillers Roof insulation Tile and tiling Oil, varnish, and spirit stains Acoustical Sewer and culvert pipe Paint and varnish remover Industrial Drain tile Colors in oil Posts, piles, and cribbing White lead in . oil (ix) Hard board: Terrazzo Zinc white in oil Presdwood Septic tanks Marine paints Tempr presdwood Grave vaults Artists’ colors Temprtile Clay building products Aqueous (water) paints Quartrboard Structural clay products Paint and varnish brushes and applicators Deluxe quartrboard Brick and hollow tile (glazed and unglazed) Compounds: Industrial presdwood Sand lime brick Calking Weatherwood hard board Clay drain tile (glazed and unglazed) Waterproofing (integral and hardeners) Weatherwood treated hard board Vitrified clay sewer pipe (except as covered Pipe Weatherwood dense board by Maximum Price Regulation No. 206) Weatherwood structo board (3) Insulating board, roofing materials, Clay tile roofing and glass (x) Decorated tile board (Masonite or Clay wall tile Weatherwood base): Clay floor tile (i) Asphalt and tarred roofing products (except as covered by Revised Price Schedule Plain Clay quarry tile Tile Paving brick No. 45): Structural terra cotta Mouldings Roll roofing (xi) Thermal insulations for buildings and Clay filter blocks Siding (asphalt felt base) industrial purposes: Clay conduit (electrical) Shingles (asphalt) Clay wall coping (except as covered by Maxi­ Roof coatings and cement Rigid mum Price Regulation No. 206) Emulsified asphalt (building materials) Semi-rigid Clay flue lining and chimney pipe and tops Asphalt and tarred felts Loose (except as covered by Maximum Price Reg­ Slater’s felts Granulated ulation No. 206) Asphalts and tarred saturated building (xii) 'Pipe and boiler insulations: Clay septic tanks papers Cellular Clay heating duct units Laminated Clay meter boxes (ii) Insulated brick or stone siding (and accessories). Solid Refractories: Asbestos rollboard Fireclay refractories (iii) Asphalt floor tiles (and accessories) (except as covered by Maximum Price Regu­ Asbestos millboard Silica refractories Asbestos paper Basic refractories (except as covered by Re­ lation No. 276). (iv) Asbestos-cement building materials: Mineral or glass wool vised Price Schedule No. 75) 85% Magnesia: Special refractories Shingles and accessories Molded High-temperature mortars v Siding and accessories Cement Dead burned dolomite Flat sheets and accessories High temperature: * Caustic calcined magnesite Corrugated sheets and accessories Molded Chemical stoneware Wallboard and accessories Cement Chemical porcelain Tileboard and accessories Gypsum: Insulating asbestos-cement board and acces­ (xiii) Metal lath and accessories. Crude sories (b) Consumers’ goods. Calcined gypsum plaster Asbestos-cement pipe Plaster (1) Bedding: Lime: (v) Glass products: Mattresses and mattress pads. Construction Plate (all types) Bedsprings, including boxsprings, coil bed- Metallurgical Window (all types) springs and flat bedsprings, but not in­ Chemical Laminated cluding coil and flat bedsprings with non­ Sand and gratfel Picture steel frames. Glass sand Roiled, figured, wired, and rolled heat-ab­ Double duty sleep equipment, including Foundry sand sorbing (except as covered by M ax im u m studio couches, sofa beds, lounges, chair Slag Price Regulation No. 175) beds, love seats, and sliding couches. 540 FEDERAL REGISTER, Thursday, January 14, 1943

Cots. Hammers. Air conditioning equipment (excluding built- Pillows. Wrenches. in system). Feathers and down. Snips. Small electrical household appliances. Sisal pads. Hacksaw frames. Heating appliances, including: Sleeping bags. Jacks and jack screws. Bakers. Innerspring units for upholstering and bed­ Lanterns. Boilers. ding purposes. Oilers. Broilers. Upholstering coils and bedspring metal fab­ Pliers. Buffet servers. rics. Punches. Casseroles. Inner constructions for boxsprings, studio Tackle blocks. Coffee makers. couches and all double duty sleep equip­ Trowels. Cookers. ment. Vises. Ghafing dishes. Quilts and comforters. Handles. Driers (clothes and hair). High chair, play yard, basket, and nursery Etc. Heaters (space and immersion). Hot plates, grills, and table stoves. seat pads, etc. " (iii) Farm and garden tools and supplies, Cottcn wadding and batting. Irons (curling). including: Irons (flat). (2) Equipment and supplies (except those Axes. Irons (waffle). covered by Maximum Price Regulation No. Chain. Kettles. 136, as amended): Corn planters. Heating pads. Artists’ supplies. Curry combs. Lighters (cigarette, etc.). Beauty parlor and barber shop furniture, Singletrees. Percolators. fixtures and equipment. Doubletrees. Ovens (portable). Ecclesiastical ware. Neckyokes. Pressers (trouser and tie). Funeral supplies and appurtenances. Handles. Roasters. Laboratory, hospital and professional fixtures Grass hooks. Sterilizers. and equipment (except those covered by Brush hooks. Toasters. Maximum Price Regulation No. 136, as Corn and cane knives. Vaporizers. amended). Wheelbarrows. Warmers (bottle and plate). Office fixtures and safes. Couplings and nozzles. Etc. Office machines and equipment (manual and Hog scrapers. Power appliances, including: electric). Hog and bull rings. Freezers (ice cream, domestic). Restaurant fixtures and equipment. Well wheels. Mixers and juice extractors. School and office supplies, including carbon Huskers. Fans (ceiling, desk and bracket, pedestal). paper, but no mother paper. Post hole diggers and augers. Vibrators. Scientific and technical instruments—appa­ Pruning equipment. Vaporizers and humidifiers. ratus and supplies (except those covered Scythes and snaths. Electric shavers. by Maximum Price Regulation No. 136, as Hedge grass and pruning shears. Etc. Shovels. amended). Hand sprayers. (7) Miscellaneous hQusewares (except those Store machines, fixtures and equipment, in­ covered by Maximum Price Regulation No. cluding: - Forks, hoes, rakes, etc. Store displays and display fixtures. Hose clamps. 196), including: Dispensers. Etc. Cooking utensils. Vending machines (coin operated). bottles and specialties. Furniture frames: Partially assembled wood Carpet sweepers. furniture parts made by furniture fac­ (vii) Logging tools, including: Unfinished furniture. tories. Cant hooks. Venetian blinds. (5) Hardware tcols and appliances (except Peavies. Awnings. those covered by Maximum Price Regulation Pike poles. Screens, window. No. 136, as amended, -and Maximum Price Etc. Etc. Regulation No. 196): ^ (viii) Stove .and furnace pipe and elbows. (8) Commercial kitchen equipment. Com­ (i) Carpenters’ tools, including: (ix) Saddlery hardware, Including: mercial and institutional kitchen equipment, irrespective of the type of fuel used, for use Saws. Buckles. in hotels, restaurants,'schools, hospitals, in­ Chisels. Loops. dustrial and public cafeterias, and similar Hammers. . . , Rings. establishments, including: Etc. Hatchets. Ranges. Planes. (x) Heavy goods, including: Broilers, including salamanders and com­ Non-mechanical rules and tapes. bination types. Auger bits and braces. Sledges. Automatic deep fat fryers. Hand drills. Wedges. Bain maries. Levels. Picks. Roasting ovens. Squares. Mattocks. Baking ovens (sectional and cabinet types). Miter boxes. Mauls. Screw drivers. Baker stoves. Etc. Etc. Steam jacketed kettles. (xi) Game traps. Stock kettles (electric). (ii) Mechanics’ tools, including: Vegetable steamers—commercial. (xii) Pushcarts. Steam tables. Anvils. txiii) Weather stripping. Warming ovens. Crow bars. (6) Household appliances, electrical andPlate warmers. Wrecking bars. other, including: Hot plates. Pinch bars. Household sewing machines. Griddles. Blow torches and fire pots. Automatic egg broilers. Bench grinders. Ice refrigerators. FEDERAL REGISTER, Thursday, January 14, 1943 541

Coffee urns and coffee-making systems. Measuring tapes. Women’s novelty Jewelry, Including: Toasters—commercial (gas). Sewing kits. Compacts and vanity cases. Toasters—commercial, over 2 slices (electric). Sewing boxes. Lockets. Dishwashers—commercial. Tie racks. Earrings. Glasswashers—commercial. Beads. Etc. Silver burnishers. Etc. Mixers. (xi) Clocks and watches, including: Choppers. (iii) Luggage, including: Clock cases, containers, guards. Slicing machines. Briefcases. A Watch cases, containers, guards. Potato peelers. Club bags. Electric clocks (except those covered by Coffee grinders—commercial. Dress trunks. r Maximum Price Regulation No. 136, as Chopping blocks. Finished cases made of wood, leather, fabri­ amended). Pot racks. cated canvas, etc., for carrying scientific, Spring clocks, including: Pot sinks and vegetable sinks. medical and other instruments. Alarm. Canopies. Fitted cases. Decorative. Etc. Overnighters. .Etc. (9) Marine items as follows: Gladstones. — (xii) Portable lamps and shades (other Hand trunks. than industrial) including: - Chain and chain links, swivels, and shackles. Hat and shoe boxes (except paper). Well wheels. Sample cases. Boudoir lamps. Rope thimbles. Sample trunks. Desk lamps. Eye, grab, safety, hoist and cargo hooks. Steamer trunks. Floor lamps. Rope sockets, clamps and clips. Suitcases. Table lamps. Barrel and Drum hooks. Two suiters. Lamp shades. Rowlocks. Wardrobe trunks. Novelty lamps. Blocks and pulleys. Zipper bags. Torchiers. Snaps and other yacht fittings. Train boxes. Wall lamps. Anchors. Etc. Oil lamps. Windlasses and winches. Etc. Ventilators. (iv) Glassware, including: (xiii) Electric light bulbs (other than Deck plates. * radio tubes) including: Steerers and steering wheels. Artware and specialties Cutware. Arc. Bilge pumps. Desk glassware. Boat hooks. Carbon. Engraved ware. Fluorescent. Throttle and Bulkhead controls. Etch ware. Mooring and riding bitts. Gaseous. • Glass novelties. Incandescent. Chocks and cleats ^and outhauls. Glass rods. Guides and leaders. Therapeutic. Glass tubing. Etc. Gooseneck and boom bands. Hotel glassware. Marine lamps and lights. Bar glassware. (xiv) Pictures and picture frames and mir­ Marlin spikes. Restaurant glassware. ror frames, including: Fenders, life buoys, and preservers. Soda fountain glassware. ■ Pictures, framed. Ground tackle. Household glassware. * Frames—photograph, picture, and mirror. Outboard motors (portable). Lenses and signal glass (except those cov­ (xv) Optical goods, including: Ring bolts and screws. ered by Maximum Price Regulation No. Boats and canoes, all outboard and others 136, as amended). Optical glass. under 25' except inboard. Illuminating glassware. Eye glass and spectacle cases. Life saving equipment except articles covered Lamp chimneys. Eye glass and spectacle frames and mount­ by Maximum Price Regulations No. 149, Lantern globes. ings. 157, and 220. Technical and laboratory glassware. Lenses for eye glasses and spectacles, white Fenders and ring buoys. Heat resisting and cooking glass. and colored. Industrial glass: Scientific optical instruments: (10) Personal and household accessories: Technical. Microscopes and accessories. (i) Household accessories, decorations, and Scientific. Optical measuring instruments. giftware, including: Laboratory. Other instruments. Glass bottles and containers. Scientific refracting instruments for ocu­ Artificial and preserved flowers, foliage, Etc. lists and optometrists. fruits, etc. Ophthalmic chairs, stools, tables, etc. Baskets. "v (v) Mirrors. Ophthalmic units. Bookends, wood and metal. (vi) Pottery (except those articles covered . Refracting units. Music boxes. by Maximum Price Regulation No. 116) in­ Sun glasses and goggles Ornamental statuary. cluding : Artificial eyes. Plaques. Art pottery. Binoculars. Wood carvings. Stoneware. Field glasses. Screens, decorative. Etc. Opera glasses. , Etc. Telescopes. (vii) Decorative accessories. Shooting glasses. (11) Notions, including: (viii) Silverware, including: Contact lenses. Prisms. Buckles. ' ■* Silverplated flatware. Magnifying glasses. Buttons. Silverplated hollow-ware. Loupes. Clasps. Sterling silver flatware. Readers. Fasteners, slide and snap. Sterling silver hollow-ware. Optical Rx Laboratory machinery and Feathers and plumes. Etc. equipment. Hooks and eyes. (ix) Miscellaneous plated ware (chrome Etc. Needles—hand, knitting, and crochet. plate, nickel plate, etc.). (xvi) Meteorological instruments (for Pincushions. (x) _ Jewelry: household, office and advertising use only). Pins—safety, straight, hat, bobby, and hair. Shoetrees. Precious (gold, platinum, silver, etc.). Barometers. Thimbles. Nonprecious (gold plate, gold filled, etc.), Hygrometers. Toilet Sets. (except jewelry exempted from the Gen­ Thermometers. Combs. eral Maximum Price Regulation by the provisions of Amendment No. 9 thereto.) (xvii) Compasses (except marine and air­ Vanities. Novelty. craft) . Compacts. Men’s accessories, including: (xviii) Smokers’ articles (except tobacco, Military insignia (except fabric). Collar pins and buttons. cigars, and cigarettes), including: Military buttons. Cuff links. Barettes. Cigarette cases. Key chains. Cigarette and cigar holders, pipes, pouches, Buttonhooks. Belt buckles. etc. Glove stretchers. Medals and badges. Pipe cleaners. Hair curlers. Metal watch bands. Hair nets. Cigarette lighters. Etc. Etc. v 542 FEDERAL REGISTER, Thursday, January 14,1943

(xix) Umbrellas and canes. Protective shields, sleeves, toe guards, etc. herewith and has been filed with the (xx) Hair goods, including: Safety lamps. Division of the Federal Register.* Wigs. Respirators. Inferior subdivision (b) of § 1351.1319 Toupees. Goggles, faceshields, goggle cases, etc. (c) (1) (ii) is corrected and inferior sub­ Braids. (20) Rope and cordage, etc. division (a) of § 1351.1319 (c) (1) (ii) Etc. ' Rope and cordage including grommets made is amended; § 1351.1318a is added; all (11) Badio and phonograph equipment. from rope (except those manufactured to read as set forth below: Phonographs (except domestic electrical from cotton and synthetic fibers). § 1351.1319 Appendix A: Maximum phonographs). Rope halters. prices for “bulk honey" and “packaged Phonograph accessories, hut not records. Wrapping twines (except cotton). honey". * * * Domestic radio accessories, but not radio (c) * * * parts. (21) Unclassified: (J) * * * (12) Musical Instruments, parts, and ac-? Ammunition for small arms. (ii) * * * cessories, including toy and novelty mysical Amusement machines, coin operated. Instruments. (a) Cost increase for honey. The cost Automobile seat coverings, fiber. increase per pound for honey shall be (13) Photograph, photoengraving, and Bells, hand. photocopying equipment and allied supplies. Butcher saws. the difference between 11.80 and the Cameras and photographic films, equip­ Dry cell batteries. seller’s “weighted average cost” per pound ment, accessories, and materials, except Fire extinguishers. for honey purchased during the “base chemicals. Portable battery lights including flashlights, period.” Motion picture cameras, projectors, and ap­ hand lanterns, etc. The “weighted average cost” means paratus. Hearing aids (electric), hearing aid batteries, the total dollars f. o. b. beekeeper’s ship­ Photoengraving machines, apparatus, and and accessories. ping point paid for honey purchased dur­ supplies. Jewelers’ tools. ing the “base period” divided by the Photocopying (including photostating and micro-filming) machines, apparatus and Manually operated tire pumps. number of pounds of honey purchased supplies. Pocket knives. during the “base period”. In computing Spittoons and cuspidors. the “weighted average cost” that quan­ (14) Sporting goods except clothing and Razors!, tity of'honey which was produced by the shoes. Razor blades. seller during the “base period” shall be (15) Toys and games. Water coolers. (16) Wheel goods: Christmas tree ornaments. deemed to have been purchased by him Baby carriages. Christmas trees, artificial. at a price of 5.60 per pound and that Bicycles (except bicycles for which maximum quantity of honey which was not pur­ prices are established by agreement with Issued this 12th day of January 1943. chased directly from the producer dur­ the Office of Price Administration). - Leon Henderson, ing the “base period” and for which Bicycle accessories and parts, except tires and Administrator. reason an f. o. b. beekeeper’s price can­ tubes. not be calculated, shall be deemed to Go-carts. [F. R. Doc. 43-617; Filed, January 12, 1943; have been purchased at 5.60 per pound. Motqr bicycles and motor scooters. 4:41 p. m.J Persons who made no purchases of honey Wheel chairs. during the “base period” shall adopt 5.60 .(17) Health supplies, equipment, and sub- as their “weighted average cost”. assemblies thereof (not including drugs, Part 1418—T erritories and Possessions (b) Cost increase for transportation. chemicals and medicines except when packed [MPR 183, Amendment 16] in and sold as a part of first-aid kite). The cost increase per pound for trans­ (i) Surgical instruments, equipment and PUERTO RICO portation shall be the difference, if any, supplies. between the figure obtained by dividing (ii) Dental instruments, equipment and Correction the total freight dollars paid for honey supplies. purchased during the “base period” by (iii) Veterinarian instruments, equip­ IiTTable XIII in paragraph (m) ap­ pearing on page 325 of the issue for the total pounds of honey produced and ment and supplies. purchased during the “base period”, and (iv) Hospital, examining room, and diag­ Friday, January 8, 1943, the third and the figure obtained by dividing the total nostic equipment and supplies. fourth items should read “Pure refined (v) Electro-medical equipment and sup­ freight dollars paid for honey purchased plies (including x-ray and electric-thera­ lard in cases 56 lb.” and “Purs refined during the months of June, July and peutic) . lard in 34 lb. to 37 lb. tins.” In the sec­ August, 1942 by the total pounds of honey (vi) Anesthesia, oxygen and respiratory ond section of Table XVI in paragraph produced and purchased during the equipment and supplies. (q) the italic heading in both cases months of June, July and August, 1942. (vii) Hypodermic equipment. ik * * # * (viii) Corrective equipment, including should read “Price per 200-lb. bag.” knitted elastic corrective garments, trusses, § 1351.1318a Effective dates of amend­ etc. ments. (a) Amendment No. 1 (§§1351.- (ix) Fracture »equipment and supplies. Part 1499—Commodities and Services 1318a, and 1351.1319 (c) (1) (ii)) to (x) Orthopedic appliances except shoes. Maximum Price Regulation No. 275 shall (xi) Prosthetic devices, appliances, and [Order 209 Under § 1499.3 (b) of GMPR] become effective January 19, 1943. supplies. (xii) Other health supplies: MONSANTO CHEMICAL COMPANY (Pub. Laws 421 and 729, 77th Cong.; E.O. (a) Sutures and suture needles. Correction 9250, 7 F.R. 7871) (b) Clinical thermometers. (c) Surgical dressings and surgical dress­ Paragraph (a) of § 1499.1445 appear­ Issued this 13th day of January 1943. ing materials. ing on page 375 of the issue for Saturday, Leon Henderson, (d) First aid kits. January 9, 1943, should read “The maxi­ Administrator. (e) Exercise machines and devices. Etc. mum price for sales by the Merrimac (xiii) Parts and sub-assemblies designed Division of the Monsanto Chemical Com­ [F. R. Doc. 43-623; Filed, January 13, 1943; especially for the foregoing items in this sub- 11:11 a. m.] paragraph 17 except those covered by Maxi­ pany at Everett, Massachusetts of 30% mum Price Regulations Nos. 136, 147, and 196. aqueous solution of sodium polysulfide is established as set forth below: * * *.” (18) X-ray equipment and supplies (in­ P art 1351— F ood and F ood Products dustrial and commercial), and parts and sub­ [MPR 275,1 Amendment 2] assemblies designed especially therefor ex­ cept those covered by Maximum Price Regu­ Part 1351—F ood and F ood P roducts EXTRACTED HONEY lations Nos. 136 and 147. (19) Industrial safety equipment (except [MPR 275, Amendment 1] A statement of tlie considerations in­ volved in the issuance of this amend- clothing, shoes, and scientific instruments EXTRACTED HONEY covered-by Maximum Price Regulation No. 136, as amended) including: A statement of the considerations in­ * Copies may be obtained from the Office of Gas masks. volved in the issuance of this amend­ Price Administration. Helmets, safety hats, etc. ment has been issued simultaneously 17 F.R. 9955, supra. FEDERAL REGISTER, Thursday, January 14, 1943 543 ment has been issued simultaneously § 1351.1403 Definition of citrus fruits puted on the basis of such delivered herewith and has been filed with the and general instructions. * * * maximum price. Division of the Federal Register.* (d) Freight. Freight to be used in (f) The maximum price for sales of Section 1351.1313 is amended to read calculating any base price or maximum citrus fruits through a commission mer­ as set forth below: price pursuant to this regulation shall chant shall be the packer’s maximum § 1351.1313 Records and reports, (a) include actual charges for icing or re­ price for direct sales, delivered at the Every person who sells “packaged honey” frigeration and shall mean freight by commission merchant’s customary re­ or resells “bulk honey” covered by this common carrier or contract carrier.* In ceiving point, plus the usual charges, regulation shall preserve for examina­ the event that the citrus fruit is trans­ commissions or fees of the commission tion by the Office of Price Administra­ ported by other means, freight shall be merchant, computed on the basis of such tion, for so long as the Emergency Price computed at the lowest available com­ delivered maximum price. Control Act of 1942, as amended, remains mon carrier or contract carrier rate. (g) The maximum price for sales of in effect, all his existing records which Freight shall not include unloading or citrus fruits by a terminal seller shall be were the basis for computations required local trucking, but shall include charges the packer’s maximum price for direct by § 1351.1319, Appendix A. for unloading cars for sale only at the sales, delivered at the terminal market, (b) Every person who resells “bulk terminal market. multiplied by 1.015. honey” shall within 10 days after deter­ § 1351.1404 Definition and maximum (h) Every sale of citrus fruits by a mining his maximum price for each prices of packers, commission mer­ packer, commission merchant, broker, kind, flavor, brand, and container, type chants, brokers, auction markets and auction market or terminal seller, to an and size, execute and file with the Office terminal sellers, (a) For the purposes of intermediate seller, shall be accom­ of Price Administration, two copies of this regulation: panied by a notification in writing to forms No. 1-A, 1-B, and 1-C, which forms (1) A “packer” is a person who grades, the intermediate seller, showing the are obtainable at any district, State, sizes, packs, whether or not washed or maximum price permitted for such sale, field, or regional office of the Office of waxed, or prepares citrus fruits for ship­ which price shall be called the “base Price Administration. ment to market. A person who has citrus price” in such notice. The “base price” (c) Persons who sell “packaged hon­ fruit packed for him for sale shall be so reported shall be the maximum price ey” shall within 10 days after deter­ deemed to be a packer and the point of determined under the foregoing para­ mining their maximum price for each shipment shall be deemed his packing graphs of this section, whether or not kind, flavor, brand, and container, type house. such maximum price was paid, except and size, execute and file with the Office (2) A “broker” is a person who acts that in the event of a direct sale by a of Price Administration, two copies of as the packer’s agent in the sale of citrus packer, or a sale by a packer through a forms No. 1-A, 1-B, and 1-C: Provided, fruits and who does not warehouse, stor­ broker, on an f. o. b. packing house basis, That persons whose 1941 sales of “pack­ age, or customarily distribute the citrus the “base price” so reported shall be the aged honey” did not exceed 1000 pounds fruits. maximum price for such sale on a de­ or whose future annual sales are not rea­ (3) An “auction market” is a market livered basis at the purchaser’s custom­ to which citrus fruits are delivered and ary receiving point. sonably calculated to exceed 1000 pounds (i) Each packer, commission mer­ need not execute nor file such forms. sold at auction for the account of the packer and which market charges a fee chant, broker, auction market and ter­ § 1351.1318a Effective dates of amend­ for such services. minal seller shall make and preserve for ments. * * * (4) A “terminal seller” is a person who examination by the Office of Price Ad­ (b) Amendment No. 2 (§ 1351.1313 (a), buys citrus fruits from a packer and ministration, for so long as the Emer­ (b) and (c)) to Maximum Price Regula­ customarily sells ex track, ex truck, or gency Price Control Act of 1942, as tion No. 275 shall become effective Janu­ ex shipping shed, at the terminal mar­ amended, shall remain in effect, such ary 19,1943. ket, who does not customarily warehouse records as he or it customarily kept re­ (Pub. Laws 421 and 729; 77th Cong.; E.O. and does not customarily deliver the lating to the prices charged for each item 9250, 7 F.R. 7871) citrus fruits beyond the terminal market of citrus fruits after the effective date area. of this regulation. Issued this 13th day of January 1943. (5) A “commission merchant” is a per­ § 1351.1405 Definition and maximum Leon H enderson, son who receives citrus fruits on con­ prices of intermediate sellers, (a) For Administrator. signment from a packer and who sells the purposes of this regulation, the term in the same or similar manner as other “intermediate sellers” means any whole­ [F. R. Doc. 43-624; Filed, January 13, 1943; wholesalers, for the account of the sale sellers, jobbers or any other persons 1 1 : 1 2 a. m.] packer. who take title and purchase for the pur­ (b) The maximum price for direct pose of reselling and who customarily sales of citrus fruits sold by a packer, make sales to other wholesalers, retail­ P ari 1351—F ood and F ood P roducts f. o. b. packing house, shall be as set ers, or industrial, institutional or com­ forth in this section and in § 1351.1416, mercial users, except that the term “in­ [MPR 292,1 Amendment 1] Appendix A, of this regulation. termediate sellers” shall not include SALES OF CITRUS FRUITS BY PACKERS, BRO­ (c) The maximum price for direct packers, commission merchants, brokers, KERS, AUCTION MARKETS, TERMINAL SEL­ sales of citrus fruits by a packer, on a auction markets, terminal sellers or re­ LERS AND INTERMEDIATE SELLERS delivered basis, shall be the packer’s tailers as defined in this regulation. maximum price, f. o. b. packing house, * * * 4« * A statement of the considerations in­ plus freight to the point of delivery. volved in the issuance of this amend­ (c) The “base price” of any interme­ (d) The maximum price for sales of diate seller who purchases from a packer ment has been issued simultaneously citrus fruits through a broker shall be herewith and filed with the Division of or broker, shall be the “base price” fur­ the Federal Register.* the packer’s maximum price for direct nished to him by his supplier. The “base sales multiplied by 1.015. If the sale is Section 1351.1402 (a) (6) is added, price” of any intermediate seller who §§ 1351.1403 (d), 1351.1404, 1351.1405 (a), made f. o. b. packing house, the packer’s purchases from an auction market, com­ (c), and (e) (4) and Item No. 1 of § 1351.- maximum price for direct sales, f. o. b. mission merchant, or terminal seller 1416 (b) are amended and § 1351.1415a is packing house, shall be used in such com­ shall be the “base price” of his supplier, added, as set forth below. putation. If the sale is made on a de­ except that if his supplier is not within livered basis, the packer’s maximum local hauling distance of his customary § 1351.1402 Sellers subject to the pro­ price for direct sales at the point of de­ receiving point, the intermediate seller visions of this Maximum Price Regula­ shall compute a new “base price” by add­ tion No. 292. • (a) * * * livery shall be used in such computation. ing to that “base price” the freight to (6) Commission merchants. (e) The maximum priqe for sales of his customary receiving point. If he re­ citrus fruits at an auction market shall sells to another intermediate seller, he * Copies may be obtained from the Office of be the packer’s maximum price for di­ shall give such purchaser notice in writ­ Price Administration. rect sales, delivered at the market, plus ing of his “base price,” which shall be FR. 135. the usual auction charge or fee, com­ the “base price” reported to him by his No. 9----- 5 544 FEDERAL REGISTER, Thursday, January 14, 1943 supplier or his newly computed “base merchant, shall multiply his base price § 1364.35 as Schedule i n (c) (2) (v) of price,” as the case may be. by 1.20. § 1364.35; Schedule H (d) of § 1364.35 as * * * * * (iii) An intermediate seller in Class 3 Schedule II (d) (1) of § 1364.35. who buys from a packer, broker, auction Amended: Paragraphs (e) and (f),the (e) * * * market or terminal seller, shall multiply title and text of paragraph (g), the title (4) He shalh-then compute his maxi­ his base price by 1.21. of paragraph (h), and paragraph (h) mum prices as follows: (iv) An intermediate seller in Class 3, (2) of § 1364.22; redesignated § 1364.27 (i) An intermediate seller in Class 1 who buys from another intermediate (a) (1); subparagraphs (3) and (6) of or Class 2 who buys from a packer, seller or from a commission merchant, § 1364.32 (a); the title of § 1364.35; the broker, auction market or terminal shall multiply his base price by 1.32. title of Schedule I, the explanatory data seller, shall multiply his base price by ***** preceding the tables in Schedule I, Items 1.095. § 1351.1416 Appendix A: Maximum 3, 4 and 5 of Schedule I (b), Items 2, 3 (ii) An intermediate seller in Class 1 prices of packers, f. o. b. packing and 4 of Schedule I (c), Items 1, 2, 3, 4, or Class 2, who buys from another inter­ 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 18, 22, 23 house. * * * and 24 of Schedule I (d), Item 11 of mediate seller or from a commission (b)_ Grapefruit. Schedule I (e), and the title and Items 5 MAXIMUM PRICES IN DOLLARS PER UNIT and 10 of Schedule I (f) of § 1364.35; the title of Schedule II, and paragraphs (a) Standard wooden box (2), (b), redesignated (d) (1) and (f) of Seasons, all dates ' Schedule n of § 1364.35; and the title of Item State or area Variety * * * Schedule HI and paragraphs (b), (c) No. inclusive Packed Packed Packed wrapped 2 layers un­ Loose and (e) of Schedule in of § 1364.35. wrapped wrapped Added: § 1364.22 (h) (3) paragraphs (a) (2), (b) (4) and (c) of § 1364.27; /M ay 1 to Oct. 31______2.77 1.89 * * * 1____ California...... All...... 2.82 * * * § 1364.32 (a) (11), (12) and (13); \N ov. 1 to Apr. 30______2.28 2.23 1.35 § 1364.34a; Item 11a of Schedule I (d), Items 17, 18 and 19 of Schedule I disapproved, but such disapproval shall (g) , subparagraph (2) (iv) of Schedule § 1315.1415a Effective dates of amend­ not be retroactive as to any deliveries II (d), subparagraph (2) (iv) of Sched­ ments. (a) Amendment No. 1 (§§ made before the date of such disap­ ule i n (c), Schedule HI (f) and Sched­ 1351.1402 (a) (6), 1351.1403 (d), proval. If the proposed maximum prices ule IV of § 1364.35. 1351.1404, 1351.1405 (a), (c), and (e) are at any time disapproved by the Office § 1364.22 Maximum prices for dressed (4), 1351.1416 (b), Item No. 1, and of ; Price Administration, the manufac­ hogs and wholesale pork cuts. * * * § 1351.1415a) to Maximum Price Regu­ turer shall file revised prices properly (e) When products are delivered to the lation No. 292 shall become effective on computed in accordance with the ap­ buyer. Dressed hogs and wholesale pork January 18, 1943. propriate pricing formula provided in cuts shall be deemed to be delivered to (Pub. Laws 421 and 729, 77th Cong.; paragraph (a), and the provisions of this the buyer at the point where physical E.O. 9250, 7 P.R. 7871) section shall apply in all respects to such possession is taken by the buyer or his revised prices. In the event that the agent, or where the dressed hogs or Issued this 13th day of January 1943. office of Price Administration finds that wholesale pork cuts, consigned to the Leon Henderson, the manufacturer’s production experi­ buyer, Administrator. ence does not yet warrant the establish­ ment of a permanent maximum price, (1) Are received by a common carrier Approved: the Office of Price Administration may or contract carrier, other than a railroad, G rover B. Hill, give temporary approval to a proposed and the charges of such carrier are paid Acting Secretary of Agriculture. directly to such carrier by the buyer; maximum^ price and require a further (2) Are received by a railroad, for [F. R. Doc. 43-622; Filed, January 13, 1943; filing under this section at a later date. shipment at the railroad carload rate or 11:13 a. m.] Any disapproval of prices will be embod­ ied in an order upon request made within for shipment to an agency of the United thirty days of such disapproval. State government and the charges of ***** such railroad are paid directly to such Part 1361—F arm Equipment railroad by the buyer. [MPR 246,1 Amendment 3] § 1361.69 Effective dates of amend- (f ) Maximum prices of wholesale pork TïlBTltS. * * * cuts not listed in Appendix A. Except MANUFACTURERS’ AND WHOLESALE PRICES (c) Amendment No. 3 (§§ 1361.53 (c) ) as provided in paragraph (h) of this FOR FARM EQUIPMENT to Maximum Price Regulation No. 246 section, if the maximum price for any A statement of the considerations in­ shall become effective January 19, 1943. wholesale pork cut delivered to the buyer volved in the issuance of this amend­ (Pub. Laws 421, 729, 77th Cong.; E.O. cannot be determined under the provi­ ment has been issued simultaneously 9250, 7 F.R. 7871) sions of the foregoing paragraphs of this herewith and filed with the Division of section, such maximum price shall be the Federal Register.* Issued this 13th day of January 1943. that of the nearest similar wholesale pork Paragraph (c) of § 1361.53 is amended Leon Henderson, cut derived from the same primal cut or as set forth below: Administrator. combination of primal cuts, making ad­ justment for the differences in the cost § 1361.53 Maximum prices: items [F. R. Doc. 43-625; Filed, January 13, 1943; of producing such cuts. Each seller modified since March 31, 1942, sold by 1 1 : 1 2 a. m.] Shall file with the Office of Price Admin­ the manufacturer. * * * istration, within 10 days of computation, (c) Approval of prices. If the Office each maximum price computed under of Price Administration approves, the Part 1364—F resh, Cured and Canned the provisions of this paragraph (f) to­ proposed maximum prices or fails to Meat and F ish gether with a sworn statement of the disapprove them within thirty days after method of such computation and the receiving such report, the proposed [Revised MPR 148,1 Amendment 1], comparative costs included therein, in­ maximum prices shall become the maxi­ DRESSED HOGS AND WHOLESALE PORK CUTS cluding costs of labor, materials and over­ mum prices applicable to all subsequent A statement of the considerations in­ head, and shrinkage or gain in weight. sales and deliveries: Provided, That if volved in the issuance of this amend­ Any maximum price so computed shall be the Office of Price Administration later ment has been issued simultaneously subject to revision by the Price Admin­ determines that such prices were not herewith and has been filed with the istrator. No person shall sell any whole­ calculated in accordance with this sec­ Division of the Federal Register.* sale pork cut not listed in Schedule I of tion such prices may at that time be Redesignated: § 1364.27 (a) as §1364.27 Appendix A (§ 1364.35), except fabri­ (a) (1); Schedule i n (c) (2) (iv) of cated pork cuts and canned meats made ♦Copies may be obtained from the Office entirely from pork, without first filing of Price Administration. ¿with the Office of Price Administration 17 F.R. 8587, 8948, 9039; 8 FR. 236. *7 FR. 8609, 9005, 8948. FEDERAL REGISTER, Thursday, January 14, 1943 545 at Washington, D. C., a maximum price adjustment at any time by the Office of is in effect, a complete and accurate rec­ for such cut as required by the provi­ Price Administration. ord in schedule form for each calendar sions of this paragraph (f). (iii) The provisions of this paragraph month commencing with February 1943, (g) Maximum prices of dressed hogs, (h) (2) shall not apply tq any sales of showing separately invoices. (1) The maximum price for canned meats to the Federal Surplus (i) The total inventory in pounds at each dressed fiog, dressed packer style Commodities Corporation or to any pur­ the beginning of each month of all or shipper style, delivered to the buyer chasing agency of the armed forces of dressed hogs and each wholesale pork cut shall be that ascertained in accordance the United States. and fabricated pork cut, pork offal and with the pricing instructions contained (3) The maximum price for each fab­ pork by-product (bones, fat, waste, in Schedule IV of Appendix A (§ 1364.35) ; ricated pork cut sold by a hotel supply etc.); the total additions to inventory in and no person shall sell hogs dressed house to a purveyor of meals shall be pounds during the month of each such otherwise than packer style or shipper determined as follows: item; and the total inventory in pounds style. (1) The hotel supply house shall fix a at the end of each month for each such (2) Every person who sells dressed price for each such fabricated pork cut item; hogs shall invoice such dressed hogs to on the basis of the relationship which (ii) The total sales in pounds during the buyer by weight ranges set forth in prevailed during the month of October, the month of dressed hogs, each whole­ the table in Schedule IV (a) of Appendix 1942, between the price of such fabri­ sale pork cut, fabricated pork cut, pork A (§ 1364,35), and dressed hogs falling in cated pork cut and the prices of other offal and pork by-product; bones, fat, each such weight range shall be invoiced fabricated pork cuts derived from the waste, etc.; showing separately the separately. same wholesale pork cut. sales in pounds of dressed hogs, each (h) Maximum prices of products sold Cii) In the event that the total gross wholesale pork cut, and each fabricated for export, canned products, and fabri­ proceeds obtainable through sales at the pork cut to purveyors of meals and the cated cuts sold by hotel supply houses. prices so fixed of all fabricated pork cuts sales'in pounds made to other buyers; *, * * derived from such wholesale pork cut (iii) The total sales realization for (2) (i) The maximum price for each and sales at the maximum prices of all each dressed, hog, and each type of brand, type and container size of canned bones, fat, waste, trimmings and/or wholesale pork cut and fabricated pork meat made entirely from pork shall be processed products obtained in making cut and the average ceiling price there­ the highest price at which such brand such fabricated pork cuts exceed by more for. or type and container size of canned meat than 15 percent the maximum price for (b) Persons subject to or affeeted by was listed in the price list or lists upon such wholesale pork cut, the hotel sup­ this Revised Maximum Price Regulation the basis of which the seller made sales ply house shall adjust downward the No. 148 shall submit to the Office of and deliveries at the delivery point dur­ prices of such fabricated cuts to remove Price Administration at Washington, ing the period February 16, 1942 to Feb­ the excess. In making such adjust­ D. C.: * * * ruary 20, 1942, inclusive, plus l x/% cents ments, ihe hotel supply house shall not (4) On or before January 30, 1943, per lb. : Provided, That the seller must change the relationship of the prices of sworn statements of the maximum continue to allow all the deductions or the fabricated cuts as established pur­ prices of all fabricated pork cuts sold by discounts from his price list or lists which suant to paragraph (h) (3) (i). The them to purveyors of meals, which maxi­ were customary during the 90-day period price so fixed and adjusted shall be the mum prices shall be determined as pro­ prior to March 9, 1942. maximum price of such hotel supply vided in § 1364.22 (h) (3). (ii)^If the maximum price for any house for such fabricated pork cut. (c) Every person making a sale of any brand, type or container size of canned (iii) “Fabricated pork cut” means any- wholesale pork cut or fabricated pork meat made entirely from pork cannot part or portion of a wholesale pork cut cut shall furnish to the purchaser at the be determined under paragraph (h) (2) (i. e., pork chops, center ham slices, etc.) time of delivery of such pork cut a writ­ (i) of this section, the seller shall ap­ ten statement setting forth the name and made for a purveyor of meals, which part address of the buyer and seller; identify­ ply to the Office of Price Administration, or portion is obtained by boning or saw­ ing by weight and description each such Washington, D. C., for authorization to ing through the bones of the wholesale establish a maximum price, setting forth pork cut so as to prepare the fabricated pork cuts sold; and setting forth the in such sworn application a detailed de­ quantity and the price charged and re­ pork cut for cooking without further cut­ ceived therefor. scription of the canned meat and con­ ting or trimming and to produce a cut * * * * ♦ tainer size for which a price is sought, substantially different from any whole­ including, where appropriate: a descrip­ sale pork cut for which a price is listed § 1364.32 Definitions, (a) * * * tion of the wholesale cuts used in proc­ in Appendix A (§ 1364.35). Wholesale (3) “Wholesale pork cuts” means all essing such canned product and the na­ pork cuts from which at least 25 percent cuts derived from the carcass of the hog ture and degree of processing; the maxi­ of the bone has been removed in pre­ or pig, dressed with head off and kidney mum price, if any, established for the paring them as roasts shall also be con­ and leaf fat out, including but not lim­ sale by the seller of other brands or sidered fabricated pork cuts. ited to the following: types and container sizes of canned ♦ * * * * (i) All cuts referred to in Appendix A meat made entirely from pork, and the (§ 1364.35); manner in which such other canned § 1364.27 Records and reports, (a) (ii) Cuts rough or trimmed, bone in products differ from that for which the (1) Every person making a sale of any or boneless, whole or sliced; price application is being made; a state­ dressed hogs or wholesale pork cuts on (iii) Cuts fresh or frozen, cured, ment of thê reasons why the new man­ and after November 2,1942, in the course smoked, cooked, baked, barbecued, dried, ner of canning or processing is being of trade or business or otherwise dealing canned, or ready-to-cat; undertaken; a statement of the price re­ therein, shall make, and preserve for (iv) Cuts loose, wrapped or packed. quested, and the method by which the inspection by the Office of Price Admin­ Fresh and frozen cuts^shall not be con­ requested price was arrived at; and a istration for so long as the Emergency sidered separate wholesale pork cuts. statement by the seller as to whether the Price Control Act of 1942, as amended, Each brand, type and container size of granting of his application will require remains in effect, complete and accurate canned meat made entirely from pork ♦any price adjustment on behalf of the records of each such sale, showing the shall be considered a separate wholesale wholesalers or retailers to whom he pro­ date thereof, the name and address of the pork cut. No uncanned sausage made poses to sell his products. Authorization buyer and seller, the description, quantity entirely from pork except sausage sold to to establish a maximum price for such and weight of all dressed hogs and whole­ the armed forces of the United States or canned meat ma^e entirely from pork sale pork cuts sold, and the price charged the Federal Surplus Commodities Cor­ shall be accompanied by instructions as or received therefor. poration, shall be considered a wholesale to the method for determining the max­ (2) Every person making sales to pur­ pork cut. * * * imum price. Within ten days after such veyors of meals pursuant to the provi­ (6) „“Sales at retail” means sales to the price has »been determined, the seller sions of § 1364.22 (h) (3) shall keep for ultimate consumer: Provided, That no shall report the price to the Office of inspection by the Office of Price Admin- wholesaler, processor, packer, slaughter­ Price Administration, Washington, D. C. instration for so long as the Emergency er, branch house, car route, hotel supply The price so reported shall be subject to Price Control Act of 1942, as amended, house, purchaser for resale, commercial 546 FEDERAL REGISTER, Thursday, January 14, 1943 user, purveyor of meals, war procure­ (2) (v) of § 1364.35; Schedule n (d) of ment agency, or other government § 1364.35 as Schedule II (d) (1) of agency shall be deemed to be an ulti­ § 1364.35; Amended; paragraphs (e) and mate consumer, except that a sale to a (f), the title and text of paragraph (g), purveyor of meals, on usual retail terms, the title of paragraph (h), and para­ by a retailer at least 80% of whose sales graph (h) (2) of § 1364. 22; redesignated of meat during the preceding calendar § 1364.27 (a) (1); subparagraphs (3) month were made to ultimate consumers and (6) of § 1364.32 (a)-; the title of shall be deemed a sale at retail. * * * § 1364.35; the title of Schedule I, the (11) “Shipping container” means a explanatory data preceding the tables in sealed box which becomes the property Schedule I, Items 3,4, and 5 of Schedule of the buyer upon delivery of the whole­ I (b), Items 2, 3 and 4 of Schedule I sale pork cuts therein contained, or a (c) , Items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, returnable container of solid wood or 12, 13, 15, 18, 22, 23, and 24 of Schedule metal which must be of a type and size I (d), Item 11 of Schedule I (e), and which the seller has customarily used in the title and Items 5 and 10 of Schedule making delivery of wholesale pork cuts I (f) of § 1364.35; the, title of Schedule and must be carried into the buyer’s place II, paragraphs (a) (2), (b), redesignated of business in making delivery of prod­ (d) (1), and (f) of Schedule II of ucts packed therein. § 1364.35; and the title of Schedule III (12) “Hotel'supply house” means a and paragraphs (b), (c), and (e) of seller of pork who, as an established prac­ Schedule HI of § 1364.35; Added: tice, handles wholesale pork cuts for the § 1364.22 (h) (3); paragraphs (a) (2), purpose of boning, trimming and cutting (b) (4) and (c) of § 1364.27; § 1364.32 or otherwise fabricating such * wholesale (a) (11), (12) and (13); § 1364.34a pork cuts for sale to hotels, restaurants Item 11a of Schedule I (d), Items 17, or other purveyors of meals. 18 and 19 of Schedule I (g), subparagraph (13) “Wholesaler” means a person (2) of Schedule n (d), subparagraph other than a hotel supply house who buys (2) (iv) of Schedule HI (c), Schedule dressed hogs and/or wholesale pork cuts IH (f) and Schedule IV of § 1364.35) to for resale other than at retail and who Revised Maximum Price Regulation No. does not own or control, in whole or in 148 shall become effective January 19, substantial part, any slaughtering plant 1943. or facilities, and who is not owned or controlled in whole or in substantial part, § 1364.35 Appendix A : Schedules I, II, by another person who owns or controls III and IV. in substantial part any slaughtering S c h e d u l e I—P e ic e s o f - W h o l e s a l e P o r k C u t s plant or facilities. (All prices are per hundred weight loose * * * * * basis, and do not include boxing, trans­ § 1364.34a Effective date, (a) Amend­ portation or delivery costs, except where ment No. 1 (Redesignated: § 1364.27 (a) indicated otherwise. Weights are by range as § 1364.27 (a) (1); Schedule IH (c) and not by average.) (2) (iv) of § 1364.35 as Schedule HI (c) *****

(B ) PORK c u t s : g r e e n OR .FROZEN, c u r e d , s m o k e d a n d b a r b e c u e d

Bair Green or Cured Smoked Item Weight frozen (dollars) (dollars) becued (dollars) (dollars)

3. Bellies—dry salt (clear or rib )... 16.00 16.00 18.75 4. Plates and jowls: Clear plates______. . . . 11.00 11.00 14.00 Regular plates...... —- 12.25 12.25 15.25 Jowl butts...______11.00 11.00 14.00 Square jowl butts______... 12.75 13.75 wrapped 17.25 5.Spare ribs: Light______... Under 3lbs.. 18.25 18.25 119.25 24.75 ...... M ed iu m ....______- 3-5 lbs...... 15.75 15.75 116.75 22.25 __ H eavy...... Over 5 lbs___ 14.25 14.25 115.25 20.75 ...... Barbecue, brisket bone off___ Under 1Yi lbs. 20.75 20.75 1 21.75 27. 25 32.25 Loin ribs______19.00 19.00 1 20.00 25. 50 30.00 Spare rib brisket bones_____ 7.50 7.50 18.50 12.00 ......

i Packed in tierces.

(C) PORK CUTS: COOKED, BAKED, SMOKED, BARBECUED AND DRIED 'WRAPPED)

Cooked Cooked and smoked Baked and barbecued

Weight Price Weight Price Weight Price

Pounds Dollari Pounds . Dollars Pound» Dollars * * * * * * • * * * * 2. Hams—skinless—boneless 49.75 51.50 Under 8_____ 55.00 and fatted. 48.00 8-10 ...... 49.75 8-10...... 53.00 45.50 47.25 Over 10...... 50.25 3. Picnics—bonless and fatted... All weights__ 42.00 All weights__ 43.25 All weights__ 47.25 4. Shoulders—skinned—boneless All weights.... 42.75 - All weights— 46.75 and fatted. * * * * * * * * » « » * FEDERAL REGISTER, Thursday, January 14, 1943 547

16.75 19.75 13. Knuckles______I ...... 12.25 12.25 >13.25 16.25 (1) New England; New Jersey; Delaware; * * * * « * * * * * Maryland; the District of Columbia; and 15. Tails...... !...... 11.25 11.25 * 12. 25 15.25 * * - * • • * » those portions of New York and Pennsyl­ vania lying east of the 77th meridian, $1.50 18. Bacon skins...... 4.50 4.50 „ 6.25 * * * • * * • * per cwt. 22. Semi-boneless loins, under 10 pounds______33.50 (2) Those portions of Pennsylvania and 23. Semi-boneless loins, 10-12 pounds...... 32.00 New York lying west of the 77th meridian, 24. Semi-boneless loins, 12-15 pounds...... 31.00 * * * * * * • * $1.00 per cwt. (3) Virginia; West Virginia; Kentucky; Ohio; Indiana; Chicago, Illinois; and the * Packed in tierces. lower peninsula of Michigan (that part of Michigan lying between Lake Michigan and (E) PORK CUTS PACKED IN WOOD CONTAINERS cuts listed in Schedule I (c) (9) of this Lake Huron) ^$0.50 per cwt. ***** Appendix A: (c) For packing in shipping containers: Required (1) For domestic shipment (maximum ad­ 11. Vinegar pickled pork feet, cooked bone deduction dition permitted: $0.50 per cwt. No addi­ in: Description of cut: per cwt. tion permitted where price in Schedule I in­ Tierces (300 pounds) __C______each $29. 50 Hams______,______$1.00 cludes shipping container): Barrels (200 pounds)______do_ 20.50 Shoulders and shoulder cuts______3.00 (1) Packing in wood or metal boxes, $0.50 y2 barrels (75 pounds)______do____ 8.25 Pork loins______3.00 per cwt. * $4 barrels (35 pounds)______do__ •_ 4.00 Bellies______3.00 (ii) Packing in other boxes, barrels, sacks, % barrels (17 pounds)______do___ 2.25 Slab bacon______3.00 or burlap wrappings, $0.25 per cwt. Kits (13 pounds)______-do___ 1.75 Fat backs______1.00 (iii) . Packing in returnable shipping con­ * * * *— * tainers of solid wood or metal, $0.25 per cwt. (P) CANNED PORK ITEMS (2) For export shipment, U. S. Govern­ (d) (1) For all wholesale pork cuts deliv­ ment specifications: * * * (Prepared for war procurement agencies ered in a straight or mixed shipment of 5,000 according to United States Government (iv) Canned products packed for export, 6 lbs. or more, but less than a carload, $0.50 per cans to the box, U. S. government specifi­ specifications) cwt. • * * * * cations, $1.0 0 per cwt. (2) For all wholesale pork cuts delivered in (v) Other products for export shipment, 5. Pork sausage soyalinks: a shipment of more than 500 lbs. of whole­ U. S. government specifications, $0.75 per 1V2 or 2 lb. cans, per cwt______$27. 50*** sale pork cuts but less than 5,000 lbs., $0.25 cwt. * * * 10. Pork soya segments: per cwt. (e) For all wholesale pork cuts sold by a iy2 or 2 lb. cans, per cwt______26.00 ***** hotel supply house to purveyors of meals, $0.50 per cwt. (G) PRODUCTS FOR WAR PROCUREMENT AGENCIES (f) For sliced bacon not packed in (1) y2 lb., 1 lb., or 1 y2 lb. cartons or sealed (f) For all wholesale pork cuts and dressed (Prepared according to United States Gov­ cellophane or parchment packages, $0.75 per hogs sold by wholesalers, $0.50 per cwt. (as ernment specifications) cwt. to dressed hogs, this addition may be made ***** to the slaughterer’s maximum price com­ (2) Cases of 12 lbs. or less, $0.25 per cwt. puted as provided in Schedule IV of this 17. Mess pork in barrels: * • • • • Appendix A.) (200 lbs. net green weight)_per bbl_$47. 50 18. Pork sausages: SCHEDULE IV—DRESSED HOGS Bulk______29.00 (a) Table of weight ranges and seasonal denominators In paper casings______30.00 In hog casings______32.00 Weights of dressed hogs (by range) Related live hog In sheep casings______34.00 weight classifications Denominators by seasons 19. Fresh pork sides, packer dressed: 140 to 154 lbs______19.20 December, January, June, July, August, 155 to 169 lbs______19.15 February, March, September, Octo­ Shipper style April, and May ber, and N o vember 170 td 192 lbs______'_____ 19.05 Packer style (pounds) Live weight (pounds) 19j3 to 213 lbs_^_i______„______19.00 (pounds) 214 to 239 lbs______18.95 Packer Shipper Packer Shipper Over 239 lbs______18. 90 style style style style

S c h e d u l e II—R e q u ir e d D e d u c t io n s F r o m BUTCHER HOGS P r ic e s L is t e d i n S c h e d u l e I 1. 73-89...... 81-99...... 120-140...... 1.53 1.45 1.54 1.46 (a) * * * 2. 90-107...... 100-119...... 140-160...... 1.46 1.38 1.47 1.39 (2) For all wholesale pork cuts otherwise 3. 108-123...... 120-136...... 160-180...... 1.43 1.35 1.44 1.36 substandard because of trim, cutting, thick 4. 124-138___“ ___ _ 137-153_____. 180-200»...... 1.41 1.33 1.42 1.34 6. 139-154...... 154-171...... 2 0 0 -2 2 0 ...... 1.40 1.32 1.41 1.33 or wrinkled skin, bruises, abscesses, blood 6. 155-169...... 172-188____ 220-240...... Ï. 39 1.31 1.40 1.32 clots, accidental damage, or abnormal color, 7. 170-192...... 189-213...... 240-270...... 1. 385 1.305 1.395 1.315 texture, odor, or consistency or character of 8. 193-213...... 214-235...... 270-300...... 1.38 1.30 1.39 1.31 9. 214-239...... 236-265...... 300-330...... 1.375 1.295 1.385 1.305 the lean flesh and of the fat included therein, 10. Over 239.:...... Over 265___ Over 330___ $1.00 per cwt. 1.37 1.29 1.38 1.30 ***** SLAUGHTER PIGS (b) For the following wholesale pork cuts 11. Under 73..._____ Under 79__ Under 120... 1.61 1.53 1.62 1.54 derived from oily hog carcasses, except when sows sold to an agency of the United States Gov­ ernment pursuant to United States Govern­ 12. 184-280...... 202-312...... 270-400...... 1.405 1.325 1.415 L335 ment specifications and except wholesale pork 13. 280 and over_____ 312 and over 400 and over 1.40 1.32 1. 41 1.33 548 FEDERAL REGISTER, Thursday, January 14, 1943

(b) Definitions. As used in this regula­ Example: If in the example stated in para­ P art 1404—R ationing of R ubber tion, the term graph (c) (1 ), such local delivery were made, F ootwear 250 would be added to $18.41, giving a price (1) “Packer style” means a dressed hog [Ration Order 6,1 Amendment 8 ] with the head off, kidneys and leal fat out, of $18.66 per cwt. and ham facings off. (3) To the price determined under para­ m en’s rubber boots and rubber work (2) “Shipper style” means a dressed hog graph (c) (2 ), add the following permitted SHOES with the head oft, kidneys and leaf fat in, and fresh kill addition, if the dressed hog is de­ A rationale for this amendment has ham facings on. rived from a hog killed in the region where the addition is applicable and delivered by been issued simultaneously herewith and (3 ) “Current Chicago live hog price” of local delivery within such region on the has been filed with the Division of the hogs other than oily hogs, stags and boars same day as or on the day after killing or sold Federal Register.* means the highest price quoted, for live hogs to the Federal Surplus Commodities Corpo­ Paragraph (b) of § 1404.6 is amended of the applicable weight, in the current Chi­ ration: and a new paragraph (h) to“t 1404.71 is cago Daily Livestock Market Report of the Region added as set forth below: Agricultural Marketing Administration of the Permitted addition U. S. Department of Agriculture. “Current per cwt. Acquisition of Rubber Footwear by Chicago live hog price” of oily hogs means a (i) New England, New Jersey, Dela­ Consumers price determined by deducting from the ware, Maryland, District of Columbia highest price quoted, for live butcher hogs and those portions of New York and § 1404.6 Eligibility. * * * of the applicable weight, in such current Pennsylvania lying east of the 77th (b) Employer. Persons having em­ report, $1.00 per cwt. “Current Chicago live meridian______500 ployees whose work is essential as set hog price” of stags and boars means a price (ii) Those portions of Pennsylvania forth in paragraph (a) (1) of this sec­ determined by deducting from the highest and New York lying west of the 77th tion and who are exposed to the condi­ price quoted for live sows or butcher hogs of meridian______350 tions described in paragraph (a) (2) of the applicable weight, in such current re­ (iii) Virginia; West Virginia; Ken­ this section, when such persons have port, $1.50 per cwt. in the case of stags, and tucky; Ohio; Indiana; Chicago, Illi­ normally and customarily furnished rub­ $4.00 per cwt. in the case of boars. As to all nois; and the local peninsula of shipments of dressed hogs from points east Michigan (that part of Michigan ber footwear for the use of such em­ of the 85th meridian the current report shall lying between Lake Michigan and ployees in connection with their work be deemed to be that for the third market Lake Huron)______150 and retain title to the rubber footwear day preceding shipment of such dressed so furnished after the termination of the hogs. As to all shipments of dressed hogs Example: In the example stated in para­ employer-employee relationship. How­ graph (c) (2 ), if the dressed hog is sold to from points west of the 109th meridian the the Federal Surplus Commodities Corpora­ ever, in case of flood or other public dis­ current report shall be deemed to be that for tion, or if local delivery is made to a buyei? aster the Board, with the approval of. the the fifth market day preceding such ship­ within the region described in subparagraph State Director, may issue a certificate to ment. As to all shipments of dressed hogs (3) (i), 500 would be added to $18.66, giving a person who meets all the requirements from points east of the 109th meridian and a price of $19.16 per cwt. west of the 95th meridian and from points of this paragraph except the requirement east of the Mississippi River, south of Ken­ (4) The maximum price for each dressed that he have normally and customarily tucky and west of the 85th meridian, the hog delivered to the buyer within the Central furnished rubber footwear to his current report shall be deemed to be that for Price Zone, or delivered outside the Central employees. the second market day preceding such ship­ Price Zone by a local delivery beginning in Effective Date ment. As to all shipments of dressed hogs the Central Price Zone, shall be the appli­ from any other point, the current report cable price determined under paragraph (c) § 1404.71 Effective dates of amend- shall be deemed to be that for the market (1) or (c) (2) of this Schedule. 7TMsTltS, * * * day preceding such shipment. (5) Except as provided in paragraph (c) (h) Amendment No. 8 (§ 1404.6 (b)) (4) “Designated transportation differen­ (4) of this Schedule, the maximum price for shall become effective January 19, 1943. tial” means a transportation differential de­ each dressed hog delivered to the buyer in termined as provided in subparagraphs (1 ), the Chicago Price Zone, or delivered to the (Pub. Laws 421 and 729, 77th Cong.; (2), (3) and (4) of § 1364 22 (d). buyer outside the Chicago Price Zone and the W.P.B. Directive 1, 7 F.R. 562 and Sup­ (c) Price instructions. Except as provided Central Price Zone by a local delivery begin­ plementary Directive 1-N, 7 F.R. 7730; in § 1364.22 (h), the maximum price for ning in the Chicago Price Zone, shall be the each dressed hog shall be fixed as follows: applicable price determined under paragraph E.O. 9250, 7 F.R. 7871) (1) Ascertain the weight range applicable (c) (1), (c) (2) or (c) (3) of this Schedule, Issued this 13th day of January 1943. plus 250 per cwt. to the dressed hog to be priced. (Weight Leon Henderson, ranges for packer style dressed hogs are in (6 ) Except as provided in paragraphs (c) Administrator. the first column of the table in paragraph (4) and (c) (5) of this Schedule, the maxi­ .. * (a) of this Schedule IV, and weight ranges mum price.for each dressed hog delivered to [F., R. Doc. 43-626; Filed, January 13, 1943; for shipper style dressed hogs are in the sec­ the buyer outside the Central Price Zone and ond column.) Ascertain the related live hog the Chicago Price Zone shall be the applica­ 1 1 : 1 2 a. m.] weight classification of such dressed hog (on ble price determined under paragraph (c) the same line in the table, but in the third (1), (c) (2) or (c) (3) of this Schedule, plus column). Multiply the current Chicago live the designated transportation differential. hog price, for,.hogs of such related live hog (d) Brokers’ fees. The maximum prices P art 1499—Commodities and Services weight classification, by the appropriate sea­ fixed pursuant to paragraph (c) of this Sched­ [Order 214 Under § 1499.3 (b) of GMPR] sonal denominator (on the same line in the ule IV shall include all charges for brokerage table, but in one of the last four columns). and no addition to such prices may be made ELI LILLY AND CO. for brokers’ fees. If the seller pays no bro­ Example: A ^butcher hog dressed shipper kerage fees on shipments of carload lots, the For the reasons set forth' in an opinion style and weighing 190 pounds falls in the maximum price .shall be reduced by $0.125 issued simultaneously herewith, It is 189 to 213 pound weight range and in the per cwt. If the seller pays brokerage on such ordered: 240 to 270 pound related live"*hog weight shipments in an amount less than $0.125 per classification. If it were slaughtered in New cwt., the maximum price shall be reduced § 1499.1450 Approval of maximum York City and shipped on November 24, 1942, by the difference between the amount of prices for sales of “Betalin Complex” by the appropriate seasonal denominator would brokerage actually paid by the seller and Eli Lilly and Company—(a) Sales by Eli be 1.315 and the current Chicago live hog $0.125 per cwt. Lilly and Company—(1) Maximum price would be that reported for Thursday, prices. The maximum prices for sales November 19, 1942, three market days prior (Pub. Laws 421 and 729, 77th Cong.; E.O. to Tuesday, November 24, 1942 or $14.00 per by Eli Lilly and Company of “Betalin cwt. $14.00 multiplied by 1.315 equals 9250, 7 F.R. 7871) Complex” are established as set forth $18.41. Issued this 13th day of January 1943. below: (2) To the price determined under para­ Leon Henderson, graph (c) (1) of this Schedule, add 250 per Administrator. ♦Copies may be obtained from the Office cwt. if the seller delivers such dressed hog by of Price Administration. 1 7 f .r , 7 7 4 9 , 7967, 8363, 8809, 9084, 9736, a local delivery to a point more than 50 miles [F. R. Doc. 43-627; Filed, January 13, 1943; away from the shipping point. 11:13 a. m.] 10581, 10781. FEDERAL REGISTER, Thursday, January 14, 1943 549 M axim um price per package sales on prescription of “Betalin Com­ (3) By Eli Lilly and Company to re­ To retailers plex”. The maximum price for a sale on tailers. Eli Lilly and Company shall To whole- for account of prescription of “Betalin Complex” shall supply to each retailer before or at the Size of package: salers wholesalers be determined by the person making the time of its first delivery of “Betalin Com­ Six 2-cc ampoules. _ $1.60 $1.92 sale on prescription in accordance with plex” to such retailer a written state­ (2) Discounts, allowances, and price the provisions of § 1499.3 (a) of the Gen­ ment as follows: differentials. Eli Lilly and Company eral Maximum Price Regulation, except The OPA has authorized us to charge on shall apply to the maximum prices set that no report of the maximum price deliveries to retailers for the account of forth in subparagraph (1) of this para­ so determined need be filed as required wholesalers $1.92 for each package of six 2-cc graph for its sales of “Betalin Complex” by that section. ' ampoules of “Betalin Complex”. Your ceil­ all quantity differentials, discounts for (d) Marking package with retail ceil­ ing price is authorized to be $2.88 for each different classes of wholesalers, trade ing price. Eli Lilly and Company shall package of six 2-cc ampoules of “Betalin Complex”, except for sales on prescription. praetices, credit terms, practices relating mark each package of “Betalin Complex” Maximum prices for sales on prescription to the payment of transportation costs,- sold'by it with the words “Ceiling Price must be determined under section 3 (a) of and any other customary allowances $2.88.” These words shall be printed or the General Maximum Price Regulation, ex­ which were in effect in March, 1942, on stamped in letters at least one quarter cept that no report of the maximum price its sales of “Betalin S.” as large as those used for the name of need be filed. OPA requires that you keep (b) Sales by wholesalers—(1) Maxi­ the product on the package in which this notice for examination. mum price. The maximum price for “Betalin Complex” is customarily sold by (f) Definitions. When used in this sales by wholesalers of “Betalin Com­ the seller at retail to the ultimate con­ order the term: plex” is established as set forth below: sumer when it is not sold on prescription (1) “ ‘Betalin Complex’” means a M axim um price and the type shall be sufficiently bold package of six 2-cc ampoules, each am­ Sizes of package: per package and the words shall be printed or poule of,which contains a two cubic cen­ Six 2-cc ampoules______$1 . 92 stamped in a color which sharply con­ timeter solution of the following amounts trasts with the background so that the of specific vitamin substances: When used in this order the term words are clearly legible. No retailer, “wholesaler” means any person who buys except a person making a sale on pre­ Mg. “Betalin Complex” and resells it, with­ scription, shall make sales of “Betalin Vitamin B( (Thiamin Chloride)______10 out substantially changing its form to Vitamin B, (Riboflavin)______4 retailers. Complex” unless the package in which Nicotinamide_*______1 2 5 (2) Discounts, allowances, and price the product is "sold is marked with the Calcium Pantothenate______5 differentials. Any wholesaler making retail ceiling price as required by this Vitamin B„ (Pyridoxine Hydrochloride)_10 sales of “Betalin Complex” shall apply to paragraph. (2) “ ‘Betalin S’ ” means a package of the maximum price set forth for such (e) Notification of maximum prices— six 1-cc ampoules, each ampoule of which sales in subparagraph (1) of this para­ (1) By Eli Lilly and Company to whole­ contains a one cubic centimeter solution graph all quantity differentials, discounts salers. Eli Lilly and Company shall sup­ of 60 mg. of vitamin Bi (Thiamin Chlo­ for purchasers of different classes, trade ply to each wholesaler before or at the ride) . practices, credit terms, practices relating time of its first delivery of “Betalin Com­ (g) This Order No. 214 may be re­ to the payment of shipping charges, and plex” a written notification of the max­ voked or amended by the Price Admin­ other customary discounts or allowances imum prices established by this order istrator at any time. , which were in effect in March 1942 on for sales by Eli Lilly and Company and (h) This Order No. 214 § 1499.1450) sales by the wholesaler of “Betalin S” or by wholesalers. The written notifica­ shall become effective on January 14, on sales of the vitamin B complex or tion shall read as follows: 1943. vitamin Bi ampoule most nearly com­ The OPA has authorized us to charge $1.60 for each package of six 2 -cc ampoules of (Pub. Laws 421 and 729, 77th Cong.; E O. parable to “Betalin Complex,” if the ‘‘Betalin Complex”, subject to all customary 9250, 7 F.R. 7871) wholesaler did not sell “Betalin S” in discounts and allowances to different classes March 1942. of wholesalers. Wholesalers are authorized to Issued this 13th day of January 1943. (c) Sales by retailers—(1) Maximum establish a ceiling price of $1.92 for each pack, Leon H enderson, price. The maximum price for sales by age of six 2-cc ampoules of “Betalin Com­ Administrator. retailers of “Betalin Complex,” except plex”, subject to all customary cash discounts for sales on prescription as provided in and allowances. [F. R. Doc. 43-633; Filed, January 13, 1943; 1 1 : 1 1 a. m.] subparagraph (3) of this paragraph, is (2) By Eli Lilly and Company to re­ established as set forth below: tailers via wholesalers, Eli Lilly and M axim um price Company shall include with each ship­ Size of package: per package ping unit of “Betalin Complex” for a pe­ P art 1499— Commodities and S ervices Six 2-cc ampoules______$2. 88 riod of three months a written notifica­ [Order 10 Under Supp. Reg. 15 of GMPR] tion. If such notification is enclosed in When used in this order the term “re­ VIRGINIA APPLE STORAGE, INC. tailer” means any person who buys “Be­ a shipping unit, a legend shall be affixed talin Complex” and resells it directly to outside of such unit to read “Retailer’s Order No. 10 under § 1499.75 (a) (3) of consumers. Notice Enclosed.” If the initial sale by Supplementary Regulation No. 15 of the (2) Discounts, allowances, and price a wholesaler to a retailer is a split-case General Maximum Price Regulation— differentials. Any retailer making sales sale, the wholesaler is required to pro­ Docket No. GF3-2149. of “Betalin Complex” shall apply to the vide such retailer with a copy of this For the reasons set forth in an opinion maximum price set forth for such sales notice. . The written notification shall issued simultaneously herewith, It is in subparagraph (1) of this paragraph read as follows: ordered: all quantity differentials, discounts for The OPA has authorized wholesalers, to § 1499.1310 Adjustment of maximum purchasers of different classes, trade charge $1.92 for each package of six 2-cc prices for warehouse services sold by Vir­ practices, credit terms, practices relating ampoules of “Betalin Complex”, subject to all ginia Apple Storage, Inc. , (a) Virginia to the payment of shipping charges, and customary cash discounts and allowances. Apple Storage, Inc., of Winchester, Vir­ other customary discounts or allowances Retailers are authorized to establish a ceiling price of $2.88 for each package of six 2 -cc ginia, may sell and supply, and any per­ which were in effect in March 1942 on ampoules of “Betalin Complex”, except for son may buy and receive from Virginia sales by the retailer of “Betalin S” or sales on prescription. The maximum price Apple Storage, Inc., the following serv­ on sales of the vitamin B complex or for sales on prescription shall be determined ices at charges not higher than those set vitamin Bi amopule most nearly com­ under section 3 (a) of the General Maximum forth below: parable to “Betalin Complex” if the re­ Price Regulation, except that no report of the (1) Handling and cold storage of beer, tailer did not sell “Betalin S” in March maximum price need be filed. If the initial 200 per half-barrel for the time it re­ 1942. sale by a wholesaler to a retailer is a split- case sale, the wholesaler is required to provide mains in storage. (3) Sales on prescription. The max­ such retailer with a copy of this notice. OPA (2) Handling and cold storage of dried imum price established by subparagraph requires that you keep this notice for exam­ fruit, 300 per hundred pounds per season, (1) of this paragraph shall not apply to ination. for the season commencing with the re- 550 FEDERAL REGISTER, Thursday, January 14, 1943 ceipt of the fruit in the fall and ending § 1499.1059 Denial of application for § 1499.1311 Adjustment of maximum on the following March 31. adjustment of maximum price of wood prices for contract carrier services sold (b) All prayers of the petition not heels sold by Vulcan Corporation, Ports­ by Fruit Belt Motor Service, Inc. (a) granted herein are denied. mouth, Ohio, (a) The application of Fruit Belt Motor Service, Inc;, 1001 Pipe­ (c) This Order No. 10 may be revoked Vulcan Corporation, Portsmouth, Ohio, stone Street, Benton Harbor, Michigan, or amended by the Price Administrator docketed July 23, 1942, and assigned may sell and deliver contract carrier at any time. Docket No. GF3-852, requesting permis­ services to Sears Roebuck & Company at (d) This Order No. 10 (§ 1499.1310) is sion to increase its maximum prices of its highest March prices plus an increase, hereby incorporated as a section of Sup­ wood heels is denied. in the case of each rate, not to exceed plementary Regulation No. 14, which (b) This Order No. 158 (§ 1499.1059) two-thirds of the amount of each in­ shall become effective January 13, 1943. crease appearing in its schedule MF-ICC contains modifications of maximum No. 7 (effective May 7, 1942). Where prices established by § 1499.2. (Pub. Laws 421 and 729, 77th Cong.; E.O. fractions result an adjustment may be (e) This Order No. 10 (§ 1499.1310) 9250,7 F.R. 7871) shall become effective January 14, 1943. made to the nearest one-half cent. Issued this 13th day of January 1943. (b) All requests of the application not (Pub. Laws 421 and 729, 77th Cong.; E.O. Leon Henderson, granted herein are denied. 9250, 7 P.R. 7871) Administrator. (c) This Order No. 11 may be revoked Issued this 13th day of January 1943. or amended by the Price Administrator [F. R. Doc. 43-631; Filed, January 13, 1943; at any time. Leon H enderson, 1 1 : 1 1 a. m.] (d) This Order No. 11 (§ 1499.1311) is Administrator. hereby incorporated as a section of Sup­ [P. R. Doc. 43-628; Piled, January 13, 1943; plementary Regulation No. 14, which 1 1 : 1 1 a. m.] P art 1499—Commodities and Services contains modifications of maximum prices established by § 1499.2. [Order 159 Under § 1499.18 (b) of GMPR] (e) This Order No. 11 (§ 1499.1311) P art 1499—Commodities and Services NEPTUNE MANUFACTURING shall become effective January 14, 1943. [Order 157 Under § 1499.18 (b) of GMPR] Adjustment of maximum prices under (Pub. Laws No. 421 and 729, 77th Cong.; CARBIC COLOR AND CHEMICAL CO., INC. § 1499.18 (b) of the General Maximum E.O. 9250, 7 F.R. 7871) Order No. 157 under § 1499.18 (b) of Price Regulation, Order 159—Docket No. Issued this 13th day of January 1943. GF3-2417. the General Maximum Price Regula­ Leon Henderson, tion—Docket No. GF3-81. For the reasons set forth in an opinion Administrator, For the reasons set forth in an opin­ issued simultaneously herewith, It is or­ ion issued simultaneously herewith, It dered: [P. R. Doc. 43-629; Piled, January 13, 1943; is ordered: § 1499.1060 Adjustment of maximum 1 1 : 1 1 a. m.] § 1499.1058 Adjustment of maximum prices for construction specialties manu­ price for sales of certain Novochrome factured by the Neptune Manufacturing Company, (a) On and after the effec­ Brilliant Green FB by Carbic Color and TITLE 46—SHIPPING Chemical Company, Inc. (a) The max­ tive date of this order, the maximum imum price for sales by Carbic Color and prices that may be charged by Neptune Chapter II—Coast Guard: Inspection and Chemical Company, Inc., New York City, Manufacturing Company of Los Angeles, Navigation of Novochrome Brilliant Green, FB, im­ California, for construction equipment ported by it prior to April 1, 1942, shall manufactured by it shall be the prices Part 136—“A” Marine Investigation be $5.23 per pound, f. o. b. New York set forth in price list No. 32, issued by B oard Rules City. it in April of 1942, a cbpy of which has NOTICE OF CASUALTY AND VOYAGE RECORDS (b) All discounts, allowances, and been received and is on file with this trade practices in effect during March, office. Correction 1942 with respect to sales of Novochrome (b) All prayers of the petition not The form number appearing in the last Brilliant Green FB by Carbic Color and granted herein are denied. line of § 136.103 (page 10866, issue of Chemical Company, Inc., New York City, (c) This Order No. 159 may be re­ Friday, December 25, 1942) should read shall remain in effect under this Order voked or amended by the Price Admin­ “Form NCG 924e” instead of “Form No. 157. istrator at any time. NCG 924c”. (c) All prayers of the applicant not- (d) This Order No. 159 (§ 1499.1060) granted herein are denied. is hereby incorporated as a section of (d) This Order No. 157 may be re­ Supplementary Regulation No. 14, which voked or amended by the Price Admin­ contains modifications of maximum TITLE 47—TELECOMMUNICATION istrator at any time. prices established by § 1499.2. (e) This Order No. 157 (§ 1499.1058) (e) This Order No. 159 (§ 1499.1060) Chapter I—Federal Communications is hereby incorporated as a section of shall become effective January 14, 1943. Commission Supplementary Regulation No. 14 which (Pub. Laws 421 and 729, 77th Cong.; contains modifications of maximum E.O. 9250 7F.R. 7871) Part 1—R ules of Practice and Procedure prices established by § 1499.2. RATE INCREASES (f) This Order No. 157 (§ 1499.1058) Issued this 13th day of January 1943. shall become effective January 14, 1943. Leon Henderson, The Commission, on January 12, 1943, Administrator. effective immediately, adopted the fol­ (Pub. Laws 421 and 729, 77th Cong.; E.O. lowing new section: 9250, 7 F.R. 7871) [P. R. Doc. 43-632; Piled, January 13, 1943; 11:09 a. m.] § 1.482 Rate increases; furnishing to Issued this 13th day of January 1943. Commission of data furnished to Office Leon H enderson, of Price Administration. Any -common Administrator. carrier which proposes an increase in its P art 1499—Commodities and Services rates or charges subject to the jurisdic­ [P. R. Doc. 43-630; Piled, January 13, 1943; [Order 11 Under Supp. Reg. 15 of GMPR] tion of the Commission, which is a “gen­ 11:09 a. m.J eral increase” within the meaning of the FRUIT BELT MOTOR SERVICE, INC. regulations issued by the Office of Price P art 1499—Commodities and Services * Order No. 11 under § 1499.75 (a) (3) Administration under the Emergency Price Control Act, as amended, shall fur­ [Order 158 Under § 1499.18 (b) of GMPR] of Supplementary Regulation No. 15 of the General Maximum Price Regula­ nish to this Commission, concurrently VULCAN CORPORATION tion—Docket No. GF3-1231. with tile furnishing thereof to the Office For the reasons set forth in an opinion For the reasons set forth in an opinion of Price Administration, two copies of any Issued simultaneously herewith, It is or­ notice or other data such carrier may issued simultaneously herewith, It is or* furnish to that agency in connection dered: dered: FEDERAL REGISTER, Thursday, January 14, 1943 551 with such general increase. (Sec. 4 (i), § 521.3503 Partial exemption of cer­ [Docket No. 1717-FD] 48 Stat. 1068; 47 U.S.C. 154 (i) ) tain special trailers. Platform trailers, By the Commission. pole trailers, house hauling trailers, boat Shelby Coal Co. [seal] T. J. Slowie, trailers, transformer oil tank trailers, live ORDER DISMISSING COMPLAINT, AND TERMI­ Secretary. electric line tool trailers equipped with NATING MATTER WITHOUT PREJUDICE solid rubbir tires or pneumatic tires, and [F. R. Doc. 43-645; Filed, January 13, 1943; other rubber-tired trailers the structure In the matter of Shelby Coal Com­ 11:36 a. m.] pany (W. K. Jenne), registered distribu­ of which makes it impracticable to mount tor, Registration No. 4797. or otherwise carry on the vehicle the The above-entitled matter having been certificate of war necessity or fleet unit instituted by a complaint of Ferguson certificate pertaining thereto, are hereby Creek Coal Company, Pikeville, Ken­ TITLE 49—TRANSPORTATION exempted from the provisions of para­ graph (c) of § 501.93 of General Order tucky, filed with the Division on June 6, AND RAILROADS ODT 21, as amended: Provided, That 1941, a hearing thereon having been each such certificate pertaining to a scheduled by Notice of and Order for Chapter II—Office of Defense Hearing issued herein on July 23, 1941, Transportation vehicle exempted hereby shall be kept available for inspection at the office or and said hearing having been indefinitely [General Order ODT 21, Amendment 4] other place of business of the owner or postponed by subsequent order of the Di­ operator of said vehicle at which are rector to a date and place to be there­ Part 501—Conservation of Motor after designated by an appropriate Equipment customarily kept the transportation rec­ ords pertaining to the operation of said order; and SUBPART M— CERTIFICATES OF WAR NECESSITY vehicle. It appearing that the certificate of FOR AND CONTROL OF COMMERCIAL MOTOR This exemption order (§ 521.3503) shall registration of said Shelby Coal Com­ VEHICLES become effective January 13, 1943, and pany (W. K. Jenne) as a registered dis­ tributor having been revoked by order Pursuant to Executive Orders 8989, shall remain in full force and effect until further order. (E.O. 8989, 9156; 6 F.R. of the Director issued in Docket No. D- 9156, and 9294, J.501.97, General Order 15 on November 25, 1942: ODT 21, as amended,1 is hereby amended 6725, 7 F.R. 3349; Gen. Order ODT 21, 7 F.R. 7100, 9006, 9437, 10025) Now, therefore, it is ordered, That the to read as follows: said complaint filed with the Division on § 501.97 Inspection of tires. On and Issued at Washington, D. C. this 13th June 6, 1941, be and the same hereby is after February 28, 1943,.no person shall day of January, 1943. dismissed, and that the above-entitled operate any commercial motor vehicle, J oseph B. Eastman, matter be and the same hereby is ter­ unless within the sixty (60) days immedi­ Director of Defense Transportation. minated without prejudice. ately preceding such operation, or, in the [F. R. Doc. 43-646; Filed, January 13, 1943; Dated: January 9, 1943. event such motor vehicle has been oper­ 11:42 a. m.] [ seal] Dan H. Wheeler, ated more than five thousand (5,000) Director. miles during such period, unless within the five- thousand (5,000) miles last [F. R. Doc. 43-597; Filed, January 12, 1943; operated by such vehicle, all tires N otices 12:31 p. m.] mounted upon the wheels thereof or car­ ried for use on such vehicle have been DEPARTMENT OF THE INTERIOR. inspected by an inspection agency desig­ OFFICE OF PRICE ADMINISTRATION. nated by the Office of Price Administra­ Bituminous Coal Division. [Suspension Order 184] tion, and unless such inspection agency [Docket No. B-328] has certified that such person has made Coca Cola B ottling Company of all reasonable and necessary adjustments, Shelby Coal Co., Inc. Jamestown repairs, retreading, recapping, replace­ ment of parts or tires, and realignment ORDER WITHDRAWING NOTICE OF AND ORDER ORDER RESTRICTING TRANSACTIONS of wheels, found bz7 such inspection FOR HEARING, AND TERMINATING MATTER The Coca Cola Bottling Company of agency to be necessary to conserve and WITHOUT PREJUDICE Jamestown, Jamestown, North Dakota, a providently utilize such tires, unless such In the matter of Shelby Coal Company, corporation, hereinafter called respond­ operator is unable, under then existing Inc., registered distributor, Registration ent, was duly served with a notice of rationing regulations, to make such re­ No. 8320, and W. K. Jenne, an individual specific charges of violations of Ration­ pairs, retreading, recapping or replace­ doing business under the name and style ing Order No. 3, Sugar Rationing Regu­ ment of parts or tires. of Shelby Coal Co., registered distributor, lations, issued by the Office of Price This amendment shall become effec­ Registration No. 4797. Administration. Pursuant to the notice, tive on January 15, 1943. (E.O. 8989, The above-entitled matter having a hearing upon the charges was held in 9156, 9294; 6 F.R. 6725, 7 F.R. 3349, 8 been instituted by Notice of and Order Bismarck, North Dakota, on November F.R. 221). for Hearing dated September 16, 1942, 16, 1942. There appeared a representa­ Issued at Washington, D. C., this 12th and the hearing herein having been in­ tive of the Office of Price Administration day of January 1943. definitely postponed by subsequent Or­ and respondent. The evidence pertain­ der of the Director to a date and place ing to the charges was presented before J oseph B. Eastman, to be thereafter designated by an appro­ an authorized presiding officer. The Director of Defense Transportation. priate order; and matter having been considered by the [F. R. Doc. 43-598; Filed, January 12, 1943; It appearing that the certificates of Deputy Administrator in Charge of Ra­ 1:09 p. m.] registration of said Shelby Coal Com­ tioning, it is hereby determined that: pany, Inc., and said W. K. Jenne as regis­ (a) Respondent is an industrial user tered distributors having been revoked of sugar, doing business at 109 Second by order of the Director issued in Docket Avenue, S.,E., Jamestown, North Dakota, [Exemption Order ODT 21-4] No. D-lS on November 25, 1942: and is engaged in the business of manu-' Now, therefore, it is ordered, That the facturing soft drink beverages for sale Part 521—Conservation of Motor said Notice of and Order for Hearing at wholesale. Equipment, Exceptions, Permits and dated September 16, 1942, be and the (b) Respondent has violated Ration­ Exemptions same is hereby withdrawn, and that the ing Order No. 3, Sugar Rationing Regu­ SUBPART M— CERTIFICATES OF WAR above-entitled matter be and the same lations -(§§ 1407.83 and 1407.84), in that NECESSITY hereby is terminated without prejudice. in registering as industrial user of sugar C e r t a in S p e c ia l T r a il e r s Dated: January 9, 1943. on OPA Form R-310 respondent declared [seal] D an H. Wheeler, that the inventory of sugar owned by Pursuant to Executive Orders 8989 and Director. it on April 28, 1942, was 14,400 pounds, 9156,.It is hereby ordered, That: whereas the inventory of sugar owned [F. R. Doc. 43-596; Filed, January 12, 1943; by respondent on that date was, in fact, 1 7 F.Rr 7100, 9006, 9437, 10025. 12:31 p. m.] 30,130 pounds, as respondent then knew. No. 9----- 6 552 FEDERAL REGISTER, Thursday, January 14, 1943 (c) Respondent has violated Ration­ time as deductions have been made for [Amendment 1 to Order 27 Under MPR 122] ing Order No. 3, Sugar Rationing Regu­ the entire balance of 25,350 pounds. C. K. Smith and Company (i) Any terms used in this Suspension lations, (§§ 1407.83 and 1407.85),in that ORDER GRANTING ADJUSTMENT on April 28, 1942, in registering as an Order No. 184 that are defined in the industrial user of sugar, respondent de­ sugar rationing regulations shall have Amendment No. 1 to Order No. 27 un­ clared on OPA Form R-310 that it used the meaning therein given them. der Maximum Price Regulation No. 122— monthly quantities of sugar aggregating (Pub. Law 421, 77th Cong.; sec. 2 (a) of Solid Fuels Delivered from Facilities 109,400 pounds during the year 1941 in Pub. Law 671, 76th Cong., as amended by Other Than Producing Facilities—Deal­ the production of bottled beverages, fla­ Pub. Law 89, 77th Cong, and by Pub. ers—Docket No. 3122-39. voring extracts and syrups; whereas, in Law 507, 77th Cong.; E.O, No. 9125 (7 Paragraph (d) of Order No. 27 under fact, respondent used only 72,216 pounds F.R. 2719); WJP.B. Directive No. 1 (7 Maximum Price Regulation No. 1221 is of sugar during said year for such pur­ F.R. 562); WJP.B. Supplementary Direc­ amended to read as follows: poses as respondent then knew. tive No. IE (7 F.R. 2965) ) (d) This Order No. 27 shall be effec­ (d) By means of the misrepresenta­ tive as of June 20,1942.. tions made by respondent on OPA Form Issued and effective this 13th day of (Pub. Laws 421 and 729, 77th Cong.; E.O. R-310 filed on April 28,1942, concerning January 1943. 9250, 7 F.R. 7871) respondent’s inventory of sugar on April P aul M. O’Leary, 28, 1942, and the amount of sugar used Deputy Administrator Issued and effective this 13th day of by it during each of the twelve months in Charge of Rationing. January 1943. of the year 1941, respondent obtained Leon Henderson, sugar purchase ^certificates for 25,350 {F. R. Doc. 43-638; Filed, January 13, 1943; Administrator. 1 1 : 1 0 a. m.] pounds to which it was not entitled. [F. R. Doc. 43-637; Filed, January 13, 1943; (e) Respondent has violated Rationing 1 1 : 1 0 a. m.] Order No. 3, Sugar Rationing Regula­ [Order 2 Under MPR 19] tions, (§ 1407.141), in that on July 28, Williams F urniture Co. 1942, it assigned and transferred sugar purchase certificate No. C-29531488, hav­ ORDER DISMISSING APPLICATIONS FOR [Order 7 Under MPR 127} ing a weight value of 5,800 pounds, to ADJUSTMENT J. Weinstein & Sons, Inc. the M. A. Nashold Company, a corpora­ Order No. 2 under Maximum Price order granting exception tion, without receiving sugar in exchange Regulation No. 19—Southern Pine therefor. Lumber. Order No. 7- under Maximum Price (f) On September 18,1942, respondent, On the 20th day of October 1942, Wil­ Regulation No. 127—Finished Piece in filing an amended registration as an liams Furniture Company, Sumpter, Goods—Docket No. 3127-486. industrial user of sugar, declared on OPA South Carolina, filed two applications On June 25,1942, J. Weinstein & Sons, Form R-310 that it used monthly quan­ for adjustment of the maximum prices Inc., (herein referred to as Petitioner), tities of sugar aggregating 84,116 pounds established by Maximum Price Regula­ 251-255 Fourth Avenue, New York, New during the year 1941 in the production of tion No. 19 for certain Southern pine York, filed a petition for exception pur­ bottled beverages, flavoring extracts and lumber. suant to § 1400.82 (i) (3) of Maximum syrups; whereas, in fact, respondent used Due consideration has been given to Price Regulation No. 127. Consideration only 72,216 pounds of sugar during said the applications, and an opinion in sup­ has been given to the petition and an year for such purposes. port of this order has been issued simul­ opinion in support of this Order No. 7 Because of the great scarcity and criti­ taneously herewith and has been filed has been issued simultaneously herewith cal importance of sugar in the United with the Secretary of the Office of Price and has been filed with the Division of States, respondent’s violations of Ration Administration. % - the Federal Register, For the reasons Order No. 3, Sugar Rationing Regula­ For the reasons set forth in the opin­ set forth in the opinion under the au­ tions, have resulted in the diversion of ion, under the authority vested in the thority vested in the Price Administrator sugar from military and essential civil­ Price Administrator and in accordance by the Emergency Price Control Act of ian uses into non-essential uses, in a with the Emergency Price Control Act of 1942, as amended, and in accordance manner contrary to the public interest 1942, as amended, Executive Order 9250, with Revised Procedural Regulation No. and detrimental to the national war ef­ and Procedural Regulation No. 6; It is 1, issued by the Office of Price Adminis­ fort. It appears to the Deputy Admin­ ordered, That Applications Nos. 3019-6 tration, It is hereby ordered: istrator in Charge of Rationing that fur­ and 3019-7 be and the same hereby are (a) Petitioner is granted an exception ther violations by respondent are likely denied. from the provisions of § 1400.82 (i) (2) unless appropriate administrative action Unless a request for review is filed, any (v) of Maximum Price Regulation No. is taken. It is therefore ordered: contracts entered into by the Williams 127, to the extent that it may concur- (g) The amended registration filed by Furniture Company at the prices re­ rently: . „ , , respondent on or about September 18, quested in the Application shall be re­ (1) Convert and sell, in finished form, 1942, is hereby cancelled; but respondent vised in accordance with the terms of grey goods purchased prior to May 4, may re-register as an industrial user of this order and payments made to the X942 and sugar and shall show in such registration Williams Furniture Company in excess of (2) Charge a jobber’s markup on sales the actual amount of sugar used by it the maximum prices authorized by this of goods purchased in a finished state. for industrial purposes during each Order shall be refunded to the pur­ (b) The exception granted in para­ month of the year 1941. chasers, and, within 30 days after the graph (a) above, shall be subject to the (h) 50,700 pounds of sugar shall be date on which this order was mailed to it, following conditions: deducted from the weight value of the the applicant shall file a statement with (1) Petitioner shall file with the Office sugar purchase certificates that respond­ the regional office with which the Ap­ of Price Administration, Washington, ent would otherwise be entitled to receive plications were originally filed to the ef­ D. C., within 15 days following the date under the sugar rationing regulations fect that such contracts were revised in of issuance of this order, a report show­ upon his re-registration in accordance accordance with the terms of this order ing the total yardage of grey goods that with paragraph (g) hereof. Respondent and that, wherever required, refunds petitioner has on hand which yvere pur­ chased prior to May 4, 1942. a shall not receive any sugar purchase cer­ were made. If a request for review is (2) Petitioner shall file with the Office tificates until 25,350 pounds of this filed the provisions of § 1300.401 of Pro­ of Price Administration, Washington, amount have been deducted. Deduction cedural Regulation No. 6 shall govern. D C on or before the 15 th day follow­ of the balance of 25,350 pounds may be Issued and effective this 13th day of January 1943. ing the last sale of those goods converted spread over several allotment periods, Leon Henderson, from the inventory purchased Prior ™ but in no allotment period shall respond­ Administrator. May 4, 1942 a report showing the tota ent be granted sugar purchase certifi­ [F. R. Doc. 43-634; Filed, January 13, 1943; cates for more than fifty per cent of its i 7 F.R. 8370. allotment for such period until such 11:09 a. m.] FEDERAL REGISTER, Thursday, January 14, 1943 553 yardage and dollar volume of sales of poration has not been granted by this poration so as to ensure that the corpo­ finished piece goods converted and sold order, the application is denied. rate structure of Republic Service Cor­ from said inventory. (c) This order may be revoked or poration does not unduly or unnecessarily (c) All prayers of the petition not amended by the Office of Price Adminis­ complicate the structure, or unfairly or granted herein are denied. tration at any time. inequitably distribute voting power (d) This Order No. 7 may be revoked (d) This order shall become effective among security holders, of the Republic or amended at any time. January 14, 1943. Service Corporation holding cpmpany (e) Unless the context otherwise re­ system. quires, the definitions set forth in (Pub. Laws 421 and 729, 77th Cong.; E.O. 9250, 7 F.R. 7871) Notice of the issues thus to be consid­ § 1400.81 of Maximum Price Regulation ered is hereby given to the Respondents, No. 127 shall apply to the terms used Issued this 13th day of January 1943. to the other interested parties, and to herein. Leon Henderson, any other person whose participation in (f) This Order No. 7 Shall become ef­ Administrator. such proceeding may be in the public fective January 14, 1943. interest or for the protection of investors [F. R. Doc. 43-635; Filed, -January 13, 1943; and consumers. (Pub. Laws 421 and 729, 77th Cong.; E.O. 11:09 a. m.] 9250, 7 P.R. 7871) By the Commission. Issued this 13th day of January 1943. [seal] Orval L. DuBois, Secretary. Leon Henderson, Administrator. SECURITIES AND EXCHANGE COM­ [F. R. Doc. 43-600; Filed, January 12, 1943; 2:37 p. m.] [F. R. Doc. 43-636; Filed, January 13, 1943; MISSION. 1 1 : 1 0 a. m.] [File Nos. 5Ô-47, and 54-63]

Republic Service Corp., et al. [File No. 59-9] S tandard Power and Light Corp., et al. [Order 4 Under MPR 136 as Amended] NOTICE AND ORDER SPECIFYING CERTAIN ISSUES TO BE CONSIDERED AT RECONVENED ORDER GRANTING EXTENSION OF TIME Chrysler Corporation HEARING At a regular session of the Securities order granting in part and denying in At a regular session of the Securities and Exchange "Commission held at its part and Exchange Commission held at' its office in the City of Philadelphia, Pa., Order No. 4 under Maximum Price office in the City of Philadelphia, Pa., on on the 8th day of January, A. D. 1943. Regulation No. 136, as amended—Ma­ the 9th day of January, 1943 A. D. In the matter of Standard Power and chines and Parts and Machinery Serv­ In the matter of Republic Service Cor­ Light Corporation, Standard Gas and ices—Docket No. 3136-171. poration and its subsidiaries, respond­ Electric Company and subsidiary com­ For the reasonsjset forth in an opinion ents. panies thereof, respondents. issued simultaneously herewith and filed The Commission having by orders The Commission having by an order with the Division of the Federal Regis­ dated May 9 and June 17,1942, instituted dated August 8, 1941, entered in the ter, and pursuant to and under the au­ proceedings against Republic Service above styled and numbered matter pur­ thority vested in the Price Administra­ Corporation and its subsidiaries under suant to section 11 (b) (1) of the Public tor by the Emergency Price Control Act sections 11 (b) (1) and 11 (b) (2) of the Utility Holding Company Act of 1935, of 1942, as amended, Executive Order Public Utility Holding Company Act of directed Standard Gas and Electric No. 9250, § 1390.25 (a) of Maximum 1935; hearings have been held thereon Company, a registered holding company, Price Regulation No. 136, as amended, from time to time; the Trial Examiner to dispose of its interest in certain com­ and Procedural Regulation No. 6, It is having continued the hearings to 10:00 panies as designated therein; and hav­ hereby ordered: a. m., January 18, 1943, at the offices of ing by the terms of said order reserved (a) Chrysler Corporation of Detroit, the Commission, 18th and Locust Streets, jurisdiction to enter such further orders Michigan is hereby authorized to enter Philadelphia, Pennsylvania; as it might deem necessary or appro­ into, offer to enter into and carry out It appearing appropriate at this time priate; and contracts with the United States or any to consider what action should be taken The respondent, Standard Gas and agency thereof covering the following by the Commission pursuant to sections Electric Company, having filed an ap­ marine engines at prices not in excess 11 (b) (1) and 11 (b) (2) of the Act on plication pursuant to section 11 (c) of of the maximum prices set opposite each the basis of the record already adduced said Act for an extension of time for engine listed below: and to be adduced at such reconvened the period of one year within which hearing: to comply with said order of August 8, Stand­ Oppo­ It :s ordered, That without limiting the 1941; and Model ard site scope of issues to be considered in the The Commission having found that No. rota­ rota­ proceeding evidence will be adduced and Standard Gas and Electric Company has tion . tion consideration will be given at the recon­ been unable in the exercise of due dili­ vening of the hearing to the following Crown Marine Engine gence to comply with said order within issues: the initial statutory period of one year Reverse Gear $388.00 $394.00 1. Whether the Commission should from the date thereof, and that an ex­ Reduction Gear.. 1.43 433.00 440.00 enter an order forthwith pursuant to sec­ Reduction Gear___ 1.95 438.00 445.00 tension of time is necessary and appro­ Reduction G ear... 2.56 449.00 456.00 tion 11 (b) (1) of the Act requiring the Reduction Gear___ 3.46 481.00 487.00 divestment by Republic Service Corpora­ priate in the public interest and for the Reduction G ear.. 4.91 588.00 594.00 protection of investors; Reduction Gear, “V” Type.. 1.43 512.00 519.00 tion of all interests held by it, directly Reduction Gear, “V” Type.. 2.05 513.00 519.00 or indirectly, in the businesses conducted It is ordered, That Standard Gas and Royal Marine Engine and properties owned by Page Power Electric Company be and it is hereby Company, Madison Power Company, granted an additional period of one year Reverse Gear. $510.00 $513.00 Reduction Gear. Î. 43 595.00 595.00 Massanutten Power Corporation, Mas- from August 8, 1942, within which to Reduction Gear 2.03 605.00 605.00 sanutten Water Corporation, Holston comply with said order of August 8,1941. Reduction G ear.. 2.51 620.00 620.00 River Power Company, Lehigh Ice Com­ Reduction G ear... 3.17 627.00 627.00 By the Commission. Reduction Gear___ 4.48 716.00 718.00 pany, and Susquehanna Ice Company. [seal] Orval L. DuBois, 2. Whether the Commission should en­ Secretary. ter an order forthwith pursuant to sec­ (b) To the extent that the application tion 11 (b) (2) of the Act requiring the [F. R. Doc. 43-599; Filed, January 12, 1943; for adjustment filed by the Chrysler Cor­ recapitalization of Republic Service Cor­ 2:37 p. m.]

\ SCHEDULE A gj WAR PRODUCTION BOARD.' tion of the project and delivery of mate­ rials therefor, the builder and suppliers Date o f N otice to Builders and Suppliers of I s­ affected shall refer to the specific order 'Preference issuance suance of R evocation Orders Revok­ rating Serial No. Name and address of the builder Project affected of revo­ issued to the builder. order cation ing and Stopping Construction of (P.D. Reg. 1, as amended, 6 F.R. 6680; Certain Projects W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 F.R. P-19-e 120-E State Highway Commission of Montana, Melstone, M ont. FA P 328-1 (1) 1/8/43 The Director, General for Operations 329; E.O. 9040, 7 F.R. 527; E.O. 9125, (Unit 1) P-19-« 218-E Louisiana Department of Highways, Lake Bruin, La. Floodway 3 1/8/43 of the War Production Board has issued 7 F.R. 2719; sec. 2 (a), Pub. Law 671, (1), Floodway 4 (l) 1/8/43 certain revocation orders listed in Sched­ 76th Cong., as amended by Pub. Laws 89 P-19-e 236 Delaware State Highway Department, Elemere, Del. FAGM 166 D (1).. ule A below, revoking preference rating and 507, 77th Cong.) P-19-e 042-E Colorado State Highway Department, De Beque, Colo. SN-FAGH 1/8/43 orders issued in connection with, and Issued January 12, 1943. Denver, Colo. 210-D (1) stopping the construction of the projects PD -2 C-77804 \Produce Terminal Corporation, Chicago, Powerhouse, Chicago, 111__...... 1/6/43 affected. For the effect of each such Ernest K anzler, PD-1 15116 / 111. / order upon preference ratings, construc- Director General for Operations.

[F. R. Doc. 43-605; Filed, January 12, 1943; 4:04 p. m.] REGISTER, FEDERAL s c h e d u l e a

D ate of Preference issuance n 6 tice to B uilders and Suppliers of Is ­ Notice to B uilders and Suppliers of Name and address of builder Project affected rating Serial No. of revo- suance of Stop Construction Orders order tion Issuance of R evocation Orders Par­ Stopping Construction of Certain tially R evoking and Partially S top­ 1/8/43 Projects P-19-e 34441-E Pennsylvania Department of Highways, Pensylvania. SN -FA 233-A (2) ping Construction of Certain P rojects Harrisburg, Pa. (1941) SN -FA 930-B (1) ¡(1943). The Director General for Operations of 1/8/43 P-19-e 12030-E Ohio Department of Highways, Colum- Ohio. SN-FAP 103Q-B (1)...... bus, Ohio. the War Production Board has issued The Director General for Operations 12032-E Ohio Departm ent of Highways, Oolum-. Penfield, Ohio. SN -FA P 1030-G 1/8/43 certain stop construction orders listed in P-19-e (1) 488-C (2) & 488-A (3). of the War Production Board has issued 1/8/43 Schedule A below, stopping the construc­ P-19-e 26852-E New Mexico State Highway Commission, New Mexico. SN -FA P 9U-C (1)— Sante Fe, N. Mex, tion of the projects affected. For the certain orders partially stopping con­ 1/8/43 P-19-« 15992-E Illinois Department of Public Works and Williamsville, 111. SN-FA 26 (25) effect of each such order upon construc­ Buildings, Division of Highways, (2). struction and partially revoking applica­ Springfield, 111. 1 tion of the project and delivery of mate­ 1/8/43 ble preference ratings stopping the con­ 1943 14, January Thursday, P-19-e 32749 Illinois Department of Public Works and Illinois. SN -FA 25 J (1), Roadway- rials therefor, the builder and suppliers Buildings, Division of Highways, struction of the project affected and Springfield, 111. affected shall refer to the specific ordfer 1/6/43 P-19-h 2856$ American Food Products Corporation, Klamath Falls, Oreg— ..... ------issued to the builder. partially revoking the ratings applicable Chicago, 111. _ , _ 1/6/43 P-19-a 2507-A Telephone Corporation, Erie, P a...—— — Oil City, P a ___ ...... ------.... (P.D. Reg. 1,'as amended, 6 F.R. 6680; thereto which orders are listed in Sched­ W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 ule A below. For the effect of each [F. R. Doc. 43-604; Filed, January 12, 1943; 4:04 p, m.(] F.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, 7 F.R. 2719; sec. 2 (a), Pub. Law 671, 76th such order upon the construction of the Cong., as amended by Pub. Laws 89 and project and delivery of materials there­ 507, 77th Cong.) Notice to Builders and Suppliers of Is­ delivery of materials therefor, the for, the builder and suppliers affected suance of R evocation Orders P artially builder and suppliers affected shall refer Issued January 12, 1943. shall refer to the specific order issued R evoking anO Stopping Construction to the specific order issued to the builder. Ernest Kanzler, to the builder. of Certain P rojects (P.D. Reg. 1, as amended, 6 F.R. 6680; Director General for Operations. The Director General for Operations W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 SC H ED U LE A (P.D. Reg. 1, as amended, 6 F.R. 6680; of the War Production Board has issued W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 F.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, D ate of certain revocation orders listed in Sched­ 7 F.R. 2719; sec., 2 (a), Pub. Law 671, issuance F.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, ule A below partially revoking preference 76th Cong., as amended by Pub. Law« 89 Name and address of Project affected of stop the builder construc­ 7 F.R. 2719; sec. 2 (a), Pub. Law 671, rating orders issued in connection with, and 507, 77th Cong.) and partially stopping the construction tion order 76th Cong., as amended by Pub. Laws 89 of the projects affected. For the effect Issued January 12, 1943. Ernest Kanzler, South 1 Carolina State Westminster, S. 1/8/43 and 507, 77th Cong.) of each such order upon preference rat­ Hwy. Dept., Colum- O ., S N -F A P ings, construction of the project, and Director General for Operations. bia, S. C, , 312-C (1). Issued January 12, 1943. Ernest Kanzler, [F. R. Doc. 43-606; Filed, January 12, 1943; 4:04 p. m.] Director General for Operations. S C H E D U L E A SCHEDULE A—Continued 1 ------Date of D ate of Name and address of builder issuance of Project affected revocation Name and address of builder Project affected issuance of order revocation order U. S. Department of Commerce, Civil Aeronautics Adminis­ Airport Development Project, Devil’s 1/4/43 U. S. Dept, of Commerce, Civil Aero­ Lighting Facilities, New Orleans-Kenner, La____ tration, Washington, D. C. Lake, N. Dak. nautics Administration, Washing­ 1/4/43 U. S. Department of Commerce, Civil Aeronautics Adminis­ Airport Development Project Mont­ 1/4/43 ton, D. C. tration, Washington, D. C. pelier, Idaho. U. S. Dept, of Commerce, Civil Aero­ Lighting Facilities, Shawnee, Okla...... U. S. Department of Commerce Civil Aeronautics Adminis­ Airport Development Project, Santa 1/4/43 nautics Administration, Washing­ 1/4/43 tration, Washington, D. C. Fe, N. Mex. ton, D. C. U. S. War Department Corps of Engineers, Washington, D. C .. Flood Control Project, Wallace Lake 1/6/43 U. S. Dept, of Commerce, Civil Aero­ Lighting Facilities, New Smyrna, Fla...... Reservoir, La. nautics Administration, Washing­ 1/4/43 U. S. W ar D epartm ent Corps of Engineers, Washington, D . C._ Flood Control Project, Cincinnati, 1/6/43 ton, D. C. . ' Ohio. U. S. D epartm ent of Commerce, Civil Lighting Facilities—Arlingtori, Grand Prairie, Tex. U. S. War Department Corps of Engineers, Washington, D. C._ Flood Control Project, John Martin 1/6/43 Aeronautics Administration, 1/4/43 V Reservoir, Colo. Washington, D. C. U. S, War Department Corps of Engineers, Washington, D. 0__ Flood Control Project, Massillon, 1/6/43 U. S. Dept, of Commerce, Washington, Airport Development Project, Artesia, N. Mex.__, 1/4/43 Ohio. D . O. REGISTER, FEDERAL U. S. War Department, Corps of Engineers, Washington, D. C_ Flood Control Project, Paducah, Ky_. 1/6/43 UjS. Dept, of Commerce, Washington, U. S. War Department, Corps of Engineers, Washington, D. C. Flood Control Project, Plym outh, Pa__ 1/6/43 Airport Development Project, Donaldsonville, La- 1/4/« U. S. War Department, Corps of Engineers, Washington, D. O. Flood Control Project, York, Pa ___ 1/6/43 U. S. D ept, of Commerce, W ashington, Airport Development Project, Ruston, La...... U. S. War Department, Corps of Engineers, Washington, D. C. Flood Control Project, Kansas City,- 1/6/43 D . C. 1/4/43 Mo., and Kansas. U. S. Dept, of Commerce, Washington, Airport Development Project, Mason City, Iowa.. U. S. War Department, Corps of Engineers, Washington, D. C_ Flood Control Project, Memphis, 1/6/43 D . C. ' 1/4/43 Tenn. U. S. Dept, of Commerce, Washington, U. S. War Department, Corps of Engineers, Washington, D. C. Flood Control Project, Wolf Creek 1/6/43 Airport Development Project, Wilkes-Barre, P a - 1/4/43 Reservoir, Ky. U^S. Dept, of Commerce, Washington, U. S. W ar Departm ent, Corps of Engineers, Washington, D. C . Flood Control Project, Bluestone 1/6/43 Airport Development Project, Natchez, Miss___ _ 1/4/43 Reservoir, W. Va. U. S. Dept, of Commerce, W ashington, Airport Development Project, Cushing, Okla____ U. S. War Department, Corps of Engineers, Washington, D. C_ Flood Control Project, Wilkes-Barre 1/6/43 D . O. 1/4/43 and Hanover, Pa. U. S. Dept, of Commerce, Washington. Airport Development Project, Georgetown, Tex._ U. S. War Department, Corps of Engineers, Washington, D. C_ Los Angeles and Long Beach Harbors, 1/6/43 D. C. 1/4/43 Calif. U. S. Dept, of Commerce, Washing­ Airport Development Project, Nogales, Ariz___... ton, D . O. 1/4/43 U: S. Dept, of Commerce, Washing­ Airport Development Project, Willcox, Ariz...... [F. R. Doc. 43-607; Filed, January 12, 1943; 4:05 p. m.] ton, D. C. 1/4/43 U. 8. Dept, of Oommerce, Washing­ Airport Development Project, Helena, Mont...... ton, D . C. 1/4/43 U. S, War Dept., Corps of Engineers, Sacramento River, Calif.—Flood Control Project—Channel 1/6/43 1943 14, January Thursday, W ashington, D . O. enlargement, Sacramento River from Cache Slough to N otice to B uilders and Suppliers of Is ­ of the project and delivery of materials mouth. suance of R evocation Orders R evoking therefor, the builder and suppliers af­ U. S. War Dept., Corps of Engineers, Sacramento River, Calif., Flood Control Project, Level recon- Washington, D. C. 1/6/43 and S topping Construction of Certain fected shall refer to the specific order struction, left bank of Sacramento River at various locations between Knights Landing and Meridian. , P rojects issued to the builder. U. S. War Dept., Corps of Engineers, Sacramento River, Calif.—-Flood Control Project—Levee re­ 1/6/43 Washington, D. C. construction right bank Sacramento River at various loca­ The Director General for Operations (P.D. Reg. 1, as amended, 6 F.R. 6680; tions from Princeton to Glenn. W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 U. S. W ar D ept., Corps of Engineers, Sacramento River, Calif.—Flood Control Project—Channel 1/6/43 of the War Production Board has issued Washington, D. C. clearing and snagging on upper reaches of Sacramento River certain orders stopping construction and F.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, and tributaries. 7 F.R. 2719; sec. 2 (a), Pub. Law 671, 76th U. S. War Dept.; Corps of Engineers, Sacramento River,* Calif., Flood Control Project—Alterations 1/6/43 revoking applicable preference ratings Cong., as amended by Pub. Laws 89 and Washington, D. C. of railroad and other bridges. stopping the construction of the project U. S. War Dept., Corps of Engineers, Sacramento River, Calif.—Flood Control Project, Levee recon­ 1/6/43 507, 77th Cong.) Washington, D. C. struction Georgiana Slough, Lindsey Slough, and other affected and revoking the ratings ap­ minor tributaries. plicable thereto, which orders are listed Issued January 12, 1943. U. S. War Dept., Corps of Engineers, Alluvial Valley of Mississippi River, Flood Control Project— 1/6/43 Washington, D. C. Corrective Dredging Atchafalaya River. in Schedule A below. For the effect of Ernest K anzler, U. S. War Dept., Corps of Engineer«;' Alluvial Valley of Mississippi River, Flood Control Project— 1/6/43 each such order upon the construction Washington, D. C. Morgan City Levee, Southern Pacific Railroad to Bayou Director General for Operations. Boeuf. U. S. War Dept., Corps of Engineers, Alluvial Valley of Mississippi River—Flood Control Project— 1/6/43 SC H ED U LE A Washington, D. C. Charenton Flood-gate. U. S. War Dept., Corps of Engineers, Alluvial Valley of Mississippi River—Flood Control Project, 1/6/43 Washington, D. C. Flood Wall, Cairo, 111. D ate of U. S. W ar D ept., Corps of Engineers, Alluvial Valley of Mississippi River—Flood Control Project, 1/6/43 Name and address of builder Project affected issuance of Washington, D. C. Bayou Sorrell Lock. revocation U. S. War Dept., Corps of Engineers, Alluvial Valley of Mississippi River—Flood Control Project, 1/6/43 order Washington, D. C. Morganza Crossings. U. S. W ar D ept., Corps of Engineers, Alluvial Valley of Mississippi River—Flood Control Project, 1/6/43 Washington, D. C. Yazoo Backwater Levees. U. S. Dept, of Commerce, Washington, Airport Development Project, Saranac TAke, N. Y ______1/4/32 U. S. W ar D ept., Corps of Engineers, Alluvial Valley of Mississippi River—Flood Control Project, 1/6/43 D. C. Washington, D. C. Seawall, Morgan City, La. U. S. Dept, of Commerce, Washington, Airport Development Project, Miami, Virginia Key (Miami 1/4/43 U. S. W ar D ept., Corps of Engineers, Alluvial Valley of Mississippi River—Flood Control Project, 1/6/43 D. C. Number Two) Fla. Washington, D. C. Red River Backwater Levees. U. S. Dept, of Commerce, Civil Aero­ Lighting Facilities, Purcell, Okla...... 1/4/43 U. S. W ar D ept., Corps of Engineers, Alluvial Valley of Mississippi River—Flood Control Project, 1/6/43 nautics Administration, Washing­ Washington, D. C. Charehton-Intracoastal Canal Levee. ton, D. C. U. S. War Dept., Corps of Engineers, Elmira, New York, Section 2______...... 1/6/43* U. S. Dept, of Commerce, Civil Aero- Lighting Facilities, Blanchard, Okla...... 1/4/43 Washington, D. C. nautics Administration, Washing­ U. S. War Dept., Corps of Engineers, Surry Mountain Reservoir, N. H...... 1...... 1/6/43 ton, D. C. . Washington, D. C* pi SCHEDULE A—Continued CT SCHEDULE A—Continued or Gì D ate of Date of issuance of issuance of Name and address of builder Project affected relocation Name and address of builder Project affected revocation order order

River and Harbor Project—Craney Island Anchorage, Norfolk 1/6/43 1/6/43 U. 8. War Dept., Corps of Engineers, U. S. War Dept., Corps of Engineers, Birch Hill, Reservoir, Mass...... —------Washington, D. C. Harbor, Va. ,, Washington, D. C. River and Harbor Project, New Bedford Harbor, Mass— ----- 1/6/43 1/6/43 U. 8. War Dept., Corps of Engineers, U. 8. War Dept., Corps of Engineers, Knightville Reservoir, M ass..... ___.... ------—------Washington, D. C. Washington, D. C. Biver and Harbor Project, Bridgeport Harbor, Conn...... 1/6/43 1/6/43 U. 8. War Dept., Corps of Engineers, U. S. War Dept., Corps of Engineers, Tibbee Creek, Miss. (Snagging)...... —...... Washington, D. C. " Washington, D. C. Bivpr and Harbor Project, Old Biver, Calif...... 1/6/43 1/6/43 U. S. War Dept., Corps of Engineers, U. 8. War Dept., Corps of Engineers, ,Memphis, Tenn. (Sections 1, 2, 3, 5, 6 and 7 ) ...... Washington, D. C. Washington, D. C. Biver and Harbor Project, San Joaquin Biver, Calif...... 1/6/43 1/6/43 U. 8. War Dept., Corps of Engineers, U. S. War Dept., Corps of Engineers, Natchitoches Parish, La______...... Washington, D. C. Washington, D. C. Biver and Harbor Project, Ohio Biver------—— ------1/8/43 1/6/43 U. 8. War Dept., Corps of Engineers, U. 8. War Dept., Corps of Engineers, Hatchie River, Miss, and Tenn. (Snagging)------...... Washington, D . O. (a) Dredging at Wheeling Island.

Washington, D. C. ( (b) Dredging at Little Grave Creek Bar. REGISTER, FEDERAL U. 8. War Dept., Corps of Engineers, Obion River, Tenn. (Snagging)...... 4...... 1/6/43 (c) Dredging Straight Creek Bar. Washington, D. C. (d) Dredging upper approach to Dam # 53. U. 8. War Dept., Coips of Engineers, Bayou Gabon, La. (Snagging)...... —...... — • 1/6/43 (e) Access road to Dasnields Locks. 1/6/43 Washington, D. C. ' Ü. 8. War Dept., Corps of Engineers, Biver and Harbor Project, Mississippi Biver between Mis­ Bear Creek, Miss. (Snagging)...... , ...... ——- 1/6/43 TJ. 8. War Dept., Corps of Engineers, Washington, D. C. souri and Minneapolis, Minn.: Washington, D. C. (a) Landward Lock #2, Hastings. U. 8. War Dept., Corps of Engineers, Big Black Biver, Miss. (Snagging)...... 1/6/43 (b) Pilot Channels at Locks 13,14,17,18, 21. Washington, D. C. (c) Channel markers, Pools 24 and 26. , 1/6/43 1/6/43 U. 8. War Dept., Corps of Engineèrs, Big Creek, La. (Snagging)...... — v U. 8. War Dept., Corps of Engineers, Biver and Harbor Project, Hudson Biver, N. Y., Contracts, Washington, D. C. W-1097—Eng. 1917 and 2087. .. . , 1/6/43 Washington, D. 0. 1/6/43 U. 8. War Dept., Corps of Engineers, Cross, Caney, Black and Kimball Bayous, La. (Snagging)—., U. 8. War Dept., Corps of Engineers, Biver and Harbor Project, Potomac Biver, North Side of Washington, D. C. Washington Channel, District of Columbia. , 1/6/43 Washington, D. C. 1/6/43 U. S. War Dept., Corps of Engineers, Little Creek, La. (Snagging)...... — . U. 8. War Dept., Corps of Engineers, Biver and Harbor Project, Liberty Island Anchorage, New Washington, D. C. York Harbor. _ 1/6/43 Washington, D. C. , 1/6/43 U. 8. War Dept., Corps of Engineers, Quiver River, Miss. (Shagging)...... U. 8. War Dept., Corps of Engineers, ■Biver and Harbor Project, Thames Biver, Conn------Washington, D. C. 1/6/43 Washington, D. C. 1/6/43 U. 8. War Dept., Corps of Engineers, Yalobusha River, Miss. (Snagging)...... — U. 8. War Dept., Corps of Engineers, Portsmouth-New Boston, Ohio, Sections 4 to 6, inclusive------Washington, D. C. 1/6/43 Washington, D. C. 1/8/43 U. B. W ar D ept., Corps of Engineers, Lavaca River, Tex. (Snagging)...... U. 8. War Dept., Corps of Engineers, Biver and Harbor Project, Fort Peck Navigation...... Washington, D. C. Washington, D. C. U. S. War Dept., Corps of Engineers, Trinity Biver, Tex. (Snagging)...... 1/6/43 Thursday Washington, D. C. x U. 8. War Dept., Corps of Engineers, Blue Mountain Reservoir, Ark______—- r 1/6/43 [P. R Doc. 43-608; Piled, January 12, 1943; 4:05 p. m.] Washington, D. C. U. 8. War Dept., Corps of Engineers, Clearwater Reservoir, Mo ...... - ...... 1/6/43 4 I / Washington, D. C. U. 8. War Dept., Corps of Engineers, Lac Qui Parle Reservoir, M inn..... ------1/6/43 Washington, D. C. R estoration and Amendment of P ref­ The above serially numbered prefer­ TJ. 8. War Dept., Corps of Engineers, Columbia Drainage.and Levee District, 111------L------... 1/6/43 ence rating order is hereby amended to , Washington, D. C. erence R ating 1943 y i l January U. 8. War Dept., Còrps of Engineers, Green Bay Levee and Drainage District, Iowa...... 1/6/43 expire on June 30, 1943. Washington, D. C. Preference Rating Order P-19-h, Se­ U. 8. War Dept., Corps of Engineers, Mounds and Mound City, 111------1/6/43 rial No. 25530. Name of builder; Federal (PD Reg. 1, as amended, 6 F.R. 6680; Washington, D. C. W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 U. 8. War Dept., Corps of Engineers, San Gabriel River Channel, Calif...... : ...... —...... 1/6/43 Works Agency, North Interior Building, Washington, D. C. Washington, D. C. Project: WPW 6-166, F.R. 329;.E.O. 9040, 7 F.R. 527; E.O. 9125, U. S. War Dept., Corps of Engineers, Sacramento Biver, Calif. (Snagging)------. . . . . ------— 1/6/43 7 F.R. 2719; sec. 2 (a), Pub. Law 671, 76th W ashington, D. O. East Hartford, Connecticut. U. 8. War Dept., Corps of Engineers, Stony Creek, Calif. (Snagging)------..... ------1/6/43 The revocation issued December 24, Cong., as amended by Pub. Laws 89 and Washington, D. C. 507, 77th Cong.) U. S. War Dept., Corps of Engineers, Napa River, Calif. (Snagging)...... r - 1/6/43 1942 of the above serially numbered pref­ Washington, D. C. erence rating order is hereby cancelled; Issued January 12,1943., TJ. 8. War Dept., Corps of Engineers, Malheur River, Oreg. (Snagging)...... —- ...... -—- 1/6/43 Washington, D. C. the ratings assigned by said preference Ernest K anzler, U. 8. War Dept., Corps of Engineers, Westport District, O reg...... ------, 1/6/43 rating order are hereby restored; and Director General for Operations. Washington, D. C. U . S. W ar D ept., Corps of Eng Dorena Reservoir, Oreg. (Relocations) — ------.....— 1/6/43 said preference rating orders shall have W ashington, D. C.' full force and effect, as hereinafter [F. R. Doc. 43-609; Filed, January 12, 1943; U. 8. W ar Dept., Corps of Eng Biver and Harbor Project—Columbia River, Vancouver, 1/6/43 4.05 p. m.] W ashington, D . O. Washington, to Bonneville, Oreg. amended.

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