1934 VOLUME 8 ^ NUMBER 109 S a u t e d *

Washington, Thursday, June 3, 1943

S. 89°09' W., approximately 450 ft.; CONTENTS The President S. 1°H ' W., approximately 640 It.; N. 89°21' E., approximately 230 ft.; THE PRESIDENT S. 0°56' W., approximately 280 ft., to north PROCLAMATION 2587 line of county road; P roclamation: PaSe S. 85°44' W., approximately 505 ft., along Olympic National Park, Wash,, Enlarging Olympic National P ark— north line of county road; enlargement------7365 W ashington S. 65°11' W., approximately 120 ft., along north line of county road; REGULATIONS AND BY THE PRESIDENT OF THE UNITED STATES S. 44°30' W., approximately 136 ft.; NOTICES OF AMERICA N. 69815' W., 77.3 ft.; A PROCLAMATION S. 46°45' W., 83 ft.; Bituminous Coal Division: S. 29°Q9' E., 58.2 ft.; Hearings, etc.: WHEREAS the act of June 29, 1938, S. 43°00' W., approximately 170 ft., to the Railway Fuel Co------7405 c. 812, 52 Stat. 1241 (U.S.C., title 10, secs. south boundary of lot 1; Republic Coal Co______7405 251-255), established the Olympic Na­ N. 89827' E., approximately 1150 ft., to the east boundary of sec. 3; Minimum price s c h e d u le s tional Park in the State of Washington, N. 0°56' E., 1306.8 ft., to the place of begin­ amended: and authorizes the enlargement thereof ning; District 13_____ 7369 by proclamation under the terms and secs. 10 to 15, inclusive, and 22 to 28, in­ • District 17__ 7372 conditions set forth in the said act; and clusive, partly unsurveyed. F ederal P ower Commission: WHEREAS it is deemed advisable to secs. 35 and 36, unsurveyed. Pennsylvania Electric Co., no­ add to the said park certain hereinafter- The areas described aggregate approxi­ tice of application______7406 described lands now within the bound­ mately 20,600 acres. F ish and W ildlife S ervice: aries of the Olympic National Forest; A 1 a s k a commercial fisheries, and The administration, protection, and salmon traps______7404 WHEREAS the terms and conditions development of the lands within this General Land Offic e: of section 5 of the said act of June 29, area shall be exercised under the direc­ Land withdrawals: 1938, have been fully complied with in tion of the Secretary of the Interior by Idaho and Washington, revo­ respect of such lands: the National Park Service, subject to the cation______7405 NOW, THEREFORE, I, FRANKLIN D. provisions of the act entitled “An Act to Nevada______7405 ROOSEVELT, President of the United establish a National Park Service, and H ome Owners’ Loan Corporation: States of America, under and by virtue Property Management Division, of the authority vested in me by section for other purposes,” approved August 25, 1916, 39 Stat. 535 (U.S.C. title 16, secs. case review by property 5 of the aforesaid act of June 29, 1938, committee______7367 do proclaim that, subject to all valid 1 and 2), and acts supplementary thereto or amendatory thereof, and to all other Treasury Division, signatories— 7367 existing »rights, the following-described I nternal R evenue Bureau: lands, in the State of Washington, are laws, rules, and regulations applicable Industrial alcohol, excise tax hereby added to and made a part of to the said park. amendments______7367 the Olympic National Park: Nothing herein contained shall affect I nterstate Commerce C ommission: Willamette Meridian, Washington any valid existing claim, location, or en­ Anthracite coal movement____ 7403 T. 28 N„ R. 5 W., try made under the land laws of the Bituminous coal movement----- 7403 secs. 4, 5, and 6, unsurveyed. United States, whether for homestead, Navy Department: T. 29 N„ R. 5 W„ mineral, right-of-way, or any other pur­ General regulations affecting the sec. 7, W*£, W%SEi4, partly unsurveyed; pose whatsoever, or shall affect the right public______7393 sec. 17, SW ^NE^, 'W%NW%, SE&NW&, of any such claimant, locator, or entry- Officer personnel, regulations_ 7402 S fa O ffice of D efense T ransportation: secs. 18 to 20, Inclusive, and 29 to 34, in­ man to the frill use and enjoyment of his I. C. T. Bus Co., coordinated op­ clusive, unsurveyed. land, nor the rights reserved by treaty erations between Provi­ T. 28 N., R. 6 W., to the Indians of any tribes. sec. 1, unsurveyed. dence, R. 1», and New Bed­ T. 29 N.. R. 6 W., IN WITNESS WHEREOF I have here­ ford, Mass______7406 secs. 1 and 2; unto set my hand and caused the seal of Motor equipment conservation, sec. 3, sy2 lot 4, Sy2Ny2, Sy2, and that part the United States to be affixed. certificates of war neces­ of lot 1 within the following described DONE at the City of Washington this sity (Exemption Order 21— boundaries: 2A)______7404 Beginning at the northeast comer of sec. 29th day of May, in the year of our Lord 3, thence (Continued on next page) (Continued on next page) 7365

./ 7366 FEDERAL REGISTER, Thursday, June 1943 .¿SVONAl.4» CONTENTS—Continued

P etroleum Administration for Regulations REGISTER W ar: Page Petroleum supply (PAO 7)____ 7392 . «934 ¿y Un it io s R eclamation B ureau: TITLE 10—ARMY: WAR DEPARTMENT Kings River project, Calif., first Chapter VII—Personnel form withdrawal______7405 S ecurities and Exchange Commis­ P art 73—Appointment of Commissioned sio n : Officers, W arrant Officers, anb Chap­ Published dally, except Sundays, Mondays, lains and days following legal holidays, by the Hearings, etc.: Division of the Federal Register, The National Commonwealth & Southern appointments not made from certain Archives, pursuant to the authority contained Corp. (Del.)*.______7408 classes in the Federal Register Act, approved July 26, Community Power and Light 1935 (49 Stat. 500, as amended; 44 U.S.C,, Co:, et al______7409 Section 73.205 (j) is hereby amended ch. 8B), under regulations prescribed by the Consolidated Electric and Gas as follows: Administrative Committee, approved by the Co., and Islands Gas and § 73.205 Appointments not made from President. Distribution is made only by the Superintendent of Documents, Government Electric Co______7409 certain classes.1 No person will be ini­ Printing Office, Washington, D. C.« Illinois Iowa Power Co______7408 tially appointed in the Army of the The regulatory material appearing herein is New York Water Service United States from the following classes: keyed to the Code of Federal Regulations, Corp., and Federal Water ***** which is published, under 50 titles, pursuant and Gas Corp______7407 (j) Any civilian without prior commis­ to section 11 of the Federal Register Act, as Ogden Corp______7410 sioned service (see § 73.206 (c) ) who amended June 19, 1937. Standard Power and Light has not attained his 38th birthday at the The Federal Register will be furnished by Corp------7407 mail to subscribers, free of postage, for $1.50 date of appointment unless classified by per month or $15.00 per year, payable in ad­ S elective" S ervice S ystem : Selective Service as class IV-D or IV-F vance, The charge for individual copies Occupational certification, form on account of physical disability. Ex­ (minimum 15(f) varies in proportion to the revised______7373 ception may be made in the case of doc­ size of the issue. Remit check or money W age and H our D ivision : tors of medicine, dentistry, and veteri­ order, made payable to the Superintendent Learner employment certifi­ nary medicine, and in other cases where of Documents, directly to the Government cates, issuance to various there is a critical need for the services Printing Office, Washington, D. C. industries______7405 of a particular individual, or where the There are no restrictions on the republica­ W ar D epartment: tion of matefial appearing in the Federal individual is within a scarce category of Register. Commissioned officers, warrant specialized skill in which not enough officers, and chaplains; ap- men trained to fill the requirements of pointment**______7366 the armed forces are available at the Exemption from renegotiation* 7404 time required. No civilian of any age, CONTENTS—Continued Medical and dental attendance, except a doctor of medicine, dentistry, admission to Army hospi­ or veterinary medicine cleared by the O ffice of P rice Administration: Page tals ------7366 Procurement and Assignment Service, Coffee rationing (RO 12, Am. Transportation, dependents of War Manpower Commission, will be ap­ 39)______1______7380 United States M ilitary pointed if classified as II-A, II-B, or Flaxseed (MPR 397, Am. 1)___ 7392 Academy graduating offi­ II-C unless released from such classifica­ Food products, fixed mark-up cers------7367 tion by his local board. (55 Stat. 728; regulation a t wholesale W ar P roduction B oard: 10 U.S.C. Sup. 484) [Par. 7j, AR 605-10, (Rev. MPR 237, Am. 2)___ 7384 Agar (M-96)______4______7375 December 30, 1942, as amended by C 6, Foods, processed; rationing (RO Clothing for men and boys (L- May 25, 1943] 13, Am. 34)______7380 224)------7377 [seal] J. a. Ulio, Fruits and vegetables, fresh Controlled materials plan: Major General, (MPR 376, Am. 1)______7391 Delayed delivery on April or­ The Adjutant General. Gasoline rationing: ders (CMP Reg. 1, Di­ (RO 5C, Am. 5 to Supp. 1)__ 7391 rection 11)______7379 [F. R. Doc. 43-8896; Filed, June 1, 1943; (RO 5C, Am. 52)______7390 Purchases to round out a line 2:39 p. m.] Meat, fats, fish and cheeses; ra­ (CMP Reg. 3, Int. 2) 7379 tioning (RO 16, Am. 31)__ 7381 Rerating not compulsory Paper, tissue products (MPR ' (CMP Reg. *5, Direction 266, Am. 4)______7383 3 ) ------7379 P art 77—M edical and Dental Petroleum and petroleum prod­ Elevators (L-89)______7376 Attendance ucts (RPS 88, Am. 105)___ 7382 Lamps, incandescent, fluores­ Printing and printed paper cent, etc. (L-28-a, Am. 2) __ 7374 ADMISSION TO ARMY HOSPITALS commodities (MPR 225, Malted grains and malt syrups Section 77.15 (b) (13) is amended as Am. 5)------7382 (M-288)______7379 follows: Puerto Rico (MPR 183, Am. 37) _ 7392 Military rating procedure, dele­ § 77.15 Persons who may be admitted Lard and rice rationing (Re­ gation of authority (Dir. to Army hospitals.2 * * * striction Order 4, Am. 5)_ 7391 23)------7373 .(b) List. * * * Ration orders, uniform appeal Priorities system operation (Pri­ (13) (i) A civilian seaman or river procedure; Region II (Pro- orities Reg. 1, Int. 2)___ 7374 boatman, in Army hospitals, within the cedural Reg. 9, Am. 8)___ 7381 Vitamin A (L-40)____ •__ ___ 7374 continental limits of the United States, Regional, State, and district of­ only on a permit issued by a medical fice orders: officer of the United States Public Health Community ceiling prices, nineteen hundred and forty- Service or by a customs officer, unless his etc., list of orders filed** 7406 [seal] three, and of the Independence condition demands immediate relief, Rubber boots and work shoes, of the United States of America, when, in the discretion of the station men’s; rationing: the one hundred and sixty-seventh. (RO )------*----- 7390 commander, he may be admitted in ad­ 6 F ranklin D R oosevelt (RO 6A)------7384 vance of the receipt of the permit. Sugar rationing (RO 3, Am. 65) _ 7380 By the President: - (ii) American merchant seamen, in Tires, retreaded and recapped, Cordell H ull, time of war and for 6 months thereafter, and retreading and recap­ Secretary of State. in Army hospitals outside the continental ping (RPS 66, Am. 2)_____ 7381 [F. R. Doc. 43-8933; Filed, June 1, 1943; 1 8 F.R. 1000, 2411, 3246, 3281. Typewriters (RO 4A, Am. 3)___ 7384 4:35 p. m.] * 7 FR. 1410, 8 F.R. 3664. FEDERAL REGISTER, Thursday, June 3, 1943 7367 limits of the United States, without ex­ be presented, except in cases which are when any operations, transactions, etc., pense to the seamen concerned. (RJ3. required by the Manual to be submitted of any nature whatsoever are being car­ 161; 5 U.S.C. 22) [Par. 8b, AR 40-590, to the General Manager or Deputy Gen­ ried on, such operations or transactions February 2,1942, as amended by C 9, May eral Manager in Charge of Property and tile premises, equipment, stocks, ma­ 21,1843] Management. terials, records, and reports required by law and regulations. [ se a l ] J. A. Ulio, Effective June 1, 1943. Major General, § 182.860 G e n e r a l—(a) To whom The Adjutant General. (Secs. 4 (a), 4 (k), 48 Stat. 129, 132, as amended by section 13, 48 Stat. 647: 12 may be sold. Except as provided in par­ m R. Doc. 43-8897; Filed, June 1, 1943; U.S.C. 1463 (a), (k), E.O. 9070, 7 F.R. agraph (b), products such as bay rum, 2:39 p. m.] lilac vegetal, hair lotions, dry shampoos, 1529) deodorant sprays, skin lotions, perfumes, [seal] J. F rancis M oore, toilet waters, and similar products, made Secretary. Chapter IX—Transport with specially denatured alcohol, may [F. R. Doc. 43-8931; Filed, June 1, 1943; be sold only to barber shops, beauty par­ Part 93—T ransportation op I ndividuals 4:17 p. m.] lors, beauty and barber supply dealers, wholesale and retail drug stores, general DEPENDANTS OF U. S. MILITARY ACADEMY wholesale and retail stores, bona fide GRADUATES retailers of cosmetics, and actual users. Section 93.1 (a) (3) is amended as [Bulletin 205] (1) Reprocessing, bottling, or repack­ follows: P art 407—T reasury Division aging. Persons specified in paragraph § 93.1 Dependents—(a) To whom SIGNATORIES (a) who desire to reprocess, bottle, or repackage such products, must procure transportation furnished/ * * * Section 407.15 (7 F.R. 3958) is amended permission therefor from the district (3) Officers of graduating classes of to read as follows: United States Military Academy. Effec­ supervisor, pursuant to application filed tive January 19,1943, for the duration of § 407.15 .Signatories. The Regional in accordance with paragraph (f ). the war, officers of the graduating classes Treasurer and the Assistant Regional (b) Purchase by other persons. The of the United States Military Aeademy Treasurer in each Regional Offiee are district supervisor, pursuant to applica­ will be entitled to transportation for authorized, individually, to sign checks tion filed in accordance with paragraph their authorized dependents, at Govern­ drawn on the Regional Working Fund (f ), may authorize the sale of such prod­ ment expense, from the home of the of­ maintained with the Treasurer of the ucts to persons, other than those speci­ ficer concerned or from West Point, New United States for their respective Re­ fied in paragraph (a), who are engaged York, as actually performed, to the first gion. All checks in excess of $5,000 drawn in a legitimate reprocessing, bottling, permanent station, including a station at on such accounts shall be countersigned distributing, or other business, and who a service school of respective arms or by the Regional Manager or, in all Re­ establish a bona fide need for such prod­ services at which they may be assigned gions except New York, by an Assistant ucts for reprocessing, bottling, repack­ for first permanent station. Transpor­ Regional Manager, by a Deputy Assist­ aging, and/or resale. tation of dependents is also authorized ant Regional Manager, or by an Assist­ (c) Containers not exceeding 1 gallon ant to the Regional Manager. in capacity. Except as provided in para­ from the first permanent station to the graph (d), such products must be put next permanent station. The transpor­ Effective June 1, 1943. tation herein authorized is not subject UP and sold in containers not exceeding to the wartime restriction stated in sub- (Sees. 4 (a), 4 (k), 48 Stat. 129, 132, as 1 gallon in capacity and be sold only to paragraph Cl) (ii) above, except that amended by section 13, 48 Stat. 647: 12 the persons specified in paragraphs (a) upon completion of travel of dependents U.S.C. 1463 (a), (k), E.O. 9070, 7 F.R. and (b). 1529) (d) Containers larger than 1 gallon. to the second permanent duty station all The district supervisor, pursuant to ap­ travel of dependents at Government ex­ [seal] J. F rancis Moore, plication filed in accordance with para­ pense thereafter, will be subject to such Secretary. restriction. (R.S. 161; 41 Stat. 421; 5 graph (f ), may authorize manufacturers, U.S.C. 22; 10 U.S.C. 756, 756b) [Par. 8a, [F. R. Doc. 43-8932; Filed, June 1, 1943; reprocessors, bottlers, and distributors to AR 55-120, April 26, 1943, as amended by 4:17 p. m.] sell such products in containers exceed­ C 2, May 27, 1943] ing 1 gallon in capacity to (1) actual users for use by them, and (2) other [seal] J. A. Ulio, manufacturers, reprocessors, bottlers, or Major General, TITLE 26—INTERNAL REVENUE distributors for reprocessing, bottling, The Adjutant General. repackaging, and/or resale in the con­ [F. R. Doc. 43-8898; Filed, June J, 1943; Chapter I—Bureau of Internal Revenue tainers and to the persons specified in 2:39 p. m.] Subehapter C—Miscellaneous Excise Taxes this section. Persons who make appli­ cation under paragraph (b) to purchase [TD. 5270] such products, and who desire to pro­ P art 182—I ndustrial Alcohol cure them in containers larger than 1 TITLE 24—HOUSING CREDIT gallon, may file one application for both MISCELLANEOUS AMENDMENTS permissions, as indicated in paragraph Chapter IV—Home Owners’ Loan By virtue of and pursuant to sections (f) (4). Corporation 3670, 3105, 3109, 3111, 3114, 3121 (c), (e) Reprocessing, rebottling, repack­ [Bulletin 202] 3124 (a) (6), and 3176, Internal Revenue aging, and relabeling by others. Except Code, Regulations 3, as amended, is as provided in this section, such products P art 403—P roperty M anagement hereby further amended, effective July may not be reprocessed, rebottled, re­ Division 1, 1943, as follows: packaged, or relabeled by persons other than the manufacturer thereof. case review by property committee Sections 182.324 (b), 182.860, 182.861, 182.862, and 182.875 are amended to read (f) Application. Application to pro­ The second paragraph of § 403.02 (8 as follows: cure such products pursuant to para­ P.R. 560) is amended to read as follows: graphs (a) Cl), (b), and/or (d), must be § 182.324 (b) Inspection of premises made by the purchaser to the district § 403.02 Property committee. All and records. All persons conducting a supervisor of his district. The applica­ cases submitted to that committee shall business under a basic permit issued be reviewed by at least two of its mem­ pursuant to these regulations shall per­ tion shall be filed in quadruplicate (quin- bers. The concurrence of a majority of mit any Internal Revenue officer to in­ tuplicate if it is desired to purchase the members reviewing a case shall be spect immediately at any time during products from a manufacturer or other sufficient to decide any question that may regular business hours, or at any time authorized vendor located in another supervisory district), and shall set forth 16 F.R. 2501, 4057; 7 F.R. 7072. 17 F.R. 3958. fully: 7368 FEDERAL REGISTER, Thursday, June 3, 1943

(1) The nature of the applicant’s such products in containers larger than with the information required above, as business and the purpose (reprocessing, 1 gallon for bottling, repackaging, and/or may be conveniently accommodated bottling, repackaging, and/or resale, or resale shall keep Record 134, as required thereon. (Secs. 3070, 3105, 3109, 3111 use) for which he desires to procure the by § 182.875 in the case of manufacturers 3114, 3121 (c), 3124 (a) (6), 3176 I. R. C.) products; of such products. (2) The name of the products, and (i) Inspection of premises. The § 182.862 Reprocessors; Form 1479-A. the maximum quantity of each, which premises where the products specified in Applicants desiring to reprocess the he desires to procure during any cal­ this section are reprocessed, bottled,.or products specified in § 182.860 must sub­ endar month; repackaged, or are received in containers mit directly to the Commissioner quan­ (3) The name and address of the larger than 1 gallon, shall be subject to titative formulas and processes on manufacturer or other authorized vend­ inspection by Government officers at any Form 1479-A in accordance with § 182.- or from whom the products will be time during regular business hours or at 147, in addition to labels and advertising procured, any time when any operations, transac­ matter required by §§ 182.149 and 182.- (4) The kind and size of the con­ tions, etc., of any nature whatsoever are 861. The Form 1479-A must show the tainers in which he desires to procure being carried on, as provided in § 182.324 name, address, and permit number of the the products, and if in containers of- Ob) in the case of manufacturers of such original manufacturer, the name of the more than 1 gallon in capacity, pursuant products. (Secs. 3070, 3105, 3109, 3111, product to be reprocessed, and the quan­ to paragraph (d), his reasons for desir­ 3114, 3121 (c), 3124 (a) (6), 3176 I. R. C.) tities of each ingredient to be added, in­ ing to procure the products in such cluding water to produce the new article. containers; § 182.861 Labels. Bottles and other The formula of the finished preparation (5) The kind of containers in which, containers of the products specified in as stated on Form 1479-A shall total one and the persons to whom, the products § 182.860 shall be labeled to show the gallon or multiple thereof. (Secs. 3070, will be resold (not applicable to users) ; name and address of the original manu­ 3105, 3109, 3111, 3114, 3124 (a) (6), 3176 (6) That he will observe all of the facturer, or the basic permit number of I.R.C.) provisions of these regulations respect­ such manufacturer and the name and § 182.875 Manufacturing and sales ing such products, including the con­ address of person by or for whom the records and invoices. Persons holding tainers in which, and the persons to bottles or other containers are filled: permits to use specially denatured al­ whom, the products are sold, and the Provided, That where the products are cohol shall keep records and invoices as keeping of records and making his reprocessed by a permittee, the name hereinafter provided. premises available for inspection by and address or the permit number of (a) Records 133 and 134. Persons Government officers. the reprocessor shall be shown in lieu holding permits to use specially dena­ The application may be filed for a of the permit number of the original tured alcohol in excess of 25 wine gallons specific quantity or period, or it may manufacturer; however, where such per calendar month in the manufacture be filed for a continuing authorization, products are reprocessed by a nonper­ of articles specified in § 182.860 shall subject to the articles being handled in mittee, the permit number of the original keep Records 133 and 134 as provided in accordance with these regulations. A manufacturing permittee must be subparagraphs (1) and (2) hereof. Per­ separate application must be filed for shown: Provided further, That the fore­ sons whose permits authorize the use each manufacturer or other authorized going requirements shall not apply to of 25 wine gallons or less of specially de­ vendor from whom it is desired to pur­ any preparation marketed under a trade natured alcohol per calendar month in chase such products. name label in a container of less than 4 the manufacture of articles specified in (g) Action by district supervisor. The ounces, if the manufacturer or bottler § 182.860, but who purchase for re­ district supervisor will make such inquiry specifies on Form 1479-A, with which the processing, bottling, repackaging, and/or or investigation as may be necessary to label is submitted for approval in ac­ resale such articles in quantities which, determine the legitimacy of the appli­ cordance with paragraph (a), that the with their permit allowance, amount to cant’s business and his reasons for de­ label is to be used on containers of less more than 25 wine gallons per month, siring to procure (or reprocess, bottle, or than 4 ounces. shall likewise keep Records 133 and 134. repackage) the products. If the dis­ (a) Labels to be approved. All per­ (1) Record 133. There shall be kept trict supervisor finds that the applicant sons bottling such products must submit a true and correct manufacturing record is conducting a bona fide business and Form 1479-A with labels or facsimiles on Record 133 of all specially denatured may be properly permitted to obtain (or thereof to the Commissioner for approval alcohol received and used, articles re­ reprocess, bottle, or repackage) the before use, in accordance with § 182.149. processed, essential oils, chemicals, or products, he will, in his discretion, ap­ Where labels are submitted for approval other materials used in manufacturing, prove the application in whole or in part, by persons other than the original manu­ and of all articles manufactured in ac­ or otherwise restrict the privileges ap­ facturer or reprocessing permittee, the cordance with the headings of the vari­ plied for. If the district supervisor ap­ name, capacity, and address of the bot­ ous columns and the instructions on the proves the application, he will note his tler, shall be shown in the heading of record, or issued in respect thereto. action on all copies thereof. . If the Form 1479-A, and in the space provided (2) Record 134. There shall also be vendor is located in his district, the for stating the “Formula,” there shall be kept a true and correct sales record on supervisor will retain the original copy, typed the words “For Label Approval Record 134 of all articles manufactured, return one copy to the applicant, for­ Only,” followed by: or received from others for reprocessing, ward one copy to the vendor, and the (1) The name, address, and permit bottling, repackaging, and/or resale, and remaining copy to the Commissioner; if number of the original manufacturer or of the disposition of all such articles, in the vendor is located in another dis­ reprocessing permittee; accordance with the headings of the var­ trict, the supervisor will forward all (2) The name under which the prep­ ious columns and the instructions on copies of the application to the super­ aration was manufactured or reproc­ the record, or issued in respect thereto. visor of such district, who, if he sees no essed; (3) Records to be provided by per­ objection to the proposed sales, will note (3) The name under which the prep­ mittees at own expense. Specimen copies his concurrence on each copy of the ap­ aration is to be bottled and labeled; of Records 133 and 134 will be furnished plication, retain one copy ond return the (4) The size of the containers in which permittees by district supervisors. Such other copies to the supervisor of the ap­ the product will be bottled; and Records 133 and 134 will be provided by (5) The manner of showing the name permittees at their own expense, but plicant’s district for distribution as pro­ and address of the bottler or person for must be in the prescribed form: Provided, vided above. whom the product is bottled, and the That district supervisors may authorize (h) Records. Reprocessors of the permit number of the manufacturer or permittees to make modifications of the products specified in this section shall reprocessor, on containers of 4 ounces or prescribed records to adapt their use to keep Records 133 and 134, and persons more. tabulating or other mechanical equip­ authorized by the district supervisor, There may be submitted on one set of ment, or to the permittee’s operations, or pursuant to paragraph (d), to purchase Forms 1479-A as many labels, together to provide additional information, where FEDERAL REGISTER, Thursday, June 3, 1943 7369 such modifications do not affect the the date of receipt of essential oils, ner hereinafter set forth; no petitions clarity and purpose of the records or in­ chemicals, and other materials and arti­ of intervention having been filed with terfere with their ready examination by cles, and the date of sale, delivery, or the Division in the above-entitled mat­ Government officers. Other disposition of articles or prepara­ ter; and the following action being (4") Exceptions. District supervisors tions, and in such manner as to permit deemed necessary in order to effectuate may, in their discretion, authorize per­ ready examination by Government offi­ the purposes of the Act ; mittees in writing to maintain other cers. The invoices covering the purchase It is ordered, That, pending final dis­ manufacturing and sales records, in lieu of essential oils, chemicals, and other position of the above entitled matter, of Records 133 or 134, or parts thereof: materials and articles shall show the temporary relief is granted as follows: Provided, That such substitute records name and complete addresses of the per­ Commencing forthwith, § 333.6 (General reflect the data required by Records 133 sons from whom such products were pur­ prices) is amended by adding thereto and 134 in a manner which permits Gov­ chased. The invoices covering the sale Supplement R-I, § 333.7 (Special prices— ernment officers to readily determine the of articles or preparations shall show (a) Prices for shipment to all railroads proper use of all specially denatured al­ the names and complete addresses of the and for exclusive use of railroads) is cohol and the disposition of all articles persons to whom such articles or prepa­ amended by adding thereto Supplement made therefrom, and which is otherwise rations are sold, delivered, or otherwise R—H, § 333.7 (.Special prices—Oc) Prices satisfactory to the district supervisor. disposed of. All invoices shall show the for shipment hy railroad, applicable to (b) Records of other permittees. Per­ quantities (if liquid, in wine gallons and all coal sold for steamship vessel fuel) is sons holding permits to use specially de­ decimal fractions thereof) of essential amended by adding thereto Supplement natured alcohol in excess of 25 wine gal­ oils, chemicals, other materials, and R -m , § 333.24 (General prices) is lons per calendar month in the manu­ articles. amended by adding thereto Supplement facture of articles other than those spec­ . (e) Period which records and invoices R-IV, § 333.25 (Special prices—(b) ified in § 182.860 must keep a permanent must he kept. All manufacturing and Prices for shipment to all railroads for record showing the following data: (1) sales records and invoices required by locomotive fuel, station heating, power The quantity of each formula of specially this section shall be kept in legible form plants and other uses) is amended by denatured alcohol on hand at all times; on the premises covered by the basic per­ adding thereto Supplement R-V, § 333.27 (2) the quantity of each formula of spe­ mit and shall be retained by the permit­ (Prices for shipment by river (free along­ cially denatured alcohol used, and the tee subject to inspection by Government side) for all uses (except for railway loco­ name of each article in which used; (3) officers in accordance with § 182.324. motive fuel) for delivery via the Tennes­ the quantity (if liquid, in wine gallons (f) Failure to keep records and in­ see River f. a. s. consumers in the and decimal fractions thereof) of each voices. Failure to keep or retain records States of Tennessee and Alabama) is article manufactured; and (4) the names and invoices in the manner herein re­ amended by adding thereto Supplement and complete addresses of the persons to quired will constitute grounds for the R-VI, § 333.34 (General prices in cents whom such articles are sold, delivered, issuance of citation for revocation of the per net ton for shipment into all market or otherwise disposed of, with the quan­ permittee’s basic permit. (Secs. 3070, areas) is amended by adding thereto tities (if liquid, in wine gallons and deci­ 8105, 3109, 3111, 3114, 3121 (c) , 3124 (a) Supplement T-I, and § 333.43 (General mal fractions thereof) sold, delivered, or (6), 3176 I.R.C.) prices in cents per net ton for shipment otherwise disposed of, to such persons, [ seal] ' G u y T . H elvering, into all market areas) is amended by and the date thereof. Persons whose Commissioner of Internal Revenue. adding thereto Supplement T-H, which supplements are hereinafter set forth permits authorize the use of 25 wine Approved: June 1, 1943. gallons or less of specially denatured and hereby made a part hereof. alcohol per calendar month, but who J ohn L. S ullivan, It is further ordered, That pleadings purchase for reprocessing, bottling, re­ Acting Secretary of the Treasury. in opposition to the original petition in packaging, and/or resale articles con­ [F. R. Doc. 43-8974; Piled, June 2, 1943; the above-entitled matter and applica­ taining specially denatured alcohol in 11:50 a. m.] tions to stay, terminate or modify the quantities which, with their permit al­ temporary relief herein granted may be lowance, amount* to more than 25 wine filed with the Division within forty-five gallons per month, shall likewise keep (45) days from the date of this order, such record. TITLE 30—MINERAL RESOURCES pursuant to the rules and regulations (1) Form of record. No particular governing practice and procedure before form for such record is prescribed, but Chapter III—Bituminous Coal Division the Bituminous Coal Division in proceed­ the required data above must be readily [Docket No. A-1939] ings instituted pursuant to section 4 II ascertainable from the record, and from (d) of the Bituminous Coal Act of 1937. the invoices kept in accordance with P art 333— M inim um P rice S chedule, It is further ordered, That the re­ D istrict No. 13 paragraph (d) hereof by the manufac­ lief herein granted shall become final turer. ORDER GRANTING RELIEF sixty (60) days from the date of this (c) Entries on records. Entries shall Order granting temporary relief and order, unless it shall otherwise be be made on the records required by par­ conditionally providing for final relief ordered. agraphs (a) and (b) of this section on in the matter of the petition of District The original petition requests, among the day on which operations or trans­ Board No. 13 for establishment of price other matters, the establishment, both actions occur: Provided, That if memo­ classifications and minimum prices and temporary and permanent, of price randa are kept of operations or transac­ for other relief for the coals of certain classifications and minimum prices for tions, the entries on the records may be mines. the coals of Mine Index No. 1780 for made on the following day. An original petition pursuant to sec­ shipment by truck and for the coals of (d) Invoices. All persons holding per­ tion 4 II (d) of the Bituminous Coal Act Mine Index Nos. 38, 1526,1527,1641,1760, mits to use specially denatured alcohol of 1937, having been duly filed with this 1766,1776 and 1780 for shipment by rail­ shall retain copies of invoices covering: Division by the above-named party, re­ road applicable for all uses except for (1) The purchase of all essential oils, questing the establishment, both tempo­ railroad locomotive fuel, steamship chemicals, and other materials used in rary and permanent, of price classifica­ bunker fuel and blacksmithing. Such manufacturing articles or preparations tions and minimum prices for the coals relief is not granted herein for the rea­ with specially denatured alcohol; (2) of certain mines, for a change in the sons set forth in the order designating the purchase of articles containing spe­ shipping point for the coals of Mine In­ cially denatured alcohol for reprocessing, dex No. 1085, and for correction of the the portions of Docket No. A-1989 re­ bottling, repackaging, and/or resale; and mine index number of certain mines in lating thereto as Docket No. A-1989, (3) the sale, delivery, or other disposi­ District No. 13; and Part IL tion of all articles manufactured or re­ It appearing that a reasonable show­ Dated: May 22, 1943. ceived by them. Such invoices shall be ing of necessity has been made for the [seal] D an H. W heeler, filed in chronological order according to granting of temporary relief in the man­ Director. 7370 Temporary and Conditionally F inal E ffective M inim u m P rices for D istrict N o. 13 § 333.7 Special prices—(a) Prices for shipment to all railroads and for exclusive use of railroads—Supplement R-II Note: The material contained in these supplements is to be read in the light of the classi­ [Prices f. o. b. mines for shipment to all railroads and for exclusive use of railroads. The following prices apply on coal fications, prices, instructions, exceptions and other provisions contained in Part 333, Minimum for use in railroad locomotives and powerhouse plants. For station heating, use in dining cars, or other uses than Price Schedule for District No. 13 and supplements thereto. stated above, commercial prices as listed in other sections of this nrice schedule shall apply. For all mines in Sub­ district No. l. For all sizes customarily furnished railroads for locomotive fuell FOR ALL SHIPMENTS EXCEPT TRUCK

§ 333.6 General prices—Supplement R~I St. Louis & St. Louis & All other San Francisco San Francisco railroads ¡Prices f. o. b. mines for shipment by railroad, applicable for all uses except railroad locomotive fuel, steamship bunker Central of Seaboard R. R. (for con­ R. R. (for con­ A. B. & C. fuel and blacksmithing] Mine index No. Air Line not specific Georgia Railway signment west signment east R. R. cally of the Missis­ of the Missis­ shown sippi River) sippi River) Mine Sub- Freight index Code member Mine dis­ Seam origin No. trict group 1122, 1762, 1768, 1769, 1778,1779, 1780 250 250 230 250 2S0 BIBB COUNTY, ALA. 42 § 333.7 Special prices—(c) Prices for shipment by railroad, applicable to all coal 1 REGISTER, FEDERAL 11768 sold for steamship vessel fuel—Supplement R-III BLOUNT COUNTY, ALA. [Prices f. o. b. mines for shipment by railroad, applicable to all coal sold for steamship vessel fuel subject to price 81767 1 Black Creek..______31 instructions and exceptions] 81769 1 Black C reek...... _____ 31 JEFFERSON COUNTY, ALA. Size groups and prices applicable for steamship vessel fuel Mine index No. 4 1755 1 Nickel Plate______50 Mine group 14,15,16,17,18 12 13 23 WALKER COUNTY, ALA. 81778 1 Black Creek______101 1641,1780 315 315 (t) (t) 81779 1 Black Creek______101 1769Í1778,1779 (t) (t) 315 305 8 1771 1 101 1768 ...... 300 (t) 300 (t) 71122 King, E. W 1 .M ary Lee...... 101 71762 1 M ary Lee____..... ______101 81464 1 America___ . . . . . ______120 ■[Indicates no classification effective for these size groups. JEFFERSON COUNTY. ALA. § 333.24 General prices—Supplement Rr-IV Thursday »153.3 1 Nickel P late...... ______50 [Prices f. o. b. mines for shipm ent by railroad, applicable for all uses except railroad locomotive fuel, steamship bunker fuel and blacksmithing] 1 Shipping Point: Woodstock, Ala.; Railroad: A. G. S. R. R. This mine shall have in Size Groups 1, 5, 13, 19, 21, 22 and. 23, on each respective price table, the same prices as are listed thereon for Mine Index No. 212 (Young, G. W. Mine Freight (Red Dot Coal Co.), Red Dot Coal Company mine, Price Schedule No. 2) and will be included in Group No. 85. Subdis­ Seam origin index Code member Mine trict 8 Shipping Point: Warrior, Ala.; Railroad: L&N. This mine shall have in Size Group 13, on each respective price No. group table, the same price as is listed thereon for Mine Index No. 1309 (Cooper, Floyd, Cooper’s mine, Price Schedule No. 2) , and will be included in Group No. 120. 3 June 8 Shipping Point.: Carbpn, Ala.; Railroad: L&N. This mine shall have in Size Groups 13, 20, 22, 23 and 24, on HAMILTON COUNTY. TENN each respective price table, the same prices as are listed thereon for Mine Index No. 317 (Dixie Fire Brick Co.. Black Cat mine. Price Schedule No. 2) and will be included in Group No. 118. '1085 Conner & Alexander (Eugene Alexander______3 Soddy #13...... 200 4 Shipping Point: Brookside, Ala.: Railroad: Sou. Ry. This mine shall have in Size Groups 1, 13 and 23, on each Alexander). respective price table, the sajne prices as are listed thereon for Mine Index No. 1533 (Beveridge, R. P., Daisy City #9 mine, Price Schedule No. 2) and will be included in Group No. 174. , 8 Shipping Point: Eldridge, Ala.; Railroad: St. L.-S. F. These mines shall have in Size Groups 1, 2, 4, 7, 13,19, 1 Shipping Point: Rathburn, Tenn.; Railroad: C. N. O. & T. P. Shipping point at Daisy, Tenn., shall no 1943 20, 21, 22 and 23, on each respective price table, the same prices as are listed thereon for Mine Index No. 1350 (Guthrie, longer be applicable. C. B., Wideman #1 mine, Price Schedule No. 2) and will be included in Group No. 94. 8 Shipping Point: Hillard, Ala.; Railroad: St. L.-S. F. This mine shall have in Size Groups 1,2, 7,13 and 23, on each respective price table, the same prices as are listed thereon for Mine Index No. 1226 (Brasfleld & Isbell (J. T. Isbell), § 333.25 Special prices—(b) Prices for Burnwell mine. Price Schedule No. 2) and will be included in Group No. 202. shipment to all railroads for locomo­ 7 Shipping Point: Townley, Ala,; Railroad: St. L.-S. F. These mines shall have in Size Groups 13,19, 22 and 23, on each respective price table, the same prices as are listed thereon for Mine Index No. 616 (Jones Coal & Clay Com­ tive fuel, station heating, power plants pany, Sulphur Springs mine, Price Schedule No. 2) and will be included in Group No. 191. and other uses—Supplement R-V 8 Shipping Point: Leespcer, Ala.; Railroad: Sou. Ry. This mine shall have in Size Groups 1, 2, 7,19, 20, 21,22,23 and 24, on each respective price table, the same prices as are listed thereon for Mine Index No. 1137 (Pratt-AmericanCoal Company America 1 and 2 mine, Price Schedule No. 2) and will be included in Group No. 156. For mines in Sub­ Size Price 8 Shipping Point: Brookside, Ala.; Railroad: Sou. Ry. Denotes change in index number. Mine Index No. 1553 as district No. 3 shown in Docket No. A-1943, shall no longer be applicable to this mine. (For all sizes except 250 Mine index No. 1 screenings______1776. 1 Screenings with top size 245 l not more than 2". free ALONGSIDE deliveries 5 333 27 Prices lor shipment by river {free alongside) for all uses (except for railway locomotive fuel) for delivery via the Tennessee River to F. A. S. consumers In the States ' of Tennessee and Alabama—Supplement R-VI

Egg: top NUt: top Stoker: Stoker: S creen­ Screen­ Lump: size 5" size 2" top size top size R esu lt­ R esu lt­ Screen­ Screen­ Screen- and i l l " and and S traig h t ings: ings: Indus­ Over 2", and Lump: H" and ants: ants: ings: ings: » . egg: top under, 2" and under, under, under, 1W 1H" and tria) M ine modified 5" and 4" and 2" and and and H" and $4" , coal size ovër bot. size under bot. size bot. size bot. size M/R under under under under under Code member index Mine index County Seam 5" 2" and 1" and W and W and under Under No. under under under under

1 2 1 4 5 f 7 8 9 10 11 12 13 14 IS

TENNESSEE-GEORGIA [SUB- DISTRICT 5] FEDERAL REGISTER, REGISTER, FEDERAL M arion...____ Sewanee_____ 345 345 335 290 280 275 265 265 265 235 235 235 230 195 290 Gilbroath, E. H...... i------No. l i - ...... 1636 185 280 Abeel #2...... —...... 1776 M arion...... *. Soddy #10____ 335 335 325 280 270 250 255 255 255 235 235 225 220 G rant & Mayes (Joe Grant)...... 265 265 235 235 235 230 195 290 Shoemake, Edw ard...... Shoemake Coal Co___ 1763 M arion.....:. Sewanee...;__ 345 345 335 290 280 275 265

FOR TRUCK SHIPMENTS § 333.34 General prices in cents per net ton for shipment into all market areas—Supplement T-l ------1------R un of N ut: top size Chestnut: top Chestnut: top mine Resulta nts: 3" Screenirlgs: l h " Lump: Egg: 3" arid Under, size 3" and size 1H" and modi­ over 2"; top Lump: bot. size over under, bot. size tinder, bot. size and iinder and iinder Indus­ fied trial egg:trip size 6" 2" and w and under W’ and under R/M Mine Sub- size over and under coal Code member index Mine index Seam 6" under No. trict Wash Raw Wash Raw Wash Raw Raw Wash Raw Wash Raw Thursday 1 2 3 6 7 8 9 10 11 13 17 22 18 23 24,25,26 * Alabama BIBB COUNTY 1768 2 Woodstock...... 395 395 370 365 345 345 320 330 303 305 280 220 270 206 305 , June BLOUNT COUNTY 1767 2 Black Creek...... 385 385 370 375 355 340 330 325 315 315 305 295 295 285. 3*5 1769 2 Black Creek...... 385 385 370 375 355 340 330 325 315 315 305 295 295 280 345 5,

JEFFERSON COUNTY 1943 1755 2 Nickel Plate..___ 320 320 319 315 305 305 280 275 290 270 285 260 275

WALKER COUNTT" 7371 1772 2 Black Creek_____ 415 415 390 365 345 345 335 340 330 320 305 295 295 255 320 1778 2 Black Creek_____ 415 415 390 365 345 345 335 34o 330 320 306 295 295 255 320 1779 2 Black Creek_____ 415 415 390 365 345 345 335 340 330 320 305 295 295 255 320 230 210 255 Kelley & Lenard Strip.. 1771 2 Mary Lee...... — ,305 305 ,305 325 305 310 290 300 280 255 265 260 Ì 651 2 Black Creek...... (*) (*) (*) (*) (*) (*) (*) (*) (*) (*) (*) (*) (*) C) n

♦When shown under a size group number, this symbol indicates coals previously classified in this size group. Denotes change in index number. Mine Index Number 570 shall no longer be applicable to this mine. 7372 § 333.43 General prices in cents per net ton for shipment into all market areas—Supplement T-II

Egg: Nut: Stoker: Stoker: Top Top Top Top size 2" size size Straight Screen­ Screen­ Screen­ Screen­ Lump: size 5" Result­ Result­ Screen­ ings: ings: ings: ings: Indus­ JDver 2", and Lum p: ' and 1)4" and" %" and and ants: ants: ings: modi­ 1H " U" H" trial egg: under, 2" and under, under, under, 5" and 4" and 2" and 1H" coal Mine Sub- bot. bot. bot. fied and and and and top size bot. under under under under under under under under Code member index Mine index dis­ Seam over 5" size 2" size I" size H " size M/R No. trict and and and and under under under under

1 2 3 4 5 6 7 8

T e n n e s s e e -G e o b g ia

MARION COUNTY 265 235 235 225 205 170 315 1770 Orme (Battle Creek). 370 370 360 290 280 275 265 265 Gamer, Theodore Roosevelt____ Garn»r______270 250 255 255 255 235 235 225 220 185 280 335 325 280 REGISTER, FEDERAL Grant & Mayes (Joe Grant)------Abeel #2...... 1776 Soddy #10______335 265 235 235 225 205 170 315 Battle Creek______370 370 360 290 280 275 265 265 Battle Creek______1761 265 265 265 235 235 225 205 170 315 1764 Battle Creek______370 370 * 360 290 280 275 195 290 335 290 280 275 265 265 265 235 235 235 230 Shoemake, Edward...... Shoemake Coal Co___ 1763 Sewanee______.... 345 345

[P. R. Doc. 43-8860; Filed, June 1, 1943; 10:40 a. m.]

from Denver are routed via the Chicago, ence. He explained the failure to re­ P art 337—M inim um P rice S chedule, afforded an opportunity to be present, quest correction of the situation for two D istrict No. 17 adduce evidence, cross-examine wit­ Burlington & Quincy Railroad, or the nesses, and otherwise be heard. Peti­ Union Pacific Railroad to Market Area years following the establishment of [Docket No. A-1562] tioner appeared and at the conclusion of 203. prices by the fact that during this period Memorandum opinion and order of the the hearing, waived the preparation and The schedule of effective minimum producers in these subdistricts had not director in the matter of the petition of filing of a report by the Examiner. The prices for District No. 17 for all ship­ been shipping coal to Market Area 203, ments provides that minimum prices for as a result of its displacement by substi­ District Board No. 17 for revision of the matter was thereupon submitted to me tute fuels. He added that the district effective minimum prices for coals pro­ for consideration. rail shipment from Subdistricts 11, 12, 1943 3, June Thursday, duced and shipped by rail from mines in The instant proceeding is concerned 15, and 16 to Market Areas 200 through board filed its petition in this proceeding, Subdistricts Nos. 11, 12, 15, and 16 in solely with the correction of the sched­ 202, 204 through 207, and to other areas immediately upon its discovery of the District No. 17, to destinations in Market ules of effective minimum prices for Dis­ therein specified shall be reduced by the apparent oversight with respect to Mar­ Area 203. trict No. 17 for all shipments so as to difference between their freight rate and ket Area 203 shipments. The witness This proceeding was instituted upon a include Market Area 203 (Black Hills, that of Subdistrict 4 not exceeding speci­ also testified that the coals produced in petition filed with the Bituminous Coal South Dakota) with the surrounding fied amounts.3 In order for producers in Subdistricts 11, 12, 15, and 16, in the Division on August 3, 1942, by District Market Areas, i. e., 200 (North Dakota), these subdist^ricts to compete with pro­ size groups involved herein, are com­ Board 17, pursuant to section 4 II (d) of 201 and 202 (South Dakota), for rail ducers in Subdistrict 4, it is proposed parable in quality with similarly sized the Bituminous Coal Act of 1937, re­ shipment to which producers in Sqb- that the freight rate differential for rail coals produced in Subdistrict 4, are gen­ questing, in substance, a revision in the districts 11, 12, 15, and 16 are presently shipment to Market Area 203 be absorbed erally used for the same purposes, are by producers in Subdistricts 11, 12, 15, similarly priced and sold on a parity. schedule of effective minimum prices for authorized to absorb limited freight In the opinion of the witnesses these District No. 17 for all shipments so as to rates.1 and 16. permit limited absorptions by producers Subdistrict 11 is located in Crested Douglas Millard, Chairman of District coals are properly coordinated in price in Subdistricts 11, 12, 15 and 16 of the Butte in central Colorado; Subdistrict 12 Board 17, testified that prior to the among the several subdistricts involved freight rates in excess of the freight rate near Somerset, and Subdistricts 15 and establishment of effective minimum herein, and with coals of Subdistrict 4, on rail shipments from Subdistrict 4 16 near Grand Junction, are located in prices, it was the practice of producers and a failure to accord Subdistrict 11, (Oak Hills) to destinations in Market western Colorado. These subdistricts in Subdistricts 11,12,15, and 16 to absorb 12,15, and 16 coals the same freight rate Area 203 On September 2, 1942, tempo­ are located in mountainous territory such freight rate differentials for ship­ privilege would be tantamount to a rary relief was granted producers in wi$h comparatively no markets in their ment to Market Area 203 and surround­ denial to them of fair competitive oppor­ Subdistricts 11, 15 and 16 for Size Groups immediate vicinities for their coals which ing areas, in order to afford these pro­ tunities in Market Area 203. 1 to 9, inclusive, and in Subdistrict' 12 move to distant eastern markets. These ducers an opportunity to compete fairly The record establishes that producers for Size Groups 1 to 13, inclusive, in ac­ of coals in the size groups here involved coals are shipped over the Denver & Rio with producers in Subdistrict 4. He as­ in Subdistricts 11, 12, 15, and 16, should cordance with the relief requested in the Grande Western Railroad to Denver, the serted that the failure to provide freight petition herein. be permitted to absorb the same freight junction point for rail shipment of the rate absorption on shipments to Market rate differential for rail shipment to Pursuant to appropriate orders, and coals of Subdistrict 4 (Oak Hills), and Area 203 probably was due to inadvert- after due notice to interested persons, a 2 Market Area 203 as for shipment to the hearing in this matter was held on No­ surrounding areas specified in the ap­ 1 See price instruction and. Exception Nos. S$1 for Subdistricts 11, 15, and 16 in Size plicable price instructions of the District vember 20, 1942, before Edward J. Hayes, 32 and 37 in Minimum Price Schedule No. 2 Groups 1 to 9, inclusive; $1.25 for Subdistrict a duly designated Examiner of the Divi­ for District No. 17 for all shipments. 12 in Size Groups 1 to 9, inclusive, and $0.50 17 price schedule. No reasonable expla­ sion, at a hearing room thereof in Den­ 2 Subdistrict 4 is in Routt County in north for Subdistrict 12 in Size Groups 10 to 13, nation is disclosed for the omission of ver, Colorado. Interested persons were central Colorado, northwest of Denver. inclusive. such a privilege. Moreover, no objection FEDERAL REGISTER, Thursday, June 3, 1943 7373 was made to the requested relief by any TITLE 32—NATIONAL DEFENSE (3) A purchase made pursuant to ap­ producers in District 17, nor was any Chapter VI—Selective Service System proval given by a commanding officer, commandant, or the Bureau of Supplies objection thereto expressed at the hear­ [No. 189] ing/ In the circumstances thus dis­ and Accounts of the Navy, or by a com­ Occupational Certification manding officer of a defense command of closed, I find that, in order to reflect, as the Army, in an emergency where the nearly as possible, the true value of the ORDER REVISING FORM degree of urgency is such that advance coals in the size groups involved herein, By virtue of the provisions of the Se­ approval by a War Production Board and to preserve, as nearly as may be, lective Training and Service Act of 1940 official cannot be obtained, provided that existing fair competitive opportunities (54 Stat. 385, 50 U.S.C., Sup. 301-318, In each such case a copy of the rating among producers in Subdistricts 11, 12, . inclusive); E.O. 8545, 5 F.R. 3779, E.O. document is mailed within 24 hours after 15, and 16, of District 17, the requested 9279, 7 F.R. 10177, and the authority issuance to the appropriate Regional revision of the applicable -prico instruc-' vested in me by the Chairman of the Office of the War Production Board. tions should be granted. I find further War Manpower Commission in Admin­ (4) Where the capital equipment or istrative Order No. 26, 7 F.R. 10512, 1 machine tools are for shipboard (includ­ that such revision complies with the ing floating dry docks) use, or are for use standards set forth in Sections 4 n (a) hereby prescribe the following change in DSS forms: outside the forty-eight States and the and (b) of the Act and is necessary to District of Columbia for military pur­ effectuate the purposes thereof. For the Revision of DSS Form 42B, entitled “Oc­ cupational Certification,” effective imme­ poses. foregoing reasons and upon the basis of diately upon the filing hereof with the Di­ (5) Where capital equipment, not in­ the above findings of fact, vision of the Federal Register.1 The original cluding machine tools, is purchased by It is hereby ordered, That § 337.5 (Gen­ supply of forms will be used until exhausted. or for the account of the military for eral prices; minimum prices for ship­ The foregoing revision shall become a military operations. ment via rail transportation) is amended part of the Selective Serviee Regulations (6) In such other cases as may be ex­ by substituting for footnote 8 under No. effective immediately upon the filing cepted, either individually or by classes, 11, Crested Butte Bubdistrict; footnote by written authority of the War Produc­ hereof with the Division of the Federal tion Board. 8 under Nos. 15 and 16 Grand Junction Register. (c) 'Procedure for review of rating ac­ Nos. 1 and 2, Sub-Districts, the follow­ L e w i s B. H e r s h e y , tions by War Production Board officials. ing: Director. (1) Instruments assigning a rating to the 8 Minimum pxices sfcown for Size Group M a y 12, 1943. delivery of capital equipment and/or Numbers 1 to 9 inclusive, for shipment into IF. R. Doc. 43-8919; Piled, June 1, 1943; machine tools required in connection Market Areas 45, 47 through 50, 52 through 4:G2 p. m.] with a production project in a single 70, 75 through 78, 200 through 207, 209, $15 plant, where the total cost of all tools and 217, and into that portion of Market and equipment required for the project is Area 208 and 210 on or north of Union Pacific Chapter TX—War Production Board less than $100,000, shall be submitted Rairoad’s main line from Arapahoe, Colorado, Subchapter A—General Provisions after countersignature by the appro­ via Salina, Kansas, to Kansas City, Missouri, P art 903—-Delegations of A uthority priate Service Officer to the War Produc­ shall be reduced by the exact amount of the [Directive 23] tion Board field office within whose juris­ difference in freight rate over the freight diction the tools or equipment are to be rate from Subdistrict No. 4—Oak Hills—to MILITARY RATING PROCEDURE located. The instruments shall be ap­ destination: Provided, however, Such reduc­ § 903.35 Directive 23—(a) Purpose. proved by a War Production Board of­ tion shall not exceed $1 per net ton in any The purpose of this War Production ficial of such office only after he has de­ case where the difference in freight rates Board directive is to provide for review termined that the item or items exceeds that amount. This exception applies by representatives of the War Produc­ requested are required and that no suit­ for shipment via rail transportation from tion Board Qf certain priorities actions able existing equipment or subcontract­ Subdistricts Nos. 11, 15, and 16 only. taken by the Army and Navy and other ing facilities are available, or that the Amend footnote 14 under No. 12 Som­ government agencies, and for approval availability or unavailability of such erset Sub-District as follows: of placement of certain purchase orders equipment or facilities cannot be ascer­ “ Minimum prices shown for isize Group rated by such agencies; and to define the tained within ten calendar days after re­ Numbers 1 to 13, inclusive, for shipment into scope of such review. ceipt thereof. Purchases shall not be di­ Market Areas 45, 47 through 50, 52 through (b) Requirement of War Production vided for the purpose of coming within 70, 75 through 78, 200 through 207, 209, 215 Board approval for ratings of capital this paragraph (c) (1). Tire fact that and 217 and into that portion of Market Area equipment and machine tools. Every the equipment and/or machine tools ap­ 208 and 210 on or north of Union Pacific preference rating certificate on Foym pear on a single preference rating appli­ Railroad’s main line freon Arapahoe, Colo­ PD-3A, if such instrument assigns a rat­ cation or on several sueh applications rado, via Salina, Kansas, to Kansas City, Mis­ ing to any delivery of capital equipment shall not determine whether the capital souri, shall be reduced by the exact amount or machine tools other than those to be equipment and/or machine tools are in of the difference in freight rate over the incorporated in command construction connection with a single given project, freight rate from Subdistrict No. 4—Oak at the time of construction (whether but the War Production Board field of­ Hills—to destination: Provided, however, such delivery is to be made directly to fice shall determine this after full con­ Such reduction shall not exceed $1.25 per net the Army or Navy or other government sideration of all the facts surrounding ton on Size Group Numbers 1 to 9 inclusive, agency or to a prime or subcontractor such application or applications. When and shall not exceed 50 cents per net ton on thereof ) . shall, prior to issuance, be ap­ an instrument which has been counter­ Size Group Numbers 10 to 13, inclusive, in any proved by a duly authorized official of signed by the appropriate Service Officer case where the difference in freight rates ex­ the War Production Board by endorsing under paragraph (c) (1) is disapproved ceeds these amounts. This exception applies thereon the statement “approved for is­ by a War Production Board official in a for shipment via rail transportation from suance” duly signed; except in the fol­ War Production Board field office, the Subdistrict No. 12 only. lowing cases: Service Officer may request the War Pro­ Dated: June 1,1943. (1) Where the total value of the de­ duction Board field office to forward the livery or deliveries rated by the instru­ latter’s entire file in the matter, together teEAb] D an H. Wheeler, ment does not exceed $500. Purchases with a statement of the facts, to the Director. shall not be divided for the purpose of Facilities Bureau of the War Production [P. R. Doc. 43-8955; Piled, June 2, 1943; making this exception available. Board, at the same time forwarding a 10:44 a. in.] (2) Where the countersigning takes copy of the statement of the facts to the place outside of the forty-eight States, Army and Navy Munitions Board in ‘ The record discloses that District 19, the the District of Columbia, and the Domin­ Washington and an additional copy to producers of which compete with District. 17 ion of Canada. the Production Resources Division of the producers, concur in the relief requested in War Production Board. The Facilities the petition herein. 1 Form filed as part of original document. Bureau of the War Production Board No. 109------2 7374 FEDERAL REGISTER, Thursday, June 3, 1943 may in its discretion direct the issuance of Naval Operations, U. S. Navy, said meet regularly established prices and terms of sale or payments.” of the instrument in question. projects to be built under contracts let “Regularly established prices” cannot be (2) Instruments assigning a rating to by the Corps of Engineers or the Bureau higher than OPA ceiling prices. They may. the delivery of capital equipment and/or of Yards and Docks; viz, air fields; mili­ however, be lower. machine tools required in connection tary housing; alien housing; facilities for Issued this d day of June 1943. with a production project in a single the repair of finished items of munitions; 2 plant, where the total cost of all tools overseas or theatre of operations con­ W ar P roduction Board, and equipment required for the project is struction; seacoast fortifications; ports By J . J oseph W helan, $100,000 or more, shall be submitted after Recording Secretary. countersignature by the appropriatè and depots; camouflage and other pas­ Service Officer to the appropriate War sive defense projects (whether or not [F. R. Doc. 43-8968; Filed, June 2, 1943; Production Board field office specified in owned and operated by the Army or 11:18 a. m.] paragraph (c) (1) or the Routing and Navy); emergency flood control projects having a value of less than $100,000; mil­ Issuance Branch of the War Production itary hospitals; maneuver, training and Board, Washington, D. C., at the option staging areas and proving grounds. P art 1049—I ncandescent, F luorescent of the sponsoring agency. If such in­ and Other E lectric Discharge Lamps strument or instruments are submitted (3) Command construction as defined to the War Production Board field office above may be rated on PD-3A certificates [Amendment 2 to Supplementary Limitation by Army or Navy contracting and pro­ Order L-28-a] under this paragraph, the field office curement officers. Review thereof by shall not approve the same but shall War Production Board officials is no Section 1049.2 Supplementary Limi­ recommend the granting or denying of longer required. tation Order L-28-a is hereby amended approval and forward the same together (f) Status of existing administrative in the following particular: with its recommendation to the Facilities orders and instructions. Except as Paragraph (b) (4) (i) (b) is hereby Bureau of the War Production Board otherwise expressly provided herein, rat­ amended by adding the words “or the for approval or disapproval in accord­ ings on PD-3A certificates may be as­ person placing such order” after the ance with prescribed procedure. signed by appropriate officials of the words “appropriate procuring officer”. (3) The Tools Division of the War Army and Navy and other designated Issued this 2d day of June 1943. Production Board may from time to time federal agencies as provided in Division W ar P roduction Board, specify certain machine tools as to which Administrative Order No. 1 as hereto­ By J. J oseph W helan, instruments assigning a rating to the de­ Recording Secretary. livery thereof shall follow the procedure fore supplemented, subject to existing specified in paragraph (c) (2) above, ir­ and future Army and Navy Munitions [F. R. Doc. 43-8969; Filed, June 2, 1943; respective of whether the capital equip­ Board Instructions, and subject to ap­ 11:17 a. m.] ment and/or machine tools for the proj­ proval by a War Production Board offi­ ect in question may have a total cost of cial where required by paragraph (b) less than $100,000. hereof. P art 1074—Vitamin A (d) Approval of placement of certain (g) Effective date. Effect upon Pri­ [Limitation Order L-40, as Amended purchase orders by War Production orities Directive No. 2. This Directive June 2, 1943] Board officials. No rating heretofore or shall become effective the 14th day of hereafter issued on a preference rating June 1943, and shiall supersede Priorities Whereas national defense requirements certificate PD-3A which would fall with­ Directive No. 2 as heretofore amended. for vitamin A have created a shortage in the provisions of paragraph (c) (2) Until that date, Priorities Directive No. thereof for defense, for private account shall hereafter be applied to deliveries and for export, and it is necessary, in the of machine tools and/or capital equip­ 2 as heretofore amended shall remain in public interest and to promote the de­ ment, and no purchase order to be rated full force and effect. fense of the United States, to conserve by such a certificate shall hereafter be Issued this 2d day of June 1943. the supply and direct the distribution placed with the seller, until the War C. E. W ilson, thereof; and Production Board field, office within Executive Vice Chairman. Whereas reduction in the quantities of whose jurisdiction the tools or equipment vitamin A consumed in the manufacture are to be located has countersigned the IP. R. Doc. 43-8967; Filed, June 2, 1943; of multivitamin preparations for human purchase order, or a true copy thereof 11:18 a. m.] consumption and in the manufacture of or a written document containing such poultry, cattle, fur-bearing or other ani­ appropriate parts thereof as the field mal feed in the manner and to the ex­ office may specify. Before countersign­ tent hereinafter provided, can be effected ing the same, the appropriate War Pro­ 4 Subchapter B—Executive Vice Chairman without impairing the effectiveness of duction Board official in said field office Authority : Regulations in this subchapter such preparations or feeds. Now, there­ shall determine that no suitable existing issued under P.D. Reg. 1, as amended, 6 P.R. fore, it is hereby ordered, That: equipment or subcontracting facilities 6680; WJP.B. Reg. 1, 7 P.R. 561; E.O. 9024, 7 are available, or that the availability or F.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, 7 F.R. § 1074.1 General Limitation Order unavailability cannot be ascertained, 2719; sec. 2 (a ), Pub. Law 671, 76th Cong., as L-40—(a) Definitions, F or th e purposes within ten calendar days after receipt amended by Pub. Laws 89 and 507, 77th Cong. of this order: thereof. If such countersignature is re­ (1) “Vitamin A” shall include vitamin fused, the plant desiring to place the P art 944—R egulations Applicable to the A and its “pro-vitamins” such as caro­ same or the sponsoring agency may re­ O peration of the P riorities System tenes and cryptoxanthin derived from quest the War Production Board field [Interpretation 2 of § 944.2 of Priorities plant, animal, fish or marine animal office to forward the latter’s file for dis­ Regulation 1] sources. position in the same manner as that (2) “Fish liver oils” shall mean oils specified in paragraph (c) (2). The following official interpretation is containing vitamin A derived, extracted, (e) Rating of military construction. hereby issued with respect to Priorities or processed from livers of the cod, shark, (1) All construction, other than com­ Regulation No. 1 (§ 944.2): halibut, or other fish. mand construction as defined below, will An order bearing a preference rating may (3) “Feed” shall mean natural or arti­ be rated only by the War Production not be rejected on the ground that the price ficial feedstuffs or rations or other sub­ is below the regularly established price, if the stances intended for poultry, cattle, fur­ Board, even though the facilities, when purchaser offers the OPA ceiling price. bearing or other animals, as a complete completed, will be owned, leased or oper­ Section 944.2 of Priorities Regulation No. 1 ration, or as a component of, or in rein­ ated by the Army, Navy or Maritime makes the acceptance of rated orders manda­ forcement of, other diets. Commission. tory except in five situations specified in (b) General restrictions. (1) Except ( ) “Command construction” as used paragraph (b) of that'section. The only ex­ 2 ception dealing with price is contained in as provided in paragraph (b) (2) of this in this section means the following types paragraph (b) (3) which states that a rated order, no person shall, on or after April of projects ordered built by either the order may be rejected “if the person seeking 10, 1942, manufacture any preparation Chief of Staff, U. S. Army, or the Chief to place the order is unwilling nr unable to represented to contain more than 5,000 FEDERAL REGISTER, Thursday, June 3, 1943 7375

U. S. P. XI units of vitamin A in the unemployment in his community, or that into bacteriological media; Provided, largest daily dosage recommended by compliance with this order would disrupt That any person seeking to purchase the manufacturer or seller for adult use. or impair a program of conversion from agar for such incorporation shall furnish (2) The restrictions of paragraph (b) non-defense to defense work, may appeál to the seller in duplicate a statement in (1) of this order shall not apply to the to the War Production Board by letter writing, manually signed by a responsi­ manufacture of preparations represented or telegram setting forth the pertinent ble official, certifying that the agar is to to contain 25,000 or more U. S. P. XI facts and the reasons why he considers be so used. Such statement shall be units of vitamin A in the smallest daily he is entitled to relief. The War Pro­ substantially in the following form: dosage recommended by the manufac­ duction Board may thereupon take such I require_____ pounds of agar for incor­ turer or seller for adult use; and the re­ action as it deems appropriate. poration Into bacteriological media. I have strictions of paragraph (b) (1) of this (g) Communications to War Produc­ _____ pounds in my possession or under my order Shall not apply to the manufacture tion Board. All reports required to be control, leaving a shortage o f __ - __pounds which I must fill by purchase. of preparations recognized in the U. S. P. filed hereunder, and all communications N am e______or N. P. concerning this order, shall, unless B y ------„------(3) Except as provided-in paragraph otherwise directed, be addressed to: War (b) (4) of this order, no person shall A copy of such statement shall be filed manufacture or prepare feeds, which, in Production Board, Chemicals Division, by the seller with the War Production the form recommended by the manufac­ Washington, D. C. Ref: L-40. Board. Such statement shall constitute a representation to the War Production turer or seller to be consumed, contain Issued this 2d day of June 1943. more than 2,000 IJ. S. P. XI units of Board and the seller of the facts stated vitamin A supplied by fisiî liver oils or W ar P roduction B oard therein. The seller shall be entitled to other fish oils per pound of total ration; B y J. J oseph W helan, rely on such representation unless he except that for all turkey feeds and poul­ Recording Secretary. knows or has reason to believe it to be try breeding feeds the limitation shall be {F. R. Doc. 43-8970: Filed, June 2, 1943; false. Any person making such a repre­ 3,000 TJ. S. P. XI units of vitamin A 11:17 a. m ,] sentation may use such agar only for supplied by fish liver oils or other fish the purpose specified. oils per pound of total ration: Provided, (d) Applicability of order. This order does -not apply to the use or sale of any however, That for the purpose of manu­ P art 1102—Agar facture or preparation in the period agar which on February 9, 1942, was March 27,1943 to May 15, 1943, inclusive, [ General ^Preference Order M-96 as Amended in the possession or control of any per­ the limit for feeds in such recommended June 2, 1943 ] son who then possessed or controlled less than fifty (59) pounds of agar, nor form shall be 2500 U. S. P. XI units and, Whereas, it appears that the fulfill­ for turkey feeds and poultry breeding to purchases by importers of agar to ment of requirements for the defense of be delivered from outside the continental feeds, shall be 3500 U. S. P. XI units. the United States will result in a shortage (4) The restrictions of paragraph (b) United States, but any subsequent deal­ in the supply of agar for the combined ing in agar, after its importation, is (3) of this order shall not apply to stocks needs of defense, private account and ex­ of fish liver oils or other fish oils, which, governed by this order., The restrictions port, and it is necessary in the public of this order shall not apply to sales or on February 10, 1942, were in the hands interest and to promote the defense of of, or in transit to, or blended and held deliveries to or purchases or sales by the the United States to conserve the supply Defense Supplies Corporation, or any in stock for the account of, persons who and direct the distribution of agar : have purchased such oil for use by them other corporation organized under sec­ Now, therefore, it is hereby ordered, tion 5 (d) of the Reconstruction Finance as one of the ingredients of their manu­ That: factured feeds; nor shall the restrictions Corporation Act, as amended, or any of paragraph (b) (3) of this order apply § 1102.1 General Preference Order duly authorized agent of such corpora­ to any person who mixes or prepares M-96—(a) Applicability of Priorities tion. feeds which are consumed by his own- Regulation 1. This order and all trans­ (e) Reports. Every person having poultry or animals. actions affected hereby are subject to more than fifty (50) pounds of agar in (c) Applicability of General Prefer­ the provisions of Priorities Regulation his possession or control on February 1 (Part 944), as amended from time 9,^ 1942, shall report the quantity such ence Order M-71, as amended. All sales, to time, except to the extent that any person has in his possession or control purchases, and deliveries of fish liver oils provision hereof may be inconsistent in writing to the War Production Board and other fish oils shall continue to be therewith, in which case the provisions of within fifteen (15) days subsequent to subject to the provisions and restrictions this order shall govern. February 9,1942, and such persons, and of General Preference Order M-71, as (ta) Definitions. . As used in this order: any other persons participating in any amended from time to time. . (1) "‘Agar” means any mucilaginous transactions to which this order ap­ (d) Applicability of priorities regula­ substance, whether dried or in other plies shall execute and file with the War tions. This order and all transactions form,- extracted from Gelidium corneum Production Board such other reports affected thereby are subject to all ap­ and other species of Gelidium and and questionnaires as said Board shall plicable provisions of the priorities regu­ closely related algae. It is also known from time to time request. Failure lations of the War Production Board, as as “Agar-Agar”, “Chinese Gelatin”, and on the part of any person to report as amended from time to time. “Japanese Gelatin.” It shall not be con­ prescribed by this order shall be deemed (e) Violations. Any person who wil­ strued to include any extract which was a representation to the Government that fully violates any provision of this'order, so processed before February 9, 1942, as such person had less than fifty (50) or who, in connection with this order, to be rendered unfit for use in the prepa­ pounds of agar in his possession or con­ wilfully conceals a material fact or fur­ ration of bacteriological media. trol on February 9, 1942, and partici­ nishes false information to any depart­ (2) “Bacteriological media” means pated in no transaction to which this ment or agency of the United States is those products intended to meet the gen­ order applies. guilty , of a crime, and upon conviction eral and specialized nutritional require­ (f) Appeals. Any person affected by may be punished by fine or imprison­ ments for bacteria under culture. this order who considers that com­ ment. In addition, any such person may (c) * Restrictions on the sale or use ofpliance herewith would work an excep­ be prohibited from making or obtaining agar. No person may buy any agar the tional and unreasonable hardship upon further deliveries of, or from processing sale of which is forbidden by this order. him may appeal to the War Production or using, material under priority control Notwithstanding anything in Priorities and may be deprived of priorities assist­ Board, setting forth pertinent facts and Regulation 1, as amended, to the con­ the reasons such person considers that ance. trary no person having in his posses­ (f) Appeals. Any person affected by he is entitled to relief. The War Pro­ sion or under his control on February duction Board may thereupon take such this order who considers that compliance 3, 1942, or sûbsequently acquiring, any therewith would work an exceptional and agar, shall use or sell any such agar, action as it deems appropriate. unreasonable hardship upon him, or that except as specifically ordered by the War (g) Communications to War Produc­ it would result in a serious problem of Production Board, or for incorporation tion Board. All reports required to be 7376 FEDERAL REGISTER, Thursday, June 3, 1943

filed hereunder, and all communications (5) “Manufacturer” means any person tions, if any, as it shall specify. The concerning this order, shall, unless who manufactures any new elevator or authorizations of the War Production otherwise directed, be addressed to: War any parts, equipment, or accessories to be Board on Form PD-411 may also grant Production Board, Chemicals Division, attached to or incorporated in any ele­ to the order, if theretofore unrated, a vator, and includes any sales or distri­ preference rating. Washington, D. C. Ref: M-96. bution outlets controlled by any such (d) Restrictions on use of materials. (h) Violations. Any person who wil­ person. (1) No non-ferrous metals, or stainless fully violates any provision of this order, (6) “Dealer” means any person who or alloy steel shall be used in the manu­ or who by any act or omission falsifies purchases new elevator parts, equipment facture of hoistway doors, car doors or records to be kept or information to be or accessories for resale but does not in­ gates, car or landing thresholds, face furnished pursuant to this order may be clude any sales or distribution outlets plates of operating or signal fixtures; or prohibited from receiving further de­ controlled by any manufacturer. in the manufacture of parts therefor. liveries of any material subject to alloca­ (7) “Order” means any commitment (2) No non-ferrous metals or steel tion, and such further action may be or other arrangement for the delivery of shall be used in the manufacture of taken as is deemed appropriate, includ­ an elevator or parts or accessories there­ hanger cover plates, facias, passenger ing a recommendation for prosecution for; and includes any group of purchase cabs (not including gates or doors), or under section 35 (A) of the Criminal orders for equipment planned or antici­ freight elevator side guards or car gates; Code (18 U. S. C. 80). pated for related deliveries, or to serve or in the manufacture of parts thetefor; Issued this 2d day of June 1943. a common purpose, with respect to an except that this restriction shall not ap­ elevator. ply to essential hardware. War P roduction B oard, (8) “Restricted order” means any (3) The provisions of this paragraph By J. Joseph Whelan, order (i) for a new elevator; or (ii) for shall not apply to manufacture of the Recording Secretary. changing the method of operation or items specified above from material [F. R. Doc. 43-8971; Filed, June 2, 1943; control of any elevator then existing; or which was fabricated on January 27, 11:17 a. m.] (iii) for parts, equipment, or accessories 1943, to the point where use for other of any kind to be incorporated in, or in­ purposes would be impracticable. stalled on, any elevator then existing. (e) Non-applicability to, maintenance For purposes of this paragraph, “opera­ and repair parts. The limitations and P art 1171—Elevators tion” means the method of actuating the restrictions of paragraph (b) shall not controller; and “control” means the sys­ [General Conservation Order L-89, as apply ( ) to any order for spare or Amended June 2, 1943] tem of regulation by which the starting, 1 stopping, direction of motion, accelera­ maintenance parts in an amount which The fulfillment of the requirements for tion, speed, and retardation of an ele­ will not increase the parts inventory of the defense of the United States has cre­ vator are governed. the purchaser beyond $25.00 for each ated a shortage in the supply of certain (b) Restrictions on acceptance of or­ critical materials used in the manufac­ elevator operated by him: Provided, ders for and manufacture of elevator however, That this exemption shall not ture of elevators for defense, for private and parts. (1) Except as otherwise pro­ account and for export; and the follow­ vided in this paragraph or in paragraph apply to purchases by any person in any ing order is deemed necessary and appro­ (e) no person shall (i) accept any re­ calendar year in excess of $50.00 for each priate in the public interest and to pro­ stricted order, or (ii) commence the elevator operated by him; or (2) to any mote the national defense: manufacture of any elevator or any ele­ order for repair parts in any amount § 1171.1—General Conservation Order vator parts, equipment or accessories in for any elevator when, and only when, L-89—(a) Definitions. For the purpose fulfillment of any restricted order; un­ of this order: less the order has been authorized by the there has been an-actual breakdown or (1) “Person” means any individual, War Production Board as provided in suspension of operations of the elevator partnership, association, business trust, paragraph (c). An authorization because of the necessity for repair and corporation, governmental corporation granted by the War Production Board • the essential repair parts are not other­ or agency, or any organized group of under paragraph (c) shall meet the re­ wise available from the purchaser’s in- persons, whether incorporated or not. quirements of this paragraph, whether ventory. As used in this paragraph (2) “Elevator” means any hoisting and such authorization was issued before or lowering mechanism, equipped with a car after'January 27, 1943. “maintenance” shall mean the upkeep of or platform which moves in guides in a (2) The limitations and restrictions an elevator or elevator structure in substantially vertical direction; includ­ of this paragraph shall not apply to any sound working condition; and “repair” ing hydraulic, hydro-electric and hand order (or, to manufacture in fulfillment shall mean the restoration, without power elevators, electric dumbwaiters, of any order) placed with a supplier by change of design, of any portion of an home-lifts, elevettes; but excluding mine a manufacturer or dealer for any ele­ elevator or elevator structure to sound material hoists and portable elevators. working condition, when such portion The term shall also mean inclinators, vator or parts to be delivered to the lat­ and electrically operated passenger ele­ ter for resale or further manufacture' has been rendered inoperative or un­ vating devices appurtenant to stationary but such limitations and restrictions safe or unfit for Service by wear and Stairways. shall apply to any resale of such eleva­ tear, damage, destruction or failure of ( 3 ) “Essential hardware” means metal tor or parts, or of the elevator into parts, or other similar causes. fastenings, reinforcing angles and plates, which any such parts shall be incorpo­ (f) Revoked June 2, 1943. gate guides and shoes, recess panels, in­ (g) Miscellaneous provisions — (1) terlocks, pulleys, gate counterweights rated. For the purposes of this sub- Exemptions. The limitations and re­ and car light fixtures, used in the manu­ paragraph, delivery by any such supplier strictions of paragraphs (b), (c) and facture or repair of elevators. to the purchaser designated by any such (d) of this order shall not apply to any (4) “Manufacture” means the produc­ manufacturer or dealer shall be deemed elevator or elevator parts, equipment or tion or construction of an elevator, or delivery to the manufacturer or dealer accessories to be installed and used the production of any parts, equipment and resale by him. aboard any ship owned or operated by or accessories to be attached to or in­ the Army, Navy, Maritime Gommission corporated in any elevator; or the assem­ (c) Procedure for securing authoriza­ or War Shipping Administration. bly of any parts, equipment or acces­ tion for restricted orders. The authori­ (2) Records and reports. All persons sories for the purpose of producing or zation of the War Production Board re­ affected by this order shall keep and constructing an elevator or any portion quired by paragraph (b) shall be ob­ preserve for not less than 2 years ac­ thereof; but does not include assembly tained by the purchaser who may make curate and complete records concern­ or installation of the finished sections or application therefor on Form PD-411. ing inventories, production and sales. portions of an elevator at the site of ulti­ The War Production Board may grant All persons affected by this order shall mate use of the elevator. any such application upon such condi­ execute and file w ith the War Production FEDERAL REGISTER, Thursday, June 3, 1943 7377 Board, such reports and questionnaires (3) “Men’s" means clothing graded as except that on cloths other than wool as the War Production Board shall from men’s, young men’s, students', or all that cloth, % inch additional shall be per­ time to time request. does not normally grade from size 14. mitted; (3) Other limitation orders. Where (4) “Boys* ” means all eolthing nor­ (b) Outside patch pockets or inside the limitations imposed by any other L mally graded up and down from size 14, patch pockets of wool cloth, except that or M order are applicable to the subject but shall not include sizes smaller than 7. unlined utility jackets or lumber jackets matter of this order, the most restrictive (5) “Children’s (male)*’ means boys’ may have two lower inside patch pockets limitation shall apply, unless otherwise clothing falling between sizes 7 to 12 in­ of wool cloth and that unlined sack coats specifically provided herein. clusive. or jackets may have outside pateh pock­ (4) Violations. Any person who wil­ (6) “Patch pocket” means a pocket ets of cloth other than wool cloth; fully violates any provision of this order, made by superimposing a patch of cloth (c) Vent or belted bade, or any other or who, in connection with this order, upon the body doth of the garment. type of fancy back with pleats, tucks, wilfully conceals a material fact or fur­ (7) “High-rise trousers” means trou­ bellows, gussets, or yokes, except a two- nishes false information to any depart­ sers with the difference between the in­ piece back with a belt stitched on in such ment or agency of the United States is seam measurement and title outseam a way that there is no overlay of cloth guilty of a crime, and upon conviction measurement (measured from the top on cloth greater than one-half inch on may be punished by fine or imprison­ of the waistband) exceeding 11 % inches the upper and the lower side of the belt. ment. In addition, any such person may for a 32 inch waist regular, with other (iv) Pair of trousers with: be prohibited from making or obtaining sizes and variations in normal propor­ (a) Maximum width exceeding 22 further deliveries of, or from processing tion. inches at the knee and 18 % inches at the or using, material under priority control (8) “Unlined” means without linings bottom for a pair of trousers size 32 inch and may be deprived of priorities assist­ other than a shallow yoke lining and waist regular, with other sizes and vari­ ance. sleeve lining. ations in normal proportion; (5) Appeals. Ahy appeal from the pro­ (9) Measurements. Whenever par­ (b) Inseam measurement exceeding, visions of this order shall be made by fil­ ticular measurements are set forth in except in the use of summerweight cloth ing a letter in triplicate, referring to the this order, such shall refer to finished other than wool cloth, for: particular provision appealed from and measurements after all manufacturing operations have been completed and the (2) Men’s—35 inches (including the stating fully the grounds of the appeal. turn-up) for a pair of trousers size 32 (6) Communications. All reports re­ garment is ready for shipment. quired to be filed hereunder, and all com­ (10) Unless otherwise expressly de­ inch waist regular with other sizes and munications concerning this order, shall, fined, all terms shall have their usual variations in normal proportion; unless otherwise directed, be addressed and customary trade meaning. (2) Boys’—30^2 inches (including the (11) “Summerweight” means doth turn-up) for a size 14 with other sizes in to: War Production Board, General In­ normal proportion; dustrial Equipment Division, Washing­ weighing, in its greige or unfinished state, Real or simulated pleat or tuck, or ton, D. C. Ref.: Lr-89. not more than one pound for three yards stitching along the crease, except in the Issued this 2d day of June 1043. of 36 inches width. use of summerweight cloth other than W ar P roduction Board, The exceptions in this order relating wool cloth; By J . J oseph W helan, to the use of “summerWeight cloth other (d) Continuous waistband, extension Recording Secretary. than wool cloth” shall apply only when waistband or any type of high-rise, ex­ {F. R. Doc. 43-8972: Piled, June 2, 1943; the yardage ticket or invoice thereof is cept a continuous waistband for children 11:17 a. m.J marked ““Summerweight”, when the cloth (male); is delivered to the manufacturer (or, with (e) Side or back buckle strap; respect to doth delivered prior to June (/) Belt-loops exceeding % inch in P art 3126—Clothing F or Men and B oys width; 15, 1943, when a written statement that (g) Belt or half-belt, except for [General Limitation Order L-224, as Amended such cloth is “Summerweight”, as so de- trousers without suspenders or bib for June 2, 1943] fined, is signed by the vendor) and“Sum- children (male); The fulfillment of requirements for the merweight” is stamped on the trousers' (h) Patch pockets, except in boys’ defense of the United States has created ticket when the completed trousers are trousers of cloth other than frool cloth. a shortage in the supply of wool, silk, delivered by the manufacturer. (v) Vest with patch pockets, collar, rayon, cotton, linen and other materials (c) Restrictions on use of cloth in the lapels, or of a double-breasted style. for defense, for private account and for (2) Revoked, June 2, 1943. export: and the following order is deemed manufacture and finishing of men’s and hoys’ clothing—(1) Curtailments on (3) Curtailments on the use of wool necessary and appropriate in the public use of cloth in the manuf acture of coats, cloth in the manufacture of topcoats and interest and to promote the national de­ trousers, vests, or suits, including lumber overcoats (including work overcoats and fense: jackets, leisure, or loafer coats, semi­ fingertip coats), mackinaws, and similar §3126.1 General Limitation Order dress pants, slack-suit trousers and sim­ types of garments. No person shall put L-224—(a) Applicability of regulations. ilar types of garments. No person shall into process, or cause to be put into This order and all transactions affected put into process, or cause to be put into process by others for his account, any thereby are subject to all applicable process by others for his account, any wool cloth for the manufacture of: overcoat exceeding (b) Definitions. For the purposes of 43% inches in length and 56 inches in this order: whether two or three pieces, of the same sweep for a size 37 regular with other (1) "‘Wool cloth” means any cloth con­ or matching material; sizes and variations in normal propor­ taining any percentage of wool, reproc­ (ii) Vest for a double-breasted suit of tion, and that in the case of men’s single- essed wool or reused wool as those terms the same or matching material; breasted mackinaw, the length shall in are defined in the Wool Products Label­ (iii) Sack coat, jacket, or lumber no case exceed 32 inches; ing Act of 1939, 54 Stat. 1128 October 14, jacket with: (b) Boys’ single-breasted topcoat or 1940, but shall not include cloth in which (a) Length exceeding for: overcoat exceeding 37% inches in length the only wool content is grown or audit (2) Men's—29% inches for a size 37 and 48 inches in sweep for a size 14, with mohair. regular, with other sizes and variations other sizes in normal proportion, and (2) “Put into process” means the first in normal proportion, except that on that in the case of boys’ single-breasted cutting operation of the cloth in the cloths other than wool cloth, % inch ad­ mackinaw, the length shall not exceed manufacture of men’s or boys' clothing ditional shall be permitted; 30 inches for a size 18, with other sizes by any person, including tailors-to-the- (2) Boys’—24% inches for a size 14, graded up and down in normal propor­ trade and merchant tailors. with other sizes in normal proportion, tion; 7378 FEDERAL REGISTER, Thursday, June 3, 1943 (ii) Double-breasted topcoats, over­ (ii) Snow or ski suit with: Shipping Administration, the Panama coats or mackinaws, (a) Men’s double- (a) Wool cloth lining, if snow or ski Canal, the Coast and Geodetic Survey, breasted topcoat or overcoat exceeding suit is of wool cloth; the Coast Guard, the Selective Service 44 lU inches in length and 62 inches in (b) Separate or attached cape, muff, System, the Civil Aeronautics Adminis­ sweep for a size 37 regular, with other scarf, bag, hat, coat or mittens of the tration, the National Advisory Commit­ sizes and variations in normal propor­ same or matching material; tee for Aeronautics, the Office of Scien­ tion, and that in the case of men’s (c) Self or contrasting cloth belt ex­ tific Research and Development, Defense double-breasted mackinaw, the length ceeding 2 inches in width; Supplies Corporation or Metals Reserve shall in no case exceed 32 inches; (d) Collar, if an attached hood is used; Company. (b) Boys’ double-breasted topcoat or (e) Attached hood of wool cloth lined (3) Clothing, robes and vestments as overcoat exceeding 37Vi inches in length with wool cloth; required by the rules of religious orders and 53 inches in sweep for a size 14, with (/) More than one pair of pants or leg­ and sects. other sizes in normal proportion, and gings. (4) Historical costumes for theatrical that in the case of boys’ double-breasted (d) Prohibition against sales and de­ productions. mackinaw, the length shall not exceed 30 liveries. No person shall sell or deliver (5) Clothilig for persons who, because inches for a size 18, with other sizes any men’s or boys’ clothing except: of unusual height or abnormal size or graded up and down in normal propor­ (1) Clothing manufactured in accord­ physical deformities, require additional tion; ance with the restrictions of paragraph cloth for proportionate length of coat, (iii) A topcoat, overcoat, or mackinaw (c) hereof; jacket, topcoat or overcoat, or the in­ with inside or outside patch pockets of (2) Clothing manufactured from wool seam or outseam of trousers or width of cloth, including cloth containing mohair, trouser knee and bottom, or otherwise, wool cloth, any type of cuff on the sleeves, put into process prior to May 30,1942; but only insofar as necessary because of a belt, pleats or any type of fancy back, (3) Clothing manufactured from cloth such unusual height or abnormal size except- a two-piece back with a belt other than wool cloth, excluding cloth or physical deformities. stitched on in such a way that there is containing mohair, put into process prior (6) Clothing manufactured specifi­ no »overlay of wool cloth on wool cloth to October 26, 1942. cally in accordance with the provisions greater than one-half inch on the upper (4) Secondhand clothing. of any other applicable conservation, (e) Exclusions from this order. The limitation or general preference order. and the lower side of the belt and except provisions and terms of this order shall (f) Appeal. Any appeal froqa. the pro­ that a man’s or boy’s unlined mackinaw not apply to the cutting or manufactur­ visions of this order shall be made by fil- may have two lower inside patch pockets ing of ing a letter, in triplicate, referring to the of wool cloth; (1) Uniforms of material and con­ struction prescribed by applicable regu­ particular provision appealed from and (iv) A topcoat, overcoat or mackinaw stating fully the grounds of the appeal. with a lining cloth containing new wool; lations and required to be worn by the (v) A reversible topcoat, overcoat or following persons: (g) Fair distribution of products. It mackinaw made of wool cloth on more (1) U. S. Army officers (commissioned is hereby declared to be the policy of the than one side. and warrant); War Production Board that clothing (vi) A topcoat, overcoat or mackinaw (ii) U. S. Navy officers (commissioned produced in accordance with this order with a quilted lining, except wool cloth and warrant) and chief petty officers; (iii) U. S. Marine Corps officers (com­ shall be distributed equitably and that weighing 26 ounces or less per yard, based missioned and warrant); no person shall discriminate, in the ac­ on a width of 56 inches. (iv) U. S. Coast Guard officers (com­ ceptance or filling of orders, sales or de­ (4) Curtailments on selling samples missioned and warrant) and chief petty liveries, as between customers who meet and reference swatches. No person shall officers; his established prices, terms and condi­ cut, or cause to be cut by others for his (v) U. S. Government military and tions of sale. Upon complaint of any account, a selling sample containing over naval academy and training school stu­ 54 square inches of cloth or a reference dents; person or without such complaint, the swatch containing over 6 square inches (vi) U. S. Maritime Commission offi­ War Production Board may investigate of cloth. This restriction shall not ap­ cers; any case of supposed failure of any per­ ply to display or selling ends used by (vii) U. S. War Shipping Administra­ son to distribute his product equitably, tailors-to*the-trade or merchant tailors tion officers; and may issue such instructions as are containing yardage, alone or in combi­ (viii) U. S. Coast and Geodetic Survey nation with an end of approximately the officers; necessary to obtain equitable distribu­ same length and width, sufficient to be (ix) U. S. Public Health Service offi­ tion. Any instructions pursuant to this put into process for the manufacture of cers; paragraph to be valid must be in writing. trousers, coat, suit, topcoat or overcoat. (x) U. S. Bureau of Customs person­ (5) Curtailments on the manufacture nel; Note: Former paragraph (g) Reports de- of full-dress coats, cutaway coats, or (xi) U. S. Forest Service personnel; leted- June 2, 1943. double-breasted tuxedo coats. No person (xii) U. S. Immigration and Naturali­ (h) Communications to the War Pro­ shall on or after October 26, 1942, put zation Service personnel; duction Board. All reports required to into process, or cause to be put into proc­ (xiii) U. S. Post Office Department be filed hereunder and all communica­ ess by others for his account, any wool personnel; tions concerning this order shall, unless cloth in the manufacture of a full-dress (xiv) Federal, State, County, Munici­ otherwise directed, be addressed to: War coat, a cutaway coat, or a double- Production Board, Textile, Clothing and breasted tuxedo coat. pal or local government policemen, Leather Division,- Washington, D. C. (6) Additional curtailments on the use guards or militia; Ref: L-224. of cloth in the manufacture of that por­ (xv) Flying personnel with commer­ (i) Violations. Any person who wil­ tion of boys’ clothing known as “chil­ cial air lines; fully violates any provision of this order, dren’s {male) clothing.” No person shall (xvi) Organized civilian personnel as­ or who, in connection with this order, put into process, or cause to be put into signed to the armed forces of the United wilfully conceals a material fact or fur­ process by others for his account, any States. nishes false information to any depart­ cloth for the manufacture of a: (xvii) Enlisted men and non-commis­ ment or agency of the United States is (i) Suit, jacket, mackinaw, topcoat, orsioned officers of the armed forces of the guilty of a crime, and upon conviction overcoat with separate or attached hood, United States. may be punished by fine or imprison­ scarf, hat, helmet, cap, mittens, gloves, ment. In addition, any such person may or purse of the same or matching ma­ (2) Uniforms to fill orders on hand terial, except a mackinaw or jacket with therefor to be delivered to the Army or be prohibited from making or obtaining an attached hood, if made without a col­ Navy of the United States, the United further deliveries of, or from processing lar; States Maritime Commission, the War or using, material under priority control FEDERAL REGISTER, Thursday, June 8, 1943 7379 and may be deprived of priorities assist­ a manufacturer will exceed ID percent of his interest and to promote the national sales, he may not use this provision to pur­ defense: ance. chase any resale items but will be treated as Issued this 2d day of June 1943. a distributor with respect to the entire quan­ § 3199.1 Conservation Order M-288— tity. Priorities assistance may be obtained W ar P roduction Board, (a) Definitions. For the purpose of this by applying to the Wholesale and Retail order: By J. J oseph W helan, Trade Division of the War Production Board (1) “Brewer” means any person en-. Recording Secretary. on Form FD-1X, if the items are to be pur­ chased from manufacturers, or the distribu­ gaged in the commercial manufacture [P. R. Doc. 43-8973; Filed, June 2, 1943; tor may extend his customers’ ratings, to the of malt beverages in the continental 11:17 a. m.] extent permitted by Priorities Regulation No. United States. 3, and in extending ratings may use allot­ (2) “Malt beverage*’ means beer, ale, Part 3175—R egulations Applicable to ment numbers appearing on his customers’ stout, porter, near-beer, and beverages orders as provided in paragraph (f) (4) of the C ontrolled M aterials P lan of a similar kind, made by alcoholic fer­ CMP Regulation No. 3. mentation of malted grain with or with­ [Direction 11 to CMP Reg. 1] (e) It should be borne in mind that a preference rating assigned to an authorized out other food products, and with hops DELAYED DELIVERY ON APRIL ORDERS production schedule may be used by a manu­ or hop extracts.. The following direction is issued to all facturer “only to acquire production mate­ (3) “Malted grain” means barley, steel producers pursuant to paragraph rials in the minimum practicable amounts wheat, rye, or any other grain, which required to fulfill such schedule, or to replace has been steeped in water, germinated, (t) (5) of CMP Regulation No. 1: production materials in his inventory, subject and dried. (a) Steel producers who have accepted au­ to the restrictions of paragraph (c) (2) of (4) “Malt syrup” means any syrup or thorized controlled material orders for April, Priorities Regulation No. 3. He may not use extract derived from malted grain, in 1943 delivery and who have not been able to such rating for any other purpose.” make delivery either in April or in May shall (f) In illustration of the above, assume whole or in part. nevertheless fill such orders as soon as pos­ that a manufacturer’s authorized production (5) “Minimum carload” means a rail sible. Such orders for April delivery which schedule permits him to manufacture elec­ shipment of such minimum quantity as are unshipped at the end of May need not be tric motors having a value of $10,000. He the Office of Defense Transportation may reported as provided in paragraph (t) (5) . may apply the preference rating assigned to establish as the minimum permitted car­ (b) However, such orders for April delivery such schedule to obtain all materials and load in General Order 18, Revised (Code which are unshipped at the end of June must components incorporated in motors produced of Federal Regulations, Title 49, Chapt. be reported, and the reporting provisions of by him and, in addition, he may purchase up paragraph (t) (5) must be complied with to $1,000 worth of finished parts to be sold n, Part 500, subpart C, 7 FR.8337), as on orders for shipment in May, 1943 and later separately as repair parts for such motors. it may be amended or modified from months. If the manufacturer desires to purchase time to time. $2,000 worth of such repair parts, he may (6) “Use” of malted grain, means in­ Issued this 2d day of June 1943. not aoquire any of them with the rating as­ fusion into a mash; of malt syrup, it W ar P roduction B oard, signed to his authorized production schedule. means introduction into the brewing By J. J oseph W helan, Issued this 2d day of June 1943. process. Recording Secretary. W ar P roduction B oard, (7) “Quota period” means March 1 [F. R. Doc. 43-8963; Filed, June 2, 1943; By J . J oseph W helan, through May 31,1943, inclusive, and each 11:18 a. m.] Recording Secretary. following three-month period. (8) “Base period” means a period be­ [F. R. Doc. 43-8964; Filed. June 2, 1948; ginning and ending one year prior to the P art 3175—R egulations Applicable to 11:18 a. m.] beginning and ending of the correspond­ the Controlled M aterials P lan ing quota period. [Interpretation 2 of CMP Reg. 3] (b) Restrictions on use. (1) No PURCHASES TO ROUND OUT A LINE P art 3175—R egulations Applicable to brewer, except as permitted in paragraph the Controlled M aterials P lan (b) (2), shall use during any quota The following official Interpretation is [Direction 3 to CMP Reg. 5] period, in the manufacture of malt bever­ hereby Issued with respect to § 3175.3 ages, more than 93% of the quantity (.CMP Regulation 3) as amended May 14, RERATING NOT COMPULSORY of malted grain, and more than 93% of 1943: The following direction is hereby issued the quantity of malt syrup, which he (a) Under CMP Regulation No. 3 prefer­ used for such purpose during the cor­ ence ratings assigned to añ authorized pro­ pursuant to § 3175.5, CMP Regulation 5: responding base period. duction schedule may be used with the re­ Notwithstanding the provisions of Priori­ (2) Notwithstanding the limitations of lated allotment number to acquire produc­ ties Regulation No. 12 orders placed for main­ paragraph (b) ( ), any brewer whose tion materials required to fulfill the sched­ tenance, repair and operating supplies prior 1 ule. The term “production material” is dé­ to May 16, 1943, are not required to be down­ total permitted use of malted grain, cal­ fi ed in paragraph (b) (1) of the regula­ rated in the case of any producer of a product culated pursuant to paragraph (b) (1) , tion to include “items purchased by a manu­ or business which has been moved from during the twelve calendar months be­ facturer for resale to round out his line, if Schedule I to Schedule II or eliminated from ginning March 1, 1943, would not exceed such items do not represent more than 10 Schedule I and Schedule II by the amend­ 70,000 bushels, may use: percent of his total sales.” ment to CMP Regulation No. 5 dated May (i) During the twelve calendar months (b) The provision may not be used indis­ 14, 1943. criminately by a manufacturer to compel beginning March 1,1943, not over 70,000 others to furnish him with materials for re­ Issued this 2d day of June 1943. bushels of malted grain. sale which he normally is able to produce W ar P roduction Board, (ii) During any quota period, not over himself. It was intended to permit acquisi­ By J. J oseph W helan, 100% of the malted grain which he used tion of resale items normally sold by a pro­ Recording Secretary. during the corresponding base period: ducer as his own product, rather than as a Provided, however, That the use quota of distributor, in accordance with customary [F. R. Doc. 43-8965; Filed, June 2, 1943; a brewer having more than one plant trade practices. Examples of such cases are 11:18 a. m.] (a) repair parts or special accessories for the shall be determined pursuant to para­ product manufactured; (b) articles neces­ graph (b) (1), and not this paragraph, sary to complete a “kit” or “package” which unless the combined quotas of all his is sold as such and thereby becomes the P art 3199—M alted G rains and Malt plants is less than 70,000 bushels. “product,” of the manufacturer such as gog­ Syrups (3) Except for the purpose of deter­ gles and gloves sold with welding equipment; mining whether a brewer’s permitted use (c) articles necessary to fill out a specific line [Conservation Order M-288 as Amended June 2, 1943] of malt syrup and malted grain is gov­ or type of product such as sets of wrenches erned by paragraph (b) (1) or para­ where the manufacturer produces some of The fulfillment of requirements for graph (b) ( ), the quotas assigned to the sizes in the set but purchases the re­ the defense of the United States has 2 maining sizes to complete the set. created a shortage in the supply of a brewer having more than one plant (c) The provision may not be used by per­ shall be deemed assigned to each plant sons, such as service repair shops, who do not malted grains and malt syrups for de­ fense, for private account and for ex­ separately. manufacture products for sale. (4) Any brewer may substitute malt (d) In those cases where the estimated port, and the following order is deemed amount of resale items to be purchased by necessary and appropriate in the public syrup for malted grain, in which event 7380 FEDERAL REGISTER, Thursday, June 3, 1943 he shall deduct 10 pounds from the (2) Reports. All manufacturers of All other personnel of the armed forces amount of his malted grain quota for malted grain shall file with the Beverages of the United States are eligible to regis­ and Tobacco Division, War Production ter and apply for War Ration Books in every 8 pounds of malt syrup so used. accordance with the previsions of Ra­ Any brewer may substitute malted grain Board, Washington, D. C„ a monthly re­ tioning Order No. 3 applicable to con­ for malt syrup, in which event he shall port of production and disposition of sumers. deduct 8 pounds from the amount of his such products on Form PD-816. The (b) Members of the armed forces of malt syrup quota for every 10 pounds of first reports submitted pursuant to the the United States and Allied Nations who malted grain so used. requirements of this paragraph shall do not have a War Ration Book and are cover January and February, 1943 opera^ not entitled to have it, may obtain Cer­ (c) Restrictions on delivery. (1) Ex­ tificates to obtain sugar under the cir­ cept as permitted in paragraph (c) (2), tions, and shall be filed on or before cumstances and in accordance with the no brewer may accept delivery of malted March 10, 1943. procedure set forth in General Ration grain or malt syrup if his inventory is or (3) Records. Every person to whom Order 9. by reason of such delivery would become this order applies shall keep and preserve in excess of the maximum permitted by for not less than two years accurate and This amendment shall become effective paragraph (d). complete records concerning inventories, June 7, 1943. (2) Nothing in this order shall be con­ production, usage, and sales. (Pub. Law 421, 77th Cong., E.O. 9125, strued to require delivery of less than a (4) Audit and inspection. All records 7 F.R. 2719; Executive Order 9280, 7 F.R. minimum carload. Notwithstanding the required to be kept by this order shall, 10179; W.P.B. Dir. No. 1 and Supp. Dir. limitations of paragraph (c) (1), any upon request, be submitted to audit and No. IE, 7 F.R. 562, 2965; Food Dir. No. brewer having in his possession or un­ inspection by duly authorized represent­ 3, 8 F.R. 2005) der his control less than his permitted atives of the War Production Board. inventory of malted grain may accept (5) Appeals. Any appeal from the Issued this 1st day of June 1943. delivery of a minimum carload of such provisions of this order shall be made P rentiss M. B rown, grain. by filing a letter in triplicate, referring Administrator. (d) Restrictions on inventory. (1) to the particular provision appealed [F. R. Doc. 43-8925; Filed, June 1, 1943; On and after March 1, 1943, and except from and stating fully the grounds of 4:12 p. m.] as authorized in paragraphs (c) (2), (d) the appeal. (2), (d) (3), and (d) (4), no brewer (6) Communications. All communi­ shall permit his inventory of malted cations concerning this order shall, un­ P art 1407—R ationing of F ood and F ood grain or brewer’s malt syrup to exceed at less otherwise directed, be addressed to P roducts any time 10% of the quantity of each the Beverages and Tobacco Division, War [RO 12,1 Amdt. 39] such product used by him in the manu­ Production Board, Washington, D. C., facture of malt beverages during 1942. Ref. M-238. COFFEE, ARMED FORCES PERSONNEL (2) Notwithstanding the restrictions (7) Violations. Any person who wil­ A rationale accompanying this amend­ of paragraph (d) (1), any brewer shall fully violates any provision of this order ment, issued simultaneously herewith, be permitted an inventory of malted or who, in connection with this order has been filed with the Division of the grain not exceeding 4,000 bushels. wilfully conceals a material fact or fur­ Federal Register.* (3) The restrictions of paragraph (d) nishes false information to any depart­ Ration Order No. 12 is amended in (lrshafl not apply to any brewer who is ment or agency of the United States is the following respect: also- engaged in the business of produc­ guilty of a crime, and upon conviction Section 1407.973 is amended to read ing malted grain. may be punished by fine or imprison­ as follows: (4) Any brewer having an inventory ment. In addition, any such person may § 1407.973 Armed forces personnel. in excess of that permitted by this order be prohibited from making or obtaining Members of the armed forces of the is not required by this order to dispose further deliveries of, or from processing United States and Allied Nations who do of the excess and may retain it and use or using, material under priority con­ not have a war ration book and are not it at any time as permitted in paragraph trol and may be deprived of priorities entitled to have it, may obtain evidences (b). assistance. to acquire roasted coffee under the cir­ (e) Transfer of quotas. Use and in­ Issued this 2d day of June 1943. cumstances and in accordance with the ventory quotas may be carried over from procedure set forth in General Ration one quota period to another quota pe­ W ar P roduction B oard, By J. J oseph W helan, Order 9. riod only with the specific permission of Recording Secretary. the War Production Board. Application This amendment shall become effec­ for such permission shall be made by [F. R. Doc. 43-8966; Filed, June 2, 1943; tive June 7, 1943. letter setting forth the pertinent facts, 11:17 a. m.] (Pub. Law 671, 76th Cong., as amended the relief requested, and the reasons why by Pub. Laws 89, 507, 421, and 720, 77th such relief should be granted. Any Chapter XI—Office of Price Administration Cong.; E.O. 9125; 7 F.R. 2719; E.O. 9280, P art 1407—R ationing of P ood and F ood 7 F.R. 10179; W.P.B. Dir. No. 1, Supp. brewer who has, at the end of any quota Dir. No. 1-R; Food Dir. 3, 8 F.R. 2005) period, an unused quota balance insuf­ P roducts ficient to produce a full brew may carry [RO 3,1 Amdt. 65] Issued this 1st day of June 1943. P rentiss M. B rown, that balance over into the next quota SUGAR, ARMED FORCES PERSONNEL Administrator. period and add it to his quota for that A rationale accompanying this amend­ period, without specific permission, not­ ment, issued simultaneously herewith, [F. R. DOC. 43-8926; Filed, June 1, 1943; withstanding the foregoing restrictions. has been filed with the Division of the 4:11 p. m.] (f) Existing contracts. The fulfill­ Federal Register.* Rationing Order No. 3 is amended in P art 1407—R ationing of F ood and F ood ment of existing contracts for the sale roducts the following respect: P of malted grains and brewer’s malt syrup Section 1407.181 is amended to read [RO 13,2 Amdt. 34] is permissible only to the extent that such as follows: fulfillment does not violate the quota or PROCESSED FOODS, SERVICE MEN’S inventory restrictions imposed by this § 1407.181 Armed forces personnel. CERTIFICATES order. (a) Members of the armed forces of the A rationale for this Amendment has (g) Miscellaneous provisions—(. 1) Ap­ United States subsisted in kind or in or­ been issued simultaneously herewith plicability of regulations and orders. ganized messes shall not be eligible to register and apply for War Ration Books. t 8 F.R. 3400, 3843, 4486, 4519, 4977, 4892, This order and all transactions affected 5318, 5480, 5486, 5818, 5846. thereby are subject to all applicable pro­ ♦Copies may be obtained from the Office 2 8 F.R. 1840, 2288, 2677, 2681, 2684, 2943, visions of the regulations and orders of of Price Administration. 3179, 3949, 4342, 4525, 4726, 4784, 4892, 4921, the War Production Board, as amended 18 F.R. 4930, 4977, 5318, 5909, 5846, 6135, 5318, 5341, 5342, 5480, 5568, 5757, 5758, 6046, from time to time. 6442, 6626, 6687, 6961. B137, 6181, 6137. FEDERAL REGISTER, Thursday, June 3, 1943 7381

and has been filed with the Division of P art 1300—P rocedure P art 1815—R ubber and P roducts and M aterials of W hich R ubber I s a Com­ the Federal Register.* [Procedural Reg. 9,1 Amendment 8] Section 2.7 of Ration Order 13 is ponent amended to read as follows: uniform appeal procedure under ration [RPS 66, as Amended,1 Arndt. 2] ORDERS, REGION II Sec. 2.7 Service men may get certifi­ RETREADED AND RECAPPED RUBBER TIRES AND cates to acquire processed foods, (a) A rationale accompanying this amend­ THE RETREADING AND RECAPPING OF RUB­ Members of the Armed Forces of the ment, issued -simultaneously herewith, BER TIRES United States and Allied Nations who do has been filed with the Division of the A statement of the considerations in­ not have War Ration Book Two and are Federal Register.* volved in the issuance of this amend­ not entitled to have it, may obtain cer­ ment, issued simultaneously herewith, tificates to get processed foods under the Procedural Regulation No. 9 is amend­ has been filed with the Division of the circumstances and in accordance with ed in the following respect: Federal Register.* the procedure set forth in General Ra­ Section 1300.611 (c) is amended to read Revised Price Schedule 66 as amended, tion Order 9. A as follows: is amended in the following respects: This amendment shall become effec­ (c) Region II. New York: Bingham­ 1. Section 1315.1215 is amended by tive June 7, 1943. ton, New York, Albany, Buffalo, Roches­ amending the title of Table II—Truck and Bus Types of Tread, to read as fol­ (Pub. Law 671, 76th Cong., as amended ter, Syracuse; New Jersey: Camden, lows: “Table n —Truck and Bus Types by Pub. Laws 89, 421, 507 and 729, 77th Newark, Trenton; Pennsylvania: Al­ of Tread, When Applying Grade C 1 Cong.; E.O. 9125, 7 F.R. 2719; E.O. 9280, toona, Erie, Harrisburg, Philadelphia, Camelback or When Applying Grade A 1 7 F.R. 10179; W.P.B. Directive 1, 7 F.R. Pittsburgh, Scranton, Williamsport; Camelback to Rock Service Tread’’; by 562; Food Directive 3, 8 F.R. 2005, and Maryland: Baltimore; Delaware: Wil­ redesignating footnotes 1 to 8, inclusive, Food Directive 5, 8 F. R. 2251) mington; Washington, D. C.: Washing­ to Table II as footnotes 2, 3, 4, 5, , 7, , ton, D. C. 6 8 Issued this 1st day of June 1943. and 9, respectively; and by adding a new footnote 1 to read as follows: P rentiss M. B rown, This amendment shall become effec­ Administrator. tive June 7, 1943. 1 Grade O and A camelback mean camel­ back having the specifications established for [P. R. Doc. 43-8927; Filed, June 1, 1943; (Pub. Law 507, 77th Cong., W.P.B. Dir. Grade C and A capping stock compounds, re­ 4:12 p. m.] 1, 7 F.R. 562, E.O. 9125, 7 FJR. 2719) spectively, by Supplementary Order No. M- Issued this 1st day of June 1943. 15-b-l (7 F.R. 967) issued by the War Pro­ duction Board and adopted for Grade C and G eorge J. B urke, A camelback, respectively, by Maximum Price Acting Administrator. Part 1407—R ationing op F ood and Food Regulation No. 131—Camelback (7 F.R. 3160). P roducts [P. R. Doc. 43-8942; Filed, June 1, 1943; 2. Section 1315.1215 is amended by 5:16 p. m.] adding a new Table IIA to read as fol­ [RO 16,1 Arndt. 31] lows: 17 F.R. 8796, 8 F.R. 856, 1838, 2030, 2594, MEAT, FATS, FISH AND CHEESES, SERVICE 2941, 4350, 4929. 1 7 FJR. 8803, 8948; 8 F.R. 3174. MEN’S CERTIFICATES Table IIA.—TRUCK AND BUS TYPES OF TREAD, WHEN APPLYING GRADE A i CAMELBACK A rationale accompanying this amend­ TO SrZE 8:25-20 OR LA R G ER ment, issued simultaneously herewith, has been filed with the Division of the Maximum prices for retreading or recapping, Add this price when the tire carcass is furnished by the when the tire Federal Register.* Stop- purchaser carcass is not Section 2.6 of Ration Order 16 is start furnished by the amended to read as follows: T ire size * tire Ply purchaser. The size * Conven­ result is the No. tional Stop- Ground Road Earth maximum price Section 2.6 Service men may get cer­ truck and start 4 grip 4 grader7 m over8 for a retreaded tificates to acquire foods covered by this b u s 4 or recapped tire order, (a) Members of the Armed Forces of the United States and Allied 8.25- 20...... $18.65 $28.15 $27.60 $30.40 $22.26 $10.80 Nations who do not have War Ration 8.25- 20...... 18.65 27.60 30.40 22.25 10.80 8.25- 22...... 19.60 10.80 Book Two and are not entitled to have it, 8.25- 24...... 20.65 31.20 32.70 10.80 may obtain certificates to get foods cov­ 9.00- 13...... 14.20 6.50 ered by this order under the circum­ 9.00- 15...... 20.40 12.00 9.00- 18...... — 21.95 29.95 12.00 stances and in accordance with the 9.00- 20...... 22.50 34.35 32.95 29.95' 12.00 9.00- 20 (36 x 8)--- 22.50 32.95 29.95 ; 12.00 procedure set forth in General Ration 9.00- 22-...... 23.15 12.00 Order 9. 9.00- 24...... 23.65 36.00 34.65 12.00 9.00- 24 (40 X 8)__ 23.65 36.00 34.65 12.00 This amendment shall become effective 10.00- 15...... 21.80 13.20 10.00- 18 (9.75-18)_ 24.45 13.20 June 7, 1943. 10.00- 20 (9.75-20)_ 40 24.90 42.45 41.75 37.35 13.20 10.00- 20 (38 x 9)_ 24.90 41.75 37.35 13.20 (Pub. Law 671, 76th Cong., as amended 10.00- 22 (9.75-22)—. 25.40 44.70 13.20 by Pub. Laws 89, 421, 507, and 729, 77th 10.00- 24 (42 x 9)_ 26.05 45.05 45.25 36.60 14. 40 Cong.; E.O. 9125, 7 F.R. 2719; E.O. 9280, 1 Grade A camelback means camelback having the specifications established for Grade A capping stock com­ pounds by Supplementary Order No. M-15-b-l (7 F.R. 967) issued by the War Production Board and adopted 7 Fit. 10179; W.P.B. Dir. 1, 7 F.R. 562, and for Grade A camelback by Maximum Price Regulation No, 131—Camelback (7 F.R. 3160). Supp. Dir. 1-M, 7 F.R. 7234; Food Dir. 1, 3 For any tire size where no maximum priee is listed in this table under the particular heading for ground-grip, road grader or earth mover types of tread, the maximum priee is that set forth for such size under the heading for 8 F.R. 827; Food Dir. 3,8 F.R. 2005; Food conventional truck and bus type of tread. Dir. 5,8 F.R. 2251; Food Dir. 6,8 Fit. 3471; 8 M aximum prices set forth for stop-start type of tread apply only when such treads are applied to tire.s of a stop- start size listed in this column or of a size generally recognized as equivalent to one of such stop-start sizes. When Food Dir. 7, 8 F.R. 3471) a stop-start type of tread is applied to such an equivalent size of tire, the maximum price shall be that set forth for the appropriate stop-start size. Issued this 1st day of June 1943. 4 Conventional truck and bus type of tread includes any tread of a type generally recognized as designed primarily for ordinary “on theroad” use on trucks or busses. P rentiss M. B rown, 4 Stop-start type of tread must have at least tjfa inch tread design depth at the center circumference of the tire Administrator. and must contain at least as much rubber in the undertread and have a tread design depth at the center circumference of the tire which is at least %2 inch deeper than the conventional truck and bus type of tread of the same retreader IP. R. Doc. 43-8928; Piled, June 1, 1943; orrecapper for the same size of tire. Btop-start type of tread includes any such extra heavy tread of a type generally recognized as designed primarily for city commercial use on trucks or busses. 4-12 p. m.j 8 Ground-grip type of tread must contain at least as much rubber in the undertread and have a tread design depth at the center circumference of the tire which is at least %2 inch deeper than the conventional truck and bus typo * Copies may be obtained from the Office of of tread of the same retreader or recapper for the same size of tire. Ground-grip type of tread includes any such tread of a deep-cut, cleated type generally recognized as designed primarily for use on trucks for tractions through Price Administration. mud, snow, sand or soft ground. *8 PR. 3591, 3715, 3949, 4137, 4350, 4423, 7 Road grader type of tread includes any tread of a type generally recognized as designed primarily for “off the 4721, 4784, 4893, 4967, 5172, 5318, 5679, 5567, pavement” use on the power driven wheels of highway maintenance and road construction machinery for traction 5739, 5819, 6046, 6138, 6181, 6446, 6614, 6620, through mud, snow, sand or soft earth. 6687, 6960, 6961. 8 Earth mover type of tread includes any tread of a type generally recognized as designed primarily for providing flotation in soft earth for “off the road” use on earth moving vehicles. No. 109------3 7382 FEDERAL REGISTER, Thursday, June 3, 1943

^ able IIA.—TRUCK AND BUS TYPES OF TREAD, WHEN APPLYING GRADE A1 CAMELBACK This amendment shall become effective TO SIZE 8.25-20 OR LA R G ER —Continued June 7, 1943.

Maximum prices for retreading or recapping, Add this price (Pub. Laws 421 and 729, 77th Cong • when the tire carcass is furnished by the when the tire E.O. 9250, 7 F.R. 7871; E.O. 9328, 8 F.R. Stop- purchaser carcass is not 4681) start furnished by the Tire size8 tire Ply purchaser. The size * Conven­ result is the Issued this 1st day of June, 1943. No. tional Stop- Ground Boad Earth maximum price G eorge J. B urke, truck and start • grip • grader7 m over8 for a retreaded bus 4 or recapped tire Acting Administrator. [F. R. Doc. 43-8936; Filed, June 1, 1943; 11.00-18 ...... - 12 $46.20 $14.40 5:18 p. m.] 11.00-20 (10.50-20)...... 48 12 $27.05 $47.60 49.10 $42. 55 14.40 11.00-20...... 14 27.05 49.10 42.55 14.40 11.00-22 (10.50-22)...... 50 12 28.85 50.35 14.40 11.00-24 (10.50-24)...... 52 12 30.15 52.45 53.80 $37.65 14.40 12.00-20 (11.25-20)...... 14 37.60 64.25 51.00 16.80 • P art 1340—F uel 12.00-20 (44 X 10)...... 16 37.60 64.25 51.00 16.80 12.00-22 (11.25-221 14 39.10 16.80 [RPS 88,1 Amdt. 105] 12.00-24 (11.25-24)...... 14 40.60 68.80 40.00 16.80 12.00-24 (44x10) '...... 16 40.60 68.80 40.00 18.00 PETROLEUM AND PETROLEUM PRODUCTS 13.00-20 (12.75-20) ...... 16 51.00 41.70 5$. 75 18.00 13.00-24 (12.75-24) ...... 16 55.90 45.15 18.00 A statement of the considerations in­ 14-00-20 ria 50-20) 16 59.80 • 66.60 19.20 14.00-20 ...... 18 59.80 66.60 20.20 volved in the issuance of this amend­ 14.00-20 ...... 20 59.80 66.60 21.40 ment, issued simultaneously herewith, 14.00-24 (13.50-24)...... 16 65.60 104.10 62.95 19.20 16.00-20 16 139.15 22.00 has been filed with the Division of the 16.00-20 ...... 18 139.15 24.80 Federal Register. * 16.00-24 16 152.05 30.00 Column 12 in the table of § 1340.159 16.00-24 . 18 152.05 33.00 18.CC-24 ...... 12 214. 20 176.15 42.00 (c) (1) (xiv) is amended to read as fol­ 18.00-24 ...... 16 214. 20 176.15 50.00 lows: 18.00-24 ...... 20 214. 20 176.15 55.00 18.00-40 . 20 473. 75 55.00 A. P. I. gravity: 12 21.00-24 ...... 16 333.70 333. 70 72.50 15- 15.9______.89 21.00-24 ...... ______20 367. 45 93.50 24.00-32 — 24 844. 50 844.50 137. 50 16- 16.9______.89 24.00-32__ 36 1,044.40 192.50 ' 17-17.9______1______.89 30.00-40— 28 1,655.00 220.00 18- 18.9______.89 30.00-40- . 34 2,013.40 330.00 19- 19.9__ .89 36.00-40- - 34 2, 584.95 440.00 20- 20.9______. 89 21- 21.9______.89 See footnotes on page 7381. 22- 22.9______.91 23- 23.9__ .95 3. Section 1315.1215 is amended by amending Table III to read as follows: 24- 24.9______„ .99 Table III.—FARM TRACTOR« AND RICE Table III.—FARM TRACTOR» AND RICE 25- 25.9______1.02 AND CANE SPECIAL SERVICE * TYPES OF AND CANE SPECIAL SERVICE 8 TYPES OF 26- 26.9___ 1.05 TREAD T R E A D —Continued This amendment shall become effec­ tive June 7, 1943. Add this price Add this price Maximum when the tire Maximum when the tire (Pub. Laws 421 and 729, 77th Cong.; E.O. prices for re­ carcass is prices for re­ carcass is 9250, 7 F.R. 7871) treading or re­ not furnished treading or re­ not furnished Tire size capping, when by the pur­ Tire size capping, when by the pur­ Issued this 1st day of June 1943. the tire carcass chaser. The re­ the tire carcass chaser. The re­ sult is the max­ sult is the max­ G eorge B urke, is furnished by imum price for is furnished by imum price for J. the purchaser a retreaded or the purchaser a retreaded or Acting Administrator. recapped tire recapped tire [F. R. Doc. 43-8935; Filed, June 1, 1943; 5:19 p. m.] FRONTS ' backs—continued 4.00-9...... $4.15 $2.75 4.00-15...... 4.45 2.75 7. 50-36: 4.00-19...... 4.70 2.75 9-36...... $28.10 $8.00 4.75-15.______5.55 3.20 9-38...... 30.15 8.00 5.00-15______5.85 3.20 7,50-40,9-40...... 32.00 8.00 P art 1347—P aper, P aper P roducts, Raw 5.25-21...... 6.50 3.20 8. 25-24: 5.50-16...... 6.45 3.20 •10-24...... 22.65 9.45 M aterials for P aper and P aper P rod­ 6.00-9...... 9.90 3.50 10-26...... 23.50 9.45 ucts, P rinting and P ublishing 6.00-12...... 7.30 .3.50 10-28____ 24.45 9.45 6.00-16...... 7.40 3.50 8. 25-36: [MPR 225,2 Amdt. 5] 6.00-20______8.05 3.50 10-36...... 29.45 9.45 6.25-16...... 7.70 4.00 10-38...... 32.30 9.45 PRINTING AND PRINTED PAPER COMMODITIES 6.50-10...... 8.40 4.00 9.00-24: 7.50-10______10.85 5.25 11-24...... 27.20 10.00 A statement of the considerations in­ 7.50-16...... 9.40 5.25 11-26...... 27. 35 10.00 7.50-18...... 10.05 5.25 9.00-28,11-28...... 29.20 10.00 volved in the issuance of this amend­ 7.50-20...... 11.20 5.25 9.00-36: ment, issued simultaneously herewith, 9.00-10..______13.90 6.55 11-36...... 30.25 10.00 11-38...... 30.75 10.00 has been filed with the Division of the BACKS 9.00-40: Federal Register.* 6.00-22...... ^ 7.75 4.00 11-40...... 31. 30 10.00 Section 1347.461 is amended to read as 7-32...... 14.35 4.00 12-24...... 28.90 10.00 6.50-32...... 15.75 4.50 12-26...... 29.95 10.00 follows: 6.50-40-...... 19.70 4.50 12-30...... 31. 55 10.00 7-36...... 17.35 4.50 10.00-36: § 1347.461 Adjustable pricing. Any 7-40...... 18.15 4.50 12-36...... 38. 05 11.00 person may agree to sell at a price which 7-44...... 19. 65 4.50 12-38...... 39.65 11.00 7.00-22...... 11.40 5.00 10-00-40,12-40...... 40.95 11.00 can be increased up to the maximum 7.00-24, 8-24...1...... 14. 35 5.00 10.00-44...... 43.45 11.00 price in effect at the time of delivery; but 8-32...... 18.75 5.00 11.25-24,13-24...... 33.75 12.20 8-36...... 21.85 5.00 11. 25-28: no person may deliver or agree to deliver 8-38...... 21.95 5.00 13-28...... 36.85 12.65 at prices to be adjusted upward in ac­ 7.00-40,8-40______23.20 5.00 13-30...... 38.10 12.65 7.50-22...... 11.85 6.50 11. 25-36,13-36...... 41.70 13.20 cordance with action taken by the Office 7.50-24: 11. 25-40,13-40...... 46.65 13.75 of Price Administration after delivery, 9-24...... 16.40 6.50 12-75-24,14-24...... 40.90 14.30 unless a request for a change in the ap- 9-28...... 20.90 8.00 12. 75-28: 9-32...... 25.50 8.00 14-28...... 45.25 14.85 14-30...... 47.50 14.85 *Copies may be obtained from the Office 1 Farm tractor type of tread includes any tread of a type 12. 75-32,14-32...... 49.75 15.40 generally recognized as designed primarily for use on 13. 50-24,15-24...... 45.65 15.40 of Price Administration. farm tractors. 13.50-28,15-28...... 50.70 15.95 *8 F.R. 3718, 3795, 3845, 4130, 4131, 3841, 8 Rice and cane special service type of tread includes 13. 50-32,15-32.__..... 80 16.50 4252, 4334, 4783, 4840. any deep-cut, high cleated tread of a type generally Si. recognized as designed primarily for use in muck and 2 8 F.R. 4181. water. FEDERAL REGISTER, Thursday, June 3, 1943 7383 plicable maximum price, filed in accord­ paragraph (a) (1) is based. Any manu­ of the highest carload price which was ance with a Procedural Regulation issued facturer desiring to establish a maxi­ charged on a uniform nationally de­ by this office, is pending at the date of mum price for such product shall submit livered basis by the manufacturer dur­ such delivery or agreement to deliver. to the Office of Price Administration, ing the period of October 1 to October 15, Washington, D. C., the physical specifi­ 1941, the maximum price shall be 95% This amendment Shall become effec­ cations of the product for which a maxi­ of such October 1 to 15, 1941, carload tive June 7, 1943. mum price is desired, the name and price. Freight practices which were em­ (Pub. Laws 421 and 729, 77th Cong., EX). physical specifications of the most ployed by the manufacturer during such 9250, 7 F.R. 7871) nearly comparable product for which a period may be continued, Provided, That maximum price is established by this the manufacturer shall not require the Issued this 1st day of June 1943. regulation, the amount of the adjust­ purchaser to pay a larger proportion of G eorge J. B tjrke, ment desired because of such difference transportation costs incurred in the de­ Acting Administrator. in specifications, and the maximum price livery of the paper towels than the man­ [F. R. Doc. 43-8943; Filed, June 1, 1943; requested for the product. ufacturer required purchasers of the 5:16 p. m.] The Office of Price Administration same class to pay during the period of may approve, disapprove, or adjust the October 1 to 15, 1941. proposed maximum price by letter, and Part 1347—P aper, P aper P roducts and the proposed maximum price may not be 9. Section 1347.516 (a) (1) (vi) is Raw Materials for P aper and P aper charged prior to such approval. added to read as follows: P roducts, P rinting and P ublishing (vi) Household folded paper towels [MPR 266 \ Amdt. 4] 4. Section 1347.515 (c) (2) (iii) is shall be priced on the same basis as in­ added to read as follows: CERTAIN TISSUE PAPER PRODUCTS dustrial folded towels. (iii) Wholesale grocers and whole­ A statement of the considerations in­ sale druggists who, during the period of 10. Section 1347.516 (a) (1) (vii) is volved in the issuance of this Amend­ October 1 to October 15, 1941, operated added to read as follows: ment, issued simultaneously herewith, wholesale paper departments and had (vii) The manufacturer’s maximum has been filed with the Division of the an established practice of selling toilet price for a product not manufactured, Federal Register.* tissue to industrial, institutional and sold or offered during the period of Oc­ Maximum Price Regulation No. 266 is commercial users at mark-ups approxi­ tober 1-15, 1941, or during March, 1942, amended in the following respects: mating those set forth in paragraph (c) shall be determined by referring to the 1. Section 1347.512 (a) (14) is (2) for paper merchants during such pe­ m axim um price established by him for amended to read as follows: riod, may compute their maximum prices the most nearly comparable product (14) “Facial type toilet tissue” in­ for sales on such products to such pur­ which he manufactured, sold or offered cludes two or three ply toilet tissue chasers in accordance with the mark­ during-either of such base periods, and manufactured on a type of paper ma­ ups provided for paper merchants in adjusting this price to reflect the actual chine where paper is creped, and ad­ paragraph (c) (2), or in accordance with differences in the physical specifications, hering to the dryer with a moisture their mark-ups applied to sales to a including basis weight, furnish, sheet range not exceeding 10 %. purchaser of the same class during area per case, upon which the formula March. 1942, whichever is lower. in paragraph (a) (T) is based. Any 2. Section 1347.515 (a) (1) (iff) is manufacturer desiring to establish a amended to read as follows: 5. Section 1347.515 (c) (7) is added to maximum price for such product shall read as follows: (iii) In the event that the maximum submit to the Office of Price Admin­ price as calculated above is less than (7) On sales of toilet tissue purchased istration, Washington, D. C., the phys­ 95% of the highest carload price which from a manufacturer who determined ical specifications of the product for was charged, on a uniform nationally his maximum price on an f.o.b. mill which a maximum price is desired, the delivered basis, by the manufacturer basis as outlined in paragraph (b) (2) name and physical specifications of the during the period of October 1 to above, the distributor may base his maxi­ most nearly comparable product for October 15, 1941, the maximum price mum mark-up upon th# sum of such which a maximum price is established by shall be 95% of such October 1 to f.o.b. mill maximum price and freight this regulation, the amount of the ad­ 15, 1941, carload price. Freight prac­ charges (not exceeding carload rate of justment desired because of such differ­ tices which were employed by the man­ freight) to the point of delivery, or upon ence in specifications, and the maximum ufacturer during such period may be the maximum zone price which would price requested for the product. continued : Provided, That the manufac­ apply at the given destination, which­ The Office of Price Administration turer shall not require the purchaser to ever is lower. may approve, disapprove, or adjust the pay a larger proportion of transporta­ proposed maximum price by letter, and 6. Section 1347.515 (f) is added to read the proposed maximum price may not be tion costs incurred in the delivery of the as follows: toilet tissue than the manufacturer re­ charged prior to such approval. quired purchasers of the same class to (f) Hie provisions governing retailer’s 11. Section 1347.516 (c) (2) (iii) is pay during the period of October 1 to maximum prices on toilet tissue shall added to read as follows: 15,1941. become effective with respect to all brands and grades which the retailer (iii) Wholesale grocers and wholesale 3. Section 1347.515 (a) (1) (iv) is carries in stock as soon as he receives a druggists who, during the period of Oc­ added to read as follows: copy of paragraph (d), or in any event tober 1 to October 15, 1941, operated (iv) The manufacturer’s maximum not later than June 25,1943. wholesale paper departments and had an price for a product not manufactured, 7. Section 1347.515 (e) (1) is amended established practice of selling paper tow­ sold or offered during the period of Octo­ to read as follows: els to industrial, institutional and com­ ber 1-15, 1941, or during March, 1942, mercial users at mark-ups approximat­ shall be determined by referring to the (1) The manufacturer shall plainly ing those set forth in paragraph (c) (2) maximum price established by him for mark on each case of toilet tissue the for paper merchants during such period, the most nearly comparable product basis weight, the chemical pulp class, may compute their maximum prices for which he manufactured, sold or offered sheet and roll count, and sheet size, ex­ sales on such products to such purchas­ during either of such base periods, and cept that no such marking shall be re­ ers in accordance with the mark-ups adjusting this price to reflect the actual quired on cases of toilet tissue conform­ provided for paper merchants in para­ differences in the physical specifications, ing to “Emergency Alternate Federal graph (c) (2), or in accordance with including basis weight, furnish, sheet Specification E-UU-P-556b”. their mark-ups applied to sales to a pur­ area per case, upon which the formula in 8. Section 1347.516 (a) (1) (iii) is chaser of the same class during March, amended to read as follows: 1942, whichever is lower. * Copies may be obtained from the Office of Price Administration. (iii) In the event that the maximum 12. Section 1347.516 (c) (7) is added 17 F.R. 9335, 10714; 8 F.R. 531, 2431, 4131. price as calculated above is less than 95% to read as follows: 7384 FEDERAL REGISTER, Thursday, June 3, 1943

(7) On sales of paper towels purchased of the item with the notice. Before mak­ or authorization issued under Revised from a manufacturer who determined ing any sales at this new price, a whole­ Rationing Order No. 4 may buy it, with­ his maximum price on an f. o. b. mill saler must calculate and record the new out further authorization, at any time basis as outlined in paragraph (b) (2) price on Form No. 337:1 (or a copy through June 30, 1943, if the owner is above, the distributor may base his maxi­ thereof) as set forth in Appendix B. The willing to sell it. mum mark-up upon the sum of such notice received by wholesalers must be (d) On and after July 1, 1943, the au­ f. o. b. mill maximum price and freight preserved. Even though later shipments, thorization for the rental of all Class B charges (not exceeding carload rate of are received with the same notice, the typewriters under Revised Rationing freight) to the point of delivery, or maximum price may not be recalculated Order No. 4 is revoked and all persons upon the maximum zone price which again. renting Class B typewriters must meet would apply at the given destination, 2. Section 7 is amended by inserting the rental requirements of this order. whichever is lower. after the phrase “under section 4”, the This amendment shall become effec­ 13. Section 1347.516 (f) is added to phrase “or section 23a”. tive June 7, 1943. read as follows: This amendment shall become effec­ (Pub. Law 671, 76th Cong, as amended by (f) The provisions governing retailer’s tive June 7, 1943. Pub. Laws 89, 507, 421, and 729, 77th maximum prices on paper towels shall Cong.; W.P.B. Directive No. 1, Supple­ become effective with respect to all (Pub. Laws 421 and 729, 77th Cong.; mentary Directive No. 1-D, Conversion brands and grades which the retailer E.O. 9250, 7 F.R. 7871; E.O. 9328, 8 F.R. Order No. L-54-a, 7 F.R. 562,. 1792, 2130) carries in stock as soon as he receives 4681) a copy of paragraph (d), or in any event Issued this 1st day of June 1943. Issued this 1st day of June 1943. not later than June 25, 1943. G eorge J. B urke, G eorge J . Burke, Acting Administrator. This amendment shall become effec­ Acting Administrator. tive June 7, 1943. [F. R. Doc. 43-8937; Filed, June 1, 1943; [F. R. Doc. 43-8939; Filed, June 1, 1943; 5:18 p. m.] Note: All reporting and record keeping re­ 5:19 p. m.] quirements of this amendment have been approved by the Bureau of the Budget in accordance with the Federal Reports Act P art 1404—R ationing of F ootwear of 1942. P art Office and S tore M achines 1398— [RO 6A] (Pab. Laws 421 and 729, 77th Cong.; [RO 4A,1 Arndt. 3] E.O. 9250, 7 F.R. 7871) m e n ’s r u b b e r b o o t s and r u b b e r w o r k TYPEWRITERS SHOES Issued this 1st day of June 1943. A rationale accompanying this amend­ Preamble. Men’s rubber boots and G eorge J. Burke, ment, issued simultaneously herewith, rubber work shoes have been rationed by Acting Administrator. has been filed with the Division of the the Office of Price Administration since [F. R. Doc. 43-8944; Filed, June 1, 1943; Federal Register.* September 29, 1942 under Ration Order 5:16 p. m.J Ration Order 4A is amended in the No. 6. following respects: Among the most critical war-time 1. Section 1398.103 is amended by in­ problems of the nation is the scarcity of serting after the first sentence the fol­ rubber. Our limited stockpile of this P art 1351—F ood and F ood P roducts lowing: vital commodity must be reserved only [Rev. MPR 237,1 Arndt. 2] for the most urgent needs. The use of These certificates are valid only for rubber in the manufacture of many non- FIXED MARK-UP REGULATION FOR SALE OF 30 days from their date. essential products is prohibited. Severe CERTAIN FOOD PRODUCTS AT WHOLESALE 2. Section 1398.112 is amended to read production controls have limited the A statement of the considerations in­ as follows: quantity and the rubber content of even volved in the issuance of the amendment, § 1398.112 Typewriter rentals author­ the most essential items. Tires have issued simultaneously herewith, has been ized under former order, (a) A person been rationed since Decembei, 1941. filed with the Division of the Federal The continuance of important types may keep a Class A typewriter on rental of military and civilian production de­ Register. * which he rents from a person other than Revised Maximum Price Regulation pends upon the use of rubber footwear a typewriter dealer, wholesaler, or manu­ by certain workers in the mines and fac­ No. 237 is amended in the following re­ facturer, for the rental or purchase of spects : tories and on the farms. The health which a certificate or authorization had and safety of these workers require the 1. Section 23a is added to read as fol­ been issued to him under Revised Ra­ lows: protection given by rubber footwear. tioning Order No. 4 prior to December 5, The War Production Board hai made Sec. 23a Change in suppliers’ maxi­ 1942, if he was then eligible for the type­ careful studies of the occupational needs mum prices. If the Office of Price Ad­ writer. A rental agreement permitted for rubber footwear; it has permitted ministration changes a supplier’s maxi­ by this paragraph may be renewed from production of only a small number of mum price for an item covered by this time to time without further approval, simplified types; it has established a regulation, it may direct that wholesal­ but is subject to the recovery provision maximum permissible rubber content ers shall recalculate their maximum of Sec. 1398.127 (a). of each type; it has allocated a limited prices for the item. Ordinarily, written (b) Any person having on rental or amount of rubber for the production of notice instructing the wholesaler to re­ loan a Class A typewriter which he rents those types. calculate his price will come from the or borrows from a typewriter dealer, The total number of pairs which can manufacturer or supplier or will be en­ wholesaler, or manufacturer must re­ be manufactured from the allocation of closed in or attached to the carton, case turn it to his lessor or lender, and the rubber is far less than the demand. Un­ or barrel containing the item. After lessor or lender must recover the type­ less this demand is restricted, and unless actually receiving the item for the first writer, on or before June 30,1943, except measures are taken to insure the distri­ time with such notice, wholesalers must as permitted under paragraph (c) of this bution of the supply among those work­ recalculate their maximum price for the section. ers whose activities are most essential item in accordance with section 3 based (c) Any person lawfully having on and whose needs are most urgent, pro­ on the “net cost” of the first delivery rental a Class A typewriter which he duction for the war effort may be seri­ rents from a typewriter dealer, whole­ ously disrupted. Accordingly, the War ♦Copies may be obtained from the Office saler, or manufacturer on a certificate Production Board directed the Office of of Price Administration. Price Administration to ration rubber 18 F.R. 6120, 6424. 17 FJR. 108Ô6; 8 F.R. 1065, 1588, 5172. footwear. FEDERAL REGISTER, Thursday, June 3, 1943 7385

Ration Order No. 6 was issued pur­ Administration and the Price Admin­ PROHIBITED ACTS UNDER TH IS ORDER suant to that Directive. It was designed istrator by Executive Order 9125 issued Sec. by the President on April 7, 1942, by Di­ 3.8 Unlawful transfer of rubber footwear or to exclude from the market all but those certificate is prohibited. purchasers whose war-time activities re­ rective 1 and Supplementary Directive 8.9 Other prohibitions in General Ration quire the use of rubber footwear. It pro­ 1-N of the War Production Board, issued Order 8. vides for the rationing of men’s rubber January 24, an.d September 29, 1942, re­ boots and rubber work shoes, comprising spectively, Ration Order 6A (Men's Rub­ APPEALS AND SU SPENSION ORDERS the bulk of all occupational waterproof ber Boots and Rubber Work Shoes) 8.10 Persons affected may appeal. footwear. It requires all who wish to which is annexed hereto and made a 3.11 Violators may lose right to rationed buy such footwear to apply to a local part hereof, is hereby issued. products. War Price and Rationing Board. Appli­ Authority : 11404.1 issued under Pub. Law DEFINITIONS AND TYPES OF RUBBER FOOTWEAR cation may be made either by consumers 671, 76th Cong., as amended by Pub. Laws 89, 8.12 Words used with special -meaning are for footwear for their own use or*by 507, and 421, 77th Cçrag.; W.P.B. Directive 1, explained. employers who customarily furnish such 7 FR. 562, Supplementary Directive 1-N, 7 3.13 Rubber footwear is divided into six footwear to their employees. F.R. 7730; E.O. 9125, 7 FR . 2719. types. Authorizations to buy are granted only Ration Order 6A—M en’s Rubber B oots and EFFECTIVE DATES to those individuals (1). who demonstrate Rubber Work Shots that their work is essential to the war 3.14 Ration Order 6 is revoked. Article I—How Consumers Get Rubber effort or the maintenance of public F ootwear ARTICLE I— HOW CONSUMERS GET RUBBER health or safety, and (2) whose work­ Sec. FOOTWEAR ing conditions require the use of such II A certificate is needed to get rubber footwear, and to employers of such in­ tootwear. (This part tells what "one must know to dividuals. 1.2 Who may get a certificate. get rubber footwear for use.) 1.3 Application is made on Form R-603 Re­ Applicants who qualify under these S ection 1.1 A certificate is needed to conditions receive a certificate issued by vised. 1.4 Non-exempt federal agencies and the get rubber footwear. A person who the local Board, authorizing them to A m e ric a n National Red Cross apply wants to get rubber footwear must first purchase a specified quantity of one of to the National Office. get a certificate (OPA Form R-605 Re­ the six types into which, all rationed rub­ 1.5 All other consumers apply to Board. vised) and, after endorsing his name and ber footwear is grouped. In each case 1.6 Applicant need not appear in person. address on the back, give it to the person the local Board authorizes the purchase 1.7 When certificates are issued. from whom he is to acquire the rubber of only the shortest and lightest weight 1.8 Blanks on certificates must be filled in. footwear. (The cases where certificates of the six types which will meet the 1.9 Invalid certificates may be replaced. 1.10 Consumer must give certificate to re­ are not needed are explained later.) applicant’s needs. Employer-consumers tailer. (Some words are used in this order are granted certificates allowing them 1.11 Certificate may be returned to con­ with a special meaning. Examples are the minimum quantity practicable for sumer. “acquire”, “certificate”, “establishment”, their operations. Rationed rubber foot­ 112 Employer-consumer may have multiple and “transfer”. These terms are fully wear can be purchased only by the pres­ certificate sub-divided. explained in section 3.12.) 1.1B Consumer may exchange or return rub­ entation of these certificates to regis­ Sec. 12 Who may get a certificate. tered dealers. ber footwear. 114 Consumer-employer may let employees (a) A person may get a certificate only: Ration Order 6A embodies the follow­ use his rubber footwear. (1) If he is going to use the rubber ing major changes: footwear in work essential to the prose­ (1) Obsolete provisions are elimi­ Article II—-How Th is Order Affects the cution of the war, or to the protection nated. Trade of public health or safety, or to the main­ (2) Salvage turn-in is no longer re­ 21 Transfers are not permitted without tenance of mines, and quired. registration. (2) If in his work he is necessarily ex­ (3) All trade supervision is removed 2.2 Establishments must keep inventory. posed to water, snow, mud, spray, splash, from the local Board to the District Of­ 2.3 Transfer on invalid certificate is not - permitted. floor heat, danger of burns or chemicals, fice. 2.4 How to address mail-order shipment. or other similar conditions, to such an (4) The rubber footwear purchase 2.5 What the retailer or distributor does extent that the use of rubber footwear is certificate has been revised and issued with the certificate. necessary Tor his health or safety. in only one simplified part. 2.6 Certificate may be returned to retailer . (b) An employer who wants to get a (5) The old Parts II and III have been or distributor. certificate for rubber footwear for the abolished along with the requirements -2.7 What the manufacturer does with the use of his employees may do so if their listed on them. certificate. 2.8 Supplier may have multiple certificate work is essential under paragraph (a) (6) Consumers may return rubber sub-divided. (1) of this section and if they are ex­ footwear for certificates. 2.9 Replacement certificate may be issued posed to the conditions described in par­ (7) Manufacturers may use certifi­ to retailer or distributor. agraph (a) (2 ) of this section, if the em­ cates to acquire rubber footwear from 2.10 Retailer or distributor may exchange ployer has normally and customarily other establishments. certificate. furnished rubber footwear for the use of (8) Persons in addition to manufac­ 2.11 Retailer or distributor may get in­ turers may get rubber footwear for creased inventory. his employees for their work, and if he testing. 2.12 New establishments may be opened. retains title to the rubber footwear after 2.13 Rubber footwear may be used for test­ the employees leave his employ. How­ (9) Rubber footwear may be acquired ing. certificate-free, for permissible transfer, 2.14 Records must be kept. ever, in case of flood or other public dis­ from establishments whether disposing aster, the board, with the approval of the t>f their rubber footwear line or depart­ Article HI—General Provisions district office, may issue a certificate to ment or their entire assets. TRANSSERS WITHOUT CERTIFICATES -’PERMITTED a person who meets all the requirements (10) The restrictions on issuance of 3.1 Transfer to oarriers, warehouses, or re­ of this paragraph except the one that he type 5 boots only to miners and loggers pair shops is permitted. shall have normally and customarily fur­ have been revoked because of increased 3.2 Transfer of damaged, lost, or stnipn nished rubber footwear to his employees. allocations by the War Production rubber footwear is permitted. 3.3 Transfer by operation of law or for S ec. 1.3 Application is made on Form Board. security proposes is permitted. R-603 Revised. Application shall be (11) Retailers are no longer required 8.4 Rubber footwear may be exported or made on QPA Form R-603 Revised which to keep detailed sales records. imported. 3.5 Rubber footwear may be transferred to shall be filled out in full, giving all the in­ § 1404.1 Rationing of men’s rubber exempt agencies. formation required by the form or which boots and rubber work shoes. Under the 3.6 Transfer of business is permitted. is necessary to show eligibility and need, authority vested in the Office of Price 3.7 Rubber footwear may be exchanged. and shall be signed as directed on the 7386 FEDERAL REGISTER, Thursday, June 3, 1943

form. An individual consumer may ap­ S ec. 1.10 Consumer must give Cer­ (b) No person shall transfer rubber ply for only one pair of rubber footwear. tificate to retailer, (a) To get the rub­ footwear to any establishment until he An employer-consumer may apply for ber footwear permitted by a certificate, has been informed' of its registration one or more pairs of rubber footwear, but a consumer shall give the certificate to number. Every establishment shall give shall make a separate application for the retailer before or at the time he gets its registration number on each order each type. the rubber footwear. for rubber footwear. Sec. 1.4 Non-exempt federal agencies (b) When a consumer wants to get Sec. 2.2 Establishments must keep in­ and the American National Red Cross rubber footwear by mail-order or similar ventory. (a) Every establishment is re­ apply to the National Office. All agencies transaction, he shall send the certificate quired to file with the district office for of the United States, except those listed to the retailer with his order. the area in which it is registered an in­ in section 3.5 (b), and the American Na­ Sec. 1.11 Certificate may be returned ventory on OPA Form R-601A Revised tional Red Cross shall apply directly to to consumer. At the request of a con­ of its supply of rubber footwear (includ­ the Office of Price Administration, Wash­ sumer, a retailer shall immediately re­ ing certificates) and to make such cor­ ington, D. C. or, if non-exempt federal turn a certificate given him by the rections on its inventory as may be re­ agencies, they may apply to the Procure­ consumer unless such retailer has trans­ quired by this order or authorized by the ment Division of the Treasury Depart­ ferred all or, with the consent of the Office of Price Administration. Each es­ ment for transmittal to the Office of consumer, part of the rubber footwear tablishment is also required to keep in Price Administration, Washington, D. C. called for by such certificate or has for­ its own files an accurate copy of its in­ S ec. 1.5 All other consumers apply to warded the certificate with the consent ventory filed under this order. Inventory hoard, (a) An individual consumer shall of the consumer, to a supplier. forms filed under Ration Order 6 shall apply to the board serving the area in Sec. 1.12 Employer-consumer may be deemed to be filed under this order. which he lives but, in case of hardship have multiple certificate subdivided, (a) (b) The original inventory of an or emergency, any board may, in its dis­ An employer-consumer may return to establishment shall classify the rubber cretion, accept and act on his application. the issuing officer a multiple certificate footwear according to the types set forth (b) An employer-consumer shall apply issued to him, and ask for several cer­ in section 3.13 and shall specify the num­ to the board in the area in which his tificates of smaller units in exchange. ber of pairs of each such type. The in­ principal business office is located, but The issuing office may issue to such em­ ventory shall include all rubber footwear in case of hardship or emergency he may ployer-consumer certificates in such rea­ located in the establishment, whether apply to a board for the area where any sonable units as he may need but the or not the person owning the estab­ of his places of business is located. total number of pairs of rubber foot­ lishment owns or has contracted for the (c) A state or local government, or wear called for by the newly-issued cer­ sale and delivery of the rubber footwear, any of its political subdivisions or tificates may not exceed the number of rubber footwear stored in a public or agencies, or the District of Columbia pairs of rubber footwear called for by independent warehouse not an establish­ shall apply to any Board located within the multiple certificate. ment, and rubber footwear transferred the applicant’s jurisdictional area. (b) Each newly-issued certificate shall by the establishment for the purpose of Sec. 1.6 Applicant need not appear in be the same as the multiple certificate repair only. The inventory shall not in­ person. An applicant may get or submit returned except: clude rubber footwear which has been his application in person, by mail, or by (1) As to the number of pairs of rub­ delivered to the establishment for the an agent. However, he may be required ber footwear, and purpose of repair only, or rubber foot­ to furnish more information or proof in . (2) That the newly-issued certificates wear located in a separate establishment. person, by witnesses, or in some other shall be dated as of the date of their The inventory of a manufacturing estab­ way. issuance. lishment shall include all finished rub­ S ec. 1.7 When certificates are issued. Sec. 1.13 Consumer may exchange ber footwear. Every person who owns (a) The issuing office shall issue a cer­ or return rubber footwear. Any con­ more than one establishment and owns tificate only if the applicant proves that sumer may return rubber footwear to the rubber footwear located in a public or he is eligible under section 1.2, and does retailer from whom he got. it and, with independent warehouse not an establish­ not have available for use any adequate the latter’s consent, may get rubber foot­ ment shall include such rubber footwear and appropriate rubber footwear in serv­ wear of the same type in exchange with­ in the inventories of his establishments, iceable condition. out a certificate, or may get back a cer­ allocating such rubber footwear among (b) The certificate issued shall be only tificate if the retailer accepts the rub­ such of his establishments as he selects. for the type of rubber footwear which is ber footwear returned and also refunds S ec. 2.3 Transfer on invalid certifi­ the minimum necessary to satisfy the the full purchase price. cate is not permitted, (a) No person needs of the applicant. Sec. 1.14 Consumer-employer may may transfer rubber footwear at retail S ec. 1.8 Blanks on certificates must let employees use his rubber footwear. for a certificate more than 30 days after be filled in. Each certificate shall per­ A consumer-employer may let his em­ its issuance date, or in a retail mail­ mit the transfer of not more than one ployees use his rubber footwear but must order when the wrapper enclosing the type of rubber footwear, and the other keep title to it. certificate is postmarked more than 30 information called for by the Form shall article n — how this order affects days after its issuance date. No person be completed by the persons indicated the trade shall transfer rubber footwear in any on it. (This part should be read by every­ event if the certificate was issued more Sec. 1.9 Invalid certificates may be one who deals in rubber footwear.) than one year before the proposed replaced, (a) A certificate containing Sec. 2.1 Transfers are not permitted transfer. / omissions, erasures, changes, or clerical without registration, (a) Unless al­ (b) No person shall transfer or receive errors in any part required to be com­ lowed elsewhere in this order, rubber rubber footwear in exchange for a cer­ pleted by the issuing office, or tendered footwear may be acquired only by con­ tificate which is invalid under this order in a sale at retail more than 30 days sumers and registered establishments, or which he knows, or has reason to be­ after issuance shall be invalid* and the and may be transferred only by regis­ lieve, was acquired in violation of this issuing office may not make any correc­ tered establishments. Every establish­ order. tion or change on the certificate. ment registered under this order shall (c) A dealer, distributor or manufac­ (b) At the request of the person to post its certificate of registration so that turer must send his invalid certificates whom it was issued, a certificate which it can clearly be seen by the public. All by registered mail to the district office is invalid for any of the reasons ex­ establishments properly registered under for cancellation, within five days of re­ plained in paragraph (a) of this section, Ration Order 6 shall be deemed to be ceipt of such certificates, or after such may be replaced by the issuing office. registered under this order. certificates become invalid. FEDERAL REGISTER, Thursday, Jane 3, 1943 7387

Sec. 2,4 How to address mail-order tificate he has received for which he {¡he area in which his establishment is shipment. On mail-orders, a retailer completed shipment during the preced­ registered and the application shall be may ship rubber footwear only to the ing calendar month of all the rubber accompanied by the certificates which consumer whose name and address ap­ footwear called for. he wants to exchange. He may use cer­ pears on the certificate. (c> All certificates sent to the Central tificates for exchange only if he may Sec. 2.5 What the retailer or distrib­ Inventory Unit shall be accompanied by validly use them to order stock. He may utor does with the certificate, (a) To the monthly report called for in section not get another exchange within six get the rubber footwear permitted by a 2.14

shoes, hut excluding all men's and boys' out steel toes). All rubber mine pacs P art 1394—R a t io n in g o f F uel and F uel rubber boots and rubber work shoes below and mine bootees and all other rubber size six, all olive drab, clay or khaki colored P roducts above-the-knee height boots, all stacking- footwear of this class laced over the in­ [RO SC,1 Arndt. 52] foot waders, all lumbermen’s overs with step ten inches or more in height. tops other than rubber, and all arctics, (2) Type 6. Pacs, bootees, and work mileage rationing; gasoline regulations gaiters, work rubbers, dress rubbers, clogs, shoes below ten inches in height (with or A rationale accompanying this amend­ and footholds. without steel toes). All rubber work ment, issued simultaneously herewith, “Sale at retail” means a transfer of rubber shoes, pacs, and bootees less than ten has been filed with the Division of the footwear to a consumer, including diverting inches in height. to consumer use rubber footwear held for Federal Register.* sale, transfer, storage, carriage, or repair Effective Bates Ration Order 5C is amended in the whether or not. a change in ownership or following respects: possession results. Sec. 3.14 Ration Order 6 is revoked. “Supplier” means a retailer, distributor, or Ration Order 6A takes the place of and 1. § 1394.8353 is added with a preced­ manufacturer who transfers rubber foot­ revokes Ration Order 6 5, as amended ing centerhead to read as follows: wear to others than consumers. “Transfer” means convert to use, sell, lease, ■(§§ 1404.1 to 1404.71 inclusive) except Reduction of Rations in Critical lend, trade, exchange, give, ship, deliver, that any penalties or liabilities incurred Shortage Areas physically transfer to another in any man­ or any violations which occurred or § 1394.8353 Restrictions on certain ner, or make any transaction involving a rights which arose before the effective change in possession, right, title, or in­ rations and transfers in the restricted terest. date of this order shall be governed by area. Notwithstanding any other provi­ “Worn”, as applied to rubber footwear means Ration Order 6 and its amendments in sions contained in Ration Order No. 5C rubber footwear which has been used as effect at the time the penalties or lia­ the following provisions in respect to footwear so that it cannot reasonably be bilities were incurred, the violations oc­ rations issued for use for passenger auto­ sold as new. curred or the rights arose and shall be mobiles shall be effective in the Re­ (b) Words of the masculine gender treated as still remaining in force for stricted Area from 12:01 a. m., June 2, shall also denote the feminine and neuter the purpose of allowing or sustaining any 1943, until the Office of .Price Adminis­ genders; and words of the singular shall tration, Washington, D. C., otherwise proper action or prosecution with respect directs: also denote the plural and vice versa. to such penalties, liabilities or violations, (c) When any Tight or duty is con­ (a) In the allowance and issuance of ferred or imposed upon an establishment and all administrative exception orders supplemental rations the Board shall by this order it applies to the owner of issued under Ration Order 6 shall have compute the -allowed mileage as pro­ the establishment and vice versa. the same force and effect as though vided in §1394.7704 and, notwithstand­ Sec. 3.13 Rubber footwear is divided issued under Ration Order 6A. ing the reduction in unit value of Class into six types, (a) Rubber boots are This ration order shall became effec­ B and C book coupons, shall issue rations divided into the four types listed below tive June 5, 1943. based on such allowed mileage in accord­ and are typically worn instead of shoes ance with Table IA or IIA in § 1394.7705, and typically without laces, though oc­ Note: All reporting and record-keeping re­ as the case may be. casionally worn over a shoe or slipper quirements of this order, have been approved (b) In the allowance and issuance of by the Bureau of the Budget in accordance fleet or official rations or a ration issued and partially laced. (All measurements with the federal Reports Act of 4942. in this section are along the back of the pursuant tD § 1394i7757 or § 1394.7758 the boot and include the heel.) Issued this 1st day of June 1943. Board shall compute the allowed mileage (1) Typel. Hip height boots (with or G e o r g e J . B u r k e , as provided iin i 1394.7754 and, notwith­ without steel toes).. All body ¡hip, and Acting Administrator. standing the reduction in unit value of thigh (crotch-height) boots and sport­ Class B and C book coupons, shall issue IF. R. Doc. 43-8940; Filed, June 1, 1943; rations based on such allowed mileage in ing boots of similar heights. 5:16 p. m.j (2) Type 2. Above-knee height boots accordance with Table IA or HA in (with or without steel toes), All Storm § 1394.7705, as the case may be. King boots and all other over-the-knee (c) When renewing a supplemental, fleet or official ration, or a ration pursu­ height but below hip or below thigh P art 1404—R ationing of F ootwear (crotch-height) boots. ant to the provisions of § 1394.7757 or (3) Type 3. Below-knee height heavy [RO 6] § 1394.7758 the Board shall not allow boots (with or without steel toes). All men’s rubber boots and rubber work mileage or issue a ration which will in industrial short boots and all other boots SHOES, ORDER OF REVOCATION any way compensate far any loss in of below-the-knee height except light mileage due to the reduction in the unit and medium-weight boots classified in Ration Order 6 (§§ 1404.1 to 1404.71, value of Class B and C book coupons Type 4. inclusive) is hereby revoked, except that made June 2, 1943. (4) Type 4. Below-knee height light any violations which occurred, or rights (d) No Board shall issue any further boots (without steel toes). All light and or liabilities which arose before the ef­ rations pursuant to §§ 1394.7052 or medium-weight short boots, including fective date of this order shall be gov­ 1394.8053 to compensate for mileage lost those manufactured according to speci­ erned by Ration Order 6 and its amend­ by reason of reduction in the unit value fications of the War Production Board ments in effect at the time the violations of Class B or C book coupons made June for the manufacture of civilian rub­ occurred or the rights or liabilities arose. 2,1943. ber footwear (War Production Board This order of revocation shall become (e) No additional mileage shall be al­ Supplementary Order M-15-b-l, as effective June 5, 1943. lowed pursuant to the provisions of amended4) farm-weight boots, over-the- (Pub. haw 671, 76th Cong.; Pub. Laws § 1394.7707, and upon the renewal of any shoe boots, and all other light-weight 89, 507 and 421, 77th Cong.; W.P.B. Dir. ration which has been issued pursuant to constructions of this height. No. 1, 7 F.R. 562,. Supp. Dir. No. 1-N, that section no mileage shall be allowed (b) Rubber pacs, bootees, and work 7 F.R. 7730; E.O. 9125, 7 F.R. 2719) shoes are divided into the two types •Copies may be obtained from the Office of listed below and are worn instead of Issued this 1st day of June 1943. Price Administration. shoes, typically laced, over the instep, G eorge J. B urke, *7 FR.* 9135, 9787, 10147, . 10016, 10110, and are below-the-knee in height. Acting Administrator. 10338, 10706, 10786, 10787,11009, 11070; 8 F.R. 179, 274, 369, 372, 607, 565, 1028, 1202, 1203, (1) Type 5. Pacs and bootees, ten [F. R. Doc. 43-8947; Filed, June 1, 1943; 1365, 1282, 1366, 1318, 1588, 1813, 1895, 2098, inches or more in height (with or with- 5:17 p. m<] 2213, 2288, 2353, 2431, 2595, 2780, 2720, 3096, 3261, 3253, 3255, 3254, 3315, 3616, 4189, 4341, 4 7 F.R. 967, 2344, 2345, 2346, 2449, 2595, 2782, ®7 F.R. 7749, 7967, 8363, 8809, 9084, 9736, 4850, 4976, 5267, 5268, 5486, 5564, 5756, 6261, 8389, 4448, 5019, 5296, 5592, 5603. 10581, 10781; 8 F.R. 548, 1892, 5317. 6179, 6441. FEDERAL REGISTER, Thursday, June 3, 1943 7391 in excess of an average of 360 miles per P art 1394—R ationing of F uel and F uel Restriction Order 4 is amended in the month. P roducts following respects: (f) No rations shall be issued pursuant [RO 5C,1 Arndt. 5 to Supp. 1] 1. Section 1407.5009 (b) (1) and (2) to §§ 1394.7853 and 1394.7854, for travel are amended to read as follows: MILEAGE RATIONING, GASOLINE REGULATIONS on pass, leave or furlough. (1) Lard—y> pound during a calendar (g) Every dealer who has in his pos­ Supplement 1 to Ration Order 5C is session any Class B or C book coupons week of any quota period. amended in the following respects: (2) Rice—6 pounds during a calendar which he has received before June 2, 1. Section 1394.8401 (a) (1) (i) is week of any quota period. 1943, in exchange for valid transfers of amended by substituting a comma for gasoline made in the Restricted Area, the final period and adding the following 2. Section 1407.5009 (c) (1) is amend­ shall surrender such coupons before provision: “except that within the Re­ ed by deleting the phrase “thirteen dol­ JUne 9, 1943, either to a distributor in stricted Area Class B and C book coupons lars and thirty-three cents ($13.33)” exchange for a valid transfer of gasoline shall have a value of two and one-half before the phrase “of the dollar value or summarized on Form OPA R-541, to gallons of gasoline.” of rice” and by inserting in its place the the Board having jurisdiction over the 2. Section 1394.8401 (a) (1) (iii) is phrase “six dollars and sixty-seven cents area in which his place of business is added to read as follows: ($6.67).” located. The Board shall issue to the 3. Section 1407.5009 (c) (2) is amend­ dealer in exchange for such coupons in­ (iii) “Restricted area” means the ed by deleting the phrase “one and ventory coupons equal in gallonage value States of Connecticut, Delaware, Maine, three-fourths (1% )” before the phrase to the coupons so surrendered. After Maryland, Massachusetts, New Hamp­ “pounds of lard” and by inserting in its June*8,1943, no distributor shall accept shire, New Jersey, New York, Pennsyl­ place the phrase “three and one-half from any dealer or distributor located in vania (except the portions which lie (3y2) ”. the Restricted Area any Class B or C within the corporate limits of the Cities 4. Section 1407.5009 (d) (1) is amend­ book coupons originally accepted in ex­ of Sharon, Sharpsville, Farrell and ed by deleting the phrase “twenty dol­ change for a transfer of gasoline to a Wheatland), Rhode Island, Vermont, lars ($20.00) ” before the phrase “of the consumer before June 2, 1943. Virginia (except the portions which lie dollar value of rice” and by inserting in (h) On and after June 2,1943,.but not within the corporate limits of the Cities its place the phrase “six dollars and later than June 21, 1943, every distribu­ of Bristol and Bluefield), and the District sixty-seven cents ($6.67)”. tor who has in his possession or control of Columbia and the portion of the State 5. Section 1407.5009 (d) (2) is amend­ Class B or C book coupons received by of West Virginia which lies within and ed by deleting the phrase “one and three- him in exchange for transfers of gasoline east of the counties of Mineral, Grant fourths (1%) ” before the phrase “pounds made within the Restricted Area at a and Pendleton. of lard” and by inserting in its place time when such coupons had, at the place This amendment shall become effective the phrase “three and one-half (3%) ”. of transfer, a value of three gallons of at 12:01 a. m. on June 2, 1943, and shall This amendment shall become effec­ gasoline each, shall list all such coupons continue in full force and effect until tive on May 17, 1943 at 8:00 a. m. on a separate deposit slip and deposit amended by the further order or direc­ them for »credit at a value of three gal­ tion of the Office of Price Administration. (Pub. Laws 671, 76th Cong., as amended lons each, in appropriate ration bank by Pub. Laws 89 and 507, 77th Cong., (Pub. Law 671, 76th Cong.; as amended W.P.B. Dir. No. 1, Pub. Laws 421 and 729, accounts maintained by him. by Pub. Laws 89, 421 and 507, 77th Cong.; 77th Cong., E.O. 9250, 7 F.R. 7671, Supp. (i) The term “Restricted area” means W.P.B. Dir. No. 1, Supp. Dir. No. 1, 7 F.R. Dir. No. 1-J, 7 F.R. 8831. E.O. 9280, 7 F.A. the States of Connecticut, Delaware, 562, 9121; E.O. 9125, 7 F.R. 2719) 10179, F.D. No. 3, 8 F.R. 2005) Maine, Maryland, Massachusetts, New Issued this 1st day of June 1943. Issued this 17th day of May 1943. Hampshire, New Jersey, New York, eorge urke G J. B , J ames P. D avis, Pennsylvania (except the portions which Acting Administrator. Acting Director, lie within the corporate limits of the [F. R. Doc. 43-8946; Filed, June 1, 1943; Office of Price Administration Cities of Sharon, Sharpsville, Farrell and 5:15 p. m.] for Puerto Rico. Wheatland), Rhode Island, Vermont, [F. R. Doc. 43-8929; Filed, June 1, 1943; Virginia (except the portions which lie 4:11 p. m.] within the corporate limits of the Cities of Bristol and Bluefield), and the Dis­ P art 1407—R ationing of F ood and F ood P art 1439—U nprocessed A gricultural trict of Columbia and the portion of the P roducts Commodities State of West Virginia which lies within [Restriction Order 4,2 Arndt. 5] [MPR 376,1 Arndt. 1] and east of the counties of Mineral, LARD AND RICE IN PUERTO RICO CERTAIN FRESH FRUITS AND VEGETABLES Grant and Pendleton. A rationale accompanying this amend­ A statement of the considerations in­ This amendment shall become effec­ ment, issued simultaneously herewith, volved in the issuance of this amend­ tive 12:01 a. m., June 2, 1943. has been filed with the Division of the ment, issued simultaneously herewith, Federal Register.* has been filed with the Division of the (Pub. Law 671, 76th Cong.; as amended Federal Register.* by Pub. Laws 89, 421, 507, 77th Cong.; »Copies may be obtained from the Office of Maximum Price Regulation No. 376 is Price Administration. W.P.B. Dir. No. 1, Supp. Dir. No. IQ, *7 F.R. 9135, 9787, 10147, 10016, 10110, amended in the following respects: 7 F.R. 562, 9121; E.O. 9125, 7 F.R. 2719) 10338, 10706, 10786, 10787, 11009, 11070; 8 F.R. 1. Section 5 (b) is amended to read as follows: Issued this 1st day of June 1943. 179, 274, 369, 372, 607, 565, 1028, 1202, 1203, 1365, 1282, 1366, 1318, 1588, 1813, 1895, 2098, (b) Sales and deliveries by a farmer G eorge J. B urke, 2213, 2288, 2353, 2431, 2595, 2780, 2720, 3096, Acting Administrator. 3261, 3253, 3255, 3254, 3315, 3616, 4189, 4341, of any listed commodity grown on his 4850, 4976, 5267, 5268, 5486, 5564, 5756’, 6261, farm to a country shipper. This regula- [P. R. Doc. 43-8945; Filed, June 1, 1943; 6179, 6441. 5:15 p. m.] * 8 F.R. 3417, 4190, 5987, 5988, 6274. » 8 F.R. 5810. 7392 FEDERAL REGISTER, Thursday, June 3, 1943

tion shall apply to any sales and deliv­ no person shall offer, solicit, or attempt P art 1439—U nprocessed Agricultural eries by a farmer directly to wholesalers, to do any of the foregoing. Commodities retailers, and commercial, industrial and (21) On and after May 27, 1943, re­ institutional users, except sales and de­ gardless of any contract, agreement, [MPR 397,1 Arndt. 1] liveries to processors, such as but not lease or. other obligation, or of any price FLAXSEED limited to, canners, packers, manufac­ regulation heretofore issued, no person A statement of the considerations in­ turers or dehydrators. shall sell or deliver, and no person in volved in the issuance of this amend­ 2. Section 12 is amended to read as the course of trade or business shall buy ment, issued simultaneously herewith, .follows: or receive soda crackers or vanilla crack­ has been filed with the Division of the Sec. 12 Geographical applicability. ers listed and described in § 1418.14 (hh), Federal Register.* The provisions of this regulation shall Table XXIX in the Territory of Puerto Maximum Price Regulation 397 is be applicable to the forty-eight states of Rico at prices higher than the maxi­ amended in the following respects: the United States and the District of mum prices set forth in § 1418.14 (hh), 1. Section 3 is amended to read as Columbia. Table XXIX, and no person shall offer, follows: solicit, or attempt to do any of the fore­ This amendment shall become effective going. S ec. 3 Applicability. This regulation June 7,1943. applies to all sales and deliveries within 2. Section 1418.11 (a) (52) is added to the forty-eight states and the District (Pub. Laws 421 and 729, 77th Cong.; E.O. read as follows: 9250, 7 FR. 7871; E.O. 9328, FR. 4681) of Columbia of domestic and imported 8 (52) “Imported soda crackers” means flaxseed, except flaxseed sold and used Issued this 1st day of June 1943. crackers imported into the Territory of for planting a 1943 and 1944 crop, and G eorge J. B urke, Puerto Rico from the continental United medicinal and food purposes. Acting Administrator. States. .2. Section 5 (a) (3) is amended to read Approved: May 25,1943. 3. Section 1418.14 Os) Table XVm is as follows: J esse W. T app, amended by deleting the words “canned (3) At interior points, on track, shall Acting War Food Administrator. Vienna sausage” in the title and substi­ be the maximum price at that basing tuting the words “certain sausage”. point mentioned in subparagraph ( ) [F. R. Doc. 43-8938; Filed, June 1, 1943; 1 5:18 p. m.] 4. Section 1418.14 (s) (1) is amended which less rail freight charges from said ■by deleting the words “canned Vienna interior point to said basing point and sausage” and substituting the words less 3 cents per net bushel handling “certain sausage”. charges at the terminal basing point will P art 1418—T erritories and P ossessions 5. Section 1418.14 (s) Table XVIII is give the highest maximum price at said [MPR 183,1 Arndt. 37] amended by adding two items to the interior point. This amendment shall become effec­ PUERTO RICO category ‘Dry sausages originating in the United States”, to read as follows: tive June 1,1943. A statement of the considerations in­ (Pub. Laws 421 and 729, 77th Cong.; E.O. volved in the issuance of this amend­ Sales to Sales at 9250, 7 F.R. 7871 and ED. 9328, 8 FR. ment, issued simultaneously herewith, ••whole­ 'Whole­ Sales at 4681.) has been filed with the Division of the salers sale retail Federal Register.* Issued this 1st day of June 1943. Maximum Price Regulation No. 183 is Dry sausages originat­ G eorge J . Burke, ing in the United amended in the following respects^ States: Pound Pound Pound Acting Administrator. 1. Sections 1418.1 (a) (12) and (21) * «♦ * •* $0.475 $0.55 $0.72 Approved: are amended to read as follows: G otenhnrg...... 475 .55 .72 J esse W. T app, (12) On and after May 8, 1§43, re­ Acting War Food Administrator. gardless of any contract, agreement, 6. The brands listed in Table XXIX [F. R. Doc. 43-8930; Filed, June 1, 1943; lease or other obligation, or of any price of § 1418.14 (hh) are incorporated under 4:11 p. m.] regulation heretofore issued, no person a new category 1 and a new category 2, shall sell or deliver, and no person in is added, all to read as follows : the course of trade or business, shall Chapter XIII—Petroleum Administration buy or receive wheat flour, laundry soap, for War To toilet soap and soap chips listed or de­ To re­ [PAO 7 as Amended June 1, 1943] Con­ whole­ At scribed in § 1418.14 (q), Table XVI and salers tailers retail tainer, (per P art 1545—P etroleum Supply § 1418.14 (r), Table XVII in the Terri­ type and (per dozen (per size dozen con­ tory of Puerto Rico at prices higher than con­ con- t tainer) Section 1545.3 Petroleum Administra­ the maximum prices set forth in § 1418.- tainers) tainers) tive Order 7 is hereby amended to read 14 (q), Table XVI and § 1418.14 (r), Table as follows: XVII; and no person shall offer, solicit 1. Locally pro­ duced, soda (a) Definitions. (1) “Person” means or attempt to do any of the foregoing. crackers and va­ any individual, partnership, association, On and after May 27, 1943, regardless nilla crackers. business trust, corporation, govern­ 'of any contract, agreement, lease or ■ ft * * mental corporation or agency, or any other obligation, or of any price regu­ 2. Imported soda organized group of persons, whether in­ lation heretofore issued, no person shall crackers: corporated or not. sell or deliver, and no person in the National__ _ 5 lb. tin . $13.50 $14.60 $1.40 (2) “Motor fuel” means liquid fuel, course of trade or business shall buy or except Diesel fuel, used for the propul­ receive certain sausage listed and de­ This amendment shall become effec­ sion of motor vehicles or motor boats scribed in § 1418.14 (s), Table XVIII, in tive as of May 27, 1943. and shall include any liquid fuel to the Territory of Puerto Rico at prices which Federal gasoline taxes apply higher~ than the maximum prices set (Pub. Laws 421 and 729, 77th Cong.; E.O. except liquid fuel used for the propulsion forth in U418.14 (s), Table XVIII; and 9250, 7 F.R. 7871) of 8iircr8ift Issued this 1st day of June 1943. (3) “District One” means the States ♦Copies may be obtained from the Office of G eorge J. Burke, of Maine, New Hampshire, Vermont, Price Administration. Acting Administrator. Massachusetts, Connecticut, Rhode 18 FR . 4122, 4351, 4781, 4788, 5486, 5739, Island, New York, Pennsylvania, New 5742, 5819, 6000, 6001, 6139, 6359, 6646, 6614, IF. R. Doc. 48-8941; Filed, June 1, 1943; 6621, 6964. 5:17 p. m.J * 8 FR. 6840. FEDERAL REGISTER, Thursday, June 3, 1943 7393 Jersey, Delaware, Maryland, Virginia, material under priority control, or such are not, and that they shall not be made, West Virginia, North Carolina, South other action may be taken as is deemed subports of entry for foreign vessels of Carolina, Georgia, and Florida, and the appropriate. commerce, and that said harbors shall District of Columbia. (f) Effective date. This order shall not be visited by any commercial or pri­ (4) “District Two” means the States continue in effect until revoked. vately owned vessel of foreign registry; of Ohio, Kentucky, Tennessee, Michigan, (E.O. 9276, 7 F.R. 10091; E.O. 9125, 7 F.R. nor by any foreign national vessel, ex­ Indiana, Wisconsin, Illinois, Minnesota, 2719; sec. 2 (a), Pub. Law 671, 76th Cong., cept by special authority of the United Iowa, Missouri, North Dakota, South as amended by Pub. Laws 89 and 507, States Navy Department in each case. Dakota, Nebraska, Kansas, and Okla­ 77th Cong.) (E.O. 1613, Sept. 23, 1912) homa. (b) The air space over each of the (5) “District Three” means the States Issued this 1st day of June 1943. harbors named in paragraph (a) is re­ of Alabama, Mississippi, Arkansas, R . K. D avies, served and set aside for governmental Louisiana, Texas, and New Mexico. Deputy Petroleum purposes as a prohibited area within (6) “Zone 6” means the Statés of West Administrator for War. which civil aircraft are not authorized Virginia, New York, and Pennsylvania, to be navigated. At no time shall civil except the entire eastern part of the [F. R. Doc. 43-8960; Filed, June 2, 1943; aircraft of any kind be navigated within State of New York up to and including 11:13 a. m.] the air space reservations above defined the Counties of Cayuga, Tompkins, and except by special authority of the United Chemung and the entire eastern part of States Navy Department in each case. the State of Pennsylvania up to and in­ Navigation of aircraft within such air cluding the Counties of Bradford, Sulli­ TITLE 34—NAVY space reservations otherwise than in van, Columbia, Montour, Northumber­ Chapter I—Department of the Navy conformity with this order shall be sub­ land, Dauphin, and York. ject to the penalties provided by section (b) Prohibited movement of motor P art 1— G eneral R egulations Affecting 11 of the “Air Commerce Act of 1926” fuel.- (1) No person may deliver or the P ublic (49 Stat. 574; 49 U.S.C. 181). (E.O. 5281, otherwise supply, directly or indirectly, Part 1, Chapter I, Title 34, is hereby Feb. 17, 1930; E.O. 7138, Aug. 12, 1935) motor fuel by barge from within District amended and revised to read as follows: (c) For the proper control, protec­ Three to any person in Zone 6 and no Sec. tion, and defense of the naval station, person within Zone 6 may accept a barge 1.78 Naval harbors closed to foreign ves­ harbor, and entrance channel at Pearl delivery of motor fuel from within Dis­ sels. Harbor, Territory of Hawaii, the Secre­ trict Three, except the delivery by barge 1.118 Alcoholic liquors. tary of the Navy is authorized, empow­ of motor fuel from within District Three 1.124 Authority to photograph naval sub­ ered, and directed to adopt and prescribe to Zone 6 for transshipment from Zone 6 jects. • suitable rules and regulations governing to any point in District One outside of 1.128 Reciprocal visits to commercial plants the navigation, movement, and anchor­ Zone 6. by nationals of the United States age of vessels of whatsoever character in and Canada. (2) No person may deliver or other­ 1.165 Merchant crews. the waters of Pearl Harbor, Island of wise supply, directly or indirectly, motor 1.397 Conditions precedent to furnishing Oahu, Hawaiian Islands, and in the en­ fuel by barge from any point within the information of service in Navy. trance channel to said harbor, and to State of Pennsylvania to any point 1.1515 Observance of laws. take all necessary measures for the within the State of West Virginia, and 1.1545 Visitors on vessels under construc­ proper enforcement of such rules and no person within the State of West Vir­ tion. regulations. (37 Stat. 341 ; 33 Ü.S.C. 475) ginia may accept a barge delivery of 1.1552 Defense of Pearl Harbor. [Pars. 1, 2, 4] (See § 1.1552) motor fuel from within the State of 1.1697 Deserters; rewards. Pennsylvania. 1.1706 Deserters; accomplices. § 1.118 Alcoholic liquors. The intro­ (3) No person may deliver or other­ 1.1995 Work at Navy yards and stations for duction, possession, or use of alcoholic private parties. liquors for drinking purposes or for sale wise supply, directly or indirectly, motor 1.1996 Rules for docking private vessels at fuel by barge from within District Two Navy yards. is prohibited within navy yards, marine to any person in the State of West Vir­ 1.3000 Insignia to be worn on uniform by barracks, naval stations, and other places ginia, and no person within the State of persons nq£ in service; definition ashore under the jurisdiction of the West Virginia may accept a barge de­ of “occasion of ceremony.” Navy Department which are located in livery of motor fuel from within District 1.3001 Public exhibit of naval material. States, Territories, or insular possessions Two. 1.3002 Commercial advertising. in which the possession or use of such (c) Directed deliveries. The Petro­ 1.3003 San Clemente Island Naval Defensive liquors for drinking purposes is not per­ Sea Area. mitted by law. [Par. 2] leum Administrator for War may from 1.3004 Mail transportation in Navy planes. time to time issue directions to any per­ 1.3005 Photographs of naval subjects. § 1.124 Authority to photograph naval son with respect to the delivery of motor 1.3006 Photographs and sketches of military subjects. The making, for other than fuel from within District Two or Dis­ or naval subjects. official use, of photographs, photographic trict Three to District One. 1.7202 Outside competition; restrictions. plates or films, or moving-picture films (d) Appeals. Any person affected by 1.7203 Admission fees and restrictions. 1.7501 Relations with civil activities. of naval vessels or parts thereof ; of navy this order who considers that compliance yards and stations, or of any establish­ therewith would work an exceptional Authority : §§ 1.78 to 1.7501, inclusive, is­ ments under the jurisdiction of the and unreasonable hardship upon him sued under the authority contained in R.S. Navy; or of any device belonging to the may appeal to the Petroleum Adminis­ 1547; 34 U.S.C. 591. (Exceptions are noted ip Navy or intended for use thereof, shall trator for War. Such appeal shall be parentheses following portions affected). be governed by such detailed instructions filed in quadruplicate and shall be ad­ Note: In §§ 1.78 to 1.124, and 1.165 to as may be issued by general order. [Par. dressed to the Director of Transporta­ 1.1996, inclusive, the numbers to the right 1] (See §§ 1.3005-1.3006) tion, Interior Building, Washington, of the decimal point correspond with the D. C., Ref: PAO 7. respective article numbers in United States § 1.128 Reciprocal visits to commer­ Navy Regulations, Navy Department, Dec. 17, cial plants by nationals of the United (e) Violations. Any person who wil­ 1920, as amended to May 15, 1943. fully violates any provision of this or­ States and Canada, (a) The Joint War der, or who, by any act or omission, § 1.78 NCCbal harbors closed to for­ Production Committee of Canada and the falsifies records kept or information fur­ eign vessels, (a) Hr has been ordered United States has recommended to the nished in connection with this order is that the following-named harbors: President of the United States and to the guilty of a crime and upon conviction Great Harbor, Culebra; Prime Minister of Canada a policy for may be punished by fine or imprison­ Quantanamo Naval Station, Cuba; the facilitation of war production of the ment. Pearl Harbor, Hawaii; two countries. The aforesaid policy in­ Any person who wilfully violates any Guam; cluded the following statements; ' provision of this order may be pro­ Subic Bay, Philippine Islands; (1) That administration barriers and hibited from delivering or receiving any Kiska, Aleutian Islands; other regulations or restrictions of any 7394 FEDERAL REGISTER, Thur&day, June 3, 1943

character which prohibit, prevent, delay, (f) The policy announced in para­ § 1.1545 Visitors on vessels under con­ or otherwise impede the free flow of nec­ graphs (a) and (b) is founded upon an struction. (a) No visitors shall be al­ essary munitions and war supplies be­ agreement of mutual cooperation for a lowed to go on board vessels of the Navy tween the two countries should be sus­ common purpose. The benefits to be de­ under construction except by the per­ pended or otherwise eliminated for the rived therefrom are intended to be bi­ mission of the senior naval officer pres­ duration of the war; lateral and reciprocal. To insure these ent; and no such permission shall be (2) That the two Governments should advantages in converse the Canadian given to any one not known to be an take all measures necessary for the full­ Government, . contemporaneously, is American citizen of good standing and est implementation of the foregoing adopting a policy, comparable to that repute. principles. herein established, for the administra­ (b) Visitors representing foreign gov­ (b) The President of the United States tion of visits of United States citizens to ernments, or known to be other than has approved the above-mentioned pol­ Canadian plants. American citizens, shall not be permitted icy and has requested that affected de­ ,§. 1.165 Merchant crews. Vessels un­ to visit such vessels except by authority partments and agencies of the Govern­ of the Chief of Naval Operations (Office ment of the United States abide by the der the jurisdiction of the Navy in for­ eign ports having merchant crews are of Naval Intelligence); and they shall in letter and spirit of such policy so far all cases be accompanied by a naval offi­ as lies within their power. amenable to navigation laws. Crews must be shipped and discharged before cer on duty at the navy yard or works (c) The prevailing restrictions upon where the vessel is building. visits of Canadian nationals to domestic consuls and papers deposited with con­ commercial plants are considered to be suls, except in those cases where an­ .§ 1.1552 Defense of Pearl Harbor, (a) burdensome and to constitute anjfiipedi- ticipated orders for prompt movement The area of water in Pearl Harbor, Is­ ment to the progress of the joint war pro­ makes this course undesirable, in which land of Oahu, Territory of Hawaii, lying duction of the Governments of the United case the consul is to be notified. between extreme high-water mark and States and Canada. Imperative inspec­ N ote : For regulations of the Department of the sea, and in and about the entrance tions, technical discussions, exchange of State concerning merchant vessels and sea- channel to said harbor, within an- area ideas and manufacturing processes, etc., men, see 22 CFR Parts 80-86, as amended. bounded by the extreme high-water must not be encumbered by delay, for­ § 1.397 Conditions precedent to fur­ mark, a line bearing south true from the malities, and the inconvenience which nishing information of service in Navy. southwestern corner of the Puuloa Naval foreign nationality necessarily evokes. No information shall be furnished from Reservation, a line bearing south true (d) Accordingly, effective March 1, the records of the Navy Department to from Ahua Point lighthouse, and a line 1943, and for the duration of the war, attorneys or agents concerning the na­ bearing west true from a point three Canadian nationals will be considered as val service of officers or enlisted men of nautical miles due south true from Ahua and accorded the same privileges as citi­ the Navy, until such attorneys or agents Point Lighthouse, has been established zens of the United States with respect to shall file a power of attorney in the De­ as a defense sea area for purposes of na­ the matter of visits to commercial manu­ partment, showing that they have au­ tional defense and no persons (other facturing plants, or government owned thority from the person whose record is than persons on public vessels of the privately operated plants, engaged upon desired, or his legal representatives, to United States) are permitted to enter naval work or equipment. For the pur­ request such information, and shall also this defensive sea area and no vessels or poses herein provided, Canadian nation­ file a statement of the purpose for which other craft (other than public vessels of als are intended to mean Canadian citi­ such information is desired, If such the United States) are permitted to zens or British subjects permanently re­ statement be deemed satisfactory to the navigate in this area, except by authority siding in Canada, who are representa­ Department, the information will be fur­ of the Secretary of the Navy. (E.O. tives of Canadian manufacturing plants nished, provided the attorney or agent 8143, May 26, 1939; 4 F.R. 2179) or who represent agencies controlled by submits to the Department the same (b) For the purpose of acting on re­ the Canadian Government. proof of the identity of the person or quests of vessels registered, enrolled, or (e) Article 128, U. S. Navy Regula­ persons he represents as is required licensed under the laws of the United tions, is hereby modified, to be effective when the application for such informa­ States, whose normal legitimate business upon the date previously mentioned and tion is made by the person or persons requires entry into Pearl Harbor, the for the duration of the war, to the ex­ themselves. Commandant, Fourteenth Naval District tent that applications for visits of such is designated as the representative of the Canadian nationals need not be sub­ § 1.1515 Observance of laws, (a) The Secretary of the Navy, with authority to mitted to, nor authority required from, commandant or commanding officer of act on such requests. the Navy Department. Such visits shall, any naval station or other naval reser­ (c) The Commandant of the Navy on and after the date specified, be ad­ vation situated within the limits of any Yard, Pearl Harbor, is responsible for ministered within the jurisdiction of State, Territory, or District, which has prescribing and enforcing such rules and the Naval Inspection Service. Upon be­ been acquired by the United States regulations as may be necessary for in­ ing assured that the visits are for a through purchase or otherwise for naval suring security and for governing the purpose essential to maximum produc­ purposes, and over which the United navigation, movements, and anchorage tion or to the prosecution of the war, and States has exclusive jurisdiction, shall of vessels in the waters of Pearl Harbor upon presentation of proper identifica­ require all persons within the limits of and in the entrance channel .thereto. tion, i. e., passport, employee’s identi­ such stations or reservations strictly to § L1697 Deserters; rewards.1 (a) fication card, or other satisfactory evi­ observe all existing Federal laws, includ­ ing the penal laws creating offenses not When a person has been absent without dence, Naval Inspectors may exercise the authority for more than 24 hours and has same latitude of discretion in the matter otherwise covered by any act of Con­ not communicated with his commanding of visits by Canadian nationals as they gress, of the State, Territory, or District officer, giving reasons for his absence, a now apply to visits of citizens of the wherein the station is located in effect reward not exceeding $25 shall be offered United States. In acknowledgment of on April 1,1935, and remaining in effect, by the commanding officer for the de­ the primary responsibility of contrac­ which have been adopted as Federal laws livery of the straggler into the custody of tors for the security of naval production by section 289 of the United States Crim­ the naval authorities at such place and within their plants, the decision of inal Code. whether or not such a visit will be per­ within such time as may be prescribed in (b) Persons not in the naval service general or specific instructions issued by mitted shall continue to be subject to who commit offenses within the limits the determination of the respective con­ the Bureau of Naval Personnel or in case tractor. Except in cases of emergency, of such station or reservation, including where time does not allow for corre­ the offenses contemplated by section 289 1 There is no law specifically authorizing spondence, applications for visits by Ca­ of the United States Criminal Code, are a reward for apprehension and delivery of subject to trial in the United States Dis­ stragglers and deserters. There has been for nadian nationals should be directed to years an appropriation for expenses of such the company whose plant is to be visited trict Court for the district in which the apprehension. In the absence of lav.7, the reg­ within a reasonable time in advance of station is situated. (49 Stat. 394; 18 ulations approved by the President have the the proposed visit. U.S.C. 463) [Pars. 1, 3] effect of law. FEDERAL REGISTER, Thursday, June 3, 1943 7395 of a marine, by the Commandant, U. S. payable to the order of the disbursing labor, direct material, a tool rate or Marine Corps. officer. When this money is received by rental as per schedule in existence at the (b) When a person is declared a de­ the disbursing officer of the yard he shall navy yard or station concerned, and a serter, a reward not exceeding $50 shall immediately take up the total amount on surcharge of 35 percent of direct labor. be offered for the apprehension and de­ his books under “General account of ad­ The amount of this surcharge will be livery of such deserter into the custody of vances”, accounting for it in the same deposited in the Treasury to the credit naval authorities, under such instruc­ manner as he does all other funds re­ of “Miscellaneous receipts.” tions as may be issued by the Bureau of ceived. After the work has been com­ Note: Where labor is performed, under any Naval Personnel or, in case of a marine, pleted and the amount required to be of the classes outlined in (1), (2), or (3), by by the Commandant, U. S. Marine Corps. deposited in the Treasury for final settle­ employees carried on the yard rolls in shops (c) Rewards paid for delivery of a de­ ment determined, any balance of the or sections where no expense rate is in use, an serter or straggler, in no case exceeding special deposit remaining in the hands additional surcharge of 50 percent of the $50 or $25, respectively, shall be checked of the disbursing officer shall be returned direct labor shall be added. against the accounts of such deserter or by check to the party making the de­ (4) Work at the experimental model straggler, and shall be in full satisfaction posit. In case of an emergency, where basin. No change will be made in the of all expenses for arresting and keeping the commandant deems it absolutely existing practice for the charge on this and delivering such deserter or straggler, necessary, work of this character may class of work. This class of work will be other than the expense of telegraphing. be commenced under a job order issued charged with the cost of direct labor, In extraordinary cases where, by reason under an appropriation; but immediate direct material, and an overhead rate of of the distance to be traveled, the steps will be taken to obtain a deposit, 60 percent of the direct labor. amount of such reward will not com­ and upon its receipt a return to the (5) Docking work. No change will be pensate, transportation may be fur­ special-deposit system shall be made. made in the existing instructions cover­ nished upon the order of the Bureau of (c) In cases where the work is done ing charges for this class of work. Naval Personnel or the Commandant, U. by the Government on account of con­ (e) It is to be understood that the use S. Marine Corps, as the case may be, to tractors for new vessels, and which is of yard or station facilities for the work the civil officer from the place of arrest covered by special reservations for the in question will be permitted only when to the place of delivery, and the return purpose, the work shall be done on job available, and in all cases their opera­ of such officer, in addition to the reward orders under the appropriations con­ tion will be by the regular navy yard or of $50 or $25, as the case may be. cerned and the cost deducted from the station employees. In doubtful cases the voucher in final settlement, and special question as to which method of charging § 1.1706 Deserters; accomplices. deposits will not be required. should be employed will be decided by the Every person who entices or aids any (d) All work done for private parties commandant. Private parties may like­ person in the naval service to desert, or will be divided into five classes and wise be permitted the use of yard electric who harbors or conceals any such person, charged for as follows: current, compressed air, pressure water, knowing him to be a deserter, or who re­ (1) Work in connection with which and steam for operating apparatus of fuses to give up such person on the de­ the estimated material charge is less their own. Where metering is impos­ mand of any officer authorized to receive than 50 percent of the estimated labor. sible a tool-hour charge will be made, him, is liable to punishment by impris­ At industrial yards this class of work based on schedule in force or arrived at onment and fine, to be enforced in any will bear such charges as may be spe­ by agreement. Private parties will not court of the United States having juris­ cifically required by the accounting in­ ordinarily be permitted the use of yard diction. (Sec. 42, 35 Stat. 1097; 18 structions in force. At nonindustrial hand tools or yard hand-power tools; U.S.C. 94) yards this class of work will be charged where, under exceptional conditions, they § 1.1995 Work at Navy yards and sta­ with direct labor, direct material, and a are permitted the use of such tools, par­ tions for private parties, (a) No work surcharge equal to 35 percent of the di­ ticularly of electric or pneumatic hand- shall be done by the Government force rect labor. The amount of this sur­ power tools, charges therefor will be at a navy yard or station for private charge will be deposited in the Treasury made as for appliances, and tools per individual or corporations except by au­ to the credit of “Miscellaneous receipts.” schedule in force, a separate charge for thority of the Secretary of the Navy ( 2 ) Work in connection with which the each tool; electric current or compressed upon an application specifying the na­ estimated charge for material is more air for hand-power tools will be charged ture of the work to be done, and accom­ than 50 percent of the estimated charge for separately or may be combined with panied by a certificate from the com­ for direct labor. At industrial yards the tool rate of the schedule. mandant that the necessary labor or this class of work will bear such charges (f) These instructions and the rates of appliances can not be procured in the as may be specifically required by the tool charges of the schedule in force at vicinity from private contractors. accounting instructions in force, and a each navy yard and station will apply Commandants of navy yards and sta­ surcharge of 20 percent of the direct under all ordinary circumstances. tions are, however, authorized to under­ material. At nonindustrial yards, work Should exceptional conditions render it take, in advance of approval by the De­ of this class will be charged with the cost advisable to depart therefrom the com­ partment, work for private parties in of direct labor, direct material, 20 per­ mandant will make suitable recommen­ cases where the delay incident to procur­ cent of the direct material, and 35 per­ dation to the department. ing authorization or the assistance or cent of the direct labor. All surcharges (g) All charges other than those agencies of private contractors would of 20 percent and 35 percent made at posted under direct labor (as defined in lead to the loss of life or the loss of valu­ nonindustrial yards will be deposited in paragraph (d)), indirect expense, as per able property.^ And to undertake with­ the Treasury to the credit of “Miscel­ accounting instructions in force, and out reference to the Department work laneous receipts”. In exceptional cases material shall be turned into the Treas­ for parties doing work under contract in which the Government’s interest ury as a miscellaneous receipt. with the Government, as provided by the would otherwise suffer, the surcharge (h) The United States will assume no terms of their contract or when such of 20 percent of direct material may, responsibilty for any damage or injuries work does not exceed in cost more than with the Department’s specific approval that may result from the use of navy- $100 for any one job. in each case, be modified. yard dry docks, tugs, or floating facilities (b) In all cases, with the exception (3) Work in connection with lifting, when they are turned over to private noted in the' latter part of this para­ handling, or transportation of material parties. All claims against the United graph, when work is authorized at a navy by yard or station facilities' or equip­ States for or on account of any such yard or station for private parties they ment. At industrial yards, this class damage or injuries, from whatsoever shall deposit with the disbursing officer of work will bear such charges as may cause arising, must, before permission of the yard a sum sufficient to cover the be specifically required by the account­ for the use of the dry docks, tugs, or estimated expenses to be incurred. The ing instructions in force, and a tool rate total cost shall be defrayed from such or rental as per schedule in existence for floating facilities is given and as a condi­ deposit. The special deposit for pay­ the navy yard or station concerned. At tion precedent thereto, be distinctly and ment shall be made with tho com­ nonindustrial yards, work of this class expressly waived, in writing, by a re­ mandant of the yard or station by check, will be charged with the cost of direct sponsible representative of the private 7396 FEDERAL REGISTER, Thursday, June 3, 1943 firm or corporation by whom the dry store it to its normal condition, excepting sel may lie at the yard or in the dock, docks, tugs, or floating facilities are to the time that may be necessary to execute both by those on board and by employees be used. The foregoing provisions shall repairs incident to its use while in such of private firms permitted to work on the not apply in an emergency when it is service. Repairs at cost will be charged vessel. necessary to rescue life or relieve distress to the party in whose service the need (f) Vessels allowed to enter the dock at sea. for repairs arises. must furnish tugs at their own expense, (1) Schedule of charges to private par­ (7) When necessary to get up steam, of such number and character as the ties for use of tools and other equipment warm up furnaces, break out or rig ap­ commandant may consider necessary to of navy yards and stations: paratus, or make similar preparations insure proper handling in entering or CD All facilities, equipment, appliance for the special use of private parties, the leaving the dock. and tools not specifically provided for time so consumed, as well as the time of (g) The schedule charges will cover below: moving to and from the scene of opera­ the cost of placing the vessel in the dock, Class 1 (first cost under $200): 75 cents tion and the time necessary for securing of maintaining it there as long as may per day; minimum charge, 40 cents. In the the apparatus will be included in com­ be necessary, and of removing it from case of hand-power tools (pneumatie and puting the hours used. the dock. No other work on the vessel electric) air and electricity will toe an addi­ (8) A fraction of an hour will be will be done by the Government with­ tional charge. charged as an hour in each case, and no out special authority from the Secre­ Class 2 (first cost from $200 to $1,000): charge of less than 1 hour will be made. tary of the Navy, except that of rigging $1.50 pet day; minimum charge, 40 cents. (9) Charges for work done for private In the case of hand-power tools (pneumatic staging for cleaners and painters, and and electric) air and electric current will toe parties at United States experimental the cleaning, painting, and minor items an additional charge. model basin are not affected by the fore­ ordinarily Incidental to docking. All Class 3 (first cost over $1,000 to $3,000): going paragraphs. such work will be charged for at actual 60 cents per hour. Note: For work for private parties, see cost (labor, material, and indirect) plus Class 4 (first cost over $3,000 to $9,000): §§ 8.665, 8.714. 10 per cent. If a vessel is docked with $1.20 per hour. § 1.1996 Rules jar docking private cargo on board, each ton in weight of Class 5 (first cost over $9,000): such cargo shall be charged for at the ■ * 7,500 vessels at Navy yards. Charges for the per hour. regular tonnage rates; the charge for work of docking private vessels at Navy cargo to be in addition to the regular N ote: “First cost” is that shown on the yards are not covered by preceding in­ yard or station plant account as “first cost.” structions and will follow the rules laid charges based on registered tonnage. When fuel or power is necessary to the oper­ down in succeeding paragraphs. (h) Prior to the vessel’s entering the ation of items in classes 1 to 5, it will be (a) No private vessel will be permitted dock there must be deposited with the charged for as material. to use a Government dock except in an disbursing officer of the yard a sum suffi­ (2) Special items not to be charged cient to cover the cost of docking and emergency and when there is no private undocking, lay day charges, and all work for under (1): dock in the vicinity available for the done on the vessel by Government em­ Electric current per kilowatt hour: Fixed purpose. ployees. This amount is to be determined charges to be determined annually for fiscal Cb) Application for the use of the dock by estimates of the naval constructor, ap­ year toy Bureau of Yards and Docks, as ap­ must be made to the Bureau Df Ships, proved by the Secretary of the Navy. and will be subject to the approval of the proved by the commandant. Upon com­ Pneumatic power per thousand cubic feet: Secretary of the Navy. It should be made pletion of the work, any excess of this Fixed charges to be determined annually for through the commandant of the station deposit over and above the docking fiscal year toy Bureau of Yards and Docks, charges, the sum charged to cover work as approved by the Secretary of the Navy. when circumstances permit, and should other than docking, and the cost of re­ Water: To be charged as material. state the purpose for which docking is pairing any damage done to the Govern­ Products of Title Z shops will be charged required, the number of days in dock be­ as material. lieved to be necessary, that there is no ment property will be returned to the Yard tugs: 5 cents per hour per ton of private dock available, and that the party depositing it. In case additional tug’s displacement; minimum charge, $25. Government’s rules in relation to the use work is authorized an additional deposit (This charge includes fuel and operators.) of the Government docks are understood to cover cost of same will be required be­ One horse and wagon or cart : 50 cents per and accepted. Such statements will be fore the work is commenced. The doek- hour. ing charges will be based on the gross Two horses and wagon: 75 cents per hour. confirmed by the commandant before tonnage of the vessel for steamers and Motor trucks: forwarding an application, if practicable, on the net tonnage for sailing vessels to (4-ton truck: 40 cents per hour. or before work is proceeded with if the nearest whole ton, and a tonnage y2-tan truck: 50 cents per hour. authorized. %-ton truck: 60 oents per hour. (c) Hie United States will assume no certificate will be supplied by the vessel, 1-ton truck: 75 cents per hour. responsibility for any damage or injuries the same being subject to verification by 2 to 4-ton truck: $1 per hour. to a vessel, crew, or appurtenances while the Navy Department should the latter 5-ton truck: $1.50 per hour. so desire. (In addition, fuel actually used will toe entering, leaving, or in the dock, or Watch Your Credit local regulations as may be prescribed. ity and photographers. Before permis­ No objection to reproducing or publishing (See paragraph (d) (2) (ii).) sion to take photographs (still) within this photograph provided this credit line (d) Civilian photographers (still pic­ naval jurisdiction is granted, it will be Official U. S. Navy Photograph tures)—(1) Identification cards. In or­ expressly agreed by the civilian photog­ is used. der to facilitate identification of persons rapher that: This photograph may be used for com­ known to be engaged in photographic (i) The Navy will be given one copy mercial advertising if accompanying copy and work and to have a legitimate interest in of every photograph (still) taken for its layout are submitted, prior to publication, naval subjects, commandants of naval noncommercial use without reference to to the districts may issue annual photogra­ and entirely independent of any copy­ Office of Public Relations pher’s identification cards to persons of right. Photographic Section United States citizenship, good only for (ii) Two prints of each photograph Navy Department the calendar year in which issued. These taken will be submitted for censorship— Washington, D. C. cards will not constitute authorization one print for the censoring authority’s (iii) When an “Official Navy Photo­ for taking pictures. The identification file and one print for return to photog­ graph” of personnel is issued the follow­ card will bear the photograph and signa­ rapher if released by censor, except one ing statement shall be written or ture of the person to whom issued, both print only required under conditions stamped on the back: stamped with the seal of the issuing stated in paragraph (b) (7) (i). The Released Official Navy Photograph office. custody of all negatives will remain in (2) Naval transportation of commer­ naval jurisdiction until release is If published, cial photographers, (i) Permission for completed. credit line must read civilians to take photographs which in­ (iii) All prints not released by the cen­ “Official V. S. Navy Photograph” volves taking passage on a naval ship or sor and their negatives will become the (7) Immediate release of unseen pho­ aircraft will be granted only by special property of the Navy for noncommer­ tographs. (i) When the supervision of authority of the Navy Department, ex­ cial use. the taking of photographs has been such cept that in cases of natural catastrophe (iv) Only those photographs specifi­ as to preclude the inclusion of subjects or other emergency where prompt action cally released by the censor will be made prohibited for release, the officer grant­ is indispensable, the Senior Officer may public. ing permission to take these pictures authorize the passage, of photographers (v) In event any photograph in this may release them immediately for pub­ on a naval ship or aircraft. In such category is to be used in connection with lication without prior inspection of the event full report of the circumstances an advertisement, all copy and text to prints and negatives, subject to subse­ will be made to the Navy Department. appear with the photograph will be sub­ quent compliance with paragraph (b) (ii) All unofficial photographs, still or mitted in duplicate to naval authority (6). The provisions of this paragraph motion picture, taken by naval person­ for censorship prior to release of the ad­ do not relieve the officer releasing the nel within naval jurisdiction with their vertisement. (See § 1.3002) unseen photographs from his responsi­ own equipment shall be subject to re­ (6) Liability of civilian photographer bility as specified in paragraph (b) (1). view. If, in judgment of the reviewing under Espionage Act. Civilian photog­ (ii) Unofficial pictures taken outside authority, such photos are of public in­ raphers shall be informed that the re­ naval jurisdiction by Naval Personnel do terest, prints or copies shall be released tention of negatives or prints or the pub­ not require review by Naval authority. as “Official Navy Photos” without recom­ lishing of photographs in violation of (8) Disposal of old photograph files. pense to the photographer. However, their agreements or failure to deliver After a photograph has been retained in the unclassified portions of the original negatives or prints to proper naval au­ file for 1 year, the photograph may be film may be returned to the owner, at thority upon demand may render them eliminated from file by forwarding the the discretion of the reviewing authority, liable to prosecution under the Espionage file prints, and records of release to the for his unrestricted use. Classified por­ Act. following offices: tions which may be of use to the naval (7) Protective measures for prevention (1) Photographs filed in photographic establishment will be turned over to the of compromise of confidential matter. laboratories under the cognizance of the cognizant bureaus for their noncom­ In order to protect the interests of the Bureau of Aeronautics will be handled mercial use. Navy without adversely affecting the in accordance with the provisions of the (3) Responsibility for photographs interests of organizations engaged in Bureau of Aeronautics Manual. taken during passage. Commanding of­ photographic work, whenever a civilian (ii) Technical photographs to cog­ ficers of ships and aircraft on which photographer (“still” or “motion pic­ nizant bureaus. civilian photographers are taking pas­ ture”) is authorized to take pictures of (iiiT Other photographs, in released sage are responsible, in accordance with a naval subject an officer or other quali­ or unreleased status, to the Secretary of the provisions of this section, for all fied expert will be detailed to act in an the Navy (Director of Public Relations), photographs taken by such photogra­ advisory capacity to the photographer in including all prints and negatives. phers. order to prevent the disclosure of objects (c) Photographs by Naval personnel— (4) Agreements between competing which the Navy does not wish to be (1) Official photographers. A com­ photographers. In order not to ad­ photographed. Experience has shown manding officer, or higher authority, may versely affect the interests of organiza­ that a majority of the pictures requir­ grant persons in the naval service per­ tions engaged in photographic work, re­ ing censorship could have been released mission to act as the official photog­ quests to make photographs featuring for publication were it not for inad­ raphers for the activity under his juris­ naval subjects will not be made known vertent disclosure of confidential matter diction. Such permission does not re­ to competitors. But if more than one in the background. Attention is invited lieve the authorizing official from re­ request is received equal privileges will to paragraph (a) (2) (iii) of this section. sponsibility for supervision of photo­ be granted to all applicants at the dis­ (8) Artists, sketchers, and draftsmen.' graphs taken. The development of cretion and. convenience of the naval The provisions of this section will apply negatives and printing will be accom­ authorities concerned. Should it be im­ wherever applicable to artists, sketchers, plished under naval jurisdiction. practicable for more than one photogra­ and draftsmen. (2) Privately owned cameras.. Cam­ pher to cover the subject, the photogra­ (e) Motion pictures, commercial—(1) eras are permitted to naval personnel on pher selected will be chosen by lot with Authorization for naval cooperation. board naval ships for taking pictures the understanding, before he is chosen, The Secretary of the Navy (Director of outside naval jurisdiction. While on that he is required to cover the event Public Relations) may authorize naval board cameras will be in custody of the equitably for all parties who have re­ cooperation with commercial motion- commanding officer. Under no circum­ quested permission. The terms of this picture producers in recognition of the stances will they be used aboard ship equitable agreement shall be set forth value to both the public at large and the without official permission and compe­ before choice by lot is made, and failure naval service in the production of ac­ tent supervision. (See paragraph (b) of the chosen party to comply fully with curate portrayals of naval life. The co- 7400 FEDERAL REGISTER, Thursday, June 3, 1943 operation between« the motion-picture ders and instructions issued by the Navy contract or under special classification. producers and the Navy will involve, on Department. This lavender print will None of the above may be published, dis­ the part of the motion-picture producer, be shipped to the Navy Department and tributed, displayed or released to the con­ agreement in writing to adhere to the re­ retained for its own use and will not be tractor’s files without approval by the strictions and requirements imposed by released for commercial purposes with­ Secretary of the Navy (Director of Pub­ this section and, on the part of the Navy, out express permission of the Company lic Relations). assistance to the motion-picture pro­ having proprietary right to the original (2) Technical photographs not re­ ducers in the technical supervision of the negative. quired by contract. Photographs of ar­ taking of the picture to prevent the in­ (4) Latitude allowed commercial mo­ ticles other than those of a strictly com­ clusion of matter not desired to be made tion picture producers. In view of the mercial character being manufactured public. The procedure for censorship of strict control exercised over motion pic­ for or under construction for the Navy, these pictures depends upon whether tures taken in naval jurisdiction, and in taken by or on order of the contrac­ they are feature motion pictures, news­ order to meet the legitimate require­ tors and not required by the terms of the reels, or other films. ments of motion-picture producers for contract, will be subject to the supervi­ (2) Feature motion pictures. A fea­ scenes of a spectacular nature, motion- sion and control of the Navy inspector ture motion picture for the purpose of picture photographers of simple fleet concerned. When a photograph of this this section is interpreted to be any mo­ maneuvers, aircraft in flight, distant category is released to the contractor for tion picture over 4,€00 feet in length. views of ships firing, interior views of unrestricted use or publication, the pro­ • The areas described aggregate approxi­ May 21, 1943. and conclusions of law set forth in the mately 734 acres. [F. R. Doc. 43-8889; Piled, June 1, 1943; opinion of the Director, filed simultane­ This order shall take precedence over, 2:24 p. m.] ously herewith, wherein it appears that but shall not rescind or revoke, the order the applications of the Railway Fuel of the Acting Secretary of the Interior Company for exemption from the pro­ effective November 30,1937, withdrawing visions of the Bituminous Coal Code these and other lands pending the estab­ DEPARTMENT OF THE INTERIOR. should be denied, and pursuant to sec­ lishment of a grazing district. Bureau of Reclamation. tions 4-A and 4 n (1) and other pro­ It is intended that the lands described visions of the Bituminous Coal Act' of herein shall be returned to the adminis­ K ings R iver P roject, Calif. 1937, tration of the Department of the Interior, FIRST FORM RECLAMATION WITHDRAWAL It is hereby ordered, That, effective when they are no longer needed for the fifteen (15) days from the date hereof, purpose for which they are reserved. A pril 24, 7943. the applications of the Railway Fuel [seal] Abe F ort as, The S ecretary of the I nterior. Company are denied. Acting Secretary of the Interior. Dated: June 1, 1943. Sir: It is recommended that the fol­ M ay 27, 1943. lowing described lands be withdrawn [ seal] D an H. W heeler, from public entry under the first form Director. [P. R. Doc. 43-8900; Filed, June 1, 1943; 2:36 p. m.] of withdrawal as provided in section 3 [F. R. Doc. 43-8954; Piled, June 2, 1943; of the Act of June 17,1902 (32 Stat. 388): 10:44 a. m.] Kings River Project [Public Land Order 129] MOUNT DIABLO MERIDIAN, CALIF. [Docket No. 42-FD] I daho-W ashington T. 11 S., R. 26 E., Sec. 36, unsurveyed. R epublic Coal Company REVOCATION OF EXECUTIVE ORDER W ITH ­ T. 12 S., R. 26 E„ DRAWING PUBLIC LANDS Secs. 1 to 3, inclusive, 7 to 20 inclusive; ORDER DENYING APPLICATION Sec. 21, lots 1 to 7, inclusive, NV&NE%. Upon the basis of the findings of fact By virtue of the authority contained SE1/4NE1/4, W1/2NW14, w y2sw y4, SEV4 in section 1 of the act of June 25, 1910, swv4; and conclusions of law set forth in the c. 421, 36 Stat. 847 (U.S.C., title 43, sec. Secs. 22 to 28, inclusive; secs. 34 and 35; opinion of the Director, filed simultane­ 141), and pursuant to Executive Order Sec. 36, lots 1, 2, 6, 7, W ^N E ft, NWy4, ously herewith, wherein it appears that No. 9337 (8 F.R. 5516) of April 24, 1943: n y2 s w %. the application of the Republic Coal T. 10 S., R. 27 E., Company for exemption from the provi­ It is ordered, As follows: Sec. 25; sions of the Bituminous Coal Code should The Executive order of May 25, 1915, Sec. 36, wy2. be denied, and pursuant to sections 4-A withdrawing certain public lands in the T. 11 S., R. 27 E„ States of Idaho and Washington for res­ Sec; 1, lots 1, 2, 4, SE^NEV4. SW ^NW ^, and 4 II (1) and other provisions of the ervoir sites in. connection with the Pa- s%; Bituminous Coal Act of 1937, louse Project, is hereby revoked. This Sec. 11; It is hereby ordered, That, effective revocation shall not affect any other Sec. 12, Ni/2, SW14, WVaSE^, NE^SE^; fifteen (15) days from the'date hereof, Secs. 13 to 15, inclusive; the application of the Republic Coal order withdrawing or reserving these Secs. 22 to 28, inclusive; Company is denied. lands. Secs. 31 to 35, inclusive. Dated: June 1, 1943. [seal] Abe F ortas, T. 12 S„ R. 27 E., Acting Secretary of the Interior. Secs. 3 to 9, inclusive. [seal] D an H. W heeler, T. 10 S., R. 28 E„ Director. M ay 25, 1943. Secs. 17, 19, 20, 29; [P. R. Doc. 43-8953; Filed, June 2, 1943; [P. R. Doc. 43-8899; Filed, June 1, 1943; Sec. 30, lots 1, 2, Ey2, Ey2NW%; 2:34 p. m.] Sec. 31, EV2SE14. 10:44 a. m.] T. 11 S., R. 28 E., Sec. 6, lots 1, 2, 4, 5, 6, 7, Sy2NEV4, EyaSW1^, SEy4 ; Secs. 7, 18, 19, all; General Land Office. DEPARTMENT OF LABOR. Sec 30, lots 2, 3, 4, Ey2, Ey2Wy2; Wage and Hour Division. Sec. 31. [Air-Navigation Site Withdrawal 203] T. 12 S„ R. 29 E„ N evada Learner E mployment Certificates Sec. 14, NE^NE^, Sy2Ni/2, Sy2; Sec. 15, NWy4NE^, Sy2N E^, NW'/4, Sy2; AIR-NAVIGATION SITE WITHDRAWAL ISSUANCE TO VARIOUS INDUSTRIES Sec. 16, Ny2, SE^; Notice of issuance of special certifi­ Secs. 21 and 22. By virtue of the authority contained in section 4 of the act of May 24, 1928, 45 cates for the employment of learners Respectfully, Stat. 729 (U.S.C., title 49, sec. 214), and under the Fair Labor Standards Act of H. W. B a^hore, section 1 of the act of June 28, 1934, 48 1938. Acting Commissioner. Stat. 1269 (U.S.C., title 43, sec. 315) : It Notice is hereby given that special cer­ is ordered, As follows: tificates authorizing the employment of I concur: May 15, 1943. learners at hourly wage rates lower than F red W. J ohnson, Subject to valid existing rights, the following-described public lands in Ne­ the minimum wage rate applicable under Commissioner of the section 6 of the Act are issued under General Land Office. vada are hereby withdrawn from all forms of appropriation under the public- section 14 thereof, Part 522 of the regu­ The foregoing recommendation is land laws and reserved for the use of the lations issued thereunder (August 16, hereby approved, as recommended, and Civil Aeronautics Administration, De­ 1940, 5 F.R. 2862, and as amended June the Commissioner of the General Land partment of Commerce, for use in the 25, 1942, 7 F.R. 4725), and the determin­ Office will cause the records of his office maintenance of air-navigation facilities, ation and order or regulation listed and the local land office to be noted the reservation to be known as Air- below and published in the F ederal R eg­ accordingly. Navigation Site Withdrawal No. 203: ister as here stated. M ichael W. S traus, Apparel Learner Regulations, September 7, First Assistant Secretary. Mount Diablo Meridian 1940 (5 F.R. 3591), as amended by Admin­ May 26, 1943. T. 12 N., R. 36 E., istrative Order March 13, 1943 (8 F.R. 3079). Sec. 5, that part west of west line of right Single Pants, Shirts and Allied Garments, [F. R. Doc. 43-8891; Filed, June 1, 1943; of way of State Highway; Women’s Apparel, Sportswear, Rainwear, 2:33 p. m.] Sec. 6, Sy2SEy4; Robes and Leather and Sheep-Lined-Gar- No. 109- 7406- FEDERAL REGISTER, Thursday, June 3, 1943 ments, Divisions of the Apparel Industry, Dresses; 15 learners (E); effective June Any person desiring to be heard or to Learner Regulations, July 20, 1942 (7 F.R. 2,1943, expiring December 2,1943. make any protest in reference to said 4724), as amended by Administrative Order application should, on or before the 17th March 13, 1943 (8 FR. 3079). Gloves Industry Artificial Flowers and Feathers Learner day of June, 1943, file with the Federal Regulations, October 24, 1940 ( 5 F.R. 4203). The Glove Corporation, Elwood, In­ Power Commission a petition or protest Glove Findings and Determination of Feb­ diana; Work gloves; 15 learners (A. T .); in accordance with the Commission’s ruary 20, 1940, as amended by Administra­ effective June 2, 1943, expiring Novem­ Rules of Practice and Regulations. tive Order September 20, 1940 (5 FR . 3748), ber 2, 1943. and as further amended by Administrative [seal] L eon M. F uquay, Newton Glove Manufacturing Com­ Secretary. Order, March 13, 1943 (8 F.R. 3079). pany. Newton, North Carolina; Work Hosiery Learner Regulations, September 4, [F. R. Doc. 43-8952; Filed, June 2, 1943; 1940 (5 F.R. 3530), as amended by Adminis­ gloves; 5 percent (A. T.); effective May 9:38 a. m.] trative Order March 13, 1943 (8 FR. 3079). 31, 1943, expiring December 14,1943. Independent Telephone Learner' Regula­ tions, September 27, 1940 (5 F.R. 3829). Hosiery Industry Knitted Wear Learner Regulations, Octo­ ber 10, 1940 (5 F.R. 3982), as amended by Elliott Knitting Mills, Incorporated, Administrative Order, March 13, 1943 (8 F.R. Hickory, North Carolina; Seamless OFFICE OF DEFENSE TRANSPORTA­ 3079). hosiery; 10 percent (A. T .); effective TION. Millinery Learner Regulations. Custom June 2, 1943, expiring November 2, 1943. Made and Popular Priced, August 29, 1940 (5 Millheim Hosiery Mills, Incorporated, [Special Order ODTB-32, Amdt. 1 ] F.R. 3392, 3393). Millheim, Pennsylvania; Seamless I. C. T . Bus Company Textile Learner Regulations, May 16, 1941 hosiery; 10 percent (A. T .); effective (6 FR. 2446), as amended by Administrative COORDINATED OPERATION BETWEEN PROVI­ Order March 13, 1943 (8 FR. 8079). June 2, 1943, expiring December 2, 1943. DENCE, R. I., AND NEW BEDFORD, MASS. Woolen Learner Regulations, October 30, Signed at New York, N. Y., this 1st 1840 (5 F.R. 4302). day of June 1943. New England Transportation Com­ Notice of Amended Order for the Employ­ M erle D. Vincent, pany, Union Street Railway Company, ment of Learners in the Cigar Manufactur­ Authorized Representative and Milton Schoenberg, Leonard Schoen­ ing Industry, July 20, 1941 (6 F.R. 3753). of the Administrator. berg, and Hyman Schoenberg, operating as I. C. T. Bus Company. The employment of learners under [F. R. Doc. 43-8948; Filed, June 2, 1943; Upon further consideration of the ap­ these certificates is limited to the terms 9:38 a. m.] and conditions therein contained and to plication for authority to coordinate mo­ the provisions of the applicable deter­ tor vehicle service in the transportation mination and order or regulations cited of passengers and an amendment there­ above. The applicable Determination to, filed with this Office by New England FEDERAL POWER COMMISSION. Transportation Company, Boston, Mas­ and Order or Regulation, and the effec­ sachusetts, Union Street Railway Com­ tive and expiration dates of the cer­ [Docket No. TT-5828] pany, New Bedford, Massachusetts, and tificates issued to each employer is listed Milton Schoenberg, Leonard Schoenberg, below. The certificates may be cancelled P ennsylvania E lectric Company in the manner provided in the regula­ and Hyman Schoenberg operating as NOTICE OF APPLICATION I. C. T. Bus Company, East Providence, tions and as indicated in the certificates. Rhode Island, pursuant to § 501.49 of Any person aggrieved by the issuance of M ay 28, 1943. General Order ODT 11 as amended (7 any of these certificates, may seek a Notice is hereby given that on May 27, F.R. 4389, 11099), /f is hereby ordered, review or reconsideration thereof. 1943, an application was filed with the That: Name and Address of Firm, Industry, Prod­ Federal Power Commission, pursuant to 1. Special Order ODT B-32 (7 F.R. uct, Number of Learners and Effective section 203 of the Federal Power Act, by 9643) be and it is hereby amended by D ates Pennsylvania Electric Company, a cor­ deleting the words Milton Schoenberg Apparel Industry poration organized under the laws of the wherever they appear and substituting Commonwealth of Pennsylvania and do­ therefor Milton Schoenberg, Leonard Famous Sternberg, Incorporated, 950 ing business in the States of Maryland Schoenberg, - and Hyman Schoenberg. Poeyfarre Street, New Orleans, Louisi­ and Pennsylvania, with its principal bus­ Issued at Washington, D. C., this 1st ana; Men’s and boys’ clothing; 5 percent day of June 1943. (T) ; effective May 31,1943, expiring May iness office at Johnstown, Pennsylvania, 31, 1944. seeking an order authorizing it to ac­ J oseph B. Eastman, Herrmann Handkerchief Company, quire all of the utility assets and facilities Director, Office of Defense of Erie County Electric Company, a cor­ Transportation. 8th and Water Streets, Lebanon, Penn­ poration organized under the laws of the sylvania; Handkerchiefs; 5 percent (T); Commonwealth of Pennsylvania and do­ [F. R. Doc 43-8959; Filed, June 2, 1843; effective June 3, 1943, expiring June 3, ing business in said state, with its prin­ 11:0 1 a. m.] 1944. cipal business office at Erie, Pennsylvania. Single Pants, Shirts, and Allied Gar­ Pennsylvania Electric Company pro­ ments, Women’s Apparel, Sportswear, poses to acquire from The United Gas Rainwear, Robes, and Leather and Improvement Company, the parent of OFFICE OF PRICE ADMINISTRATION. Sheep-Lined Garments Divisions of the Erie County Electric Company, all of the Apparel Industry Regional, State and District Office stock of the latter at a total cost to Penn­ Orders. Allen Garment Company, Franklin, sylvania Electric Company of $6,921,500, Kentucky; Men’s and boys’ cotton work with a further contingent cost to Penn­ List of Orders F ixing Community shirts; 10 percent (T) ; effective June 2, sylvania Electric Company of a sum not Ceiling P rices, E tc. 1943, expiring June 2, 1944. in excess of $215,559. Note: The following orders have been Davis Manufacturing Company, Ly- Following the acquisition of the stock filed with the Division of the Federal kens, Pennsylvania; Women’s sports­ of Erie County Electric Company, Penn­ Register. wear and dickeys; 30 learners (E) ; ef­ sylvania Electric Company, proposes Regional Orders fective June 2, 1943, expiring December to acquire all of the assets and Region I: F .R . Doc. No. 2, 1943. franchises of the former in considera­ Order G-6 under §§ 1340.259 of Fremont Manufacturing Company, tion of the surrender of such stock by RMPR 122______43-8552 Mt. Pleasant Mills, Pennsylvania; Jump­ Pennsylvania Electric Company for can­ A m dt 1 ______43-8553 Order G-7 under RMPR 122, Amdt ers; 10 learners (T); effective June 2, cellation and the assumption by it of the ! ______43-8551 1943, expiring June 2, 1944. obligations of Erie County Electric Com­ Region II: U. P. Dress Manufacturing Company, pany; all as more fully appears in the Correction to Order G-6 under Gold Street, Negaunee, Michigan; application on file with the Commission. MPR 329 as amended------43-8554 FEDERAL REGISTER, Thursday, June 3, 1943 7407

State and District Orders Under Gen . office of the Commission, for full details Company Act of 1935 and the Rules and Order 51 concerning the contents thereof. Regulations of this Commission promul­ Altoona Order 3------43-8608 It appearing to the Commission that gated thereunder. All interested per­ Birmingham Order 3—------43-8607 it is appropriate in the public interest sons are referred to said document, Boise Order 1------.------>------43—8547 and in the interest of investors and con­ which is on file in the office of this Com­ Boise Order 2______43-8548 sumers that a hearing be held for the mission, for a statement of the transac­ Boise Order 3______43-8549 tions therein proposed, which are sum­ Boise Order 4______43-8550 purpose of considering said application Charlotte Order 3------43 8599 and for other purposes; marized as follows: Chicago Order 3______43-8601 It is ordered, That a hearing in this Federal Water and Gas Corporation, Cincinnati Order 1, Amdt. 1------43-8513 proceeding be held at the office of the the owner of all of the outstanding com­ Cincinnati Order 2------43-8517 Securities and Exchange Commission, mon stock of New York Water Service Colorado Order 6______43—8466 18th and Locust Streets, Philadelphia, Corporation, such stock consisting of Colorado Order 7------43-8467 Pennsylvania, at 10:00 a. m., e. w. t., on 26,015 shares of the par value of $100 Colorado Order 8------43-8468 Dayton Order 3______43—8461 June 14, 1943 in such room as may be per share, proposes to donate 21,015 Detroit Order 4------43-8600 designated on such day by the hearing shares of said stock to New York Water Fargo-Moorhead Order 2______43-8555 room clerk. Service Corporation. Fargo-Moorhead Order 3------43-8556 All persons desiring to be heard or New York Water Service Corporation, Fort Worth Order 2------—— 43-8597 otherwise wishing to participate should upon acquisition of the stock so to be Fort Worth Order 3______43-8598 notify the Commission in the manner donated to it, proposes to retire said Green Bay Order 1------43-8546 provided by the Commission’s Rules of stock and to reduce the amount of its Green Bay Order 2------43-8469 Practice, Rule XVII on or before June 7, Houston Order 1, Amdt. 1------43-8501 capital by $2,101,500 in accordance with Houston Order 3------43-8502 1943. the provisions of sections 36 and 38 of Indianapolis Order 3------43-8518 At said hearing there will be consid­ the Stock Corporation Law of New York, Jackson Order 1______43—8508 ered (1) whether Standard Power and under the laws of which state it is in­ Jackson Order 2______43-8509 Light Corporation has exercised due dil­ corporated, after first obtaining the con­ Jacksonville Order 3--- .------43-8602 • igence in its efforts to comply with the sent thereto of the New York Public Knoxville Order 1--,------43—8515 Commission’s order of June 19, 1942, Service Commission, New York Water Knoxville Order 2______43-8516 and (2) whether an extension of time Service Corporation proposes first to La Crosse Order 1______43—8510 La Crosse Order 2______43—8512 for compliance with said order is neces­ credit to its capital surplus the said Los Angeles Order 3______43-8498 sary or appropriate in the public inter­ amount of $2,101,500 resulting from such Louisville Order 2______43-8475 est or for the protection of investors or reduction of capital and then to transfer Lubbock Order 2______43-8503 consumers. said amount to its reserve for possible Maryland Order 3------43-8609 It is further ordered, That Charles S. adjustments of utility plant and reserve Montana Order 6______43-8604 Moore or any other officer or officers of for depreciation, any portion of such re­ Montana Order 7------43-8603 the Commission designated by it for serve not hereafter required for such ad­ Montana Order 8______43-8605 that purpose shall preside at the hear­ Montgomery Order 2______43-8463 justments to be returned to capital Omaha Order 2______43-8500 ing above ordered. The officer so des­ surplus. Rochester Order 2______43-8499 ignated to preside at such hearing is It is stated that the proposed reduc­ Sioux City Order 3______43-8505 hereby authorized to exercise all powers tion in capital by New York Water Serv­ South Carolina Order 2______43-8511 granted to the Commission under Sec­ ice Corporation is designed solely to per­ Trenton Order 3______43-8610 tion 18 (c) of the Act and to a Trial Ex­ mit the payment of dividends on the pre­ Tulsa Cfrder 2______43-8606 aminer under the Commission’s Rules of ferred stock of said corporation and that Twin Cities Order 1 (revised)______43-8506 Practice. the proposal will be abandoned in the Twin Cities Order 2______43-8504 It is further ordered, That the Secre­ event that any holder of preferred stock tary of this Commission shall serve no­ objects to said reduction of capital and tice of this order by mailing a copy there­ asserts a possible statutory right of cash of by registered mail to Standard Power payment for his stock. It is further SECURITIES AND EXCHANGE COM­ and Light Corporation and that notice stated that such proposed reduction is MISSION. shall be given to all other persons by an interim step pending compliance with F ederal R eg ­ [File No. 59-13] publication thereof in the this Commission’s order of February 10, is t e r . 1943 requiring a recapitalization of New S tandard P o w e r a n d L ig h t C o r po r a t io n By the Commission. York Water Service Corporation in which NOTICE OF FILING OF APPLICATION FOR EXTEN­ [ se a l ] O rval L . D u B o is , no recognition should be accorded to its SION OF TIME Secretary. common stock. It appearing to the Commission that At a regular session of the Securities [F. R. Doc. 43-8893; Filed, June 1, 1943; 2:38 p. m.] it is appropriate in the public interest and Exchange Commission held at its and in the interest of investors and con­ office in the City of Philadelphia, Pa., on sumers that a hearing be held with re­ the 29th day of May 1943. spect to said matters, and that said dec­ The Commission having entered its larations shall not become effective nor order in the above styled and numbered [File No. 70-721] proceeding on June 19, 1942, pursuant to said applications be granted except pur­ Section 11 (b) (2) of the Public Utility N e w Y o r k W ater S e r v ic e C o r po r a t io n suant to further order of this Commis­ Holding Company Act of 1935 directing a n d F ederal W ater a nd G a s C o r po r a ­ sion; t io n * It is ordered, That a hearing on such Standard Power and Light Corporation matters under the applicable provisions to liquidate and terminate its existence, NOTICE OF FILING AND ORDER FOR HEARING and to proceed with due diligence to file of said Act and Rules of the Commission a plan for its prompt liquidation and the At a regular session of the Securities thereunder be held on June 17, 1943 at termination of its existence, in a manner and Exchange Commission, held at its 10:00 o’clock a. m., e. w. t. at the offices consistent with the provisions of the Act; office in the City of Philadelphia, Penn­ of the Securities and Exchange Commis­ Notice js hereby given that on May 22, sylvania, on the 29th day of May, A. D. sion, 18th and Locust Streets, Philadel­ 1943, Standard Power and Light Corpora­ 1943. phia, Pennsylvania. On such day the Notice is hereby given that joint ap­ hearing room clerk in Room 318 will ad­ tion filed an application requesting thé plications or declarations (or both) have vise as to the room where such hearing entry of an order by this Commission un­ been filed with this Commission by Fed­ will be held. At such hearing cause shall der section 11 (c) of'the Act extending eral Water and Gas Corporation, a regis­ be shown why such declarations and ap­ for one year the time within which to tered holding company, and its subsid­ plications shall become effective or shall comply with said order of June 19, 1942. iary company, New York Water Service be granted. Notice is hereby given of All interested persons are referred to Corporation, pursuant to the applicable said hearing to the above named declar­ said application, which is on file in the provisions of the Public Utility Holding ants and applicants and to all interested 7408 FEDERAL REGISTER, Thursday, June 3, 1943 parties, said notices to be given to said registered holding company. All inter­ All persons desiring to be heard or declarants and applicants by registered ested persons are referred to said docu­ otherwise wishing to participate should mail and to all other persons by publica­ ment, which is on file in the office of notify the Commission in the manner tion in the F ederal R egister. this Commission, for a statement of the provided by the Commission’s Rules of It is further ordered, That Robert P. transactions therein proposed, which are Practice, Rule XVH, on or before June Reeder or any other officer or officers of summarized as follows: 5, 1943. the Commission designated by it for that Commonwealth proposes, subject to It is further ordered, That Richard purpose, shall preside at the hearing in approval of the Commission, to pay a Townsend or any other officer or officers such matter. The officer so designated dividend of $3 per share, an aggregate of of the Commission designated by it for to preside at any such hearing is hereby $4,446,000, on the outstanding shares of that purpose shall preside at' the hearing authorized to exercise all powers granted its preferred stock. The dividend was above ordered. The officer so designated to the Commission under section 18 (c) declared on May 25,1943 and is payable, to preside at such hearing is hereby au­ of said Act and to a Trial Examiner un­ on the 28th day after approval by the thorized to exercise all powers granted der the Commission’s Rules of Practice. Commission, to stockholders of record at to the Commission under section 18 (c) It is further ordered, That, without the close of business on the 14th day after of the Act and to a Trial Examiner undeif limiting the scope of issues presented by such approval. the Commission’s Rules of Practice. said declarations and applications other­ Authorization of the proposed dividend It is further ordered, That the Secre­ wise to be considered in this proceeding, is sought under section 11 of the Act and tary of this Commission shall serve particular attention will be directed at Rule U-46 as a step toward compliance notice of this order by mailing a cops the hearing to the following matters and by Commonwealth with the provisions thereof by registered mail to The Com­ questions: of section 11 (b) (2) of the Act and the monwealth & Southern Corporation and 1. Whether the proposed transactions one-stock order of the Commission dated that notice shall be given to all other will be detrimental to the financial in­ April 9,1942. The application states that persons by publication thereof in the tegrity of Federal Water and Gas Cor­ the Plan filed by Commonwealth with F ederal R egister. poration or of New York Water Service the Commission on April 20, 1943 (Hold­ It is further ordered, That without Corporation ; ing Company Act Release No. 4294), pro­ limiting the scope of the issues presented 2. Whether the proposed transactions posing to change Commonwealth’s cap­ by said application or declaration (or will be detrimental to the carrying out italization to one class of stock, namely both) or the matters otherwise to be of, or will in any manner tend to cir­ common stock, and the necessary re­ considered as set forth in our order of cumvent the provisions of the order of statement incidental thereto of the car­ May 8, 1943, particular attention will be this Commission entered on February 10, rying value of Commonwealth’s assets, directed at the hearing to the following 1943 (Holding Company Act Release No. so qualify Commonwealth’s Earned Sur­ matters and questions: 4113), in those proceedings under Sec­ plus Account as to subject the payment (1) Whether the payment of the pro­ tion 11 of the Act above cited identified of dividends to the provisions of section posed dividend is consistent with all ap­ by the Commission’s File Nos. 59-61, 12 (c) of the Act and of Rule U-46. The plicable requirements of the Act, the 54-66 and 59-35, wherein a recapitaliza­ proposed dividend payment is to be in Rules thereunder, and the Commission’s tion of New York Water Service Cor­ lieu of the cash payment of $3 per share order of April 9, 1942; poration was directed; on the preferred stock provided for in the (2) Whether any terms and conditions 3. Generally, whether, in any respect, Plan, and upon payment of the preferred are necessary in the public interest and the proposed transactions are detri­ dividend Commonwealth will amend the for the protection of investors and con­ mental to the public interest or to the Plan to eliminate therefrom the. provi­ sumers to prevent the circumvention of interests of investors or consumers or sion for the $3 cash payment to pre­ the provisions of the Act or of the Rules, will end to circumvent any provisions of ferred stockholders. Regulations or Orders thereunder. the Act or the Rules, Regulations or Or­ It appearing to the Commission that By the Commission. ders promulgated thereunder; and it is appropriate in the public interest [seal] Orval L. D uB ois, 4. Whether, if the transactions pro­ and the interest of investors and con­ Secretary. posed are authorized by the Commis­ sumers that a hearing be held with re­ sion, it is appropriate in the public in­ spect to said matters, and that the dec­ [F. R. Doc. 43-8892; Filed, June 1, 1943; terest and in the interest of investors laration shall not become effective nor 2:38 p. m.] and consumers that any terms or con­ the application be granted except pursu­ ditions be imposed in connection with ant to further order of this Commission; such authoriation and, if so, what such and [File No. 70-577] terms and conditions should be. It further appearing to the Commis­ I llinois I owa Power Company By the Commssion. sion that the issues presented by this [seal] Orval Tj. D uB ois, application or declaration (or both) in­ ORDER CONSENTING TO WITHDRAWAL OF AP­ Secretary. volve questions of law and fact common PLICATION OR DECLARATION (OR BOTH) to the issues involved in the pending sec­ At a regular session of the Securities [F. R. Doc. 43-8895; Filed, June 1, 1943; tion 11 (e) proceedings pertaining to the 2:38 p. m.] and Exchange Commission, held at its Plan heretofore described and that they office in the City of Philadelphia, Pa., on should be consolidated and heard to­ the 31st day of May 1943. [File Nos. 54-75, 70-726] gether; Illinois Iowa Power Company, a reg- . T he Commonwealth & S outhern It is ordered, That the proceedings istered holding company, having re­ Corporation (D el.) with respect to the application or dec­ quested permission to withdraw the ap­ laration (or both) be consolidated with plication or declaration (or both) in the NOTICE OF FILING AND ORDER FOR HEARING the proceedings with respect to the Plan above styled and numbered proceeding At a regular session of the Securities filed April 20, 1943 pursuant to section filed on July 15,1942 relating to its pro­ and Exchange Commission, held at its 11 (e), and that a hearing on the appli­ posed acquisition of all or part of the office in the City of Philadelphia, Pa., cation or declaration (or both) be held, publicly held preferred stock of Kewanee on the 29th day of May 1943. in the offices of the Securities and Ex­ Public Service Company; In the matter of The Commonwealth change Commission, 18th and Locust It is ordered, That Illinois Iowa Power & Southern Corporation (Delaware), File Streets, Philadelphia, Pennsylvania, at Company be and it is hereby permitted No. 54-75, The Commonwealth & South­ 10:00 A. M., E. W. T., on the 7th day to withdraw said application or declara­ ern Corporation (Delaware), File No. of June 1943, in such room as may be tion (or both) and that the same be and 70-726. designated at such time by the Hearing it is hereby deemed to be withdrawn. Notice is hereby given that a declara­ Room Clerk in Room 318 and that such By the Commission. tion or application (or both) has been hearing be consolidated with the hear­ , [ seal] Orval L. DuBois, filed with this Commission pursuant to ings specified in our order of May 8,1943 Secretary. the Public Utility Holding Company Act (Holding Company Act Release No. 4294) of 1935 by The Commonwealth & South­ to be held at the same time and place [F. R. Doc. 43-8894; Filed, June 1, 1943; ern Corporation (“Commonwealth”), a in respect of said Plan. " 2:38 p. m.] FEDERAL REGISTER, Thursday, June 3, 1943 7409

[File Nos. 70-282, 70-709] mission of September 14,1942, as herein­ gregate amount as shall at the time of above recited; any such acquisition, retirement, or re­ Community P ower & Light Company Southwestern Public Service Company demption be estimated by Southwestern et AL. having now requested by amendment to Public Service Company to be not more ORDER AMENDING ORDER AND DISMISSING its declaration last above mentioned that than the amount of such sinking fund COLLATERAL APPLICATION in lieu of the approval of acquisitions and requirements for the following twelve retirements of preferred stock sought by months; and At a regular session of the Securities said declaration, the Commission enter (c) The exemption hereby granted and Exchange Commission held at its a further order supplementing and shall continue until revoked or modified office in the City of Philadelphia, Penn­ amending said order of September 14, by the further order of this Commission. sylvania on the 31st day of May, A. D., 1942, so that acquisitions, redemptions, It is further ordered, That the exemp­ 1943. In the matter of Community Power and retirements by said company of said tion hereby granted be, and the same is and Light Company, General Public Util­ preferred stock effected for the purpose of granted in addition to, and without prej­ ities, Inc., Southwestern Public Service satisfying the sinking fund requirements udice to any other exemption which may Company et al., Pile No. 70—282; in the so imposed shall be exempt from any re­ now or hereafter be available to said matter of Southwestern Public Service quirement of the Public Utility Holding Southwestern Public Service Company Company, File No. 70-709. Company Act of 1935 and of any rule or under any rule, regulation, or order of .Community Power and Light Com­ regulation of this Commission promul­ this Commission. pany, General Public Utilities, Inc., and gated: pursuant to said Act that a regis­ It is further ordered, That the order of. Southwestern Public Service Company, tered holding company shall acquire, re­ this Commission entered herein on Sep­ each of said named companies being a tire, or redeem any security of which it tember 14, 1942, be, and the same is registered holding company, and com­ is the issuer only after an application in hereby amended and supplemented as of panies subsidiary thereto having hereto­ respect thereof has been approved by the date thereof by the terms and con­ fore filed applications and declarations, this Commission or a declaration in re­ ditions of this present order hereinabove and amendments thereto, pursuant to spect thereof has been permitted to be­ set forth. section 11 (e) of the Public Utility Hold­ come effective; . And it is further ordered, That, the ing Company Act of 1935 and other sec­ The Commission having considered declaration of Southwestern Public Serv­ tions of said Act (File No. 70-282), said request and the record in this pro­ ice Company, designated by the Com­ whereby Said applicants sought approval ceeding and finding that the granting mission’s File No. 70-709, for the ap­ of a plan for the reorganization of the thereof, subject to certain conditions proval of certain acquisitions and retire­ holding company system of which each hereinafter recited, is appropriate in the ments by said declarant of its preferred of said companies constituted a part ordinary course of business of said South­ stock be, and the same is hereby dis­ and authorization for certain particular western Public Service Company and is missed. « transactions embraced within said plan in the public interest and in the interest By the Commission. or incidental thereto, and the Commis­ of investors and consumers; [SEAL] ORVAL L . D U BO IS, And it further appearing to the Com­ Secretary. sion, after appropriate proceedings, hav­ mission that the amendment of said or­ ing made and entered its findings and der of September 14, 1942, presently re­ [F. R. Doc. 43-8950; Filed, June 2, 1943; opinion thereon, and having on July 8, 9:38 a. m.] 1942 entered its order approving said quested will render further consideration plan subject to certain reservations of of said declaration for approval (!File No. jurisdiction and subject to certain con­ 70-709) unnecessary and inappropriate; [File No. 70-719] ditions recited therein, and having there­ It is hereby ordered, That Southwest­ Consolidated E lectric and G as Co. and after on September 14, 1942 made ern Public Service Company be, and it is T he I slands G as and E lectric Co. certain supplementary findings in said hereby granted exemption from any re­ proceeding and having on said date last quirement of said Act or any requirement NOTICE OF FILING AÑD ORDER FOR HEARING mentioned entered an order supplemen­ of any rule or regulation of the Commis­ At a regular session of the Securities tal and amendatory of said order of July sion promulgated pursuant thereto, and Exchange Commission, held at its 8, 1942 by which supplemental order the presently or hereafter at any time in ef­ office in the City of Philadelphia, Penn­ issuance and sale of certain securities fect, that acquisitions, redemptions, and sylvania, on the 31st day of May, A. D. by Southwestern Public Service Com­ retirements by said company of its 6%% 1943. pany (into which said Community Power Cumulative Preferred Stock shall be Notice is hereby given that joint dec­ and Light Company and General Public made only after an application in respect larations or applications (or both) have Utilities, Inc. were merged) were au­ thereof has been granted by the Com­ been filed with this Commission, pursu­ thorized subject to certain conditions in mission or a declaration in respect there­ ant to the Public Utility Holding Com­ said later order set forth, it having been of has been permitted by the Commission pany Act of 1935, by Consolidated Elec­ particularly provided by said order as to become effective; Provided, That the tric and Gas Company (“Cegco”) , a reg­ a condition thereof, among others, that exemption hereby granted be, and the istered holding company, and The Islands so long as any of the 6 V2 % Cumulative same is hereby expressly limited and Gas and Electric Company (“Islands”), Preferred Stock of Southwestern Public conditioned as follows: a subsidiary of Cegco and also a holding Service Company should remain out­ (a) The exemption hereby granted company. All interested persons are re­ standing that company should provide shall extend only to acquisitions and re­ ferred to said documents which are on for a sinking fund for the retirement of tirements by Southwestern Public Serv­ file in the office of this Commission for a such preferred stock in the amounts and ice Company of the 6y2% Cumulative statement of the transactions therein to the extent and in the manner set forth Preferred Stock of that company made proposed which are summarized as fol­ in Appendix “A’’ attached to and made for the purpose of satisfying the sinking lows: a part of said order; fund requirements imposed in respect of Islands presently owns all of the out­ Southwestern Public Service Company said stock by this Commission’s order standing capital stock (with the excep­ having on April 22, 1943, filed a declara­ entered in this proceeding on September tion of five shares which are publicly tion (File No. 70-709) pursuant to Rule 14, 1942, and made in accordance with held) of Manila Gas Corporation, a gas U-42 of this Commission whereby said the provisions of Appendix “A” of said utility company operating in the City of declarant sought approval by this Com­ order from “Net Earnings of the Com­ Manila in the Philippine Islands. mission of the proposed acquisitions and pany Available for the Sinking Fund” as Cegco proposes to file a consolidated retirements by it, from time to time, of in said appendix defined or from earned federal income and excess profits tax re­ such amounts of its outstanding 6 ^2% surplus; turn for the year 1942 in which it will Cumulative Preferred Stock as might be (b) The exemption provided by this claim as a war loss under section 127 of necessary for satisfaction of the sinking order shall be limited to acquisitions, re­ the Internal Revenue Code the sum of fund requirements in respect of such demptions, and retirements of said 6y2% $1,750,000, represented to be the cost (for stock imposed by the order of this Com­ Cumulative Preferred Stock to such ag­ tax purposes) of the capital stock of 7410 FEDERAL REGISTER, Thursday, June 3, 1943 Manila Gas Corporation owned by It appearing to the Commission that it tend to circumvent any provisions of the Islands. is appropriate in the public interest and Act or the Rules, Regulations or Orders It is estimated that such action will in the interest of investors and consum­ promulgated thereunder; and result in a tax saving to the Cegco hold­ ers that a hearing be held with respect (6) Whether, if the transactions pro­ ing company system of approximately to said declarations or applications (or posed are authorized by the Commission, $1,417,000, none of which, however, will both), and that said declarations or ap­ it is necessary or appropriate to impose be realized by Islands. Cegco accord­ plications (or both), shall not become terms or conditions in the public inter­ ingly proposes to make donations to Is­ effective or be granted except pursuant est or for the protection of investors or lands of sums not to exceed in the ag­ to further order of the Commission. consumers and, if so, what such terms gregate the amount of such tax savings It is ordered, That a hearing on said and conditions should be. and to make an immediate donation to declarations or applications (or both) By the Commission. Islands in the amount of $800,000. under the applicable provisions of the [seal] Or val L. D tjB ois, Islands, in turn, proposes to apply such Act and the rules of the Commission Secretary. $800,000 toward the reduction of its thereunder be held on June 14, 1943 at bonded debt as hereinafter set forth. 10:00 a. m., e. w. t., in the offices of the [F. R. Doc. 43-8949; Filed, June 2, 1943; The bonded debt of Islands presently Securities and Exchange Commission, 9:38 a. m.] consists of (1) its First Lien Collateral 18th and Locust Streets, Philadelphia, Trust 5%% Bonds, due October 1, Pennsylvania. On such day the hear­ 1943 (originally issued under the ing-room clerk in Room 318 will advise [File No. 70-727] name of The Manila Gas Company) out­ as to the room in which such hearing O g d e n C o r po r a t io n standing in the aggregate principal will be held. amount of $598,500 and (2) its Twenty- It is further ordered, That Robert P. NOTICE REGARDING FILING Five-Year 5% % Sinking Fund Secured Reeder or any other officer or officers of At a regular session of the Securities Gold Bonds, Series A, due March 1, 1953 the Commission designated by it for that and Exchange Commission, held at its (originally issued under the name of The purpose shall preside at such hearing. office in the City of Philadelphia, Pa., on Islands Edison Company) outstanding in The officer so designated to preside at the 1st day of June, A. D. 1943. the principal amount of $2,363,500. The such hearing is hereby authorized to ex­ Notice is hereby given that a declara­ above mentioned collateral trust bonds of ercise all powers granted to the Commis­ tion or application (or both) has been Islands are all owned by Cegco. Cegco sion under section 18 (c) of said Act and filed with this Commission pursuant to also owns $1,545,000 of said outstanding to a Trial Examiner under the Commis­ the Public Utility Holding Company Act Series A bonds of Islands, $35,000 princi­ sion’s Rules of Practice. of 1935 by Ogden Corporation, a reg­ pal amount of said latter bonds being It is further ordered, That any other istered holding company. held in the treasury of Islands, and the person desiring to be heard in connection Notice is further given that any inter­ remaining $783,500 principal amount with these proceedings or proposing to ested person may, not later than June 10, thereof being publicly held. The collat­ intervene herein shall file with the 1943, at 5:30 p. m., e. w. t., request the eral trust bonds of Islands and the Series Secretary of the Commission, on or be­ Commission in writing that a hearing be A bonds of Islands so owned by Cegco fore June 12, 1943, his request or appli­ held on such matter, stating the reasons are pledged to secure certain bonded cation therefore as provided by Rule for such request and the nature of his debt of Cegco. XVn of the Rules of Practice of the interest, or may request that he be noti­ Islands proposes to obtain the return Commission. fied if the Commission should order a of its said collateral trust bonds and It is further ordered, That the Sec­ hearing thereon. At any time there­ Series A bonds so owned by Cegco in the retary of the Commission shall serve after such application or declaration, as aggregate principal amount of $2,143,- notice of the hearing aforesaid by mail­ filed or as amended, may be granted or 500 by the issuance and delivery to Cegco, ing a copy of this order to Consolidated may become effective as provided in pursuant to the indenture presently se­ Electric and Gas Company and The Is­ Rule U-23 of the Rules and Regulations curing said Series A bonds, of a new lands Gas and Electric Company by reg­ promulgated pursuant to said Act, or the series of bonds,'to be designated “Series istered mail; and that notice of said Commission may exempt such transac­ B Bonds”, in a like aggregate principal hearing be given to all persons by publi­ tion as provided in Rules U-20 (a) and amount of $2,143,500, to mature March 1, cation of this order in the F ederal R egis­ U-100 thereof. Any such request should 1953 and to bear interest at the rate of ter. be addressed: Secretary, Securities and 4% per annum, which Series B Bonds It is further ordered, That, without Exchange Commission, 18th and Locust Cegco will pledge to secure its own bonds limiting the scope of issues presented by Streets, Philadelphia, Pennsylvania. . in substitution for the Islands -bonds said declarations and applications other­ All interested persons are referred to presently held by it which it will sur­ wise to be considered in this proceeding, said application and declaration, which render to Islands. Islands, upon receipt particular attention will be directed at is on file in the office of the Commission, of said collateral trust bonds and said the hearing to the following matters and for a statement of the transactions Series A Bonds from Cegco, will cancel questions: therein proposed, which are summarized said Series A Bonds and will, for the time (1) Whether the issuance of securities below: being, pledge said collateral trust bonds by Islands complies with the require­ Ogden Corporation, a registered hold­ under the indenture presently securing ments of section 7 of the Act; ing company, proposes to pay out of sur­ said Series A Bonds and hereafter to (2) Whether the proposed acquisitions plus of May 31, 1943, a dividend on its secure said Series B Bonds. of securities comply with the require­ Common Stock at the rate of 75$ per Upon the completion of the exchanges ments of the applicable provisions of sec­ share, payable on June 28, 1943, to hold­ and substitutions of securities just de­ tion 10 of the Act and particularly with ers of record at the dose of business on scribed, and on or before the maturity the provisions of subsection 10 (c) (2) .June 14,1943. The aggregate amount of date of Islands’ said collateral trust thereof; this dividend will be $2,552,789.15. At bonds Islands will pay to the trustee of (3) Whether the proposed transac­ April 30,3 943, the Earned Surplusnf Og­ the indenture securing said Series A and tions will be detrimental to the financial den Corporation was $1,267,036.98, and said Series B Bonds the sum of $598,500 integrity of Cegco, Islands or any other its Capital Surplus was $4,526,214.04. in payment of said collateral trust bonds company in the Cegco holding company Ogden Corporation has requested that so pledged and will also pay to such trus­ system; the Commission enter an order permit­ tee the further sum of $204,587.50, which (4) Whether the proposed allocation ting this declaration to become effective two sums last mentioned will together of the anticipated tax saving among the on or before June 14, 1943. be sufficient and will be used, for the companies in the Cegco holding com­ By the Commission. pany system is fair; redemption of the remaining Series A [seal] O rval L. D uB ois, Bonds of Islands, namely, those out­ (5) Generally, whether, in any respect, Secretary. standing in the hands of the public, those the proposed transactions are detrimen­ Series A Bonds in the treasury of Islands tal to the public interest or to the in­ [F. R. Doc. 43-8951; Filed, June 2, 1948? to be surrendered by it for cancellation. terests of investors or consumers or will 9:39 a. m.]