^ 0 N A L 4 *C, EDERAL REGISTER \ 1934 /\? VOLUME 4 * ^AflTED ^ NUMBER 122
Washington, Saturday, June 24, 1939
The President Rules, Regulations, Orders CONTENTS THE PRESIDENT Executive Order: Page EXECUTIVE ORDER TITLE 7—AGRICULTURE Effective date of election by re- E ffective D ate o f E l e c t io n b y R etired BUREAU OF AGRICULTURAL / ^ fire d Foreign Service offi F oreign S ervice O ffic e r s t o R e c eive ECONOMICS cers to receive reduced an R educed A n n u it ie s nuities ______2475 P art 29— T h e T obacco I n s p e c t io n A ct RULES, REGULATIONS, WHEREAS section 26 (e) of the act of ORDER OF DESIGNATION OF TOBACCO ORDERS February 23, 1931, 46 Stat. 1207, 1211, MARKETS as amended by section 3 of the act of T it l e 7— A g r ic u l t u r e : April 24, 1939, Public, No. 40, 76th Con Adel, Douglas, and Nashville, Georgia Bureau of Agricultural Eco nomics: gress, 1st Session, provides, in part, as Whereas, The Act of Congress ap follows: Douglas, and Nashville, proved August 23, 1935 (49 Stat., 731; Ga., tobacco markets des 7 UJ5.C., Sup. I, Chap. 21A) entitled “Provided further, That a retired officer ignated______2475 “The Tobacco Inspection Act” contains Bureau of Entomology and who is receiving an annuity on the effec the following provisions: tive date of this Act, if the husband of a /Plant Quarantine: wife to whom he was married at the time Sec. 2. That transactions in tobacco in l/Japanese beetle quarantine volving the sale thereof at auction as com regulations, modifica of his retirement and for a total period monly conducted at auction markets are of at least five years, shall be entitled affected with a public interest; that such tions ______2476 under the same terms and conditions set transactions are carried on by tobacco pro T it l e 16—C o m m e r c ia l P r a c t ic e s: ducers generally and by persons engaged in Ceape and desist orders: forth above, to elect to receive a reduced the business of buying and selling tobacco annuity, a portion of which will be con in commerce; that the classification of to ¿/ tified by an authorized representative of the Secretary according to the standards estab of the Department of Agriculture to be lished under this Act, except that the Secre affixed in the City of Washington, this tary may temporarily suspend the require 22d day of June 1939. ment of inspection and certification at any designated market whenever he finds it im [ s e a l ] H. A. W allace, practicable to provide for such inspection Secretary of Agriculture. and certification because competent inspec tors are not obtainable or because the quan [F. R. Doc. 39—2187; Filed, June 22 1939- tity of tobacco available for inspection is 3:05 p. m.] ’ * Published by the Division of the Federal insufficient to justify the cost of such serv Register, The National Archives, pursuant to ice: Provided,, That, in the event competent the authority contained in the Federal inspectors are not available, or for other rea Register Act, approved July 26, 1935 (49 sons, the Secretary is unable to provide for BUREAU OF ENTOMOLOGY AND Stat. L. 500), under regulations prescribed such inspection and certification at all auc PLANT QUARANTINE by the Administrative Committee, with the tion markets within a type area, he shall first approval of the President. designate those auction markets where the [BEPQ— Q. 48] The Administrative Committee consists of greatest number of growers may be served the Archivist or Acting Archivist, an officer with the facilities available to him. No fee M odifications o f Japanese B eetle of the Department of Justice designated by or charge shall be imposed or collected for Q u a r a n t in e R e g u lat io n s the Attorney General, and the Public Printer inspection or certification under this section or Acting Public Printer. at any designated auction market. Nothing Introductory Note The daily issue of the Federal R egister contained in this Act shall be construed to will be furnished by mail to subscribers, free .prevent transactions in tobacco at markets The following amendment to the Jap of postage, for $1 per month or $10 per year; not designated by the Secretary or at desig anese beetle quarantine regulations adds single copies 10 cents each; payable in ad nated markets where the Secretary has sus vance. Remit by money order payable to pended the requirement of inspection or to to the regulated area four townships in Superintendent of Documents, Government authorize the Secretary to close any market. Cuyahoga County, Ohio, bringing the Printing Office, Washington, D. C. entire county within the area. T h is ex Correspondence concerning the publica and tension parallels action already taken by tion of the F ederal R egister should be ad Whereas, pursuant to said Act refer the Ohio Department of Agriculture to dressed to the Director, Division of the endums have been held among the grow Federal Register, The National Archives, relieve a traffic situation encountered in ers of flue-cured tobacco who sold to Washington, D. C. the operation of vehicular inspection bacco at auction on the Adel, Douglas, stations on westbound highways from and Nashville, Georgia markets during the Cleveland area. With the extension the last marketing season, in which ref CONTENTS— Continued of the continuous regulated area to in erendums said growers were given an clude that city, certification is required opportunity to vote for or against the T it l e 30— M in e r a l R e s o u r c e s : for all restricted commodities moving National Bituminous Coal Com designation as provided in Section 5 of from Cleveland to nonregulated terri mission : Page said Act; and tory. Rochester and Brighton, N. Y., “Distributors” , amendment of Whereas, more than two-thirds of the are now included as outlying regulated rules to require mainte growers voting in said referendums and areas subject to the same restrictions nance and observance of who sold tobacco at auction on said mar as apply to similar isolated points. prices and marketing kets during the last marketing season Another change included in this rules by______2486 voted in favor of said designation, amendment is the omission of regulated T it l e 47—T elecommunication : § 29.301 (1) Designation of tobacco portions of Steuben County, N. Y., other Federal Communications Com markets. than the town of Homellsville, from the mission: Now, therefore, by virtue of the au isolated areas to which the movement General Rules and Regula thority conferred upon me by Section 5 of certain quarantined articles was here tions, amendment of Ap of The Tobacco Inspection Act and the tofore required to be certified. pendix B ______2487 affirmative results of the referendums A section of Regulation 7 exempting NOTICES conducted thereunder, the flue-cured to from the certification requirements cer bacco markets of Adel, Douglas, and tain types of sand and clay is reworded Federal Trade Commission: to clarify the requirement. jfQoe, A. S., Co., complaint and Nashville, Georgia are designated as mar kets where tobacco bought and sold Requirements are modified for the cer notice of hearing______2487 tification of nursery and ornamental Averbach Co., Inc., et al., order thereon at auction, or the products man ufactured therefrom, moves in commerce. stock received by nurseries and green appointing examiner, etc_ 2489 houses within the regulated area, both It is hereby ordered that, effective 30 Securities and Exchange Commis- as to the infested and noninfested nur days from this date no tobacco shall be A,ion: series and greenhouses. -""Allied Chemical & Dye Corp., offered for sale at auction on the above- named markets until it shall have been T.ke A. S trong, holding company status___ 2489 Chief. Notice of and orders for hear- inspected and certified by an authorized y ings: representative of the United States De S Braddock Light & Power Co., partment of Agriculture according to AMENDMENT NO. 1 TO THE RULES AND REG In c ______2490 standards established under the Act: ULATIONS (SEVENTEENTH REVISION) SUP ^/Consolidated Electric and Gas Provided, however, That the requirement PLEMENTAL TO NOTICE OF QUARANTINE NO. Co ______2489 of inspection and certification may be 48 suspended at such times as it is found impracticable to provide inspection or Under authority conferred by the when the quantity of tobacco available Plant Quarantine Act of August 20, 1912 tors of internal revenue for the purpose of for inspection is insufficient to justify (37 Stat. 315), as amended by the Act of obtaining the names and addresses of grow Congress approved March 4, 1917 (39 ers who sold tobacco on any auction market, the cost of such service. No fee or charge and the Secretary shall determine from said shall be imposed or collected for the in Stat. 1134, 1165), it is ordered that reg records the eligibility of such grower to vote spection and certification of tobacco sold ulations 3, 5, 6, 7, and 9 (Secs. 301.72-3, in such referendum, and no grower shall be 5, 6, 7, and 9) of the rules and regula eligible to vote in more than one referendum. or offered for sale at auction on the After public notice of not less than thirty markets designated herein. (49 Stat., tions (seventeenth revision) supple days that any auction market has been so 731; 7 U.S.C., Sup. I, Chap. 21A) mental to Notice of Quarantine No. 481 designated by the Secretary, no tobacco shall be offered for sale at auction on such market In testimony whereof, I have hereunto until it shall have been inspected and cer set my hand and caused the official seal 14 F.R. 961 DI. FEDERAL REGISTER, Saturday, June 24, 1939 2477 (S e c. 301.48) on account of the Japanese Hagerstown (Nos. 3, 17, 21, 22, 24, and Champion, Fowler, Hartford, Howland, beetle, which were promulgated Feb 25), Halfway (No. 26), Leitersburg (No. Hubbard, Liberty, Lordstown, Newton, ruary 16, 1939, are hereby amended to 9), Sandy Hook (No. 11), Sharpsburg Southington, Warren, Weathersfield, read as follows: (No. 1), and Williamsport (No. 2), in and Vienna, the cities of Niles and Washington County; election districts of Warren, and the villages of Cortland, Regulation 3 Camden (No. 13), Delmar (No. 11), Den Girard, Hubbard, McDonald, Newton § 301.48-3 Regulated areas. In ac nis (No. 6), Fruitland (No. 16), Nutters Falls, and Orangeville, in Trumbull cordance with the provisos to Notice of (No. 8), Parsons (No. 5), Pittsburg (No. County. Quarantine No. 48 (twelfth revision) 4), Salisbury (No. 9), and the town of Pennsylvania. The entire State, ex (Sec. 301.48), the Secretary of Agricul Salisbury, Trappe (No. 7), and Willards cept Crawford, Erie, Forest, and Ve ture designates as regulated areas for .(No. 14), in Wicomico County. nango Counties, Mercer Township in the purpose of these regulations the Massachusetts. The entire State. Butler County, Ashland, Beaver, Elk, States, District, counties, townships, New Hampshire. Counties of Belknap, Richland (including the boroughs of towns, cities, election districts, and mag Cheshire, Hillsboro, Merrimack, Rocking Foxburg and St. Petersburg), Salem, isterial districts listed below, including ham, Strafford, and Sullivan; towns of and Washington Townships, in Clarion all cities, towns, boroughs, or other po Brookfield, Eaton, Effingham, Freedom, County; townships of Coolspring, Beer litical subdivisions within their limits: Madison, Moultonboro, Ossipee, Sand Creek, Delaware, East Lackawannock, wich, Tam worth, Tuftonboro, Wakefield, Fairview, Findley, French Creek, Greene, Connecticut. The entire State. and Wolfeboro, in Carroll County; towns Hempfield, Jackson, Jefferson, Lacka Delaware. The entire State. of Alexandria, Ashland, Bridgewater, wannock, Lake, Liberty, Mill Creek, District of Columbia.—The entire Dis Bristol, Canaan, Dorchester, Enfield, New Vernon, Otter Creek, Perry, Pine, trict. Grafton, Groton, Hanover, Hebron, Pymatuning, Salem, Sandy Creek, Maine. County of York; towns of Au Holdemess, Lebanon, Lyme, Orange, and Sandy Lake, South Pymatuning, Spring- burn and Lewiston, in Androscoggin Plymouth, in Grafton County. field, Sugar Grove, West Salem, W il County; towns of Cape Elizabeth, Gor New Jersey. The entire State. mington, Wolf Creek, and Worth, and ham, Gray, New Gloucester, Raymond, New York. Counties of Albany, Bronx, the boroughs of Clarksville, Fredonia, Scarboro, Standish, and the cities of Broome, Chemung, Chenango, Columbia, Greenville, Grove City, Jackson Center, Portland, South Portland, Westbrook, Cortland, Delaware, Dutchess, Fulton, Jamestown, Mercer, New Lebanon, and Windham, in Cumberland County; Greene, Kings, Madison, Montgomery, Sandy Lake, Sheakleyville, and Stone- the city of Waterville, in Kennebec Nassau, New York, Oneida, Onondaga, boro, in Mercer County; and the town County; and the city of Brewer, in Orange, Otsego, Putnam, Queens, Rens ships of Brokenstraw, Cherry Grove, Penobscot County. selaer, Richmond, Rockland,. Saratoga, Columbus, Conewango, Deerfield, Eldred, Maryland. Counties of Cecil, Kent, Schnectady, Schoharie, Suffolk, Sullivan, Farmington, Freehold, Limestone, Pine Queen Annes, Somerset, and Worcester; Tioga, Ulster, Washington, and West Grove, Pittsfield, Pleasant, Southwest, the city of Baltimore; the city of Cum chester; towns of Red House and Sala Spring Creek, Sugar Grove, Triumph, berland, the town of Frostburg, and elec manca, and the city of Salamanca, in Watson (including the boroughs of Bear tion districts Nos. 4, 5, 6, 7, 11, 12, 14, Cattaraugus County; towns of Amherst, Lake, Grand Valley, Sugar Grove, \ 22, 23, 24, 26, 29 31 and 32, in. Allegany Cheektowaga, and Tonawanda, and the Tidioute, and Youngsville), in Warren County; the city of Annapolis and elec cities of Buffalo and Lackawanna, in Erie County. tion districts Nos. 2 3, 4, and 5, in Anne County; towns of Columbia, Danube, Rhode Island. The entire State. Arundel County; election districts Nos. Fairfield, Frankfort, German Flats, Vermont. Counties of Bennington, I, 2, 3, 8, 9,11,12,13,14, and 15, in Balti Herkimer, Litchfield, Little Falls, Man- Rutland, Windham, and Windsor; and more County; all of Caroline County ex heim, Newport, Salisbury, Schuyler, the town of Burlington, in Chittenden cept election districts of American Cor Stark, Warren, and Winfield, and the County. ners (No. 8) and Hillsboro (No. 6 ); the city of Little Falls, in Herkimer County; Virginia. Counties of Accomac, Ar city of Westminster, and election dis town of Watertown and city of Water- lington, Culpeper, Elizabeth City, Fair tricts of Freedom (No. 5), Hampstead town, in Jefferson County; town of fax, Fauquier, Henrico, Loudoun, Nor (No. 8), New Windsor (No. 11) and West Mount Morris and village of Mount Mor folk, Northampton, Prince William, Prin minster (No. 7), in Carroll County; elec ris, in Livingston County; city of Roch cess Anne, and Stafford; magisterial dis tion districts of La Plata and White ester and town of Brighton, in Monroe tricts of Dale and Manchester, in Ches Plains, in Charles County; election dis County; towns of Catherine, Cayuta, Dix, terfield County; magisterial district of tricts of Cambridge (No. 7), East New Hector, Montour, and Reading, and the Sleepy Hole, in Nansemond County; Market (No. 2), Hurlock (No. 15), and borough of Watkins Glen, in Schuyler magisterial district of Courtland, in Williamsburg (No. 12), in Dorchester County; towns of Caton, Corning, Horn Spotsylvania County; Camp Stuart, in County; election districts of Brunswick by, and Hornellsville, and the cities of Warwick County; magisterial district of (No. 25), Buckeystown (No. 1), Freder Corning and Homell, in Steuben County; Washington, in Westmoreland County; ick (No. 2), Jefferson (No. 14), New Mar towns of Caroline, Danby, Dryden, En and the cities of Alexandria, Fredericks ket (No. 9), and Petersville (No. 12), in field, Ithaca, Newfield, and the city of burg, Hampton, Newport News, Norfolk, Frederick County; County of Harford, Ithaca, in Tompkins County; towns of Portsmouth, Richmond, South Norfolk, except election district of Marshall (No. Luzerne and Queensbury and the city of and Suffolk. 4); election districts of Elkridge (No. 1), Glens Falls, in Warren County. West Virginia. Counties of Hancock, Ellicott City (No. 2), Guilford (No. 6), Ohio. Counties of Carroll, Colum Harrison, Marion, Monongalia, and Tay and West Friendship (No. 3), in Howard biana, Cuyahoga, Harrison, Jefferson, lor; districts of Arden, Hedgesville, Fall County; election districts of Colesville Mahoning, Portage, Stark, Summit, and ing Waters, and Opequon, and the city (No. 5), and Rockville (No. 4 )vin M ont Tuscarawas; the city of Coshocton, in of Martinsburg, in Berkeley County; the gomery County, and those portions of Coshocton County; the city of Colum towns of Bolivar and Harpers Ferry, in the election districts of Bethesda (No. bus, and villages of Bexley, Grandview, Jefferson County; town of Keyser and 7), and Wheaton (No. 13) in said county Grandview Heights, Hanford, Marble district of Frankfort, in Mineral County; located within the established boundaries Cliff, and Upper Arlington, in Franklin the city of Wheeling, in Ohio County; of the so-called “Washington Suburban County; the township of Newark and and the city of Parkersburg, in Wood Sanitary District” ; all of Prince Georges city of Newark, in Licking County; the County.2 County except the election districts of city of Toledo, in Lucas County; the Aquasco (No. 8), and Nottingham (No. township of Madison and the city of J, >:„ towns of Easton and Oxford, inMansfield, in Richland County; town *§§301.48-3, 5, 6, 7, and 9 issued under election districts of authority of Section 8, 37 Stat. 318; 39 Stat. 1 albot County; ships of Bazetta, Braceville, Brookfield, 1165; 44 Stat. 250; 7 U.S.C. 161. 2478 FEDERAL REGISTER, Saturday, June 24, 1939 Regulation 5 Virginia. Counties of Accomac, Ar danger of dissemination of Japanese lington, and Northampton. § 301.48-5 Restrictions on the move beetle to uninfested localities, measures to eliminate infestation may be required ment of fruits and vegetables— A. Con Provided, That the Chief of the Bu as a condition of futher transportation or (1) Unless a certifi reau of Entomology and Plant Quaran trol of movement. delivery. cate or permit shall have been issued tine may by administrative instructions therefor, by an inspector, except as pro extend or reduce the areas specified in B. Conditions of certification. Certifi this regulation when in his judgment vided in paragraphs (a) to (e), inclu cated may be issued for the interstate sive, of this regulation: (i) No green such action is considered advisable. movement of fruits and vegetables to corn on the cob, beans in the pod, (a) No restrictions are placed on the -points outside the regulated areas be bananas, apples, peaches, blackberries, interstate movement of fruits and vege tween June 15 and October 15, inclusive, blueberries, huckleberries, or raspberries tables between October 16 and June 14, under one of the following conditions: shall be moved or allowed to be moved inclusive. interstate from any regulated area to (b) No certificate or permit will be (3) When the fruits and vegetables, or through any point outside thereof; required for the interstate movement of moving from a point in the regulated and (ii) no fruits and vegetables of any fruits and vegetables when transported area other than that specified in para kind shall be moved or allowed to be by a comon carrier on a through bill of graph (1) of this regulation, or moving moved interstate via refrigerator car or lading either from an area not under from such designated area other than motortruck from the State, District, regulation through a regulated area to by refrigerator car, have actually been counties, election districts, townships, another nonregulated area, or from a inspected by the United States Depart towns, or cities listed below to or through regulated area through a nonregulated ment of Agriculture and found free from any point outside of the regulated areas: area to another regulated area, except infestation. The number of inspection that a certificate is required for inter points for such certification will be Delaware. The entire State. limited and their location determined by District of Columbia. The entire Dis state movement from the main regulated area to Brewer and Waterville, Maine; shipping needs and further conditioned trict. Brighton, Buffalo, Homell, Mount Mor on the establishment at such points of Maryland. Counties of Cecil, Kent, provisions satisfactory to the inspector Queen Annes, Somerset, and Worcester; ris, Rochester, and Watertown, and the town of Homellsville, Steuben County, for the handling and safeguarding of the city of Baltimore; election districts such shipments during inspection. Such No. 12 and No. 15, in Baltimore County; N. Y., or to other regulated parts of Erie, Jefferson, and Livingston Counties, inspection may be discontinued and cer all of Caroline County, except election tification withheld by the inspector dur districts of American Corners (No. 8) N. Y.; Columbus, Coshocton, Mansfield, Newark, and Toledo, Ohio, or to other ing periods of general or unusual flight and Hillsboro (No. 6 ); election districts of the beetles. of Cambridge (No. 7), East New Market regulated parts of Licking and Richland (4) When the fruits and vegetables (No. 2), Hurlock (No. 15), and Williams Counties, Ohio; Burlington, Vt.; and have been handled or treated under the burg (No. 12), in Dorchester County; Parkersburg and Wheeling, W. Va. No observation of an inspector in manner election districts of Abingdon (No. 1), restrictions are placed on the interstate and by method to free them from any Halls Cross Roads (No. 2), and Havre de movement of fruits and vegetables from infestation. Grace (No. 6), in Harford County; elec Brewer and Waterville, Maine; Brighton, tion districts of Camden (No. 13), Del- Buffalo, Hornell, Mount Morris, Roches (5) When the fruits and vegetables mar (No. 11), Dennis (No. 6), Fruitland ter, and Watertown, and the town of have originated outside of the regulated (No. 16), Nutters (No. 8), Parsons (No. Homellsville, Steuben County, N. Y., or areas and are to be reshipped directly 5), Pittsburg (No. 4), Salisbury (No. 9), from other regulated parts of Erie, from freight yards, transfer points, or un and the town of Salisbury, Trappe (No. Jefferson, and Livingston Counties, loading docks within such areas, under 7), and Willard (No. 14), in Wicomico N. Y.; Columbus, Coshocton, Mansfield, provisions satisfactory to the inspector for safeguarding of such shipments County. Newark, and Toledo, Ohio, or from other pending certification and reshipment. New Jersey. Counties of Atlantic, regulated parts of Licking and Richland Burlington, Camden, Cape May, Cum Counties, Ohio; Burlington, Vt.; and Certificates on this basis will be issued berland, Gloucester, Hunterdon, Mercer, Parkersburg and Wheeling, W. Va. without inspection only in cases where, Middlesex, Monmouth, Ocean, Salem, (c) No restrictions are placed on the in the judgment of the inspector, the Somerset, and Union. interstate movement of fruits and vege shipments concerned have not been ex Pennsylvania. Counties of Bucks, tables when they shall have been manu posed to infestation while within such Chester, Delaware, Lancaster, Montgom factured or processed in sueh a manner freight yards, transfer points, or unload ery, and Philadelphia; townships of Al that in the judgment of the inspector no ing docks. sace, Amity, Brecknock, Caernarvon, infestation could be transmitted. (6) When the fruits and vegetables Colebrookdale, Cumru, District, Doug (d) No restrictions are placed on the were grown in districts where the fact has lass, Earl, Exeter, Hereford, Lower Al interstate movement of any shipments been established to the satisfaction of the sace, Muhlenberg, Oley, Pike, Robeson, of (1) apples or peaches of less than 15 inspector that no infestation exists and South Heidelberg, Spring, Union, and pounds to the shipment; (2) bananas in are to be shipped directly from the farms Washington, the city of Reading, and single bunches packed in commercial con where grown to points outside the regu the boroughs of Bally, Bechtelsville, tainers; or (3) bananas singly, or in in- lated areas, or are shipped from infested Birdsboro, Boyertown, Mohnton, Mount I dividual hands. districts where the fact has been estab Penn, Saint Lawrence, Shillington, Sink (e) No restrictions are placed on the lished to the satisfaction of the inspec ing Spring, Temple, West Lawn, West interstate movement of commercially tor that the Japanese beetle has not be Reading, Wyomissing, and Wyomissing packed apples or commercially packed gun or has ceased its flight. Hills, in Berks County; townships of peaches in any quantity, except those (7) When the fruits and vegetables Londonderry, Lower Paxton, Lower Swa- moving via refrigerator cars or motor moving via refrigerator car from the area tara, Susquehanna, and Swatara, the trucks from the area listed in paragraph listed in paragraph (1) of this regulation, city of Harrisburg,-and the boroughs of (1) of this regulation. have been inspected and loaded in a Highspire, Middletown, Paxtang, Pen- (2) No restrictions are placed on themanner to prevent infestation, in a re brook, Royalton, and Steelton, in Dau interstate shipment from the regulated frigerator car with closed or adequately phin County; townships of Lower Mil areas of fruits and vegetables other than screened doors and hatches, which car ford, Upper Milford, and Upper Saucon, those mentioned above except that any prior to loading has been determined by and the boroughs of Coopersburg, and such interstate shipments of fruits and an inspector as fumigated or thoroughly Emaus, in Lehigh County; townships of vegetables may be inspected at any time swept and cleaned by the common carrier Lower Saucon and Williams, in North or place inside or outside the regulated I in a manner to rid it of infestation. Dur ampton County. areas and when actually found to involve ing the interval between fumigation or FEDERAL REGISTER, Saturday, June 24, 1939 2479 cleaning and loading such refrigerator with a copy certificate of the country tified by the inspector for shipment from car must be tightly closed and sealed. from which it was exported, a statement such premises without further inspec (8) When the fruits and vegetablesof the general nature and quantity of the tion, and without meeting the safeguards moving via refrigerator car from the contents, the name and address of the prescribed as a condition of interstate area listed in this regulation have been consignee, and Jhe country and locality shipment of plants originating in nur fumigated in the car, when deemed nec where grown. series or greenhouses of class m. essary in the judgment of the inspector (3) No restrictions are placed on the (6) Class III. (a) Nurseries, green-, and when the doors and hatches of the interstate movement between October 16 houses, and other premises concerned in car have been tightly closed or ade and June 14, inclusive, of cut flowers, the movement of nursery and orna quately screened under the supervision soil-free aquatic plants, and of portions mental stock on which either grubs in of an inspector.3 of plants without roots and free from the soil or one or more beetles have been Regulation 6 soil (such as branches, twigs and scions found, will be classified as class HI, pro of trees and shrubs, and Christmas vided, (i) there are maintained on the § 301.48-6 Restrictions on the move trees). premises subdivided class I areas, cer ment of nursery and ornamental stock— (4) No certificate or permit will be tified houses, frames, or plots, or other A. Control of movement. Nursery and required for the interstate movement of certified areas, or (ii) there is a legiti ornamental stock as defined in regula nursery and ornamental stock when mate need for interstate or mtradealer tion 1 (Sec. 301.48-1), shall not be moved transported by a common carrier on a certification of such stock. Such classi or allowed to be moved interstate from through bill of lading either from an fication will not be granted to nurseries, the regulated areas to or through any area not under regulation through a greenhouses, and other premises that do point outside thereof, unless a certificate regulated area, or from a regulated area not maintain certified or subdivided or permit shall have been issued there through a nonregulated area to another areas and require only infrequent cer for by the inspector except as follows: regulated area, except that a certificate tification. Such classification also may (1) The following articles, because of is required between June 15 and October be given to nurseries, etc., where one or their growth or production, or their 15 for interstate movement of cut more beetles or grubs are found in the manufactured or processed condition, flowers, aquatic plants, and of portions immediate proximity (within approxi are considered innocuous as carriers of of plants without roots and free from mately 500 feet) of such nurseries, etc., Infestation and are therefore exempt soil (such as branches, twigs, and scions on adjacent property or properties. In from the requirements of certification: of trees and shrubs, and Christmas the case of nursery properties under sin trees) from the main regulated areas gle ownership and management but rep (a) (i) True bulhs, corms, and tubers, to Brewer and Waterville, Maine; Brigh resented by parcels of land widely sep when dormant, except for storage ton, Buffalo, Homell, Mount Morris, arated, such parcels may be independ growth and when free from soil, and (ii) Rochester, and Watertown, and the town ently classified either as class I or class single dahlia tubers or small root dahlia of Homellsville, Steuben County, N. Y., m upon compliance with such condi divisions when free from stems, cavities, or to other regulated parts of Erie, Jef tions and safeguards as shall be required and soil. Dahlia tubers, other than sin ferson, and Livingston Counties, N. Y.; by the inspector. Similarly, unit nursery gle tubers or small root divisions meet Columbus, Coshocton, Mansfield, New properties, which would otherwise fall in ing these conditions, require certification. ark, and Toledo, Ohio, or to other regu class ni, may be open to subdivision, for (b) (i) Cut orchids, (ii) orchid plants, lated parts of Licking and Richland the. pur pose of rating such subdivisions when growing exclusively in Osmunda Counties, Ohio; Burlington, Vt.; and in classes I or in, when in the judgment fiber, (iii) Osmunda fiber, Osmundine, Parkersburg and Wheeling, W. Va. No of the inspector such action is warranted or orchid peat ( Osmunda cinnamomea, restrictions are placed on the interstate by recent and scanty infestation limited and O. claytoniana). movement between June 15 and October to a portion of the nursery concerned: (c) (i) Floral designs or “ sét pieces,” 15 of cut flowers, aquatic plants, and Provided, That the subdivision contain including wreaths, sprays, casket covers, of portions of plants without roots and ing the infestation shall be clearly and all formal florists’ designs; bouquets free from soil (such as branches, twigs, marked by boundaries of a permanent and cut flowers not so prepared are not and scions of trees and shrubs, and nature which shall be approximately 500 exempted; (ii) trailing arbutus, or May Christmas trees) from Brewer and Wa feet beyond the point where the infesta flower (Epigaea repens), when free from terville, Maine; Brighton, Buffalo, Hor- tion occurs. soil or primary roots, and when shipped nell, Mount Morris, Rochester, and (b) Upon compliance with paragraphs during the period between October 16 Watertown, and the town of Homells (7), (10), and (11) of this regulation, and June 14, inclusive. ville, Steuben County, N. Y., or from nursery and ornamental stock may be (d) (i) Herbarium specimens, when other regulated parts of Erie, Jefferson, certified by the inspector for shipment dried, pressed, and treated, and when so and Livingston Counties, N. Y.; Colum from such premises under any one of labeled on the outside of each container bus, Coshocton, Mansfield, Newark, and the following conditions: (i) That the of such materials, (ii) balsam pillows, Toledo, Ohio, or from other regulated roots shall be treated by means approved when composed of balsam needles only, parts of Licking and Richland Counties, by the Bureau of Entomology and Plant (iii) mushroom spawn, in brick, flake, or Ohio; Burlington, Vt.; and Parkersburg Quarantine in manner and by method pure culture form, (iv) banana stalks, and Wheeling, W. Va. satisfactory to the inspector; or (ii) in when crushed, dried and shredded. B. Conditions governing the issuance the case of plants in which the root sys (e) (i) Sheet moss (Collier gon schri- of certificates and permits. For the pur tem is such that a thorough inspection beri and Thuridium recognitum), (ii) pose of certification of nursery and or may be made, that the soil shall be en resurrection plant or birds’-nest moss namental stock, nurseries, greenhouses, tirely removed from the stock by shak (Selaginella lepidophyUa), (iii) sphag and other premises concerned in the ing or washing; or (iii) that it shall be num moss, bog-moss, or peat moss movement of such stock will be classi shown by evidence satisfactory to the (Sphagnaceae), (iv) dyed moss, when fied as follows: inspector that the plants concerned were heat treated and appropriately labeled. produced in a certified greenhouse. (5) Class I. Nurseries, greenhouses, (2) No restrictions are placed on the and other premises concerned in the (7) Greenhouses of class H I may be interstate movement of nursery and or movement of nursery and ornamental certified upon compliance with all the namental stock imported from foreign stock on or within approximately 500 following conditions with respect to the countries when reshipped from the port feet of which no infestation has been greenhouses themselves and to all potting of entry in the unopened original con found may be classified as class I. Upon beds, heeling-in areas, hotbeds, cold- tainer and labeled as to each container compliance with the requirements of frames, and similar plots: paragraph (11) of this regulation, nur (a) Ventilators, doors, and all other 3 See footnote 2. sery and ornamental stock may be cer openings in greenhouses or coldframes on 2480 FEDERAL REGISTER, Saturday, June 24, 1939 premises in class H I shall be kept screened stock, sand, if contaminated with vege moved interstate from any point in the in manner satisfactory to the inspector table matter, soil, earth, peat, compost, regulated areas to or through any point during the period of flight of the beetle, and manure both to points outside the outside thereof unless a certificate or namely, south of the northern boundaries regulated areas and to other classified permit shall have been issued therefor by of Maryland and Delaware between June nurseries or greenhouses within the reg the inspector, except as follows: ulated area. Certification may be denied 1 and October 1, inclusive, or north there (1) No restrictions are placed on the to any person who has omitted to make of between June 15 and October 15, in interstate movement of (a) sand and clay the report required by this regulation, clusive. when free from vegetable matter; (b) and such denial of certification shall con (b) Prior to introduction into nurseries greensand-marl; and (c) such other tinue until the information so omitted or greenhouses, sand, if contaminated sands and clays as have been treated or has been supplied. with vegetable matter, soil, earth, peat, processed and subsequently handled in compost, or manure taken from infested (11) Nurserymen, florists, dealers, and such manner that in the judgment of the locations or which may have been ex others, in order to maintain a class I inspector no Japanese beetle could exist posed to infestation, must be sterilized or status, or to maintain, in a class III es therein, provided that each container of fumigated under the direction and super tablishment, a class I subdivision, a cer such article shall be labeled on the out vision of, and in manner and by method tified plot, or a certified greenhouse, (a) side thereof as to nature of contents, ex satisfactory to the inspector. If such shall restrict their purchases or receipts cept that in the case of bulk shipments sand, soil, earth, peat, compost, or of nursery and ornamental stock, sand, such label shall accompany the waybill manure is not to be immediately used in if contaminated with vegetable matter, or other shipping papers. such greenhouses, it must be protected soil, earth, peat, compost, and manure, (2) No restrictions are placed on the from possible infestation in manner and secured within the regulated area and in interstate movement of manure, peat, by method satisfactory to the inspector. tended for use on class I or certified compost, or humus la) when dehydrated ,(c) All potted plants placed in certi premises, to articles which have been cer and either shredded, ground, pulverized, fied greenhouses of class III and all tified under these regulations as to each or compressed, or (b) when treated with potted plants to be certified for inter such article and the said certificate shall crude petroleum or any other product state movement therefrom (i) shall be accompany the article when moved; (b) having high potency as an insecticide, potted in certified soil; (ii) shall, if shall obtain approval of the inspector and when so labeled on the outside of grown outdoors south of the northern before such articles are received on class each commercial container of such boundaries of Maryland and Delaware I or certified premises or are taken into materials. at any time between June 1 and October certified greenhouses; (c) shall report (3) No restrictions are placed on the 1, inclusive, or north thereof at any time immediately in writing all purchases or interstate movement'of sand, soil, earth, between June 15 and October 15, inclu receipts of such articles secured from peat, compost, and manure imported sive, be kept in screened frames while within the regulated area for use on such from foreign countries when reshipped outdoors; (iii) shall, if grown outdoors premises; and (d) shall also report im from the port of entry in the unopened during any part of the year, be placed in mediately on forms provided for that pur original container and labeled as to beds in which the soil or other material pose all their sales or shipments of such each container with the country of shall have been treated in manner and articles both to points outside the regu origin, and when the shipment is fur by method approved by the Bureau of lated areas and to other classified nur ther protected in manner or method Entomology and Plant Quarantine to series or greenhouses within the regu satisfactory to the inspector. eliminate infestation; and (iv) shall com lated areas. Certification may be denied (4) No certificate will be required for ply with such other safeguards as may to any person who has omitted to make the interstate movement of sand, soil, bo required by the inspector. the report or reports required by this earth, peat, compost, and manure when regulation, and such denial of certifica (8) Cut flowers and other parts of transported by a common carrier on a tion shall continue until the information plants without roots or soil may be cer through bill of lading either from an so omitted has been supplied. tified for movement either (a) when area not under regulation through a they have been inspected by an inspec (12) Nursery and ornamental stock regulated area, or from a regulated area tor and found free from infestation, or imported from foreign countries and not through a nonregulated area to another (b) when they have been grown in a reshipped from the port of entry in the regulated area. greenhouse of class I or in a certified unopened original container may be cer tified for movement under these regula B. Conditions of certification. Certifi greenhouse of class III and are trans cates for the movement of restricted ported under such safeguards as will in tions when such stock has been inspected by an inspector and found free from in sand, soil, earth, peat, compost, and the judgment of the inspector prevent manure may be issued under any one infestation. (See also paragraph (3) of festation. of the following conditions: this regulation.) (13) Nursery and ornamental stock (9) Nursery and ornamental stock originating outside the regulated areas (5) When the articles to be moved originating on or moved from unclassi and certified stock originating in classi have originated in districts included in fied premises may be certified by the fied nurseries or greenhouses may be cer the regulated area, but in which neither inspector under either one of the fol tified for reshipment from premises other beetles nor grubs in soil have been lowing conditions: (a) That the soil shall than those on which they originated, found. be entirely removed from the stock, or under provisions satisfactory to the in (6) When the material consists of (b) that the roots shall be treated by spector for the safeguarding of such stock fresh manure or of mined, dredged, or means approved by the Bureau of En from infestation at the point of reship other similar materials, and it has been tomology and Plant Quarantine in man ment and en route, and when found ad determined by an inspector that no ner and by method satisfactory to the visable by the inspector, after reinspec infestation could exist therein. inspector, or (c) that it shall be shown tion and determination of freedom from (7) When the material has been re by evidence satisfactory to the inspector infestation.4 moved, under the supervision of an in that the accompanying soil was obtained spector, from a depth of more than 12 Regulation 7 at such points and under such condi inches below the surface of the ground tions that in his judgment no infestation § 301.48-7 Restrictions on the move and either (a) is to be moved between could exist therein. ment of sand, soil, earth, peat, compost, October 16 and June 14, inclusive, or (b> (10) Nurserymen, florists, dealers, and and manure—A. Control of movement. is loaded and shipped at points where it others, in order to maintain a class II I Sand, soil, earth, peat, compost, and ma has been determined by an inspector status shall report immediately on forms nure shall not be moved or allowed to be that no general infestation of adult provided for that purpose all their sales beetles exists, or (c) when the cars and or shipments of nursery and ornamental 4 See footnote 2. loading operations are protected *>y FEDERAL REGISTER, Saturday, June 24, 1939 2481 screening under the direction of and in tated or sore throat, that respondent’s the Commission a report in writing, set manner and by method satisfactory to preparations now designated as P & F ting forth in detail the manner and form the inspector. Cough Syrup and P & F Lozenges, or any in which it has complied with this order. (8) When the material has been fumi other preparations composed of substan By the Commission. gated with carbon disulphide or other tially similar ingredients or possessing [ s e a l ] O t is B. J o h n s o n , wise treated under the supervision of substantially similar therapeutic prop Secretary. and in manner and by method satisfac erties, whether sold under those names tory to the inspector. Such fumigation or any other names, are a cure or remedy [P. R. Doc. 30-2191; Piled, June 22, 1939; or treatment will be required as a condi for coughs, colds or throat irritations, or 4:01 p. m.] , tion of certification of all restricted sand, constitute a competent treatment there soil, earth, peat, compost, and manure, for, prohibited. (Sec. 5, 38 Stat. 719, as except such as is loaded and shipped in amended by Sec. 3, 52 Stat. 112; 15 U.S.C., compliance with paragraphs (5), (6), Supp. IV, sec. 45b) [Cease and desist [Docket No. 2986] or (7) hereof.8 order, P & P Laboratories, Inc., Docket I n t h e M atter o f S tandard B rands I n 3727, June 14, 19391 Regulation 9 corporated, et AL. § 301.48-9 Marking and certification United States of America—Before § 3.45 (e) (1 d) Discriminating in a condition of interstate transportation. Federal Trade Commission price—Indirect discrimination—Charges and prices—Periodic quantity purchase (a) Every box, basket, or other container At a regular session of the Federal of restricted articles listed in regulations base—S chedules. Discriminating in Trade Commission, held at its office in price, in connection with offer, sale and 5, 6, and 7 (Secs. 301.48-5, 6, and 7) the City of Washington, D. C., on the shall be plainly marked with the name distribution of bakers’ yeast in interstate 14th day of June, A. D. 1939. commerce or in District of Columbia, and address of the consignor and the Commissioners: RobertE. Freer, Chair name and address of the consignee, and between different purchasers of bakers’ man; Garland S. Ferguson, Charles H. yeast of like grade and quality, either di shall have securely attached to the out- March, Ewin L. Davis, William A. Ayres. . side thereof a valid certificate or permit rectly or indirectly, by selling said bakers’ yeast at different prices based upon the issued in compliance with these regula ORDER TO CEASE AND DESIST tions. In the case of lot shipments by total quantity or volume purchased or re freight, one certificate attached to one This proceeding having been heard quired monthly by the respective pur of the containers and another certificate by the Federal Trade Commission upon chasers, as set forth in Schedule A of attached to the waybill will be sufficient. the complaint of the Commission, the Paragraph Ten of the findings of fact (b) In the case of bulk carload ship answer of the respondent, and a stipu [and not shown, as respects the differing ments by rail, the certificate shall ac lation as to the facts entered into be charges per pound in said schedule on company the waybill, conductor’s mani tween the respondent herein and W. T. the basis of the quantity purchases fest, memorandum, or bill of lading Kelley, Chief Counsel for the Commis therein set forth, to be justified by cost pertaining to such shipment, and in sion, which provides, among other differences between selling and delivering addition each car shall have securely at things, that without further evidence or such respective quantities], prohibited. tached to the outside thereof a placard other intervening procedure, the Com (Sec. 2 (a ), 49 Stat. 1526; 15 U.S.C., Supp. showing the number of the certificate or mission may issue and serve upon the IV, sec. 13 (a )) [Cease and desist order, certificates accompanying the waybill. respondent herein findings as to the Standard Brands Incorporated, et al., (c) In the case of shipment by road facts and conclusion based thereon and Docket 2986, June 15, 1939] vehicle, the certificates shall accom an order disposing of the proceeding, § 3.45 (e) (1 d) Discriminating in pany the vehicle. and the Commission having made its price—Indirect discrimination— Charges findings as to the facts and conclusion (d) Certificates shall be surrendered and prices— Periodic quantity purchase that said respondent has violated the base— Purchase sources regardless. Dis to the consignee upon delivery of the provisions of the Federal Trade Com shipment.8 criminating in price, in connection with mission Act; offer, sale and distribution of bakers’ This amendment shall be effective on It is ordered, That the respondent, and after July 1, 1939. yeast in interstate commerce or in Dis F & F Laboratories, Inc., a corporation, trict of Columbia, between different pur Done at the city of Washington this its officers, representatives, agents and 22d day of June 1939. chasers of bakers’ yeast of like grade and employees directly or through any cor quality, either directly or indirectly, Witness my hand and the seal of the porate or other device, in connection with United States Department of Agriculture. by selling said bakers’ yeast at different the offering for sale, sale and distribution prices based upon the total quantity or [ seal] h . A. W allace, of medicinal preparations designed for volume purchased (whether from the re Secretary of Agriculture. the treatment of coughs, colds and irri spondents or from any other source) over [P. R. Doc. 39-2192; Piled, June 22, 1939; tated or sore throat in commerce as a period of time by the respective pur 4:03 p. m.] commerce is defined in the Federal Trade chasers, where the effect of such dis Commission Act, do forthwith cease and crimination may be substantially to desist from: lessen competition or tend to create a (1) Representing that respondent’smonopoly in any line of commerce in TITLE 16—COMMERCIAL PRACTICES preparations now designated as F & F which respondents or any of their cus tomers are engaged, or to injure, destroy FEDERAL TRADE COMMISSION Cough Syrup and F & F Lozenges, or any other preparations composed of substan or prevent competition with respondents [Docket N o.-3727] tially similar ingredients or possessing or any of their customers, except where said differentials in price, based upon the In the M atter o f P & F L aboratories, I n c . substantially similar therapeutic prop erties, whether sold under those names quantities or volume purchased from the § 3.6 (t) Advertising falsely or mis or any other names, are a cure or remedy respondents during such period of time leadingly—Qualities or properties of for coughs, colds or throat irritations, by said respective purchasers, make only products. Representing, in connection or constitute a competent treatment due allowance for differences in the cost with offer, etc., in commerce, of medicinal therefor. of manufacture, sale or delivery resulting Preparations for coughs, colds and irri- from the differing methods or quantities It is further ordered, That the respond in which such bakers’ yeast is to such ent shall, within sixty (60) days after purchasers sold or delivered during the 8 See footnote 2. service upon it of this order, file with period of time for which such differen- 2482 FEDERAL REGISTER, Saturday, June 24, 1939 tials are allowed, prohibited. (Sec. 2 (a ), United States of America— Before or any of their customers, except where 49 Stat. 1526; 15 U.S.C., Supp. IV, sec. Federal Trade Commission said differentials in price, based upon the 13 (a )) [Cease and desist order, Stand quantities or volume purchased from the ard Brands Incorporated, et al., Docket At a regular session of the Federal respondents during such period of time 2986, June 15, 1939] Trade Commission, held at its office in by said respective purchasers, make only the City of Washington, D. C., on the § 3.45 (e) (1 d) Discriminating in due allowance for differences in the cost 15th day of June, A. D. 1939. price— Indirect discrimination— Charges of manufacture, sale or delivery result Commissioners: Robert E. Freer, and prices—Periodic quantity purchase ing from the differing methods or quan Chairman; Garland S. Ferguson, Charles base—Purchase sources and multiple de tities in which such bakers’ yeast is to H. March, Ewin L. Davis, William A. livery requirements regardless. Dis such purchasers sold or delivered during Ayres. criminating in price, in connection with the period of time for which such differ entials are allowed; offer, sale and distribution of bakers’ I n t h e M atter o f S tandard B rands I n yeast in interstate commerce or in Dis corporated and S tandard B rands o f (3) By means of price differences re sulting from selling said bakers’ yeast to trict of Columbia, between different pur C a lif o r n ia chasers of bakers’ yeast of like grade and a single purchaser at prices based upon quality, either directly or indirectly, by ORDER TO CEASE AND DESIST the total quantity or volume purchased means of price differences resulting from This proceeding having been heard1 (whether from the respondents or from selling said bakers’ yeast to a single pur by the Federal Trade Commission upon any other source) during a period of time chaser at prices based upon the total the complaint of the Commission, as by such purchaser, irrespective of the quantity or volume purchased (whether amended, the answers of the respond quantities or volume delivered by the re from the respondents or from any other ents, as amended, testimony and other spondents to the separate plants, fac source) during a period of time by such evidence taken before John W. Norwood, tories, bakeries, or warehouses of such purchaser, irrespective of the quantities a Trial Examiner of the Commission purchaser, where the effect of such dis or volume delivered by the respondents theretofore duly designated by it, in sup crimination may be substantially to to the separate plants, factories, bakeries, port of the allegations of said complaint, lessen competition or tend to create a or warehouses of such purchaser, where as amended, and in opposition thereto, monopoly in any line of commerce in the effect of such discrimination may be briefs filed herein, and oral arguments which respondents or any of their cus substantially to lessen competition or by James I. Rooney,, counsel for the tomers are engaged, or to injure, destroy tend to create a monopoly in any line of Commission, and by Theodore Kiendl or prevent competition with respondents commerce in which respondents or any and Edwin F. Blair, counsel for the re or any of their customers, except where of their customers are engaged, or to spondents, and the Commission being of said differentials in price make only due injure, destroy or prevent' competition the opinion that said respondents have allowance for differences in the cost of with respondents or any of their cus violated the provisions of Section 2 (a) manufacture, sale or delivery resulting tomers, except where said differentials in of an act of Congress approved October from the differing methods or quantities price make only due allowance for dif 15, 1914, entitled “An Act to Supplement in which said bakers’ yeast is to such pur ferences in the cost of manufacture, sale existing laws against unlawful restraints chasers sold or delivered; or delivery resulting from the differing and monopolies and for other purposes” (4) By selling said bakers’ yeast to methods or quantities in which said bak (the Clayton A c t), as amended, and hav certain of such purchasers at so-ealled ers’ yeast is to such purchasers sold or ing made its report, stating its findings “ off-scale” prices as described in Para delivered, prohibited. (Sec. 2 (a ), 49 as to the facts and its conclusions: graph Twelve of said findings of fact, Stat. 1526; 15 U.S.C., Supp. IV, sec. 13 even though the differentials in price of It is ordered, That the respondents, (a)) [Cease and desist order, Standard any given price scale make only due al Standard Brands Incorporated and Brands Incorporated, et al., Docket 2986, lowance for differences in the cost of Standard Brands of California, their of June 15, 1939] manufacture, sale or delivery resulting ficers, representatives, agents, and em § 3.45 (c) (5) Discriminating in price— from the differing methods or quantities ployees, directly or indirectly, in connec in which said bakers’ yeast is to such pur Direct discrimination— C hajr g es and tion with the offering for sale, sale and prices—“Off-scale” selling. Discriminat chasers sold or delivered during the distribution of bakers’ yeast in interstate period of time for which such differen ing in price, in connection with offer, commerce, or in the District of Columbia, tials in price are allowed. sale and distribution of bakers’ yeast in do forthwith cease and desist from dis interstate commerce or in District of Co criminating in price between different I t is further ordered, That »the re lumbia, between different purchasers of purchasers of bakers’ yeast of like grade spondents shall, within 60 days after bakers’ yeast of like grade and quality, and quality, either directly or indirectly: service upon them of this order, file with either directly or indirectly, by selling the Commission a report in writing, set said bakers’ yeast to certain of such pur (1) By selling said bakers’ yeast at dif ting forth in detail the manner and form chasers at so-called “ off-scale” prices as ferent prices based upon the total quan in which they have complied with this described in Paragraph Twelve of the tity or volume purchased or required order. findings of fact [in which, as there set monthly by the respective purchasers, as It is further ordered, That the com forth, such special concessions and “ off- set forth in Schedule A of Paragraph Ten plaint be, and the same hereby is, dis scale” prices, not within power of divi of said findings of fact; missed in so far as it applies to the sale sion managers, were granted by central (2) By selling said bakers’ yeast at dif and distribution of foil yeast. office], even though the differentials in ferent prices based upon the total quan By the Commission, Chairman Freer price of any given price scale make only tity or volume purchased (whether from not participating. due allowance for differences in the cost the respondents or from any other [ s e a l ] O t is B. J o h n s o n , of manufacture, sale or delivery result source) over a period of time by the re Secretary. ing from the differing methods or quan spective purchasers, where the effect of such discrimination may be substantially [F. R. Doc. 39-2195; Filed, June 23, 1939; tities in which said bakers’ yeast is to 11:39 a. m.] such purchasers sold or delivered during to lessen competition or tend to create the period of time for which such differ a monopoly in any line of commerce in entials in price are allowed, prohibited. which respondents or any of their cus [Docket No. 3294] tomers are engaged, or to injure, destroy (Sec. 2 (a), 49 Stat. 1526; 15 U.S.C., I n t h e M atter o f Z e p h y r R adio C o m pany Supp. IV, sec. 13 (a)) [Cease and desist or prevent competition with respondents order, Standard Brands Incorporated, et § 3.6 (t) Advertising falsely or mis leadingly—Q ualities or properties of al., Docket 2986, June 15, 1939] I 12 FJR. 319. FEDERAL REGISTER, Saturday, June 24, 1939 2483 product. Representing, in connection ting forth in detail the manner and form wise ordered by the Commission, first with offer, etc., in commerce, of respond in which he has complied with this order. be made available to the public on the ent’s radio receiving sets, that the radio By the Commission. opening date of public argument on the set now known as and sold under the [ s e a l ] O t i s B. J o h n s o n , merits before the Commission, or, in the name Zephyr Radio Receiving Set for Secretary. event of submission to the Commission $6.95, or any other radio receiving set without argument, upon final determina [F. R. Doc. 39-2196; Filed, June 23, 1939; tion of the proceeding by the Commis similarly constructed, will give worldwide 11:39 a. m.j reception, or that such a set will receive sion, and prior thereto shall be for the programs broadcast from all continents, confidential use only of the Commission, prohibited. (Sec. 5, 38 Stat. 719, as the respondent or respondents and coun amended by Sec. 3, 52 Stat. 112; 15 TITLE 17—COMMODITY AND sel.” U.S.C., Supp. IV, sec. 45b) [Cease and SECURITIES EXCHANGES Effective upon publication. desist order, Zephyr Radio Company, By the Commission. Docket 3294, June 14, 1939] SECURITIES AND EXCHANGE , COMMISSION [ seal] F rancis P. B rassor, Secretary. United States of America— Before Securities A ct of 1933, Securities Ex Federal Trade Commission [F. R. Doc. 39-2200; Filed, June 23, 1939; change A ct of 1934, P ublic U tility 11:48 a. m.] At a regular session of the Federal H olding Company A ct of 1935 Trade Commission held at its office in amendments of rules of practice the City of Washington, D. C., on the The Securities and Exchange Commis 14th day of June, A. D. 1939. TITLE 19—CUSTOMS DUTIES Commissioners: Robert E. Freer, sion, acting pursuant to authority con Chairman; Garland S. Ferguson, Charles ferred upon it by the Securities Act of BUREAU OF CUSTOMS H. March, Ewin L. Davis, William A. 1933, as amended, particularly Section 19 Ayres. (a) thereof [C. 38, sec. 19, 48 Stat. 85; [T. D. 49893] C. 404, sec. 209, 48 Stat. 908; 15 U.S.C., Conversion of Currency In the M atter op Orville J. B ond, Indi 77s]; the Securities Exchange Act of vidually and T rading as Zephyr R adio 1934, as amended, particularly Section COLLECTION OF ESTIMATED DUTIES IN CASES C o m p a n y 23 (a) thereof [C. 404, sec. 23, 48 Stat. INVOLVING THE CONVERSION OF BRA 901; C. 462, sec. 8, 49 Stat. 1379; 15 ZILIAN M IL REIS ORDER TO CEASE AND DESIST U.S.C., 78w and Sup. H I] ; and the Pub June 19, 1939. This proceeding having been heard1 by lic Utility Holding Company Act of 1935, the Federal Trade Commission upon the particularly Section 20 (a) thereof [C. To Collectors of Customs and Others Concerned: complaint of the Commission, the answer 687, sec. 20, 49 Stat. 833; 15 U.S.C., Sup. of respondent, testimony and other evi IH, 79t] ; and finding such action neces Reference is made to the certification dence taken before Edward J. Horni- sary and appropriate to carry out the of the daily buying rates for foreign brook, an examiner of the Commission provisions of such Acts, hereby amends currencies by the Federal Reserve Bank theretobefore duly designated by it, in Rule IX (c) [Sec. 201.IX (c) 1 of the of New York to the Secretary of the support of the allegations of said com Rules of Practice of the Commission by Treasury, as provided by section 522 (c) plaint and in opposition thereto, brief striking the third sentence of said rule of the Tariff Act of 1930 (U.S.C. title filed herein by Carrel F. Rhodes, counsel and substituting the following sentence: 31, sec. 372 (c)). Beginning on June 9, for the Commission, the respondent not “ In any proceeding in which, under 1939, the Federal Reserve Bank of New York has included in each list of buy having filed brief, and the Commission the provisions of Rule X III (b) [Sec. ing rates, forwarded to the Secretary of having made its findings as to the facts 2 0 1 .x m (b) ] of the Rules of Practice of the Treasury, two rates for the Brazilian and its conclusion that said respondent the Commission, the report is first to be milreis, designated respectively “offi has violated the provisions of the Federal made available to the public on the open cial” and “free.” Trade Commission Act; ing date of public argument on the mer It is ordered, That the respondent, Or its before the Commission, or in the event If, for the purpose of the assessment ville J. Bond, his representatives, agents of submission to the Commission with and collection of duties on merchandise and employees, directly or through the out argument, upon final determination imported into the United States, it is name Zephyr Radio Company or any of such proceeding, or pursuant to an necessary to convert Brazilian milreis other trade or corporate name or other order of the Commission, the initial page into currency of the United States, col device, in connection with the offering of the report shall also contain a state lectors of customs are hereby directed, for sale, sale and distribution of its radio ment to the effect that the report is in connection with entries of merchan receiving sets in commerce, as commerce confidential, shall not be made public dise exported on or after June 9, 1939, is defined in the Federal Trade Commis and is for the use only of the Commis and pending receipt of further instruc sion Act, do forthwith cease and desist sion, the respondent or respondents and tions from the Department, to require from; counsel, but copies of the report issued the deposit of estimated duties in an amount determined by the use of the Representing that the radio set now after it is made available to the public may omit such statement.” value appearing opposite the word “ offi known as and sold under the name cial” in the list of rates above referred Zephyr Radio Receiving Set for $6.95, or And hereby amends Rule X H I (b) to, and to suspend liquidation of all any other radio receiving set similarly [Sec. *201.xm (b) ] of such Rules of such entries. constructed, will give worldwide recep Practice by striking the second sentence Appraising officers are hereby directed tion, or that such a set will receive pro of said rule and substituting the follow to report promptly and in full to the grams broadcast from all continents. ing sentence: Bureau of Customs the facts in regard It is further ordered, That the respond “ The report of the trial examiner, ex to the appraisement of all such mer ent shall, within sixty (60) days after ceptions thereto, requests for findings, chandise. service upon him of this order, file with and briefs in support of such requests or For the present, only that rate for the the Commission a report in writing set- in support of or in opposition to such Brazilian milreis which is to be used in exceptions, which are filed in connec estimating duties in accordance with 13 F.R. 1340 DI. tion with any hearing shall, unless other these instructions will appear in the No. 122------2 2484 FEDERAL REGISTER, Saturday, June 24, 1939 weekly pamphlets and bound volumes of No nominations shall be accepted from the directorship and whether he is will Treasury Decisions. members which were admitted to mem ing to serve if elected. Such question [ seal] Stephen B. G ibbons, bership within the ten days prior to the naire must be completely filled in and Acting Secretary of the Treasury. date nomination ballots are to be for returned to the Board not later than [F. R. Doc. 39-2193; Filed, June 23, 1939; warded to members as set forth herein October 15th in order for the nominee 11:06 a. m.] and no votes for the election of candi to have his name placed on an election dates shall be accepted from members ballot. which have been admitted to member In the event any person is nominated ship within the ten days prior to the date TITLE 24—HOUSING CREDIT for two directorships, he will be so in election ballots are to be forwarded to formed by the Board in the letter re FEDERAL HOME LOAN BANK BOARD members as set forth herein. ferred to in the immediately preceding (5) The Board will adjust the lines of paragraph hereof and given an oppor A mendment to Section 2.4 op R ules and class demarcation of members every four tunity to state which of said director R egulations for the F ederal H ome years or more often if it deems such ships he prefers; or in the event any Loan B ank System action desirable. Before September 1 of person is nominated for more than two each year, the Board will divide the RELATING TO THE APPOINTMENT AND ELEC directorships, he will be so informed by member institutions into groups A, B, TION OF DIRECTORS OF THE FEDERAL HOME the Board by said letter and given the and C on the basis of the size of the LOAN BANKS opportunity to express his order of pref members as determined from the aggre erence for the directorships for which Be it resolved, That paragraph a., Sec gate unpaid principal of each member’s he has been nominated. In each such tion 2.4 of the Rules and Regulations for home mortgage loans appearing on the case the nominee will be informed by the Federal Home Loan Bank System is most recent financial statement of mem said letter that it is necessary that the amended, effective June 23, 1939, to read bers in the possession of the Board on Board receive from him, not later tha.n as follows: the July 15 immediately preceding said October 15 th, an expression of prefer § 2.4 Directors. September 1. The Board will then notify ence in order to have his name placed each member not later than September on an election ballot. In each such case P ar. a. Appointment and election. 1 of each year of its right to nominate where the Board has received from a Four directors of each Bank will be ap and of its classification and will fur pointed by the Board and eight directors nominee an expression of preference nish each member with a list of the within the time referred to and the other of each Bank will be elected in accord members in its class and a list of those ance with the following provisions: information as required herein, the holding directorships at that time in the Board will, in accordance with the pref (1) As provided in Section 7 of the Act, Bank of which it is a member, containing erence expressed, designate the direc eight of the twelve directors of each the name of each director, the date of torship for which the nominee shall be Bank shall be elected by the members expiration of the term of each director, a candidate; however, if it appears to thereof, provided such members hold at the name and address of the member the Board that such action would im least $1,00,000 of the capital stock of the institution of which each class director pair, or result in such nominee having Bank at the time nominations are re is an officer or director, the city and no chance of being elected on account of, quired. Members shall be deemed to hold State of which each director-at-large is the representation per State as set forth $1,000,000 of the capital stock of a Bank a resident, the name and address of the in subparagraph (9) hereof, the Board when they have subscribed to a total of institution with which each director-at- will designate such person as a candi $1,000,000 par value of such stock, made large is affiliated and his title, or, if not date only for the directorship which ap the statutory payments thereon, such affiliated with an institution, his present pears to the Board to be the most suit subscriptions have been accepted and the or former occupation and indicating each able, if it also appears to the Board subscribers have been notified. class directorship and each directorship- such person has a chance of being (2) Two of such directors shall be at-large. At the same time each mem elected to such directorship. If it ap known as Class A directors, two as Class ber will be furnished with the necessary pears to the Board that a candidate has B and two as Class C, and shall hold nominating ballots and will be notified no chance of being elected to a direc office for terms of two years. Each of of each directorship to be filled from torship or to any of the directorships for these directors shall be a citizen of the the membership-at-large and of each which he has been nominated, on ac United States, a bona fide resident of directorship to be filled in its class. count of the representation per State the district in “Which the Bank is located; Each Bank will be furnished with copies as set forth in subparagraph (9) hereof, shall be an officer or director of a mem of all such information and ballots for the name of such candidate will not be ber of the Bank in the group electing him warded to its members. placed on an election ballot if he has and shall be deemed to be from the State (6) Upon receipt of the nominating made a request that his name not be in which such member is located. ballots each member, by resolution of its so placed in such event. (3) Two of the eight directors to be governing body, may nominate, or au On Or before November 1, the Board elected shall be elected by the member thorize one of its directors and one of its will mail to each member election bal ship-at-large without regard to classes; officers to nominate, a suitably qualified lots which will contain in alphabetical shall be known as directors-at-large; person for each directorship to be filled order the name of each nominee for and shall hold office for terms of two in its class and each directorship to be each directorship to be filled in its class years. Each of these directors shall be filled from the membership-at-large. and from the membership-at-large who a citizen of the United States and .a The ballots shall then be duly executed has complied with the provisions of this bona fide resident of the Bank district. and mailed to the Secretary to the Board, section. Each ballot for a class direc Each of these directors who is an officer so as to arrive in Washington not later torship will also contain opposite the or director of a member of the Bank than September 30. name of each nominee the name and shall be deemed to be from the State in (7) A letter will be forwarded to each address of the member institution of which such member is located. Each nominee under registered mail so as to which he is an officer or director, and of these directors who is not an officer reach his address, as shown by the his title, and each ballot for a director or director of a member of the Bank, Board’s records, before October 9th, in ship-at-large will also contain opposite shall be deemed to be from the State in forming him of his nomination. With the name of each nominee the city and which he has established a bona fide such letter each nominee will be for State of which he is a resident and the residence. warded a questionnaire which will con name and address of the institution with (4) The election of directors shall be tain, among other things, a request for which he is affiliated or, if not affiliated held annually and shall be conducted by a brief biography and questions to ascer with an institution, his present or for mail under the supervision of the Board. tain whether the nominee is eligible for mer occupation. In the event a candi- FEDERAL REGISTER, Saturday, June 24, 1939 2485 date for a directorship-at-large is affili majority of the members voting and the a majority of the members voting for ated with an institution which is not a highest number of combined votes, when candidates from such State and the member of the Bank such fact will be the first and second choices shall have highest number of combined votes for recorded on the ballot. been added, then all votes cast in the candidates from such State shall be de (8) Each member, by resolution of its first, second and third columns for each clared elected, but if no candidate from governing body, may cast its vote or candidate will be added together and the such State has a majority of the mem authorize one of its directors and one candidate then having the highest num bers voting for candidates from such of its officers to cast its vote for each ber of votes will be declared elected. No State, and the highest number of com directorship to be filled in its class and candidate will be declared elected by the bined votes for candidates from such for each directorhip-at-large to be filled foregoing procedure if the required mini State, when the first and second choices by votes from the membership-at-large. mum representation per State will be im shall have been added, then the votes Each ballot cast must show clearly the paired thereby. I f the required mini cast in the first, second and third member’s first, second and third choices mum representation per State will not be columns for each candidate from such of candidates, where the number of can maintained on the new board of directors, State shall be added together and the didates is more than three, otherwise the Board will designate for each State candidate then having the highest num the ballot will be void. I f there are three which apparently would otherwise be in ber of votes for candidates from such candidates for a directorship the mem adequately represented the directorship State shall be declared elected. ber’s first and second choices must be or directorships to be filled only by a can Upon determining the results of the clearly shown on the ballot therefor, didate from such State, provided there election ballots, the Board will declare otherwise the ballot will be void. If has been a properly qualified nominee elected the candidates who should be there are only two candidates for a di from each of such States who has been declared elected in accordance with the rectorship the member’s choice must be voted for as a first choice for the direc provisions of these Rules and Regula clearly shown on the ballot therefor, torship so designated. tions. The Board will thereupon spread otherwise the ballot will be void. The In making each such designation the said results upon its minutes and notify ballots shall be properly marked and the Board will first ascertain the director the directors elected of their election. certification properly executed, and both ships for which a candidate from the The Board will also inform each Bank mailed to the Secretary to the Board State which apparently would otherwise and each member thereof of the direc so as to arrive in Washington not later be inadequately represented has been tors elected. than November 30th. voted for as a first choice and which can (11) In the event the voting for those (9) In determining the results of bal be reserved for such State without im whose names appear on an election bal loting by the members, the Board will pairing the necessary representation of lot results in a tie after the foregoing see that each State is represented on the any other State more entitled to repre procedure has been followed, the Board new board of directors by at least the sentation. Prom the directorships thus will determine which of the leading can number of elective directors set forth be ascertained to be available for designa didates shall be declared elected. The low, provided there has been an eligible tion, the Board will designate for each Board will also determine any other mat nominee from such State who has been State which apparently would otherwise ters concerning elections which are not voted for: . be inadequately represented the director provided for in these Rules and Regula Minimum number tions. of directors ship for which a candidate from such Bank districts: per State State has received more first choice votes (12) All nominating ballots sent to 1 ______1 than any other candidate for such direc members in the States shall be forwarded 2______3 torship. I f no candidate from such State by regular mail. All election ballots shall 3 ______...... 1 4 ______1 has received such a plurality and 'the be forwarded to the members by regis 5 ______2 leading candidates for all of the avail tered mail and a return receipt requested. 6 ______a______3 able directorships are, therefore, from Election material sent to members in 7 ___ ;______3 other States, the Board will, from the Puerto Rico, the Virgin Islands, Alaska 8 ______1 9 ______: ____ i available directorships, designate the di and Hawaii shall be forwarded by air 1 0 ______i rectorship for which the leading candi mail. 1 1 ______i date has a lesser percentage of votes (13) No election ballots will be opened 1 2 ______i than any of the leading candidates for until after the close of the polls. No Within a period of two years after the other available directorships, such per ballots will be considered except ballots expiration of the term of a directorship centage to be determined in accordance executed on forms supplied by the Board. held by an officer or director of a member with the procedure set forth at the be Upon the request of a candidate he will be institution, through the application of ginning of this subparagraph. This pro informed of the number of election ballots the rule as to the minimum number of cedure will eliminate from further con cast for him and the total number of elec directors per State, no officer or director sideration all candidates from other tion ballots cast for the directorship for of such institution may hold a director States for such directorship reserving it which he was a candidate, but with this ship in a Bank unless the votes he re for candidates from the State which ap exception no information concerning the ceives are sufficient to elect him without parently would otherwise be inadequately number of votes received by candidates applying the rule as to representation per represented. will be published. All ballots and en State. If after designating a directorship to velopes of certification shall be preserved (10) Before December 15 the Boardbe filled from a State which apparently by the Secretary to the Board until the will determine the results of the election would otherwise be inadequately repre end of the ensuing calendar year and ballots. In the case of each directorship sented, the Board finds that only one shall be subject to inspection only by a subject to the election, any candidate candidate from such State has received member of the Board. haying a majority of all votes cast in the a first choice vote or votes for such di (14) To be eligible for election as a column .of first choice will be declared rectorship, such candidate will be de director of a Bank, a candidate may not elected. If no candidate has a majority clared elected. Otherwise, the candidate hold an active political office for which of all votes in the first column, then there from such State receiving the largest he receives compensation. will be added together for each candidate number of votes cast in the first column (15) Neither the Board nor any of receiving a vote in the first column, his for candidates from such State shall be its members will endeavor to influence votes both in the first and second columns. declared elected; however, in case of a any member of a Bank in the casting of The candidate then having a majority of tie the votes cast in the first and second its vote for or against any individual the members voting and the highest columns for each candidate from such who is a candidate for a directorship in number of combined votes will be de State shall be added together and the a Bank. Neither an officer, attorney, clared elected. If no candidate has a candidate from such State then having employee or agent of the Board nor a 2486 FEDERAL REGISTER, Saturday, June 24, 1939 Board of Directors, Executive Committee, its Order, prescribing “Rules and Regu load-lot quantity, as if the delivery were officer, attorney, employee or agent of a lations for Registration of Distributors” , to be made in a single vehicle, but in no Bank shall take any action which would pursuant to the provisions of Section 4, event shall delivery be continued over tend to influence votes for any candi H (h) of the Act, and a period longer than is actually neces date for a directorship in a Bank. The Petitions for rehearing and reargu sary to accomplish such delivery in a Board, after hearing, may consider a ment having been filed and on the 8th continuous flow. violation of the provisions of this sub- day of May, 1939, after due and proper paragraph as grounds for dismissal or notice, the Commission having heard 3. That subsection 5 of Section I be may declare the directorship involved further argument by all interested par amended to read as follows: as vacant, or both. ties, as provided in said order and notice A “ dock” is physical property located (16) In the event any date specified of reargument, (a) to that portion of the on or adjacent to navigable water and herein falls on a Sunday or a holiday, evidence relating to dock operators and which property is used in the distribu the next business day shall be included the law applicable to the allowance of tion of coal in commerce or for delivery in the time allowed. All polls shall be discounts or price allowances to those to commerce carriers, and at which coal closed oh the dates specified at 5:00 p. m. dock operators who purchase coal for is stored, handled or transferred from or Eastern Standard Time. No ballots resale and resell it in not less than cargo to transportation conveyances. shall be considered unless delivered at or railroad carload lots, and (b) to the 4. That subsection (d) of Section HI the offices of the Secretary to the Board, evidence relating to the proviso to the be divided into two paragraphs, desig Federal Home Loan Bank Board, Wash definition of “carload lot,” with respect nated as subsections (d) and (h), and ington, D. C., at or before the time to the delivery of coal from such a dock be amended to read as follows: specified. No change in any ballot will operator’s dock in vehicles other than be permitted after it has been delivered railroad cars, and (d ).N ot to accept or retain a distrib utor’s discount on coal unless such coal to the Secretary to the Board. The Commission having determined (17) In the event of a vacancy in any that the Rules and Regulations for the is purchased for bona fide resale and is actually resold in not less than cargo or directorship required to be filled by elec Registration of Distributors should be railroad carload lots without physically tion, the Board will fill the vacancy by amended as hereinafter provided, and handling such coal: Provided, however, an appointment for a period to expire The Commission having made addi that where a dock is used by such dis at the end of the calendar year con tional findings of fact in support thereof, tributor as a facility in the delivery of taining the next election date, and at which additional findings of fact are on coal to his vendee and such transaction said next election a director shall be file,in the office of the Secretary of the is recognized by custom to be definitely elected to hold office for the unexpired Commission, Washington, D. C., and- wholesale in character, the fact that portion of the term. which are by this reference incorporated such distributor physically handles such (18) As used in this section the term herein and made a part hereof, coal shall not preclude him from accept “ State” means any one of the 48 States Now, therefore, Pursuant to the pro ing or retaining a distributor’s discount. or the District of Columbia. visions of the Bituminous Coal Act of (h) Not to accept or retain a dis 1937, the National Bituminous Coal Com (Sec. 7 (c), (d ), (e), of FHLBA, 47 tributor’s discount where coal is resold mission hereby orders and directs: Stat. 730, as amended by sec. 3, 49 Stat. to any person who owns such distrib 294; 12 U.S.C. 1427 (c), (d ), (e), and 1. That subsection 1 of Section I be utor or who financially or otherwise con Sup.) amended to read as follows: trols such distributor, except in a case Adopted by the Federal Home Loan A “Distributor” is a person who pur where this Commission has determined Bank Board on June 20, 1939. chases coal f. o. b. the mine for resale that such ownership or control is bona [ s e a l ] R. L. N a g l e , and resells it in not less than cargo or fide, is not established primarily to se Secretary. railroad carload lots, without physically cure an indirect price reduction, and is not within the prohibition of para IP. R. Doc. 39-2186; Piled, June 22, 1939; handling such coal: Provided, however, 2:50 p. m.] that where a dock is used by such person graphs 11 and 12 of Section 4, Part II, as a facility in the delivery of coal to his (i) of the Act. vendee, and such transaction is recog 5. That subsection 1 of Section IV be nized by custom to be definitely wholesale amended to read as follows: TITLE 30—MINERAL RESOURCES in character, the fact that he physically handles such coal shall not preclude such After receipt of any such application NATIONAL BITUMINOUS COAL person from being a distributor. for registration as a distributor, upon COMMISSION a determination by this Commission 2. That subsection 2 of Section I be (whether from the application or after [Docket No. 12] amended to read as follows: hearing held for such purpose) that the O rder in the M atter of P rescribing D ue “ Carload lot” is a quantity of coal applicant is a bona fide merchant ac and R easonable M aximum D iscounts equivalent in tonnage to not less than tively, regularly and continuously en or Price A llowances by Code M embers the minimum carload weight specified gaged in the business of purchasing coal to “D istributors” U nder Section 4, for the loading of bituminous coal, at for resale and actual reselling it in cargo P art H, (h ) of the B ituminous Coal carload rates, in the official effective tar or railroad carload lots without physically A ct of 1937, and Establishing R ules iffs of rail carriers at the point of origin handling such coal (except where such and R egulations for the M aintenance or at the rail shipping point nearest coal is physically handled over or on and O bservance by D istributors in the the mine where the coal is produced, and a dock used by such applicant as a facil R esale of Coal, of the P rices and shipped to a single vendee to one un ity in the delivery of coal to his vendees M arketing R ules and R egulations T o loading point: Provided, however, that and such transactions are recognized by B e Established by the Commission on coal reshipped overland from docks, custom to be definitely wholesale in char acter), this Commission shall approve IN RE RULES AND REGULATIONS TO REQUIRE the minimum weight per carload lot shall be not less than the minimum car such application, register such person as THE MAINTENANCE AND OBSERVANCE OF load as prescribed in effective tariffs of a registered distributor, and issue to the THE PRICES AND MARKETING RULES AND railroads applicable from such reship applicant a certificate of registration. REGULATIONS BY “ DISTRIBUTORS” ping points: Provided, further, that The Commission shall promptly notify The Commission, on the 24th day of when coal is delivered in such lots in ve each district board of such registration, March, 1939,1 after notice and hearing, hicles of insufficient capacity to trans and publish from time to time a list of having made findings of fact and entered port an entire carload-lot quantity in registered distributors, amending such one transaction, the distributor’s vendee list periodically to show additions, with *4F.R. 1343 DI. must accept delivery of an entire car drawals or removals. FEDERAL REGISTER, Saturday, June 24, 1939 2487 6. That the first paragraph of Section parties, as provided, (a) to that portion tors to whom maximum discounts and vni be amended to read as follows: of the evidence relating to dock oper price allowances may be made, adopted ators who purchase coal for resale and the 24th day of March, 1939, should be Any distributor whose application to resell it in not less than cargo or railroad amended as hereinafter set out: this Commission as a registered distrib carload lots, and (b) to the evidence l Here follows the amendments set out utor has not been approved by this Com relating to the proviso to the definition in the foregoing order.'] mission, or any registered distributor of “ carload lot” , with respect to the de By order of the Commission. desiring to secure a discount on a trans livery of coal from such a dock operator’s action under Section X, 2 of these Rules, [ s e a l ] P e r c y T e t l o w , dock in vehicles other than railroad cars, Chairman. may, nevertheless, make application to and Dated this 20th day of June 1939. receive a distributor’s discount on a spe The Commission, having reconsidered cific transaction wherein he purchases all the evidence in the record and having [P. R. Doc. 39-2194; Piled, June 23, 1939; coal for bona fide resale and actually given due and proper consideration to 11:22 a. m .] resells it in cargo or railroad carload lots the arguments, makes this its amended without physically handling such coal: §md supplemental Findings of Facts and Provided, however, That where a dock is Conclusions. used by such distributor as a facility in TITLE 47—TELECOMMUNICATION the delivery of coal to his vendee and Amended and Supplemental Findings of FEDERAL COMMUNICATIONS such transaction is recognized by cus • Facts and Conclusions COMMISSION tom to be definitely wholesale in char acter, such distributor may make appli It is apparent from the record that C h a pt e r n . G en er al R u l e s and cation to receive a distributor’s discount there are substantial quantities of coal R e g u l a t io n s on such transaction notwithstanding, the sold in the Great Lakes Area and else where, that have been recognized in the The Commission amended Appendix fact that he physically handles such B 1 to read in part as follows: coal. Such application shall be executed past as 'wholesale business, where the * * * * * in quadruplicate, (upon Form No. NBCC methods of delivery are not by physical 327W, provided by this Commission) and railroad cars and the person making the 5365 kc--Agriculture and Aviation submitted to the Commission, at Wash sale physically handies the coal where * * * * * ington, D. C., for its approval, setting the coal originates off of the docks. forth, among other things, the following: There is evidence to the effect that most (Sec. 303 (f), 48 Stat. 1082; 47 U.S.C. of the volume of coal, either retail or 303 (f)) [Appendix B, as amended by 7. That said Rules and Regulations for wholesale, in the New England States is the FCC on June 20, 1939, to become Registration of Distributors promulgated handled over docks, and that many of effective immediately] and established March 24, 1939, except these New England dock operators have By the Commission. as amended herein, shall remain in full long been recognized as wholesale dis force and effect. [ s e a l ] T. J. S l o w ie , tributors and have been allowed discounts Secretary. The Secretary of the Commission is by custom long established. There is evi hereby directed to cause a copy of this dence in the record that under NRA ex [P. R. Doc. 39-2185; Filed, June 22, 1939; Order to be published forthwith in the ceptions were made in the definition of 2:36 p. m.] F ederal R eg ister , and to cause a copy a “wholesaler” to permit dock operators hereof to be mailed to the Consumers’ to be classified as “wholesalers”, notwith Counsel, to the Secretary of each Dis standing they physically handled the Notices trict Board, and to all parties who have coal. There is evidence in the record con filed their appearances in Docket No. 12, cerning the definition of “distributor” , and to mail a copy of this Order to all as heretofore adopted by the Commission, FEDERAL TRADE COMMISSION. Code Members and to all applicants who to the effect that if such definition is have filed with the Commission on Form United States of America— Before adopted it should be modified in such No. 326-W, application for Registration Federal Trade Commission manner as not to preclude dock operators, [Docket No. 3820] as a “Distributor,” and to cause copies of whose business has been recognized in the this Order to be made available for in past as wholesale business, from receiving I n t h e M atter o f A. S. A l o e C o m p a n y spection by interested parties at the Office distributors’ discounts because they phys a C o r po r a tio n of the Secretary of the Commission, ically handle the coal. Washington, D. C., and at the office of c o m p l a in t The Commission finds that many each Statistical Bureau of the Commis The Federal Trade Commisison, having sion. transactions in coal which is sold off of the docks, although physically handled, reason to believe that the party respond By order of the Commission. have been long recognized by custom as ent named in the caption hereof and Dated this 20th day of June 1939. wholesale business. It also finds that it hereinafter more particularly designated [ seal] F. W it c h e r M cC u l l o u g h , had been the custom in the past for and described, since June 19, 1936, has Secretary. coal producers to allow these dock op violated and is now violating the pro erators a discount on such business as visions of Section 2 of the Clayton Act, as amended by the Robinson-Patman Act AMENDED AND SUPPLEMENTAL FINDINGS OF wholesale transactions. To preserve this custom the Commission finds that sub approved June 19, 1936 (U.S.C. Title 15, FACTS AND CONCLUSIONS OF THE COM Sec. 13), hereby issues its complaint, MISSION sections 1, 2 and 5 of Section I, subsec tion (d) of Section III, subsection 1 of stating its charges with respect thereto The Commission, on the 24th day of Section IV, and the first paragraph of as follows: March, 1939, after notice and hearing, Section V III shall be, and are hereby, P aragraph 1. Respondent, A. S. Aloe having made findings of fact and en amended to read as hereinafter set forth Company, (hereinafter called Aloe) is a tered its order prescribing “Rules and in the Conclusion. corporation, organized and existing under Regulations for Registration of Distribu Conclusion and by virtue of the laws of the State tors”, pursuant to the provisions of Sec of Missouri, having its office and princi tion 4 II (h) of the Act, and It is the conclusion of the Commis pal place of business located at 1819-21- Petitions for rehearing and reargu sion that the rules and regulations gov 23 Olive Street, St. Louis, Missouri. ment having been filed and, on the 8th erning the registration of distributors, Par. 2. Respondent, Aloe is now and has day of May, 1939, after due and proper appearing in its Findings as Appendix been since June 19, 1936, engaged in the notice, the Commission having heard “A ” , and promulgated as the rules and further argument by all interested regulations for registration of distribu *4 F JR. 2109 D I. 2488 FEDERAL REGISTER, Saturday, June 24, 1939 business of buying, selling, and dis be shipped and transported from their approved June 19, 1936, entitled “An Act tributing surgical equipment, instru respective places of business in the vari to amend Section 2 of the Act entitled ments, and supplies (including pressure ous states of the United States to Re ‘An Act to supplement existing laws and suction pumps, sterilizers, thermom spondent Aloe at its principal place of against unlawful restraints and monopo eters, syringes, blood pressure measuring business in St. Louis, Missouri, to its lies, and for other purposes’, approved instruments, chemicals, and other similar two branch distributing points located in October 15, 1914, as amended (UJS.C., products hereinafter designated as sur Kansas City, Missouri, and Los Angeles, Title 15, Sec. 13) and for other pur gical products) from its principal place California, and to Respondent Aloe’s cus poses”. of business, and from its two branch dis tomers, to competitors of Respondent tributing houses, one of which is located Aloe, and to said competitors’ customers Wherefore, the premises considered, in Kansas City, Missouri, and the other located in the various states of the United the Federal Trade Commission on this in Los Angeles, California, States and the District of Columbia. 14th day of June, A. D. 1939, issues its Respondent facilitates sales by the use Respondent Aloe and respondent’s complaint against said respondent. of its two distributing branches herein competitors resell and distribute said sur NOTICE before mentioned; a large staff of trav gical products in commerce between and Notice is hereby given you, A. s. Aloe eling salesmen, numbering approxi among the various states of the United Company, respondent herein, that the mately one hundred, who travel States and the District of Columbia, 21st day of July, A. D. 1939, at 2 o’clock throughout the United States soliciting causing said surgical products to be in the afternoon, is hereby fixed as the and securing orders; and the general shipped and transported from their re time, and the offices of the Federal Trade distribution to physicians, surgeons, hos spective places of business in the various Commission in the City of Washington, pitals, laboratories, and others, of ap states of the United States to their re D. C., as the place, when and where a proximately one hundred thousand cata spective customers located in the various hearing will be had on the charges set logs each year, listing and illustrating states of the United States and the Dis forth in this complaint, at which time respectively its surgical products, hos trict of Columbia. pital supplies, and laboratory equipment. and place you will have the right, under P ar. 4. In the course and conduct of said Act, to appear and show cause why The distribution of said catalogs results their respective businesses, as above de in Respondent Aloe securing many or an order should not be entered by said scribed, said sellers have been and are Commission requiring you to cease and ders for surgical products transmitted now being induced by Respondent Aloe to it by mail. desist from the violations of the law to discriminate in price between different charged in the complaint. Respondent Aloe is one of the largest purchasers buying said surgical products You are notified and required, on or dealers in surgical products in the of like grade and quality in commerce before the twentieth day after service United States, and as a consequence is for use, consumption and resale within upon you of this complaint, to file with an essential outlet to sellers of such the United States by charging said com the Commission an answer to the com surgical products, hereinafter referred petitors of Respondent Aloe higher prices plaint. If answer is filed and if your to, who wish extensive distribution of than those charged Respondent Aloe. appearance at the place and on the date their surgical products throughout the Said discriminations in prices which above stated be not required, due notice United States. favor Respondent Aloe are not u n ifo rm to that effect will be given you. The Respondent Aloe in the course and on each surgical product sold or from Rules of Practice adopted by the Com conduct of its business is now and since each seller. Respondent Aloe pays said mission with respect to answers of fail June 19, 1936, has been in substantial sellers from approximately ten per cent ure to appear or answer (Rule VII) pro competition with other corporations, in to approximately thirty per cent less for vide as follows: dividuals, partnerships, and firms simi said surgical products of like grade and larly engaged in the business of buying, quality than respondent’s competitors pay In case of desire to contest the pro selling and distributing surgical prod said sellers, depending upon the surgical ceeding the respondent shall, within ucts, except insofar as such competition product and the seller, or either of them. twenty (20) days from the service of has been affected by the practices which P ar. 5. The effect of said discrimina the complaint, file with the Commission are the subject of this complaint. tions in prices, as set forth in Paragraph an answer to the complaint. Such an swer shall contain a concise statement P ar. 3. Respondent .Aloe and the com Four hereof, may be substantially to petitors of Respondent Aloe buy said lessen competition, and to tend to create of the facts which constitute the ground surgical products from a large number a monopoly in Respondent Aloe in the of defense. Respondent shall specifically of manufacturers, jobbers, importers, line of commerce in which Respondent admit or deny or explain each of the facts and distributors located in the various Aloe and its competitors are engaged, alleged in the complaint, unless respond states of the United States (hereinafter and to injure, destroy or prevent compe ent is without knowledge, in which case called sellers), who, so far as is known tition with Respondent Aloe in the re respondent shall so state. to the Commission, are as follows: sale of said surgical products of like * * * * * grade and quality purchased from said Failure of the respondent to file an Wilmot Castle Company, Rochester, sellers. swer within the time above provided and New York; William A. Baum Company, P ar. 6. Respondent Aloe receives in failure to appear at the time and place New York City, N. Y.; Empire State Ther formation as to the prices paid by its fixed for hearing shall be deemed to au mometer Co., New York City, N. Y.; competitors to said sellers for said surgi thorize the Commission, without further Mallinckrodt Chemical Works, New cal products, refuses to purchase said notice to respondent, to proceed in reg York City, N. Y.; J. Sklar Manufactur surgical products from said sellers un ular course on the charges set forth in ing Company, Brooklyn, N. Y.; Star less it is granted prices lower than paid Surgical Instrument Mfg. Company, the complaint. by its competitors, and accepts and re Chicago, Illinois; Western Instrument & If respondent desires to waive hearing ceives such lower prices on said surgical Manufacturing Co., Chicago, Illinois; H. on the allegations of fact set forth in the products and thereby and while engaged Carstens Manufacturing Co., Chicago, complaint and not to contest the facts, in commerce, and in the course of such Illinois; Penn Surgical Manufacturing the answer may consist of a statement commerce, as alleged in Paragraph Company, Philadelphia, Pa.; P. Dittmar that the respondent admits all the mate Three hereof, is now and has been, since & Company, Inc., Philadelphia, Pa. rial allegations of fact charged in the June 19, 1936, knowingly inducing and complaint to be true. Respondent by Each of said sellers sell and distribute receiving the discriminations in price al such answer shall be deemed to have surgical products in commerce between leged in Paragraph Four hereof. waived a hearing on the allegations of and among the various states of the Par. 7. The foregoing alleged acts of fact set forth in said complaint and to United States and the District of Co said Respondent Aloe are in violation of have authorized the Commission, with lumbia, causing said surgical products to Section 2 (f) of said Act of Congress out further evidence, or other interven- FEDERAL REGISTER, Saturday, June 24, 1939 2489 ing procedure, to find such facts to be of the respondent. The examiner will such proposed corporate change, it shall true, and if in the judgment of the Com then close the case and make his report. notify the Commission of the manner in mission such facts admitted constitute By the Commission. which it intends to exercise such power; a violation of law or laws as charged in [ s e a l ] O t is B . J o h n s o n , (3) Within sixty days after the close the complaint, to make and serve find Secretary. of each year, Allied Chemical & Dye Cor ings as to the facts and an order to cease poration shall file with the Commission and desist from such violations. Upon [F. R. Doc. 39-2189; Filed, June 22, 1939; a statement setting forth the details of 4:01 p. m.] application in writing made contempo the performance of any service or con raneously with the filing of such answer, struction for, or sale of goods to, Ameri the respondent, in the discretion of the can Light & Traction Company, United Light & Power Company or any of their Commission, may be heard on brief, in SECURITIES AND EXCHANGE COM oral argument, or both, solely on the subsidiaries, by Allied Chemical & Dye MISSION. question as to whether the facts so ad Corporation, or any of its subsidiaries; mitted constitute the violation or viola United States of America— Before the and tions of law charged in the complaint. Securities and Exchange Commission (4) Allied Chemical & Dye Corporation shall notify the Commission within ten In witness whereof, the Federal Trade At a regular session of the Securities days after it. shall in any way alter its Commission has caused this, its com and Exchange Commission held at its stockholdings in American Light & Trac plaint, to be signed by its Secretary, and office in the City of Washington, D. C., tion Company. its official seal to be hereto affixed, at on the 22 day of June, A. D. 1939. Washington, D. C., this 14th day of June, By the Commission. [File No. 31-335] A. D. 1939. [ s e a l ] F r a n c is P. B rassor, By the Commission. I n t h e M atter o f A l l ie d C h e m ic a l & D y e Secretary. C o r po r atio n [ seal] O t is B . J o h n s o n , [F. R. Doc. 39-2199; Filed, June 23, 1939; Secretary. ORDER DECLARING APPLICANT NOT TO BE A 11:48 a. m.] HOLDING COMPANY [P. R. Doc. 39-2190; Filed, June 22, 1939; 4:01 p. m.] Allied Chemical & Dye Corporation having filed an application which, as United States of America—Before the amended, requests an order pursuant to Securities and Exchange Commission United States of America—Before Section 2 (a) (7) of the Public Utility At a regular session of the Securities Federal Trade Commission Holding Company Act of 1935 declaring and Exchange Commission held at its it not to be a holding company; a hear At a regular session of the Federal office in the City of Washington, D. C., ing having been held thereon;1 the rec on the 22 day of June, A. D. 1939. Trade Commission, held at its office in ord in this matter having been duly con the City of Washington, D. C., on the sidered; and the Commission having [File No. 57-10] 21st day of June, A. D. 1939. made appropriate findings of fact; I n t h e M atter o f C onsolidated E lec t r ic Commissioners: Robert E. Freer, It is ordered, That Allied Chemical & an d G as C o m p a n y Chairman; Garland S. Ferguson, Charles Dye Corporation be and it hereby is de H. March, Ewin L. Davis, William A. clared not to be a holding company NOTICE OF AND ORDER FOR HEARING Ayres. within the meaning of Section 2 (a) (7) An application pursuant to Rule U - [Docket No. 3342] (A ) of said Act, subject, however, to the 12D-1 of the Public Utility Holding Com following terms and conditions: pany Act of 1935, having been duly filed In the M atter o p A verbach C o m p a n y , with this Commission by the above- I n c ., a C o r p o r a t io n ; M a id -O-B e st, (1) If at any time, any officer, director, named party; I n c ., a C o r p o r a t io n ; G . M . M oses, a n agent, employee, nominee or other rep In d iv id u a l ; and E sth e r A verbach , resentative of Allied Chemical & Dye It is ordered, That a hearing on such M orris A verbach, a n d J er o m e A ver Corporation, or of any of its subsidiaries, matter be held on July 11, 1939, at 10 bac h , I ndividually , an d T rading V a r i shall be elected, appointed or otherwise o’clock in the forenoon of that day, at o u sly U nder t h e N a m es T h e M u r ie l designated as an officer, director, agent, the Securities and Exchange Building, C o m pan y , and A m e r ic a n C h e m ic a l employee, nominee or other representa 1778 Pennsylvania Avenue NW., Wash Co m pan y tive of American Light and Traction ington, D. C. On such day the hearing- Company, United Light & Power Com room clerk in room 1102 will advise as to ORDER APPOINTING EXAMINER AND FIXING pany, or of any of their subsidiaries, no the room where such hearing will be TIME AND PLACE FOR TAKING TESTIMONY tice thereof shall be given to the Com held. At such hearing, if in respect of This matter being at issue and ready mission within ten days after the any declaration, cause shall be shown why for the taking of testimony, and pur happening of such event; such declaration shall become effective. suant to authority vested in the Fed (2) Within ten days after Allied Chem I t is further ordered, l notice to that effect with the Commission pany Act of 1935, having been duly filed County, regarding the issue and sale of on or before July 6, 1939. with this Commission by the above- 5,000 shares of capital stock of Braddock The matter concerned herewith is in named party; Light & Power Company, Incorporated, regard to the proposed sale by Consoli It is ordered, That a hearing on such which is without nominal or par value. dated Electric and Gas Company, a reg matter be held on July 7, 1939, at 10 It is stated that the above capital stock istered holding company, of certain as o’clock in the forenoon of that day, at is to be sold at a private sale to The sets consisting of the gas manufacturing the Securities and Exchange Building, Washington and Rockville Railway Com plant, distribution system, and appurte 1778 Pennsylvania Avenue NW., Wash pany of Montgomery County, the imme nant property of its subsidiaries, The ington, D. C. On such day the hearing- diate parent of the issuer, at a price of Raleigh Gas Company, The Durham Gas room clerk in room 1102 will advise as to $10 per share, and that 14,250 shares of Company and The Asheville Gas Com the room where such hearing will be held. such capital stock of Braddock Light & pany, for a total consideration of $770,- At such hearing, if in respect of any Power Company, Incorporated, is now 900, plus interest. The application states declaration, cause shall be shown why outstanding and owned by The Washing that it is the intention of the purchaser such declaration shall become effective. ton and Rockville Railway Company of to dispose of said assets to the Public It is further ordered, That Richard Mountgomery County. Service Company of North Carolina, Inc., Townsend or any other officer or officers It is stated that the net proceeds of and that the proceeds of said sale will of the Commission designated by it for such issue and sale are to be used for be pledged by applicant under certain of that purpose shall preside at the hear the purpose of reimbursing the treasury its indentures to be applied as therein ings in such matter. The officer so des of the Braddock Light & Power Company, provided, including the acquisition of un ignated to preside at any such hearing Incorporated, for a portion of expendi derlying securities of subsidiaries, addi is hereby authorized to exercise all pow tures heretofore incurred in connection tions or betterments to properties, and ers granted to the Commission under sec with the construction, completion, exten the acquisition and retirement of debt tion 18 (c) of said Act and to a trial sion or improvement of the company’s securities of the applicant. examiner under the Commission’s Rules facilities, in the period from February 1, By the Commission. of Practice to continue or postpone said 1937, to April 30, 1939, in the aggregate amount of $72,013.42. Of such amount, [ s e a l ] F r a n c is P . B rassor, hearing from time to time. Secretary. Notice of such hearing is hereby given $45,000 is represented by a Demand Note to such declarant or applicant and to and $27,013.42 by open account, both [P. R. Doc. 39-2197; Piled,-June 23, 1939; any other person whose participation in payable at 5% interest, to Potomac Elec 11:47 a, m.] such proceeding may be in the public tric Power Company, an associate com interest or for the protection of investors pany, and that $45,000 of the proceeds or consumers. It is requested that any of such issue and sale will apply to dis charge the Demand Note and the balance United States of America—Before the person desiring to be heard or to be ad mitted as a party to such proceeding of approximately $4,879 (after deduction Securities and Exchange Commission shall file a notice to that effect with the of $121 expense) will be applied to par Commission on or before July 2, 1939. tial reduction of the hereinabove-men At a regular session of the Securities tioned open account indebtedness. The matter concerned herewith is in and Exchange Commission held at its It is stated that there is to be no under regard to an application filed pursuant office in the City of Washington, D. C., writing thereof. on the 23d day of June, A. D. 1939. to Section 6 (b) of the Public Utility Holding Company Act of 1935 by Brad- It is stated that the State Corpora [Pile No. 32—155—1 ] dock Light & Power Company, Incor tion Commission of Virginia has ap proved the issuance of said securities. I n t h e M atter o f B raddock L ig h t & porated, a subsidiary company of The P o w e r C o m p a n y , I ncorporated North American Company, through two By the Commission, intermediate sub-holding companies, [ s e a l ] F r a n c is P. B rassor, NOTICE OF AND ORDER FOR HEARING Washington Railway and Electric Com Secretary. An application pursuant to section pany and The Washington and Rockville [P. R. Doc. 39-2198; Filed, June 23, 1939; 6 (b) of the Public Utility Holding Com Railway Company of Mountgomery 11:47 a. m ]