fm'/f
4 *? J uttera\ " 2 , ^ I SCRIPTA ! I MANET ; ■ FEDERAL REGISTER ' 9 3 4 ^ .VOLUME 7 NUMBER 186 U n i t e d ^
Washington, Tuesday, September 22, 1942
The President Regulations CONTENTS THE PRESIDENT TITLE 6—AGRICULTURAL CREDIT Executive O rder: Pag® EXECUTIVE ORDER 9248 Overtime wage compensation, Amending Executive O rder No. 9240 En Chapter II—Commodity Credit amendment of Executive titled “R egulations R elating to O ver Corporation Order No. 9240...... - 7419 time Wage Compensation” [Amendment 3 to 1937 CCC Cotton Form REGULATIONS AND SFE] NOTICES By virtue of the authority vested in Agricultural Marketing Admin me by the Constitution and the statutes, P art 224—T erms and Conditions of Cot ton Sales for E xport P rogram istration: it is ordered that Section V of Executive Delegation of authority to Ad- Order No. 9240 of September 9, 1942,1 MISCELLANEOUS AMENDMENTS ministrator______7460 entitled “Regulations Relating to Over 1937 CCC Cotton Form SFE—Terms Insecticide Act enforcement, time Wage Compensation”, be, and it and Conditions of Cotton Sales for Ex amendment______7421 is hereby, amended to read as follows: port Program, issued October 3, 1941, Milk handling orders: Chicago, 111____ :______7459 “All Federal departments and agencies as amended, is hereby further amended as follows: Fall River, Mass____,______7458 affected by this order shall refer to the Superior Sales Co., notice under Secretary of Labor for determination Section 224.10 Registration of sales, Packers and Stockyards questions of interpretation and appli is amended by adding paragraph (h), Act______7421 cation arising hereunder. In any indus reading as follows: B ituminous Coal Division: try or occupation in which the Secretary (h) The terms of sales contracts filed District 2, minimum price sched finds that a wage stabilization agreement with Commodity Credit Corporation may ule amended______7427 be amended to provide for exportation Hearings, etc.: approved by a Government department Collins, Ray A______7457 or agency is operating satisfactorily, or of the cotton prior to November 30, 1942, by filing with Commodity Credit Cor Colorado Fuel and Iron Corp_ 7458 in any industry or occupation in which poration certified copies of the agreement District Board 8______7457 the Secretary finds that the nature and between the parties to such contracts. Dobson, H. J______7456 exigencies of operations make such ac French and Son______7457 tion necessary or advisable for the suc Section 224.13 Liquidated damages, is Commodity Credit Corporation: cessful prosecution of the war, the Sec amended to read as follows: Cotton sales for export program, retary may determine that any or all § 224.13 Liquidated damages. In all amendments______7419 of the provisions of this order shall not cases in which (a) cotton is sold by the Soybean loan instructions, apply to such industry or occupation Corporation in reliance upon registered amendments (2 documents) _ 7420, 7421 or to any classes of employees therein.” sales for future delivery and satisfactory evidence of the exportation, prior to No Customs Bureau: F ranklin D R oosevelt vember 30, 1942, of an equivalent quan Airport of entry designations: tity of cotton in fulfilment of such sales Calexico, Calif., revocation__ 7421 T he W hite H ouse, is not filed within the prescribed time Miami, F7a., redesignation__ 7421 September 17, 1942. Fish and fish livers, additional with lÿie Corporation or (b) cotton as to data______\ ______7422 [F. R. Doc. 42-9277; Filed, September 18, 1942; which satisfactory evidence of exporta E conomic W arfare Board: 2:27 p. m.] tion has been submitted re-enters the Export control; general intransit United States or its possessions (other licenses, amendments____ 7429 17 F.R. 7159. (Continued on next page) (Continued on next page) 7419 7420 FEDERAL REGISTER, Tuesday, September 22, 1942
CONTENTS—Continued CONTENTS—Continued Office of P rice Administration— W ar P roduction B oard: Page Continued. Page Automobiles, n ew passenger FEDERA1BREGISTEB Bicycles, resale of war (MPR (Directive 1-A, Am. 4)___ 7429 k »3« J Section 230.2 Loans, paragraphs (a) Section 230.3 Purchases, is amended TITLE 9—ANIMALS AND ANIMAL and (b) are hereby amended to read as by adding between paragraphs (b) and PRODUCTS follows: (c) thereof the following language: Chapter I—Agricultural Marketing (a) Amount. The .basic loan values The basic price will apply to all pur Administration for No. 1 and No. 2 soybeans shall be in chases made prior to January 1, 1943, accordance with the following schedules: at which time the basic price shall be P art 204—P osted S tockyards and Live (1) Soybeans of classes I and II (green advanced 1 cent per bushel, and on each P oultry M arkets and yellow): succeeding first day of February, March, superior sales company, superior, (1) $1.67 per bushel for high oil content. April, May, and June the basic price NEBRASKA (ii) $1.57 per bushel for medium oil shall be increased 1 cent per bushel over Notice Under Packers and Stockvards Ac t 1 content. the price applicable for the immediately (2) Soybeans of classes III, IV, and V preceding month: . S eptember 18,1942. (brown, black, and mixed): . Dated August 6, 1942. Whereas, in accordance with the pro (i) $1.57 per bushel for high oil con visions of section 302 (b) of the Packers tent. [seal] J. B. H utson, and Stockyards Act, 1921 (7 U. S. C. sec. (ii) $1.47 per bushel for low oil con President. 202 (b)), the Secretary of Agriculture tent. [P. R. Doc. 42-9308; Piled, September 19, 1942; posted the stockyard known as the Mc (3) Soybeans of any class grading No. 11:00 a. m.] Kee Sales Company, Superior, Nebraska, 3 with respect to factors other than as being subject to the provisions of said moisture and having not more than 14 Act; and percent moisture shall be discounted 3 Whereas, it appears that said stock- cents per bushel below the basic loan yard is now known as The Superior Sales value for No. 1 or No. 2. Company, and is being operated by J. L. (b) Maturity and interest. Loans on TITLE 7—AGRICULTURE Miller, doing business as The Superior eligible soybeans will be available after Chapter I—Agricultural Marketing Sales Company: the 1942 harvest begins and through Administration Now, therefore, It is ordered, That the March 31, 1943. Loans will mature on notice of the posting of said stockyard be, demand, but not later than June 30,1943. P art 161—R egulations for the Enforce and it hereby is, amended to show that Consent for storage of the soybeans on ment of T he I nsecticide Act the correct name of the stockyard is The the farm until September 1, 1943, will be AMENDMENT OF WORDING Superior Sales Company, Superior, required. The loan rate includes a 7-cent Nebraska. per bushel storage allowance which may By virtue of the authority vested in '"{ seal] G rover B. H ill, be retained by the borrower if the soy the Secretary of the Treasury, the Sec Assistant Secretary of Agriculture. retary of Agriculture, and the Secretary beans are delivered to Commodity Credit [P. R. Doc. 42-0312; Piled, September 19,1942; Corporation in payment of the loan at of Commerce by The Insecticide Act (36 10:59 a. m.] maturity or prior thereto if payment is Stat. 331, as amended; 7 U. S. C. 1940 ed. demanded for a reason other than dam 121-134), the following amendments to age to the collateral or misrepresentation Title 7, Chapter 1, Part 161, Code of Fed by the borrower. I t delivery is made eral Regulations, as published in the F ed TITLE 19—CUSTOMS DUTIES prior to maturity due to damage or eral R egister on September 25, 1941 (6 Chapter I—Bureau of Customs threatened damage to the collateral, the F.R. 4878), are promulgated: [T. D. 50722] producer shall refund to the Corporation Section 161.2 (c) is amended to read: an amount equal to 1 cent per bushel P art 4—Application of Customs Laws to per month for each month or fraction (c) “Administrator” means the Admin Air Commerce thereof he fails to store the beans, to istrator of the Agricultural Marketing June 30, 1943, not to exceed a total of Administration of the United States De CALEXICO MUNICIPAL AIRPORT, CALEXICO, 7 cents per bushel. Loans will be made partment of Agriculture or any officer or CALIFORNIA on a note and chattel mortgage basis, employee of that Administration to Designation as Airport of Entry Revoked* using C. C. C. Grain Form A (Revised) whom the Administrator has heretofore September 17, 1942. lawfully delegated, or to whom the Ad (note) and C. C. C. Grain Form AA (Re The designation of the Calexico Mu vised) (chattel mortgage). ministrator may hereafter lawfully dele gate, the authority to act in his stead. nicipal Airport, Calexico, California, as Dated August 6, 1942. an airport of entry for civil aircraft and [seal] J . B. H utson, In §§ 161.3 and 161.9, the words “Chief merchandise carried thereon arriving President. of Service” are stricken and the word from places outside the United States is “Administrator” is substituted therefor. hereby revoked, effective this date. [P. R. Doc. 42-9307; Piled, September 19,1942; Wherever they occur in Part 161, the 11:00 a. m.] words “Agricultural Marketing Service” (Sec. 7 (b), 44 Stat. 572; 49 U.S.C. 177 are stricken and the words “Agricultural (b)). Marketing Administration” substituted [seal] H erbert E. G aston, [Amendment 2 to 1942 C. C. C. Soybean therefor. Acting Secretary of the Treasury. Form 1—Instructions] Done at Washington, D. C. this 19th [P. R. Doc. 42-9280; Filed, September 18,1942; P art ‘230—1942 S oybean Loans day of September, 1942. 4:42 p. m.] INCREASE IN BASIC PRICE TO BE PAID FOR Witness my hand and the seal of the NO. 1 AND NO. 2 SOYBEANS PURCHASED Treasury Department. [T. D. 50723] SUBSEQUENT TO JANUARY 1, 1943 [seal] H erbert E. G aston, Acting Secretary of the Treasury. P art 4—Application of Customs Laws Pursuant to the provisions of Title to Air Commerce III, section 302 (a) of the Agricultural Witness my hand and the seal of the CHALKS FLYING SERVICE AIRPORT, MIAMI, Adjustment Act of 1938, as amended, Department of Agriculture. (52 Stat. 43; 7 U. S. C., Sup., 1302), Com FLORIDA [seal] G rover B. H ill, Redesignation as Airport of Entry for modity Credit Corporation has author Acting Secretary» of Agriculture. ized the making of loans on farm-stored One Year 1 soybeans or the purchase of soybeans Witness my hand and the seal of ther S eptember 17, 1942. stored in approved warehouses or deliv Department of Commerce. ered to designated delivery points in ac The Chalks Flying Service Airport, [seal ] W ayne C. T aylor, Miami, Florida, is hereby redesignated as cordance with the regulations in this Acting Secretary of Commerce. part (1942 C. C. C. Soybean Form 1— 1 Modifies list posted stockyards 9 CPR 204.1. Instructions). Such regulations are [F. R. Doc. 42-9305; Filed, September 19,1942; 3 This document affects the tabulation in amended as follows: 10:59 a. m.] 19 CPR 4.13. 7422 FEDERAL REGISTER, Tuesday, September 22, 1942 an airport of entry for civil aircraft and deletions from The Proclaimed List of Edificio Germánico Compañía Inmo ^merchandise carried thereon arriving Certain Blocked Nationals, Revision H I1 biliaria S. A.—Leandro N. Alem 150, Bue from places outside the United States, as of August 10,1942 (7 P.R. 6282) is hereby nos Aires, ni-2. defined in section 9 (b) of the Air Com- promulgated , “El Argentino”.—Uspallata 981, Bue inerce Act of 1926 (U.S.C. title 49, see. By direction of the President: nos Aires. III-2. 179 (b)), for a period of one year from Cordell Hullin' \ Fantoni, Mario.—Avenida Roque Sáenz September 17,1942. Secretary of State. Peña 555, Buenos Aires. III-2. (Sec. 7 (b), 44 Stat. 572; 49 U.S.C. 177 J esse H. J ones, Fernández, Juan Antonio.—Rojas 1047, Schnitzler, Ricardo.—Corrientes 923, Botica Matthei.—Calle Ramírez es Weil Gardeweg, Carlos.—Varas 880, Buenos Aires. III-2. quina Bulnes, Osorno. III-2. Puerto Montt. IH-2. Schnitzler y Eder.—Corrientes 923, Brain, Demartini Ltda.—San Antonio Colombia Buenos Aires. III-2. 579 (Casilla 1740), Santiago, m -2 . Schoeller, Carlos J.—Rioja 1584, Rosa Campos Araya, Carlos.—ArauCo 350, Pardo, Jesús.—Bogotá, n i-2 . rio. III-2. Santiago, ni-2. Parra, Saul.—Calle 12 No. 4-88, Bogotá. Schuhmann y Schrenk. Victoria 1922, Casa Escocesa.—Serrano 498, Valpa m - 2. Buenos Aires, III-2. raiso. m -2. Ruehle, Wilhelm.—Medellin, m -2. Storch, Guillermo.—Corrientes 366, Cigarrería Delicias.—Calle Bulnes, Buenos Aires. III-2. Temuco. III-2. Costa Rica Talleres Gráficos La Aurora.—Chile Dominguez, Ricardo.—Libertad 173, Aronne Filomena, Luis.—San José. 424, Buenos Aires. III-2. Valdivia, m -2. m - 2. Talleres Mecánicos “JONE”.—Lafay- “El Danubio Azul”.—Prat 466, Anto Botica Quirós.—San José. HI-2. ette 1735, Buenos Aires. ÌII-2. fagasta. III-2. Bruno Mamieri, José.—San José. Thenée, José.—Belgrano 774 y Ramella Farmacia Germania.—Pedro Montt m -2 . 127 Bernal, Provincia de Buenos Aires. 1895, Valparaiso. III-2. Bruno Mainieri, Nicolás.—San José. III-2. Figueroa, 'Feliciá.—Calle Bulnes, Te- HI-2. Tsuda, Masao.—Junin 1479, Buenos muco. m -2. Cersósimo Gugliotta, Francisco.—San Aires. IH-2. Franz, Werner.—Carrera 863, Osorno. José. III-2. Wolff, Bruno.—Tabaré 1040, Buenos m -2 . Cersósimo Gugliotta, José.—San José. Aires. III-2. Fuchslocher, Egon.—Prat 780, Osorno. III-2. Wolff, Eckard.—Tobaré 1040, Buenos m -2 . Cersósimo Gugliotta, Juan.—San José. Aires. III-2. Fundición Volcán.—Freire 359, Osorno. m - 2. Wolff, S. de R. L., Bruno.—Tabaré m - 2. Croceri y Cía.—San José. III-2. 1040, Buenos Aires, m -2 . García Serdio, Arsenio.—Puente 676, Delcore Beiucci, Domingo.—San José. Santiago, m -2. m - 2. Bolivia Giacaman, Musa Jiries.—Prat 466, An Delcore Beiucci, Nicolás.—San José. Benthin, Max.—Cochabamba. III-2. tofagasta. m -2. m - 2. Casa Universal.—Loaiza 88 (Casilla Grote, Pablo.—Matta esquina Carrera, Delcore & Aronne.—San José. IH-2. 478), La Paz. m -2 . Osorno. m -2. Guidi Santarelli, Corrado.—San José. “El Louvre”.—Potosí 393 (Casilla 26), Haenel Rabenau, Arturo.—Estado 260, m - 2. La Paz. m -2 . Santiago, m -2. Luisi y Cía., Marmolería, U.—San José. Srtiulz, Erich M.—Sánchez Lima 596, Hilgers y Weis.—Carrera esquina IH-2. La Paz. m -2 . Colón, Osorno. III-2. Neurohr, Julio.—San José. HI-2. Siebeis, Gerardo.—Calle Mercado (Ca Hubach, Fernando.—Osorno and Ria- Neurohr, Aserradero Julio.—San José. silla 914), La Paz. m -2 . chuélo. m -2 . m -2 . Siebeis, Piambrería Alemana de Gerar Inducación Wagner - Beckers y Cía., Quirós, Marta viuda de.—San José. do.—Mercado 74, La Paz. m-2. Ltda.—R. Phillippi 341 (Casilla 125), m -2. Snitovsky, Szalem.—Loaiza 88 (Casilla Valparaiso. III-2. Rimolo D’Agostino, Fidel.—San José. 478), La Paz. m -2 . Kunstmann Ribbeck, Erico.—Calle m -2. Spreckels, Teodoro.—Potosí 393 (Ca Arturo Prat esquina Libertad (Casilla Rimolo D’Agostino, José.—San José. silla 26), La Paz. m -2. 175), Valdivia, n i- 2. m -2 . Steiner, Robert.—Cochabamba. m -2. “La Riojana”.—Ramírez 818, Osorno. Rimolo D’Agostino, Leonardo.—San Brasil m - 2 . José. HI-2. Lehmann, Alberto.—Egaña 807-847, Rimolo d’Agostino, Luis.—San José. Blanco Prior e Cia., P.—Rúa Amador Puerto Montt. m -2. HI-2. Bueno 101, Santos, m -2 . “Lucelys”.—Ramírez 1013, Osorno. Rímolo Hermanos.—San José. m -2. Casa Allemâ, Tecidos, Movéis e Tapeca- m - 2. Ulloa Z., Miguel Angel. San José. rias, S. A.—Rua do Ouvidor 158, Rio de Marini Monteverde, Silvio.—Avenida IH-2. Janeiro, m -2. Pedro Montt 1844, Valparaiso. IH-2. Zapatería La Renaciente.—San José. Dima S. A., Distribuidora de Máquinas Matthei, Eduardo.—Ramírez 754, HI-2. Brasileiras.—Sao Paulo, m -2 . Osorno. III-2. Ecuador Poto Optica Adro.—Rúa 15 de Novem Mercería Puente.—Puente 676, San bre 357, Curitiba. m -2 . tiago. m -2. Costa, Guido.—Guayaquil, m -2. Frey, Oficina Fred.—Rua Thiers 136, Molino Rahue.—República 272, Osorno. Neira, Alberto.—Ayacucho 202, Guaya Sao Paulo. III-2. m - 2. quil. m -2. Marquardt, Julius.—Avenida Almiran Morawitz, Max.—Freire 314, Osorno. Orrantia González, Joaquín.—Guaya te Barroso 81, Rio de Janeiro, m -2 . m - 2. quil. m -2. Salón “Viena”.—marcia Moreno 47, Chüe Nolff, Max.—Arturo Prat 850 (Casilla 26), Vallenar. m -2. Quito, m -2. Albertz, G. y R.—Lautaro 866, Santi Radio Maipo.2—Huérfanos 1055, San von Gizitzky, Bernardo.—Manta. HI-2, ago. III-2. tiago. HI-2. von Gizycki, Bernardo.—Manta, m -2 . Ankelen H., Juan.—Pedro Montt 1895, Scheuch Fritz, Augusto.—Calle Re Witte, Fritz.—Manta. HI-2. Valparaiso, m -2. público, Osorno. m -2. El Salvador Aragón, Fermín.—Ramírez 818, Osor- Schuck, Ricardo. — Carrera 979, no. III- 2. Osorno. HI-2. Schmidt, Arthur Max.—Delgado 26, Aubel Renz, Jorge.—Calle República, Schuller Flaig, Otto.—General Lagos San Salvador. HI-2. Osorno. m -2 . 1356, Valdivia. HI-2. Haiti Barrio, Basilio.—Ramírez, 818, Osorno. Seeger, Alberto. — Calle Ramírez, m -2. - Osorno. m -2 . Caprio, Raphael. — Port - au - Prince. Becker y Cía. Ltda., A.r-Santo Do Troeger, ICurt.—Cochrane 843, Piso 3, m - 2. mingo 1158, Santiago. III-2. Valparaiso, m -2. de Matteis, Attilio.—Rue du Peuple, Bischoffshausen y Puchslocher Ltda.— Vega y Cía, Ltda., José.—Vicuña Port-au-Prince. HI-2. Ramírez 641, Osorno. m -2 . Mackenna 801, Santiago, m -2 . Färber, Alfred.—Pétionville. IH-2. Böker, Carlos.—Serrano 498, Valpa von Bischoffshausen, Ernesto.—Ramí Gaetjens, Raoul. — Port - au - Prince. raiso. m -2 . rez 643, Osorno. HI-2. m - 2 ., Botica Alemana.—Arturo Prat 850 Wagner, Carlos.—Picarte 453, Valdivia. Lajat, Louis.—Rue des Césars (Boîte (Casilla 26), Vallenar. III-2. HI-2. Postale 111), Port-au-Prince. IH-2. Botica Central.—Calle Ramírez, Osor Lajat & Co.—Rue des Césars (Boîte no. m -2. * Formerly known as Radio Hucke. Postale 111), Port-au-Prince. HI-2. 7424 FEDERAL REGISTER, Tuesday, September 22, 1942 Leonhardt, Martin. — Port-au-Prince. Sasaki, Pablo T.—Esperanza 150, Mira- Bolivia HI-2. flores. m -2. For Zehl, Albert.—Plaza 14 de Sep Maglio, Joseph (Giuseppe).—Avenue Sato, K.—Petit Thouars 2111, Lima, tiembre, Cochabamba; and Oruro, substi Président Trujillo, Port - au - Prince. IH-2. tute Zehl, Albert.—Plaza 14 de Septiem m -2 . Sato, T.—Luna Pizarro 320, Lima. bre, Cochabamba. Maglio, Joseph (Mme.).—Avenue Pré IH-2. For Zehl y Cía., Albert.—Plaza 14 de sident Trujillo, Port-au-Prince, m -2 . Sato, Y.—Cuzco 773, Lima. IH-2. Septiembre, Cochabamba; and Oruro, Maimone, Louis (Luigi).—Rue Roux, Shijara, Masaki.—Amazonas 299, substitute Zehl y Cía., Albert.—Plaza 14 Port-au-Prince. HI-2. Lima, m -2. de Septiembre, Cochabamba. Maimone & Fils, François.—Rue Roux, Shimiya, Y.—Cuzco 630, Lima. m -2. Port-au-Prince. III-2. Susuki & Co., Y.—Virreyna 415, Lima. Brazil Salimbene, Edouard.—Port-au-Prince. HI-2. For Romano, Adolpho.—Praga Coro III-2. Takeshi, Gasaku.—Cotabambas 299, nel Eneas 38, Curitiba, and all branches Salimbene Frères.—Port - au - Prince. Lima. m -2 . in Brazil, substitute Romano, Adolpho.— m -2 . Tamashiro, Kohe.—Santa Ana 901, Praga Coronel Eneas 38 e Rua 15 de Schmid, Louis Ferdinand.—Port-au- Lima. m -2. Novembro 357, Curitiba. Prince. III-2. Taniguchi Tanino y Cía:—Judíos 276, Lima. III-2. Chile Panama Uda, M.—Aumente 425, Lima. IH-2. For CB 93 (ex-Radio Hucke).—Huér Vargas, Eugenio.—Colón. III-2. Watanabe & Co., K.—Esperanza 156, fanos 1055, Santiago, substitute CB 93 Lima. III-2. Radio Maipo.®—Huérfanos 1055, Santi ■Perú Yagui, Masanori.—Nazca 252, Lima. ago. Amemiya, Pedro Toshio.—Santa Cata HI-2. For CE 1174 (ex-Radio Hucke).— lina 640, Lima. m -2 . Yagui, S.—Independencia 485, Lima. Huérfanos 1055, Santiago, substitute CE Arakawa, Sempu.—Recuay 218, Lima. HI-2. 1174 Radio Maipo.*—Huérfanos 1055, m -2 . Yamakawa, S.—Huanta 1232, Lima. Santiago. Araki, Takeshi.—Francisco Pizarro 404, III-2. Colombia Lima. m -2 . Yamashiro, Hanjiu.—Zárate 460, Lima. IH-2. Relative to Iannini Buraglia, Genaro.— Asay, K.—Zamudiu 699, Lima. m -2. Calle 13 No. 7-20, Bogotá, see footnote 7. Chinen Co., H.—Manco Capac 900, Yanakowa, M.—Zamudio 661, Urna. HI-2. Relative to Iannini y Cía.—Calle 13 Lima. III-2. No. 7-20, Bogotá, see footnote 7. Doy, N.—Hoyos 806, Lima. m -2. Yoshimoto, Pedro.—Huiracocha 1824, Lima. HI-2. For Núñez B., Emilio.—Apartado Na Fujishin, H.—San Diego 738, Lima. cional 648, Barranquilla, substitute Nú III-2. Ywanami, Maryama.—Surquillo, San Diego 124, Lima. HI-2. ñez Vargas, Emilio.—Apartado Nacional Ginocchio & Co., J.—Paita, n i-2 . 648, Barranquilla. Gnamm, Fritz.—Arequipa. III-2. Uruguay Haraba, Isabel T.-*-Ayacucho 839, Cuba Lima. m -2 . Bianchi, Erminia Locotelli de.—Car For Pinks, Gerhard.—Habana, substi Haraba, S.—Ayacucho 839, Lima. melo 1424, Montevideo. IH-2. tute Pinks, Ernst Gerhard.8—Calle D *o. III-2. Fils, Armin.—Camino Castro 595, Mon 5, Habana. Higa, J.—Camaná 849, Lima. m -2. tevideo. m -2. Ecuador Hirata, T.—Cajamarca 523, Lima. Turcatti, Félix.8—Lavelleja 2112, Mon III-2. tevideo. IH-2. For Zohrer, Adolf.—Casilla 277, Guaya Hojata, Juan.—Hoyos y Capón, Lima. Turri Hermanos.—Burgués 3217, Mon quil, substitute Zohrer Tama, Adolf E.—> HI-2. tevideo. m -2. Pedro Carbo 707-715 (Casilla 277), Gua Horiba, Juan K.—Vitarte. HI-2. yaquil. Ichicawa & Co., T.—Divorciadas 605, Venezuela Mexico Lima. m -2 . For Abe, J.—M. Ocampo 321, Maza- Ikeda, Pedro.—Libertad 301, Lima. Debis, Emilia.—Avenida Libertador 50 tlán, substitute Abbe, Shoji (Luis).— m - 2. Oeste, Maracaibo. HI-2. Ishii, Augusto Ch.—Zavala 565, Lima. Hermann, Emil.—Maracaibo. HI-2. Peru m -2 . Relative to “La Papelera”.—Junín (Zá Kaigai Kogyo Kabushlki Kaisha.— AMENDMENTS rate) 442 (Casilla 337), Lima, see foot Callao 202, Lima. III-2. Argentina note 9. Kaneko, Jimatsu.—Andahuaylas 1110, DELETIONS Lima. m -2. For Barral, Andrés.—Pasaje Judio Kishimoto, Kenjun.—Pachitea 388, 2070, Piñeyro, Avellaneda, substitute Argentina Lima. m -2. Barral, Andrés.—Cabildo 607 esquina Racca, Angel.—Rosario. Koda, Minoru.—Trujillo 805, Lima. Pasaje Indio 2070, Avellaneda. “Sudamsteel” Soc. de Resp. Ltda.— m -2 . For Bergdolt, Alberto.—Piedras 736-44, Sarmiento 459, Buenos Aires. Kondo, K.—Arequipa 736, Lima. m -2 . Buenos Aires, substitute Bergdolt, Al Konno, Terakatsu.—Hoyos 899, Lima. berto.—Avenida de Mayo 1437, Buenos Bolivia m -2 . Aires. Copa Pérez, Marcelino.—Oruro. Maderera Tulumayo, S. A., Cía.—Tingo For Di Toma, Nicolás.—Méjico 936, María and Lima. HI-2. Buenos Aires, substitute Di Toma, Nico Colombia Matsuda, Carlos.—Pueblo Libre, Ha lás.—Bernardo de Irigoyen 584, Buenos Elaboradora de Artículos de Seda S. A.. cienda Cueva. III-2. Aires. Soc.—Calle 33 No. 6-37, Bogotá. Matsufiji, Julio.—José Gálvez 551, Relative to “Italóptica”.—Corrientes Fábrica Nacional de Artículos de Alu Lima. m -2 . 571, Buenos Aires, see footnote 4. minio S. A.—Apartado 568, Barranquilla. Nakanichi, M.—Colmena 256, Lima. Relative to Perfumerias Tosca, S. A.— “FANAL” Fábrica Nacional de Artícu m-2.i Blanco Encalada 3145, Buenos Aires, see los de Aluftiinio, S. A.—Apartado 568, Nishi, Tadiemon.—20 de Setiembre 101, footnote 5. Barranquilla. Lima. m -2. Nishimura, Tomekichi.—Andahuaylas For Seculi, Gahn y Cía.—General 8 Formerly known as Radio Hucke. 1057, Lima. IH-2. Mitre 1563, Rosario, substitute Seculi & 7 Not to be confused with Genaro Iannini Gahn.—General Mitre 1563, Rosario. & Hnos., Carrera 7 No. 16-28, Bogotá. Okada & Tanimoto.—Sinchi Roca 459, 8 Not to be confused with Dr. Gerhard Paul Lima. m -2. * Not to be confused with Turcatti & Casalia. Pink, Calle F no. 507, Vedado, Habana. Oshiro, Magosei.—Manca Capac 944, * Owned by Santos Zaghi. “Not to be confüsed with La Papelera Pe Lima. m -2. * Distributors of eau de cologne “NO. 4711”. ruana S. A., Huallaga 489, Lima. FEDERAL REGISTER, Tuesday, September 22, 1942 7425 Henríquez y Cía., S: D. C.—Riohacha. Leal, Antonio Firmino.—Rua de Ar- Zipfel, Albert. — Muguia-Muaguide, “SEDAS” Sociedad Elaboradora de Ar roios 77, Lisbon. III-2. Quissanga, Niassa. HI-2. tículos de Seda S. A.—Calle 33 No. 6-37, Leitao, Miguel Teixeira.—Praca dos Spain Bogotá. Restauradores 13, Lisbon, m -2 . Aduanas y Transportes Jose Herrero Costa Rica Utographia Lusitania. — Matozinhos, Oporto, m -2. S. A.—Barcelona. III-2. Los Baños.—Puntarenas. Prata, U. M. da Costa.—Oporto. IH-2. Aralai S. A., Cia. de Explotaciones Mineras.—Calle Zumalcarequi, Tolosa Cuba Ribeiro, Carlos Augusto.—Rua de Mocambique 42, Lisbon. IH-2. (Guipúzcoa)/ HI-2. Pharmaceutical Importers, S. A.—Ha . Ribeiro, Estevao Augusto.—Rua de Assicurazioni Generali.—Ave. Jose An bana. Mocambique 42, Lisbon, m -2. tonio 16, Madrid, and all branches in Química Lissa S. A.—Linea 552, Veda Schultz, Wilma.—Rua do Carvalhido Spain. m -2. do, Habana. 153, Oporto, m -2. Baquera Segalerva, Rafael.—Plaza de Química Schering S. A.—Avenida Wil Uva,. Domingos, Sancho de Sousa.— las Cortes 3, Madrid, and at Malaga. son 552, Habana. Rua Serpa Pinto 122, and Rua Guerra m - 2. Schering Pharmaceutical Corporation JungueirO, Matozinhos, Oporto. HI-2. Beselin, Val H.—Plaza de las Cortes 3, of Cuba S. A.—Habana. Madrid, m -2. Schering S. A., Química.—Avenida Azores Calza Bini, Gino.—Madrid. HI-2. Wilson 552, Habana. Camara, Dr. Antonio da.—Rua Tavares “Cites”—Casa Italiana Transportì e Spedizioni.—Alcala 61, Madrid, m -2. Peru Rezende, Ponta Delgada, Sâo Miguel. m -2. "Colonsa”.—Plaza de Colon 3, Madrid. Naeman, Andrey.—Lima. Exportadora Ltda.—Ponta Delgada, III-2. Preutsky, Jaime.—Avenida Progreso Sâo Miguel, m -2 . Corradi, Felipe.—Alcala 61, Madrid. 977, Lima. Soares, Cristovao da Mota.—Capellas, m - 2. Sâo Miguel. IH-2. Cuartero, Arturo.—Madrid, m -2. P art II—Listings Outside American R e Draeger, Gustavo.—Seville. m -2 . pu b l ic s Madeira Errausqui, Victoria.—Irun. ni-2. additions Branco, Jose Maria.—Funchal, m -2. Escalante, Enrique.—Primo de Rivera Iran Corte, Joao da.—Rua das Murcas, 7, Irun. III-2. Funchal. III-2. Espanda de Comercio con el Extran Miskerzadeh & Bros., Haji All.—Tabriz. Dantas, Francisco.—Camara de Lobos. jero, S. A.—Plaza de Colon 3, Madrid. III-2. IH-2. m - 2. Miskerzadeh, Haji Ali.—Tabriz. HI-2. Fernandes, Joao.—Caminho de S. Mar- Fabricaciones y Repuestos Aeronáuti Morocco tinho, Funchal. III-2. cas S. A. (S. A. F. I. R. A.).—Marques Goncalves, Luciano Anseimo de de Riscal 10, Madrid, m -2 . Spanish Morocco Jesus.—Casa Coimbra, Rua 31 de Janeiro, Gomes de Sa, Henrique Alberto.—Ma Almadraba Marroqui.—Lar ache. IU-2. Funchal, n i-2 . drid. m -2. Grilli, D. Renato (Owner of S. T. “Pri Tangier International Zone Gouveia, Renato.—Rua Serpa Pinto 23-25, Funchal, m -2 . mer Enrique” and S. T. “Segundo En Almadraba del Cabo Spartel.—Ave. de Jesus, Antonio Martins de.—Casa rique”) .—Irun.. m -2 . España, Tangier, m -2. Coimbra, Rua 31 de Janeiro, Funchal. Herrero S. A. Jose, Aduanas y Trans Ravella, Lorenzo.—Rue du Statut 56, III-2. portes.—Barcelona, m -2 . Tangier. HI-2. Moreira,, Joao.—Machico. III-2. Instituto Nazionale delle Assicurazi Sociedad General de Pesquerías y Con Pereira, Alberto Faria.—Casa Coim oni.—Montera 53, Madrid, and Calle Na servas de Marueccos.—Plage, Tangier. bra, Rua 31 de Janeiro, Funchal, m -2. varra 1, Bilbao.—m -2. IH-2. Soares, Antonio.—Camara de Lobos. Italiana Transporti e Spedizioni, Casa Societe Generale de Pecheries et Con III-2. (“Cites”) .—Alcala 61, Madrid. HI-2. serves au Maroc.—Plage, Tangier, m -2 . Souza, Agostinho.—Camara de Lobos, Labourdette, Juan Batista.—Ave. Salis, and Casa Coimbra, Rua 31 de Janeiro, Irun. m -2 . Portugal and Possessions Funchal, m -2. Lazzarovich, Jorge.—Hotel Valencia, Madrid, m -2 . Portugal Souza, Joao.—Camara de Lobos, and Casa Coimbra, Rua 31 de Janeiro, Fun Le Assicurazioni d'Italia.—Montera 53, Bacelar, Luiz, Ribeiro Pinto.—Rúa dos chal. m -2 . Madrid, and Calle Navarra 1, Bilbao. Douradores 100, Lisbon. III-2. Souza, Tome.—Camara de Lobos, and III-2. Centeio, Francisco Xavier.—Travessa Casa Coimbra, Rua 31 de Janeiro, Fun Leopardi, Conde Corrado.—Lagasca 95, das Salgadeiras 7, Lisbon. HI-2. chal. HI-2. Madrid. IH-2. Cunha, Elisio M. da.—Rua Cecilia de Teixeira, Jose.—Rua Serpa Pinto 23- Lopez Uribe, Luis.—General Mola 50, Sousa 23, Lisbon, n i-2 . 25, Funchal. HI-2. Saragossa. III-2. Empresa Mercantil de Importacao e Viana, Luiz.—Rua Serpa Pinto 23-25, Maissa, Elio Francisco.—Madrid. IH- Exportacao Ltda.—Rua dos Douradores Funchal, m -2 . 2. 100, Lisbon. IH-2. Mampel, Gaspar.—Consejo de Ciento Fabrica de Conservas Leixoes Ltda. Mozambique 221, Barcelona, m -2 . (“Facole”).—Rua Guerra Jungeiro 209, Margareto Vázquez, Dr. Jose.—Fuen- Matozinhos, Oporto. HI-2. Dahlmann, Georg.—Mehegane-Ancu- carrel 88, Madrid, n i-2 . “Facole”—Fabrica de Conservas Lei abe, and Macarara, Porto Amelia, Niassa. Mato, Pedro.—Calle Alba, 49, San Juan xoes Ltda.—Rua Guerra Jungeiro 209, m - 2. de Palamos. HI-2. Matozinhos, Oporto, n i-2 . Freier, Karl von.—Mareja-Metuge, Montes de Galicia, Explotadora de Mi Franco, Virgilio Lino.—Rua Ramalho Porto Amelia, Niassa. III-2. nas S. A.—Policarpo Sanz 35, Vigo, and Ortigao 16, Lisbon, m -2. Huttig, Emil O. — Negolen - Ancuabe, at Orense. IH-2. Franco Ltda., Virgilio.—Rua Ramalho Porto Amelia, Niassa. HI-2. Nortes.—Seville. m -2. Ortigao 16, Lisbon. III-2. Lohr, Justus Robert.—Narrussa-Ancu- Orsolini, Alberto.—Bailen 149, Barce Guimaraes, Fernando Vasconcelos.— abe, Porto Amelia, Niassa. m -2 . lona. IH-2. Praca dos Restauradores 13, Lisbon, and Siemers, Fritz—Mericue and Secubir, Prager, Hans.—c/o Banco Germanico Rua da Fabrica 45, Oporto, m -2 . Antonio Enes, Niassa. m -2 . de la America del Sud, Madrid, m -2. Guimaraes & Co., Ltda,., F. Vascon Siemers, Hans.—Mericue and Secubir, Reuss, Otto Pablo.—Alarcon 7, Madrid. celos.—Praca dos Restauradores 13, Lis Antonio Enes, Niassa. HI-2. m - 2. bon, and Rua da Fabrica 45, Oporto. Tepper, Johannes.—Memba-Ancuabe, Riveras de la Portilla, Angel.—Goya IH-2. Porto Amelia, Niassa. HI-2. 67, Madrid, m -2. Heine, Edgar.—Rua Ramalho Ortigao Trepte, Max Kurt.—Joga-Ancuabe and Riveras de la Portilla, Señora Angel.— 16, Lisbon. IH-2. Mihali, Porto ^Amelia, Niassa. HI-2. Goya 67, Madrid. HI-2. 7426 FEDERAL REGISTER, Tuesday, September 22, 1942 Riveras Soc. Ltda.—Goya 67, Madrid. Zumstein & Co.—Marktgasse 50, Bern. Spain and Possessions m -2. IH-2. Canary Islands Rosell, Antonio.—Tarragona. IH-2. Turkey Rosell y Herrero.—Rambla Cataluña 1, Ceballos, Andres S. (Owner of S. S. Barcelona. HI-2. Bayrakdaroglu, F i k r e t.—Germania “San Miguel”).—Las Palmas, Grand S. A. P. I. R. A.—Fabricaciones y Re Hans 28-9, Istanbul, n i-2 . Canary. puestos Aeronáuticas S. A.—Marques de Bayrakdaroglu ve Seriki, Fikret.— Switzerland Riscal 10, Madrid. HI-2. Germania Han 28-9, Istanbul. HI-2. Sa, Henrique de (Henrique Alberto Go Fantasia, Jacques.—Izmir. HI-2. Rohner A. G., Chemische Fabrik.— mes de Sa).—Madrid. IH-2. Filipucci, Eduar.—Kurtulus 854, Ncu Pratteln. S 35, Izmir, m -2 . Salvador, Juan.—Rambla Santa Mo- [F. R. Doc. 42-9316; Filed, September 19, 1942; nica 2, Barcelona. III-2. Gioskun, Joseph.—Mersin. m -2 . 11:35 a. m.j Schuenemann, Otto Louis.—Plaza de Gless, Gerhalt.—Birinci Kordon 124, Compostela 24-25, Vigo. HI-2. Izmir, m -2 . Schul, Guillermo.—José Antonio Primo Hrfhiotis, T. H.—Persembepazar 45, de Rivera 733, Madrid. IH-2. Hakki Bey Han, Galata, Istanbul. Tovani, Camilo.—Plaza Nueva 5, Se- m -2 . TITLE 29—LABOR ville. HI-2. Missir, Albert.—Izmir. IH-2. Walter, Kurt.—Calle Alba 49, San Juan. Momm, Eberhard Ernst.—Germania Chapter V—Wage and Hour Division Han 28-9, Istanbul. III-2. de Palamos. HI-2. P art 621—M inimum W age R ate and R egu “Pak Is”.—Mersin. m -2. Sweden Ricci, J. (Josef Ricci).—Hilal Elektrik lations Applicable to the E mployment of H ome W orkers in the G loves and Bergslagsvarden A/B.—Drottningga- Magazasi, Voyvoda Cad. 10, Galata, M ittens I ndustry tan 11, Stockholm. IH-2. Istanbul, m -2 . EFFECT OF HOME-WORKER CERTIFICATES Deutsche Lufthansa A. G.—Alviksgva- AMENDMENTS gen 121, Appelviken. ni-2. ISSUED BY NEW YORK LABOR DEPARTMENT Iran Deutsches Nachrichtenbüro Vertre The following amendment adding a tung.—Birger Jarlsgätan 53, Stockholm. Relative to Tabriztchi, DJaffer, for new section, § 621.113, to Part 6211 is HI-2. Tehran, substitute Boozarjomehri St., hereby issued. Knieriem, Baron Ottokar Von.—Kung- Tehran. stradgardsgatan 10, Stockholm. IH-2. § 621.113 Effect of home work certif Knorre, Dr. Werner Von.—Brahevagen Portugal and Possessions icates issued by the New York State De 3, Stockholm. III-2. Portugal partment of Labor. Any certificate is Koch, Dr. Carl Fabian Richert Von.— sued to an industrial home worker by the Smedsbacksgatan 14, Stockholm. IH-2. For Bote I. lho, Joaquim Serrano de New York State Department of Labor Von Knieriem, Baron Ottokar.—Kung- Sousa, substitute Botelho, Joaquim Ser under Paragraph H of Home Work Order stradgardsgatan 10, Stockholm, ni-2. rano de Sousa. No. 4 Restricting Industrial Home Work Von Knorre, Dr. Werner.—Brahevagen For Leopardi, Corrado, substitute Leo in the Glove Industry dated June 28,1941, 3, Stockholm, ni-2. * pardi, Conde Corrado. will be given effect by the Administrator Von Koch, Dr. Carl Fabian Richert.— Relative to Serra, Eduardo da Silva for as a certificate permitting the employ Smedsbacksgatan 4, Stockholm. IH-2. Oporto, substitute and Rua Miguel Bom ment of the home worker under the terms barda 456, Oporto. of § 621.3 of the Gloves and Mittens In Switzerland Mozambique dustry Minimum Wage Order for the Adler, Max Erich.—Sihlstr. 1, and period during which such certificate shall Doufourstr. 49, Zürich. IH-2. For Lair, Manoel Ribeiro, substitute continue in force; Provided, That, in ac Babaeff, Ervand.—Ave. Bertrand 7, Lair (Laia), Manoel Ribeiro. cordance with 3 621.109 of the Regula Geneva. IH-2. Spain tions Applicable To The Employment Of Bianchi, John.—Zwischenweg 3, Zolli Home Workers In The Gloves and Mit kon, Zürich, in -2 . Relative to Pares y Cia. S. en C. for tens industry, wages at a rate of not less Haniel A. G., Franz.—Zentralbahnstr. Ave. Marques Argentina 15, substitute than 40 cents per hour shall be paid by 9, Basel. HI-2. Ave. Marques Argentina (Ave. Eduard every employer to each of his home work Hunziker, Ernst.—Gütenbergstr. 10, Maristany) 15. employees who is engaged in commerce and Altstetterstr. 194, Zürich. III-2. Switzerland or in the production of goods for com Koechlin, F.—Binningen. IH-2. merce except if subminimum employ Menetrey, Frau.—Vüla Duboschet 14, For Baeumlin & Cie., Ernst, substitute ment of specific handicapped workers has Clärens (Vaud). IH-2. Baeumlin, Ernst & Cie. been provided for by special certificates Miniere S. A., Cia.—Place des Alpes 1, Relative to Naruva S. A., add and issued by the Wage and Hour Division Geneva. HI-2. Bahnhofstr. 77, Zürich. pursuant to Regulations, Part 524, and Mummenthaler, Max.—Bahnhofstr. 61, For Zimmermann, N. J., Basel, substi provided that, all hours worked by such Zürich. HI-2. tute Zimmermann, Niklaus J.—Mythen- employees in excess of 40 in any work Mummenthaler, Walter.—Bahnofquai quai 26, Zürich. week shall be compensated for at one and one-half times the regular rate of pay. 7, Zürich. HI-2. DELETIONS Ocean Stamp Ltd.-Ozean Briefmarken This amendment shall become effective A. G.—Stadlhausstr. 3, Lucerne. IH-2. Portugal and Possessions on September 21, 1942, and shall be in force and effect until repealed or modi Ozean Briefmarken A. G. (Ocean Portugal Stamp Ltd.).—Stadlhausstr. 3, Lucerne. fied by regulations hereafter made and IH-2. Machado, Olivia.—Rua Conde S. Sal published. Prager, Hans.—Geneva. HI-2. vador 106, Matozinhos, Oporto. Signed at New York, New York, this Staiger, Franz.—Sihlstr. 1, Bahnhofstr. Mozambique 18th day pf September 1942. 67, Zürich. HI-2. L. Metcalfe W alling, Stauffenegger, R. C.—Spluegenstr. 13, Correia & Martins Ltda.—Caixa Postal Administrator. St. Gallen. HI-2. 373, Lourenço Marques. Vetterli, Julius J.—Scheuchzerstr. 210, Portuguese Guinea [F. R. Doc. 42-9337; Filed, September 21,1942; Zürich. HI-2. 10:29 a. m.] Weil, Sophia.—Via Clemente Marain Souleiman & Co., Aly.—Bafata, Bissau, 9, Lugano. HI-2. and all branches ^Portuguese Guinea. *7 FR . 6713, 6714. TITLE 30—MINERAL RESOURCES Division by the above-named party, re It is further ordered, That, pending It is further ordered, That pleadings in Chapter III—Bituminous Coal Division^ questing the establishment, both tempo final disposition of the above-entitled opposition to the original petition in the rary and permanent,» of price classifica matter, temporary relief is granted as above-entitled matter and applications [Dockets Nos. A-16X2 and A-1616J tions and minimum prices for the coals of follows: Commencing forthwith, § 322.7 to stay, terminate or modify the tempo Part 322—Minimum P rice Schedule, certain mines in District No. 2 and for a (Alphabetical list of code members)' is rary relief herein granted may be filed D istrict No. 2 change in shipping points for Mine Index amended by adding thereto Supplement with the Division within forty-five (45) ORDER GRANTING RELIEF, ETC. Nos. 3027 and 670; and Rr-I and R-III, § 322.9 (.Special prices— days from the date of this Order, pur It appearing that a reasonable showing (c) Railroad fuel) is amended by adding suant to the Rules and Regulations Gov Order of consolidation and order grant of necessity has been made for the grant thereto Supplement R-II and R-IV, and erning Practice and Procedure before the ing temporary relief and conditionally ing of temporary relief in the manner § 322.23 (General prices) is amended by Bituminous Coal Division in Proceedings providing for final relief in the matter adding thereto Supplement T, which sup of the petitions of District Board No. 2 hereinafter set forth; and Instituted Pursuant to section 4 n (d) of No petitions of intervention having plements are hereinafter set forth and the Bituminous Coal Act of 1937. for the establishment of price classifica hereby made a part hereof; and, com tions and minimum prices for the coals been filed with the Division in the above- It is further ordered, That the relief of certain mines in District No. 2 and for entitled matter; and mencing forthwith, the shipping points herein granted shall become final sixty a change in shipping points for Mine In The following action being deemed appearing in the aforesaid Supplement (60) days from the date of this Order, REGISTER, FEDERAL dex Nos. 3027 and 670. necessary in order to effectuate the pur R-III for Mine Index Nos. 3027 and 670 unless it shall otherwise be ordered. Original petitions, pursuant tq. section poses of the Act; shall be effective ir. place of the shipping Dated: September 12, 1942. 4 II (d) of the Bituminous Coal Act of It is ordered, That the above-entitled points heretofore established for these [seal] D an H. Wheeler, 1937, having been duly filed with this matters are herein consolidated. mines. . Acting Director. T emporary and Conditionally P inal E ffective M inim um P rices for D istrict No. 2 FOR ALL SHIPM ENTS EXCEPT TRUCK § 322.7 Alphabetical list of code members—Supplement R-I Note: The material contained in these supplements is to be read in the light of the classifications, prices, instructions, exceptions, and other provisions contained in Part 322, Minimwin Price Schedule for District No. 2 and Supplements thereto. [Alphabetical listing of code members having railway loading facilities, showing price classification by size group numbers] Tuesday Sub Freight Size group Nos. Mine dis origin index Code member M ine name Seam trict Shipping point Railroad group No. No. No. 1 2 3 4 5 6 7 8 9 10 11 12 13 H 15 16 , 2528 Doorley, T. L. & J. T. (John T. Doorley Strip (s).___ Pittsburgh.... 3 Martin Prep. Tipple, Monon...... 30 EE E E EEEEE (t) (t) (t) (t) (t) (t) (t) 22 September Doorley). Pa. 2533 Galiardi Coal & Coke Company Crawford #9 (s) - - ...... Pittsburgh___ 3 RAO 114 (1) (f) (1) (1) (i) DEEE CD CD CD CD E E E (Philip Galiardi). 1214 Latchem (d)...... — Pittsburgh___ 9 PRR...... 74 D D CC c c CO c ft) A A A E EE 2531 Loyalhanna Fuel Co. (R. H. Jami Maust #7 (d)...... Pittsburgh.... 9 PR R r . . . ___ 90 G G FF E E E EE (t) CD CD (1) (t) (t) (t) son, Jr.). 2496 Walker, Carl W...... Little Rim (d)____... Pittsburgh__ 3 Pt. Marion, Pa_____ B&O...... 80 FFEE EE E EE (t) (t) (t) ft) (t) (t) ft) tIndicates no classification or prices effective in this size group. , § 322.9 Special prices—(c) Railroad fuel—Supplement 1&-II. in § 322.9 (c) In Minimum Price Schedule, add the mine index numbers in groups shown. Group No. 1: 1942 1214; Group No. 6: 2533; Group No. 7 : 2496, 2528; Group No. 20: 2531. § 322.7 Alphabetical list of code members—Supplement R -m [Alphabetical listing of code members having railway loading facilities, showing price classification by size group numbers] Sub- Freight Size group Nos. Mine dis origin index Code member Mine name Seam trict Shipping point Railroad group No. No. No. 1 ' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 3027 Erminio, Chauncey (Leckrone Elias # 3...... Sewickley____ 3 Geneva, Pa...... M onon.....___ 30 J J H H H H H H H (t) (t) (t) (t) (t) (t) ft) Fuel Company). 670 Solar Fuel Company...... Alice...... Pittsburgh...! 7 Wylie, Pa...... Union______76 ( t ) ' C C. C F F F F F (t) (t) (t) (t) (t) . (t> (t) t Indicates no classifications and prices effective for these size groups. Note: The above prices for Mine Index No. 670 and Mine Index No. 3027 are applicable only via the respective Freight Origin Groups, Shipping Points, Railroads and Railroad Fuel Groups shown for the respective mines. Freight Origin Groups, Shipping Points, Railroads and Railroad Fuel Groups shown in previous schedules are hereby deleted, <1 No. 186----- 2 7428 FEDERAL REGISTER, Tuesday, September 22, 1942 § 322.9 Special prices—(c) Railroad fuél—Supplement R-IV. In § 322.9 (c) in [General Ruling HS-l] Minimum Price Schedule, add the mine index numbers in groups shown. Group p ART 133—R egulations of the G overnor No. 2: 670; Group No. 8: 3027. of Haw a h ; Appendix FOR TRUCK SHIPMENTS BISHOP NATIONAL BANK § 322.23 General prices J uly 7,1942. Bishop National Bank of Hawaii at (Prioes in cents per net ton for shipment into all market areas! Honolulu is hereby authorized to be 4 treated as a domestic bank for the pur Base sizes pose of the definition contained in § 133.2 (d) (6) (i) of the Regulations Relating * to Securities, issued July 3, 1942.1 V H M o $ * [seal] Chas. M. Hite, Code member index Mine Seam in CO 03 a Chapter VIII—Board of Economic Subchapter B—Director General for Operations the amount of each material which he Warfare P art 944—R egulations Applicable to the has on order for delivery during the Subchapter B—Export Control Operation op the P riorities System fourth quarter as follows: (i) If he has received his PRP cer [Amendment No. XXXIX] [Amendment 4 to Priorities Regulation 11] tificate for the fourth quarter, then to a P art 802—G eneral Licenses PRODUCTION REQUIREMENTS PLAN total amount for the quarter which shall not exceed the amount of each such ma MISCELLANEOUS AMENDMENTS Priorities Regulation No. 11 (§ 944.32)1 terial he is authorized to receive during Section 802/0 General intransit li is hereby amended as follows: 1. Paragraph (e) is amended to read thè entire quarter under such certificate. censes 1 is hereby amended in the follow (ii) If he has not received his PRP cer ing particulars: as follows: tificate for the fourth quarter, then to a 1. Subparagraph (1) of paragraph (b) (e) Interim procedure for Class I prototal amount for the quarter which shall is amended by adding to the table set ducers. Any Class I producer who has not exceed the amount of each such ma forth at the end thereof the following: filed his PRP application for the fourth terial he is authorized to receive during General License quarter of 1942 but has not received his the quarter under subparagraphs (1) and Designations -PRP certificate for such quarter may ap (2) of this paragraph (e). Thereafter, Prom U. S. S . R. to U. S. S . R____GIT-R/R ply or extend preference ratings for de upon receipt of his PRP certificate for the livery during such quarter, and, in case fourth quarter he shall make any further 2. Paragraph (d) is amended by add he shall have included advance quarter adjustments necessary to conform to the ing to the list of comihodities set forth applications, may apply or extend pref provisions of paragraph (d) (1) of this therein the following: erence ratings for delivery during only the regulation. Department of Commerce first advance quarter, as follows: The reduction required by this sub- Commodity Schedule B or F Number (1) If he has been operating under the paragraph (4) need be made only to the Quinine sulphate____ ... ______8127.3 Production Requirements Plan, he may aggregate amount for the quarter as pro (Sec. 6, 54 Stat. 714, Public Law 75, 77th apply the same preference ratings he was vided above, without regard to distribu Cong., Public Law 638, 77th Cong.; Order authorized to apply during the preceding tion of deliveries as between the first No. 3, Delegations of Authority Nos. 25 quarter (on his PRP certificates or under month of the quarter and the entire and 26, 7 P.R. 4951.) Priorities Regulation No. 12) to not more quarter. than 40% during the first month of the Dated: September 18, 1942. quarter, and not more than 70% during (P.D. Reg. 1, as amended, 6 F.R. 6680; A. N. Ziegler, the entire quarter, of the amount of each WJ?.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 F.R Deputy Chief, Export Control material which he has indicated on his 329; E.O. 9040, 7 F.R. 527; E.O. 9125, 7 Branch, Office of Exports. PRP application as his anticipated re F.R. 2719; sec. 2 (a), Pub. Law 671, 76th Cong., as amended by Pub. Laws 89 and [P. R. Doe. 42-9319; Filed, September 19, 1942; quirements for the fourth quarter, but in 12:15 p. m.] no event to more than the total amount 507, 77th Cong.) of each material he put into production Issued this 19th day of September 1942. during July and August, 1942. E rnest K anzler, Chapter IX—War Production Board (2) If he has not been operating under Director General for Operations. the Production Requirements Plan, he Subchapter A—General Provisions may continue to apply and extend ratings [P. R. Doc. 42-9334; Filed, September 19, 1942; Part 903—D elegation op Authority under any applicable preference rating 12:48 p. m.] [Amendment 4 to Supplementary orders or preference rating certificates Directive 1-a] in the same manner as permitted prior P art 1010—Suspension O rders Paragraph (a) of § 903.2, Supplemen to the beginning of the fourth quarter; tary Directive 1-a,2 is hereby amended to and, notwithstanding the termination of [Suspension Order S-102] read as follows: any preference rating order on or after the end of the third quarter the same reliable tool and w ire products corp. (a) In order to permit the efficient ra shall be deemed to continue in effect as Reliable Tool and Wire Products Cor tioning of new passenger automobiles, the to any such person until he receives his poration, New York, New York, is a authority delegated to the Office of PRP certificate: Provided', however, corporation engaged in the manufacture Price Administration by Directive No. 1 That he shall not apply or extend rat and sale of steel hooks which are used in (§ 903.1), is hereby extended to the exer ings to the delivery in the fourth quarter the assembling of dolls. During the cise of control over the sale, transfer, or of any material in an aggregate quantity period frpm April 1, 1942 through June other disposition of new passenger auto greater than 40% during the first month 30, 1942, Louis Rubin, the president of mobiles to, and the use or alteration of of the quarter, nor greater than '70% the company, endorsed on purchase or new passenger automobiles by, any person during the entire quarter, of the amount ders for approximately 11,840 pounds of except those specified in paragraphs (a) of such material which he has indicated steel wire the certification that the ma (1) and (2) of said Directive No. 1. The as his anticipated requirements on his terial was for maintenance, repair or exercise of such authority shall be sub PRP application for the fourth quarter, operating supplies and that delivery ject to the terms and conditions specified but in no event to more than the total thereof was entitled to a rating of A-10 in said Directive No. 1. amount of each material he put into pro under Preference Rating Order P-100. (E.O. 9024, Jan. 16, 1942, 7 F.R. 329; E.O. duction during July and August, 1942, Such material did not constitute main .9040, Jan. 24, 1942, 7 F.R. 527; E.O. 9125, subject to any further restrictions con tenance, repair or operating supplies as Apr. 7, 1942, 7 F.R. 2719; Sec. 2 (a) Pub. tained in the preference rating certif defined in this order and the certifica No. 671, 76th Cong., 3d Sess., as amended icates or orders assigning the ratings tions constituted a misrepresentation to by Pub. No. 89, 77th Cong., ,1st Sess., and which he is applying or extending. the War Production Board, in violation by Pub. No. 507, 77th Cong., 2d Sess.; WPB (3) A Class I producer who applies or of Priorities Regulation No. 1 and Prefer Dir. No. 1, Jan. 24, 1942, 7 F.R. 562; extends any preference rating pursuant ence Rating Order P-100.1 In making W.P.B. Reg. No. 1, Jan. 26, 1942, 7 F.R. to subparagraphs (1) or (2) of this para these certifications, Rubin relied upon 561, as amended. March 14, 1942, 7 F.R. graph (e), shall deduct the amount of advice given by persons outside the War 2126, and July 9, 1942, 7 F.R. 5395.) any material which he has received or Production Board which he had reason to which he has applied or extended such to believe was erroneous. By means of Issued this 19th day of September 1942. rating from the amount rated or other such misrepresentations* the company E rnest K anzler, wise authorized by his PRP certificate received deliveries of approximately Director General for Operations. when issued to him. 11,840 pounds of steel wire, which con [P. R. Doc. 42-9320; Piled, September 19,1942; (4) On or before October 5,1942, each stituted a violation of Preference Rating 12:23 p. m.] Class I producer shall, either by cancel Order P-100. lation or by postponing deliveries, reduce 17 PR. 5509, 5745, 7167. n FR . 925, 1009, 1626, 1794, 2236, 2866, •7 PR. 698, 1493, 2229, 2729. 17 FR . 4423, 4615, 4693, 4898, 5359, 6147. 6825. 7430 FEDERAL REGISTER, Tuesday, September 22, 1942 These violations of Priorities Regula (1) Paragraph (b) is amended to read: ciency by substitution of less scarce tion No. 1 and Preference Rating Order material or by simplification of design. P-100 have impeded and hampered the (b) Assignment of preference ratings. war effort of the United States by di Subject to the terms of this order, and (3) Paragraph (d) is amended to read: verting scarce material to uses unau provided that nothing herein contained (d) Application and extension of rat thorized by the War Production Board. shall prevent the use of any other or ings. Preference ratings assigned by In view of the foregoing, It is hereby higher rating to which the producer shall or pursuant to this order shall be applied ordered, That: be entitled by reason of any other prefer ence rating certificate or order, the fol by the producer and extended by the § 1010.102 Suspension Order S-102. lowing preference ratings are hereby as supplier in accordance with the terms of (a) Deliveries of_material to Reliable Priorities Regulation No. 3, as now or signed to deliveries to the producer of hereafter amended. Tool and Wire Products Corporation, its material for repair, maintenance, and successors and assigns, or to Louis operating supplies: (4) Paragraphs (e) and (f) are each Rubin, his successors and assigns, shall (1) Up to and including A -l-a to deliv deleted in their entirety. not be accorded priority over deliveries eries of metals in any form appearing in (5) Paragraph (g) is amended to read: under any other contract or order and Materials List No. 1, Revised, in Form (g) Inventory provisions. The pro no preference rating shall be assigned PD-25A for the fourth quarter of 1942, ducer shall not accept deliveries (whether or applied to such deliveries by means and of fabricated parts and equipment rated hereunder or not) of material for of preference rating certificates, * pref having a unit cost of $250 or less. Parts repair and maintenance or operating ence rating orders, general preference and equipment, and components thereof, supplies which will increase the inventory orders, or any other order or regulation which are ordered for use together shall or stores available to the producer for of the Director of Industry Operations be treated as a singlejunit for the purpose such purpose to an amount greater than or the Director General for Operations, of determining unit cost in this sub- the minimum necessary for repair and except as specifically authorized by the paragraph. maintenance and to sustain the current Director General for Operations. (2) Up to and including A -l-c to deliv level of operations of the producer, and (b) No allocation shall be made to Re eries of material not included in para the ratio of such inventory and stores to liable Tool and Wire Products Corpora graph (b) (1). current operations shall in no event ex tion, its successors and assigns, or to (3) Such other preference ratings as ceed the ratio of average inventory to Louis Rubin, his successors and assigns, the Director General for Operations may average operation for the years 1938, of any material the supply or distribu from time to time assign to particular 1939 and 1940. For purpose of calcu tion of which is governed by any order orders for any material for repair, main lating these ratios, and only for such of the Director of Industry Operations tenance and operating supplies, upon purpose, the value of inventory and stores or the Director General for Operations, application by the producer to the War of material for maintenance, repair and except as specifically authorized by the Production Board, Chemicals Branch, operating supplies shall exclude all fuels, Director General for Operations. Washington, D. C., Ref: P-89, by letter or containers, parts for containers and ma (c) Reliable Tool and Wire Products telegram, stating plant location and serial terial for the manufacture of containers, Corporation, its successors and assigns, number, material needed, the weight, and all materials listed in § 1255.1, Gen and Louis Rubin, his successors and as value and function of such material, eral Inventory Order M-161, as amended signs, shall not purchase, put into name and address of supplier (if known), from time to time. Nothing contained process, sell or otherwise dispose of any purchase order number and date, product in this paragraph (g) shall prevent the steel wire except as specifically author or products affected, percentage curtail acceptance of delivery of any quantity ized by the Director General for Opera ment of production, nature of the emer of any material subject to § 1103.1, Gen tions. gency, rating requested, and delivery date eral Inventory Order No. M-97, or (d) Nothing contained in this order promised by supplier on basis of rating § 1255.1, General Inventory Order M-161, shall be deemed to relieve Reliable Tool requested. as amended from time to time. and Wire Products Corporation or Louis Rubin from any restriction, prohibition (2) Paragraph (c) is amended to read: (PD. Reg. 1, as amended, 6 F.R. 6680; or provision contained in any of the or WP.B. Reg. 1, 7 F.R. 561; E.O. 9024, ders or regulations of the War Produc (c) Conditions on assignment of rat 7 F.R. 329; E.O. 9040, 7 F.R. 527; E.O. tion Board except in so far as the same ings. The preference ratings assigned 9125, 7 F.R. 2719; sec. 2 (a), Pub. Law may be inconsistent with the provisions by or pursuant to paragraph (b) are as 671,76th Cong., as amended by Pub. Laws signed subject to the following condi 89 and 507, 77th Cong.) hereof. tions: (e) This order shall take effect on Sep Issued this 19th day of September 1942. tember 21, 1942, and shall expire on No (1) That the producer shall have filed with the War Production Board, Chemi E rnest K anzler, vember 21, 1942, at which time the re Director General for Operations. strictions contained in this order shall be cals Branch, Washington, D. C., Ref: of no further effect. P-89, a statement (in triplicate) properly [F. R. Doc. 42-9321; Piled, September 19,1942; executed on Form PD-315, and shall have 12:25 p. m.] (PD. Reg. 1, as amended, 6 F.R. 6680; received from the War Production Board W.P.B. Reg. 1, 7 P.R. 561; E.O. 9024, 7 a serial number under this order. P.R. 329; E.O. 9040, 7 P.R. 527; E.O. 9125, (2) That the producer shall not apply 7 F.R. 2719; sec. 2 (a), Pub. Law 671, 76th any preference rating assigned by para P art 1095—Communications Cong., as amended by Pub. Laws 89 and graph (b) hereof to any purchase order [Interpretation 1 of Order L-50, as Amended 507, 77th Cong.) for metal containers, metal parts for September 7, 1942] Issued this 19th day of September 1942. containers or material for the manufac ture of metal containers unless and until TO LIMIT THE USE OF SCARCE AND CRITICAL E rnest K anzler, MATERIALS BY THE WIRE TELEPHONE Director General for Operations. he shall have communicated with the War Production Board, Chemicals INDUSTRY [F. R. Doc. 42-9322; Piled, September 19,1942; Branch, Washington, D. C., Ref.; Chemi 12:25 p. m.] The following interpretation is hereby cals Transportation and Packaging Sec issued by the Director General for Oper tion, and shall have received from the Director General for Operations specific ations with respect to § 1095.1 General P art 1026—P roduction of Chemicals, Conservation Order L-50, as amended authorization to apply such rating. September 7, 1942.1 Maintenance, R epair, and O perating (3) That the producer shall not apply Supplies Question has arisen as to whether the any preference rating hereunder unless term “operator” as defined in paragraph [Amendment 3 to Preference Rating Order the material to be delivered cannot be P-89, as Amended] (a) (1) includes private and nonpublic secured when required with a lower telephone communication systems. Section 1026.1 Preference Rating Order rating. The term “operator” includes all per P-89,1 as amended, as hereby amended (4) That the producer shall not apply sons to the extent engaged in rendering in the following respects: any preference rating hereunder to ob telephone communication service (and tain scarce material if its use can be 1 7 F.R. 541, 1640, 2384, 3850, 4729. eliminated without serious loss of effl- 17 F JR. 7087. FEDERAL REGISTER, Tuesday, September 22, 1942 7431 such telegraph and teletypewriter serv end thereof to a comma and by adding armored cable except material in transit ice as may be conducted by an operator) the following words: on such fifth day. without regard to whether such service is except that wood upholstered furniture (2) On and after the thirtieth day private or public in character. subsequent to the date of issuance of this manufacturers may, after November 1, order, no manufacturer shall make, man (P.D. Reg. 1, as amended, 6 F.R. 6680; 1942, process, fabricate, work on or ufacture or assemble armored cable. W.PJB. Reg. 1, 7 FJR. 561; E.O. 9024, 7 assemble final fabric covers on any new (c) Records. All persons affected by F.R. 329; E.O. 9040, 7 FH> 527; E.O. 9125, wood upholstered furniture: Provided, this order shall keep and preserve for not 7 F.R. 2719; sec. 2 (a), Pub. Law 671, 76th That any such new 'wood upholstered less than two years accurate and com Cong., as amended by Pub. Laws 89 and furniture has otherwise been completely plete records concerning inventories, 507, 77th Cong.) processed, fabricated, worked on or as production and sales. Issued this 19th day of September sembled prior to November 1,1942. (d) Audit and inspection. All records (3) Paragraph (b) is hereby amended required to be kept by this order shall, * E rnest K anzler, Director General for Operations. by adding at the end thereof the follow upon request, be submitted to audit and ing new subparagraphs: inspection by duly authorized representa [F. R. Doc. 42-9324; Filed, September 19,1942; (4) On and after the effective date tives of the War Production Board. 12:23 p. m.] of this amendment no steel upholstery (e) Reports. Each manufacturer to springs manufacturer shall process, fab whom this order applies shall execute ricate, work on or assemble any steel and file with the War Production Board upholstery springs. such reports and questionnaires as said P art 1099—Beds, Springs and Mattresses (5) On and after November 1, 1942 no Board shall from time to time requëst. [Amendment 1 to Limitation Order L-49 as reupholsterer shall replace more than (f) Violations and false statements. Amended August 4, 1942] 25% of the steel upholstery springs con Any person who wilfully violates any pro tained in the wood upholstered furniture vision of this order or who, in connection Section 1099.1 General Limitation Or being repaired, renovated or reuphol with this order, wilfully conceals a mate der L-491 is hereby amended in the fol stered with either new or used steel up rial fact or furnishes false information lowing particular; holstery springs. to any department or agency of the (1) Paragraph (d) (3) is hereby (P.D. Reg. 1, as amended, 6 F.R. 6680; United States is guilty of a crime, and amended by changing the period at the W.P.B. Reg: 1, 7 F.R. 561; E.O. 9024, upon conviction may be punished by fine end of the paragraph to a comma and 7 F.R. 329; E.O. 9040, 7 F.R. 527; E.O. or imprisonment. In addition, any such by adding the following words: 9125, 7 F it. 2719; sec: 2 (a), Pub. Law person may be prohibited from making or obtaining further delivery of, or from except that manufacturers may, after 671,76th Cong., as amended by Pub. Laws 89 and 507, 77th Cong.) processing or using, material under pri November 1,1942, process, fabricate, work ority control and may be deprived of on or assemble final fabric covers on any Issued this 19th day of September 1942. priorities assistance. such studio couch, sofa bed or lounge, E rnest K anzler, (g) Appeals. Any person affected by provided that any such studio couch, sofa Director General for Operations. this order who considers that compliance bed or lounge has otherwise been com therewith would work an exceptional and pletely processed, fabricated, worked on [F. R. Doc. 42-9325; Filed, September 19,1942; unreasonable hardship upon him may or assembled prior to November -i, 1942. 12:23 p. m.] apply for relief by addressing a letter to (P.D. Reg. 1, as amended, 6 F.R. 6680; the War Production Board, setting forth W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 the pertinent facts and the reasons why F.R. 329; E.O. 9040, 7 F.R. 527; E.O. P art 3014—Armored Cable such person considers that he is entitled 9125, 7 F.R. 2719; sec. 2 (a), Pub. Law to relief. The Director General for 671, 76th Cong., as amended by Pub. [General Limitation Order L-165] Operations may thereupon take such Laws 89 and 507, 77th Cong.) The fulfillment of requirements for action as he deems appropriate: (h) Applicability of priority regula Issued this 19th day of September 1942. the defense of the United States has created a shortage in the supply of cop tions. This order and all transactions E rnest K anzler, affected thereby are subject to all appli Director General for Operations. per, zinc, iron, steel and other materials for defense, for private account and for cable provisions of the Priority Regula [F. R. Doc. 42-9323; Filed, September 19,1942; export, and the following order designèd tions of the War Production Board as 12:23 p. m.] to prevent unnecessary use of copper and amended from time to time. its alloys by the manufacture of armored (i) Applicability of other orders. In cable is deemed necessary and appropri sofar as any other order issued by the ate to the public interest and to promote Director General for Operations, or to P art 1245—W ood U pholstered F urni the national war effort: be issued by him hereafter, limits the use ture of any material to a greater extent than [Amendment 1 to General Limitation Order § 3014.1 General Limitation Order the limits imposed by this order, the L-135] L-165—(a) Definitions. For the purpose restrictions of such other order shall of this order: govern, unless otherwise specified Section 1245.1 General Limitation (1) “Armored cable” means a flexible therein. Order L-1353 is hereby amended in the metal covered cable (commonly known as (j) Communications. Reports to be following particulars: “BX” cable) used as a conductor of elec filed and other communications con tricity in the interior of a building struc cerning this order shall ber addressed to (1) Paragraph (a) is hereby amended ture and which cable is designed and the War Production Board, Building by adding at the end thereof the follow constructed to be used with bushings or Materials Branch, Washington, D. C., ing new subparagraph: the equivalent' at cut ends. Ref: L-165. (P.D. Reg. 1, as amended, (5) “Reupholsterer” means any indi (2) “Manufacturer” means any per 6 F.R. 6680; W.P.B. Reg. 1, 7 F.R. 561; vidual, partnership, association, business son who makes, fabricates, assembles, E.O. 9024, 7 F.R. 329; E.O. 9040, 7 F.R. trust, corporation, governmental corpo casts, or in any way processes material 527; E.O. 9125, 7 F.R. 2719; sec. 2 (a), ration or agency, or any organized group for the manufacture of armored cable. Pub. Law 671, 76th Cong., as amended by of persons whether incorporated or not, (b) General restrictions. Notwith Pub. Laws 89 and 507, 77th Cong.) who repairs, renovates or reupholsters standing any contract or agreement to used wood upholstered furniture. the contrary: Issued this 19th day of September 1942. (2) Paragraph (b) (2) is hereby (1) On and after the fifth day subse E rnest K anzler, amended by changing the period at the quent to the date of issuance of this order, no manufacturer shall acquire any Director General for Operations. 17 F.R. 6044. copper, steel, or other material of any [F. R. Doc. 42-9326; Filed, September 19,1942; *7 F.R. 6207. type to be used in the manufacture of 12:24 p. m.] 7432 FEDERAL REGISTER, Tuesday, September 22, 1942 P art 3023—Oil and G as Burning D o tially processed state, which was obtained siders he is entitled to relief. The Di mestic Space H eaters by him pursuant to the application of a rector General for Operations may [Amendment 1 to Limitation Order L-173]' preference rating assigned by any such thereupon take such action as he deems schedule, or pursuant to the use of any appropriate. Paragraph (a) (1) of § 3023.1 Gen certification required by any schedule for (h) Communications to the War Pro eral Limitation Order L-1731 is amended the acquisition thereof, except as follows: duction Board. All communications con to read as follows: (1) For. the manufacture of the end cerning this order, or any reports re (1) “Domestic space heaters” means products covered by said schedule. quired to be filed hereunder, shall, unless any device (except electric) for the di (2) For sale to any person on an order otherwise directed, be addressed to: War rect heating of the space in and adjacent bearing a rating of A-2 or better; or Production Board, Textile, Clothing and to that in which the device is located, (3) For sale to or for the account of, Leather Branch, Washington, D. C., designed for use without heat distribu or for physical incorporation into prod Reference: M-218. tion pipes or ducts as integral parts of ucts to be delivered to, or for the account (i) Violations. Any person who wil such heating devices, and includes but of, the Army of the United States, the fully violates any provision of this order, is not limited to circulating heaters, United States Navy, the United States or who, in connection with this order, radiant heaters, floor furnaces and wall Maritime Commission, the War Shipping wilfully conceals a material fact or fur furnaces: Provided, That “Domestic Administration or its Operating or Gen nishes false information to any depart space heaters” does not include direct eral Agents: Provided, That no person ment or agency of the United States, is fired gas unit heaters. . shall sell or deliver, on an order rated guilty of a crime, and upon conviction less- than A-2, any such material for may be punished by fine or imprison (P.D. Reg. 1, as amended, 6 P.R. 6680; physical incorporation into products for ment. In addition, any such person may W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 P.R. any of said governmental agencies un be prohibited from making or obtaining 239; E.O. 9040, 7 F.R. 527; E.O. 9125, 7 less he shall have first received from the further deliveries of, or from processing F.R. 2719; sec. 2 (a), Pub. Law 671, 76th purchaser a certificate signed by such or using, material under priority control Cong., as amended by Pub. Laws 89 and purchaser, or by a person authorized to and may be deprived of priorities assist 507, 77th Cong.) sign in his behalf, in substantially the ance by the Director General for Opera Issued this 19th day of September 1942. following form: tions. (P.D. Reg. 1, as amended, 6 F.R. The undersigned hereby certifies that 6680; W.P.B. Reg. 1, 7 F.R. 561; E.O. E rnest K anzler, he requires the material covered by the 9024, 7 F.R. 329; E.O. 9040, 7 F.R. 527; Director General for Operations. annexed order for physical incorporation E.O. 9125, 7 F.R. 2719; sec. 2 (a), Pub. [F. R. Doc. 42-9327; Filed, September 19,1942; into material or equipment to be deliv Law 671, 76th Cong., as amended by Pub. 12:24 p. m.j ered to or for the account of, the Army Laws 89 and 507, 77th Cong.) of the United States, the United States Navy, the United States Maritime Com Issued this 19th day of September 1942. mission, the War Shipping Administra E rnest K anzler, Part 3064—Cotton T extiles for Agri Director General for Operations. cultural and F ood P rocessing Uses tion or its Operating or General Agents. [General Preference Order M-218] (d) Records. All persons affected by [F. R. Doc. 42-9328; Filed, September 19,1942; this order shall keep and preserve for 12:24 p. m.] The fulfillment of requirements for the a period of not less than two years ac defense of the United States has created curate and complete records concerning a shortage in the supply of cotton textiles inventories, production and sales, and for use in the handling and processing [Schedule I to General Preference Order showing the yardage of each class of M-218] of agricultural products and foodstuffs, fabric, as indicated by the headings in for defense, for private account and for the schedules, sold pursuant to the appli DAIRY SUPPLIES export; and the following order is deemed cation of the rating assigned by each § 3064.2 Schedule I to General Pref necessary and appropriate in the public schedule, and any other records as may erence Order M-2181—(a) Definitions. interest and to promote the national be required to be kept by any such per For the purposes of this schedule: defense: son in accordance with the provision or (1) “Dairy supplies” shall mean cheese § 3064.1 General Preference Order provisions of the respective schedule or bandages, cheese circles, cheese press M-218—(a) Issuance, of schedules cov schedules issued by the Director General cloths, milk strainers and milk filters for ering cotton textiles for various types or for Operations pursuant to this order. use as such. classifications of agricultural and food (e) Audit and inspection. All records (2) “Dairy textiles” shall mean the processing uses. The Director General required to be kept by this order shall, cotton textile constructions listed below: for Operations may from time to time upon request, be submitted to audit and inspection by duly authorized represent Sheetings: 40” 48/48 2.85 yd. issue schedules establishing definitions, Flannels: Bleached or unbleached; single allocations of looms or yardages, assign atives of the War Production Board. or double napped ments of preference ratings, purchase (f) Reports. All persons affected by Print cloth yarn fabrics: quotas for manufacturers or users, as this order shall execute and file with 38%" 44/40 8.20 yd. well as regulations upon inventories, the War Production Board such other 38%" 40/32 9.80 yd. manufacture and sale, and such other reports and questionnaires as may be Any Class C print cloth, gray or bleached, matters pertaining to cotton textiles for required by the War Production Board with not more than 28 sley and 24 picks various types or classifications of agri from time to time in accordance with per inch cultural and food processing uses, as may the provision or provisions of the respec and shall also include pro rata widths be necessary and appropriate in the pub tive schedule or schedules issued by the of like count and weight to the above lic interest and to promote the national Director General for Operations pur constructions. defense. suant to this order. (3) “Dairy supplies manufacturer” (b) Applicability of priorities regula (g) Appeals. Any person affected by shall mean any person engaged in the tions. This order and all transactions this order who considers that compliance manufacture of dairy supplies. affected thereby are subject to all appli therewith would work an exceptional (4) “Intermediate processor” shall cable provisions of- the priorities regula and unreasonable hardship upon him, or mean any person engaged in the bleach tions of the War Production Board, as that it would result in a degree of un ing, finishing or processing of dairy tex amended from time to time. employment which would be unreason tiles for resale either to another interme (c) Restrictions on the use of material ably disproportionate compared with the diate processor, or to a dairy supplies obtained pursuant to any schedule. Ex amount of cotton textiles for agricul manufacturer, or for his own use as a cept as otherwise expressly provided in tural and food processing uses conserved dairy supplies manufacturer. any schedule issued hereunder, and sub or made available, or that compliance (5) “Partially processed fabrics” shall ject to any more restrictive provisions with this order would disrupt or impair mean any of the above defined dairy tex contained therein, no person shall use or a program of conversion from non tiles after they have been bleached, fin dispose of any cotton textile material, defense to defense work, may appeal in ished, or processed in preparation for whether in the original mill state or par- writing to the War Production Board, manufacture into dairy supplies. Reference M-218, setting forth the per 17 F.R. 6075. tinent facts and the reasons he con 1 supra. FEDERAL REGISTER, Tuesday, September 22, 1942 7433 (6) “Inventory” shall mean the total and the supplier with whom the purchase rics placed by cloth merchants are hereby yardage of dairy textiles and of partially or manufacturing order is placed that assigned a preference rating of A-2. processed fabrics owned by any dairy such purchase or manufacturing order is (c) Restriction on inventories of cloth supplies manufacturer or intermediate duly rated in accordance herewith. merchants. No cloth merchant shall ac processor and held by him in any ware Each person applying ratings must cept any delivery of crop cultivation fab house, place of storage or manufactur maintain at his regular place of busi rics to his inventory which, based upon ing plant. For the purposes of this ness all documents, including purchase his past experience and upon the current schedule, such merchandise shall not bé or manufacturing orders, preference Department of Agriculture crop fore considered as being in inventory while it rating orders and certificates, upon casts for the area to be served by him, is in transit. which he relies as entitling him to apply he may not reasonably expect to resell '(b) Assignment of preference rating. or extend such ratings, segregated and and redeliver in the ordinary course of Purchase or manufacturing orders for available for inspection by representa his business for use in the cultivation or dairy textiles placed by dairy supplies tives of the War Production Board, or harvest of that crop which, in the nor manufacturers or by intermediate proc filed in such manner that they can be mal agricultural cycle, is due to be cul essors are hereby assigned a preference readily segregated and made available tivated or harvested next following the rating of A-2. for such inspection. (P.D. Reg. 1, as date on which he accepts such delivery (c) Restrictions on inventories of amended, 6 F.R. 6680; W.P.B. Reg. 1, to his inventory. dairy supplies fabrics and of partially 7 RR. 561; E.O. 9024, 7 F.R. 329; E.O. (d) Sales of crop cultivation fabrics. processed fabrics. In addition to the re 9040, 7 F.R. 527; E.O. 9125, 7 F.R. 2719; In addition to the use and disposition strictions on inventory contained in Pri sec. 2 (a), Pub. Law 671, 76th Cong., as permitted by paragraph (c) of General orities Regulation No. 1 (§ 944.14): amended by Pub. Laws 89 and 507, 77th Preference Order M-218 for crop culti (1) No dairy supplies manufacturer Cong.) vation fabrics obtained pursuant to the shall after thirty (30) days after the ef Issued this 19th day of September 1942. application of the preference rating as fective date of this order, hold in his in signed by paragraph (b), cloth mer ventory, unless in his capacity as an E r n e s t K a n z l e r , chants may sell and deliver such fabrics intermediate processor, any dairy tex Director General for Operations. to any person not engaged in the manu tiles or any partially processed fabrics in [F. R. Doc. 42-0329; Filed, September 19,1942; facture of crop cultivation fabrics into excess of the aggregate yardage of such 12:25 p. m.] products for sale without requiring any fabrics which will be completely manu preference rating from him. factured by him into dairy supplies (e) Application of preference rating. within sixty (60) days after the receipt [Schedule n to General Preference Order Any cloth merchant, in order to apply the thereof in inventory. M-218] preference rating assigned by paragraph (2) No intermediate processor shall CROP CULTIVATION FABRICS (b> to deliveries of material to him, must after thirty (30) days after the effective endorse on or attach to each contract or date of this order, hold in his inventory § 3064.3 Schedule II to General Pref purchase order placed by him to which any dairy textiles or any partially proc erence Order M-2181—(a) Definitions. the rating is to be applied, a certifica essed fabrics in excess of the aggregate For the purposes of this schedule: tion in the following form, signed man yardage of all such fabrics which is _ (1) “Crop cultivation fabrics” shall ually or as provided in Priorities Regula scheduled to be shipped by him within mean the construction listed below: tion No. 7 (§ 944.27) by an official duly sixty (60) days after receipt thereof in Osnaburg: authorized for such purpose: inventory, or will be completely manu 30” 40/30 7 oz. factured by him into dairy supplies Tobacco cloth: CERTIFICATION within such period. 36” 22/18 plain or wide selvage, as piece The undersigned purchaser hereby repre goods or ready made covers (d) Application of preference rating. sents to the seller and to the War Produc 36” 28/24 plain or wide selvage, as piece tion Board that he is entitled to apply the Any dairy supplies manufacturer or in goods or ready made covers preference ratings indicated opposite the termediate processor, in order to apply 36” 32/28 plain or wide selvage, as piece items shown on this contract or purchase the preference rating assigned by para goods or ready made covers order, and that such application is in accord graph (b) to deliveries of material to him, 12/16 approximately 14 sq. yds. per pound, ance with Priorities Regulation No. 3 as must endorse on or attach to each pur wide woven amended, with the terms of which the under chase or manufacturing order placed by 22/22 approximately 12% sq. yds. per signed is familiar. F’urthermore, the under pound, wide woven signed certifies that the fabrics hereby or him to which the rating is to be applied, a 8/8 approximately 12 to 12% sq. yds. per certification in the following form, signed dered will be used in the manufacture of pound, wide reinforced weave covers for use in the cultivation or harvest manually or as provided in Priorities 8/10 approximately 11 to 11% sq. yds. per ing of crops or otherwise disposed of only Regulation No. 7 (§ 944.27) by an official pound, wide reinforced weave as permitted by General Preference Order duly authorized for such purpose: ' 196” 18 to 19 x 13 to 14 approximately 7.00 M-218 and/or Schedule n thereto. sq. yds. per pound, reinforced weave CERTIFICATION when used in the cultivation and harvest (Name of Purchaser ) ( Address ) The undersigned purchaser hereby repre ing of cotton, tobacco or other crops, By__------— — — ------sents to the supplier and to the War Pro (Signature and Title of (Date) duction Board that he is entitled to apply and shall also include pro rata widths Duly Authorized Officer) the preference ratings indicated opposite the of like count and weight to the above items shown on this purchase order, • and constructions. Such endorsement shall constitute a rep that such application is in accordance with (2) “Cloth merchant” shall mean any resentation to the War Production Board Priorities Regulation No. 3, as amended, with person engaged in the business of buying and the supplier with whom the contract the terms of which the undersigned is famil crop cultivation fabrics for purposes of or purchase order is placed that such iar. Furthermore, the undersigned certifies resale, either in the condition in which contract or purchase order is duly rated that the fabrics hereby ordered Will be used in the manufacture of dairy supplies or other purchased or after manufacture by him in accordance herewith. wise disposed of only as permitted in General into covers for use in the cultivation or Each person applying ratings must main Preference Order M-218 and/or Schedule I harvesting of cotton, tobacco or other tain at his regular place of business all thereto. crops. documents, including purchase or manu (3) “Inventory” shall mean the total facturing orders, preference rating or (Name of Dairy Sup- (Address) square yardage of crop cultivation fab plies Manufacturer rics owned by any cloth merchant and ders and certificates, upon which he re or Intermediate lies as entitling him to apply or extend Processor) held by him in any warehouse, place of such ratings, segregated and available for By — — ...... _____ storage or salesroom. For the purposes inspection by representatives of the War (Signature and (bate) of this Schedule such merchandise shall Production Board, or filed in such manner Title of Duly not be considered as being in inventory that they can be readily segregated and Authorized while it is in transit. Officer) made available for such inspection. (PD. (b) Assignment of preference rating. Reg. 1, as amended, 6 FR. 6680; W.PB. Such endorsement shall constitute a rep Purchase orders for crop cultivation fab- Reg. 1, 7 F.R. 561; E.O. 9024, 7 F.R. 329; resentation to the War Production Boafd 1 Supra, E.O. 9040, 7 F.R. 527; E.O. 9125; 7 F.R. 7434 FEDERAL REGISTER, Tuesday, September 22, 1942 2719; sec. 2 (a), Pub. Law 671,76th Cong., (c) Exclusions. This order shall not (5) “Act” means the Emergency Prioe as amended by Pub. Laws 89 and 507, apply to sales at retail. Control Act of 1942. 77th Cong.) (d) Licensing section of General Max (i) Effective date of Supplementary Issued this 19th day of September 1942. imum Price Regulation superseded. Order Noi 19. This Supplementary Or This Supplementary Order No. 19 super der No. 19 (§ 1305.23) shall beoome ef E rnest K anzler, fective September 24, 1942. Director General for Operations. sedes the provisions of § 1499.16 of the General Maximum Price Regulation in (Pub. Law 421, 77th Cong.) [P. R. Doc. 42-9330; Piled, September 19,1942; sofar as said § 1499.16 may be applicable 12:25 p. m.] to sales for which a license is required by Issued this 18th day of September 1942. this Order 19. The licensing provisions Leon H enderson, Chapter XI—Office of Price Administra of § 1499.16 of the General Maximum Administrator. tion Price Regulation shall, however, con [P. R. Doc. 42-0284; Piled, September 18,1942; tinue to apply to sales at retail. 5:16 p. m.] P art 1305—Administration (e) Registration of licensees. Every [Supplementary Order 19] person hereby licensed may be required to register with the Office of Price Ad LICENSING DISTRIBUTORS OF PAPER AND P art 1306—I ron and Steel PAPER PRODUCTS ministration at such time and in such manner as the Administrator may here [Amendment 3 to Revised Price Schedule A statement of the reasons for this after prescribe. No. 41 Supplementary Order No. 19 has been (f) License not transferable. The li STEEL CASTINGS issued simultaneously herewith and filed cense hereby granted is not transferable. with the Division of the Federal Reg A statement of the considerations in ister.* (g) Suspension of license. Licensees violating any of the provisions of this volved in the issuance of this Amendment Pursuant to the authority of the Emer No. 3 has been issued simultaneously gency Price Control Act of 1942, includ order or of the license hereby granted, or violating any of the provisions of the herewith and has been filed with the ing section 205 (f) (1) thereof, it is Division of the Federal Register.* hereby ordered: price regulations specified in paragraph (b) hereof, or violating the provisions of Section 1306.109 (c) is amended to read § 1305.23 Provisions licensing distrib as set forth below: any applicable regulation, order or re 4c * * * * utors of paper and paper products—(a) quirement under section 202 (b) of the License required. Effective September Act, are subject to the license suspension § 1306.109 Definitions. When used in 24,1942 a license as a condition of selling proceedings provided in the Act: Pro Price Schedule No. 41, the term: * * * is hereby required qf every distributor vided, however, That no proceedings for (c) “Steel castings” means any cast now or hereafter selling any paper or the suspension of a license, and no steel object, whether rough or machined, paper product for which maximum prices suspension, shall confer any immunity that has been initially cast into the de are established by Price Regulations Nos. from any other provision of the Act. sired shape of the finished product, and 114, 130, 140, 182,1 as now or hereafter (h) Definitions. When used in this which contains less than 1.70% carbon amended or supplemented, or by any Supplementary Order No. 19 the term: and/or alloys totaling not more than & %, price regulation now or hereafter issued, (1) “Distributor” means a person who and includes miscellaneous steel castings amended or supplemented by the Office of buys for the purpose of resale (whether and steel castings produced for railroads Price Administration making applicable as jobber, agent, broker, dealer, mer other than the railroad specialties de by reference the provisions of this Sup chant, or any similar person), any com fined in paragraph (d) below: plementary Order No. 19. modity subject to a price regulation (b) License granted. Every distribu § 1306.110a Effective date of amend- specified in paragraph (b): Provided, U l Q T V t , * 4c 4« tor now or hereafter selling any paper or That, “distributor” shall include a per paper products for which maximum (c) Amendment No. 3 (§ 1306.109 (c)) son making “resales” as defined in Price to Revised Price Schedule No. 41 shall prices are established by Price Regula Regulation No. 114, a “merchant or dis become effective September 24,1942. tions Nos. 114, 130, 140, 182, as now or tributor” as defined in Price Regulation hereafter amended or supplemented, or Nos. 130 and 182, a “converter” as de (Pub. Law 421, 77th Cong.) by any price regulation now or hereafter fined in Price Regulation No. 130, a Issued this 18th day of September, 1942. issued, amended or supplemented by the “wholesaler” as defined in Price Regula Office of Price Administration making Leon H enderson, applicable by reference the provisions of tion No. 140. “Distributor” shall also Administrator. this Supplementary Order No. 19, is include any producer insofar as such [F. R. Doc. 42-9285; Filed, September 18,1942; producer acts as a distributor of any 5:17 p. m.] hereby granted a license as a condition such paper or paper products or oper of selling such paper or paper products. ates any warehouse, branch, subsidiary The provisions of every price regula P art 1316—Cotton T extiles tion of the Office of Price Administration or affiliate which acts as such a dis to which this order now is or may here tributor. [Amendment 4 to Revised Price Schedule after become applicable shall be deemed (2) “Sales at retail” means a sale to 11 *1 an ultimate consumer other than an in to be incorporated in the license hereby FINE COTTON GREY GOODS granted, and any violation of any pro dustrial or commercial user. vision so incorporated shall be a viola (3) “Person” includes an individual, A statement of the considerations in tion of the provisions of said license. corporation, partnership, association, or volved in the issuance of this amend The license granted by this order shall any other organized group of persons, ment has been prepared and is issued become effective September 24, 1942, or or legal successor or representative of simultaneously herewith and has been when any person becomes subject to the any of the foregoing, and includes the filed with the Division of the Federal provisions of this order, and shall, un United States, any agency thereof, or Register.* less suspended as provided in the Act, any other government, or any of its po Section 1316.11 (b) is amended and continue in force so long as and to the litical subdivisions, or any agency of any in § 1316.13 (d) (4) Table I, footnote 2 extent that 'any such regulation or any of the foregoing. is amended and Table III is added, all applicable part, amendment or supple (4) “Price regulation” means a sched as set forth below: ment remains in effect. ule effective in accordance with the pro § 1316.11 Definitions. * * * visions of section 206 of the Emergency ♦Copies may be obtained from the Office of (b) “Fine cotton goods” means cotton Price Control Act of 1942, a maximum grey goods made wholly or in part of Price Administration. price regulation or temporary maximum 1114 Wood pulp, 7 P.R. 2843, 3576, 5059, 5564. price regulation issued by the Office of 17P.R. 1281, 1836, 2001, 2132, 4667. 130 Standard Newsprint Paper, 7 P.R. 3183, 17 FR . 1231; 1836, 2000, 2132, 2737, 3168, 3521, 5139. 140 Sanitary Napkins, 7 F.R. 3410, Price Administration, or any order is 5563. 182 Kraft Wrapping Papers and Cer sued pursuant to any such regulation or 5519. tain Kraft Bag Papers, 7 P.R. 5712, 6048. schedule. FEDERAL REGISTER, Tuesday, September 22, 1942 7435 combed yarn and unfinished box-loom C. Filling Differentials. P art 1339—B urlap and Burlap P roducts clip-spot marquisettes whether or not [Amendment 3 to Revised Price Schedule 181] made of combed yarn, but, unless other 35" 39 W 46" 48" wise specified, refers only to goods of the BURLAP types and specifications for which maxi 1. Ground: mum prices are established in § 1316.13, 40s or 50s combed, A statement of the considerations in where ground Appendix A; picks are more volved in the issuance of this amend * * * * * or less than 18 ment has been issued simultaneously per inch: § 1316.13 Appendix A: Maximum Grey, add or sub herewith and has been filed with the Di prices for fine cotton goods. * * * tract for two vision of the Federal Register.* picks per inch.. $.0033 $.0035 $.0037 $.0047 (d) Fine cotton goods not covered Pastel colors, add In § 1339.11 paragraph (a) is amended by contract prior to December 24, per pick per .00046 .00052 .00060 .00063 by revoking footnote 3 thereof and by 1941. * * * Empire colors, adding new items thereto, and paragraph (4) Maximum price tables. add per pick per inch_____ .00059 .00067 .00078 .00082 (b) is redesignated (b) (1) and a new T able I Premium 40s or 50s carded, paragraph (b) (2) is added to read as set (cents subtract from Name of manufacturing process per yd.) combed for one forth below: pick per inch.. .000053 .000060 .000070 .000072 ***** 2. Roving, subtract § 1339.11 Appendix A: Maximum Clipping------1* $.009 and add prices for burlap, (a) Prices' per yard, per pick per a This premium shall not he charged in con inch: ex dock port of discharge,® duty paid. nection with clip-spot marquisettes, for Grey: 4 hank...... 0053 .0058 .0067 .0074 which maximum prices are set forth in Table 6 bank...... 0041 .0045 .0051 .0057 III of this subparagraph. 8 hank______.0033 .0036 .0041 .0046 Construction ***** 10 hank...... 0028 .0031 .0036 .0040 .0027 .0029 .0032 .0(08 Quality of Burlap Weight Cents T able I I I Pastel: Width 4 hank...... 0091 .0101 .0116 .0126 (inches) (ounces per The following provisions shall apply, and .0066 .0073 .0084 .0092 yard) the General Maximum Price Regulation shall 8 hank...... 0052 .0057 .0066 .0072 10 hank...... 0044 .0048 .0054 .0061 , , „ • * not apply, to unfinished box-loom clip-spot 12 bank...... 0039 .0043 .0049 .0055 marquisettes. Common burlap.. .. 38 5 5.75 Empire: 57 5 8.55 As used herein, the term “standard” means 4 hank______.0101 .0113 .0130 .0140 58 5 8.70 having a width of 35", 39%"* 46” , or 48” .0073 .0081 .0093 .0101 48 9 11.60 8 hank...... 0057 .0063 .0072 .0079 8.35 and a total count per inch of 37 to 48 sley 10 hank...... 0048 .0053 .0060 .0067 30 10 and 14 to 34 picks (including roving), in 72 10 20.90 12 hank...... 0043 .0047 .0054 .0060 45 12 14.50 clusive. The term “base construction” means 48 12 15.45 391/2" 40x18, 40s or 50s combed warp, 40s 60 12 19.55 or 50s combed filling, 2 picks of 6.00 hank 72 12 23.-50 D. Pattern Differentials. 48 14 18.55 grey roving, 10 jumpers and/or 15 harnesses 48 16 22.00 or less. SPECIAL FINISHES The base maximum price for standard un 35" 39H" 46" 48" finished box-loom clip-spot marquisettes • . . • * Double calendered__ 40 11 12.60 shall be 8% cents per yard. For any stand O ver 10 jumpers 45 11 14.20 ard construction other than the base con and/or 15 harness: 57 11 17.95 struction the maximum price shall be the Per yard per pick— 40 14 15.65 2 shuttles...... $. 000114 $.000114 $.000140 $.000140 44 15 17.00 base maximum price adjusted upward or Per yard per pick— » * * * * downward by the foUowing per yard differ 3 and 4 shuttles.. .000140 .000140 .000175 .000175 Crop and mangled__ 40 11 12.85 entials. 36 12 13.00 40 12 13.80 For seconds of standard unfinished box- ♦ * loom clip-spot marquisettes the maximum 20/2 carded cords (other than selvage): 45 12 15.40 prices shall be 5 percent less than those set 44 15 17.30 forth herein. Add per end: All widths For any construction other than a standard Grey______._____ $. 000055 construction the maximum prices shall be Pastel colors______. 000095 * • # - # 4i * the price issued by the Office of Price Admin Empire colors______.000110 istration upon application by the seller. E. Loop cutting. (b) Charges for war risk insurance in excess of 2%:%• * * * A. Width Differentials. E. Loop cutting______$. 0033 (2) The maximum premium rate 35” , deduct___,______$. 0059 P. Production Differential. 46” , add______. 0084 which may be used in calculating such 48", add__...... 0224 After applying all necessary differen charges for excess war risk insurance on tials, add or subtract for each pick any lot of burlap shipped from a foreign B. Warp Differentials—Ground. over or under an overall count of 20 picks______;______$. 0003 port after September 23, 1942, shall be ♦ * * * * the War Shipping Administration’s war 35" 3SH" 46" 48" risk insurance premium rate on the iden § 1316.12a Effective dates of amend- tical shipment. For the purpose of this 40s or 50s combed, merits. * * * where ground paragraph the War Shipping Adminis ends are more or (d> Amendment No. 4 (§§ 1316.11 (b), tration’s war risk insurance premium less than 40 per 1316.13 (d) (4), Tables I and III) to Re inch: rate shall include, in addition to the basic Grey, add or sub vised Price Schedule No. 11 shall become tract for each two effective September 24,1942. rate, the premium rate for extended ends per inch___ $.0013 $.0015 $.0017 $.0018 transhipment coverage. Pastel colors, add (Pub. Law 421, 77th Cong.) per end per inch.. .00041 .00047 .00054 .00057 1339.10a Effective dates of amend Empire colors, add Issued this 18th day of September 1942. p6r end per inch.. .00054 .00062 .00072 .00075 ments. * * * 40s or 60s carded, Leon H enderson, subtract from Administrator. combed for two ♦Copies may be obtained from the Office ends per inch...... 00012 .00014 .00016 .00017 [F. R. Doc. 42-9292; Filed, September 18,1942; of Price Administration. 5:15 p. m.] 17 FR. 1241, 1600, 1836, 2000, 2132, 5138. No. 186----- 3 7436 FEDERAL REGISTER, Tuesday, September 22, 1942 (c) Amendment No. 3 (§ 1339.11 (a) 1 and October 15, 1941, and has made the agreement: Provided, That if a peti and (b) ) to Revised Price Schedule No. 18 adjustments for such relevant factors as tion for amendment has been duly filed, shall become effective September 24,1942. he has determined and deemed to be of and such petition requires extensive con (Pub. Law 421, 77th Cong.) general applicability. So far as practi sideration, and the Administrator deter cable, the Price Administrator has ad mines that an exception should be made Issued this 18th day of September 1942. vised and consulted with representative in the public interest pending such con Leon H enderson, members of the industry which will be sideration, the Administrator may grant Administrator. affected by this regulation. an exception from the provisions of this .In the judgement of the Price Adminis section permitting the making of con [F. B. Doc. 42-9294; Filed, September 18, 1942; trator, the maximum prices established tracts adjustable upon the granting of 5:16 p. m.] by this regulation are and will be gen the petition for amendment. Requests erally fair and equitable and will effectu for such an exception may be included in ate the purposes of the Emergency Price the aforesaid petition for amendment. Control Act of 1942. A statement of the P art 1360—M otor Vehicles and Motor § 1381.254 Evasion (a) The price Vehicle Equipment considerations involved in the issuance of this regulation has been issued simul limitations set forth in this Maximum [Amendment 5 to Revised Price Schedule taneously herewith and has been filed Price Regulation No. 222 shall not be 85 *] with the Division of the Federal Reg evaded, whether by direct or indirect NEW PASSENGER AUTOMOBILES ister.* methods, in connection with any offer, Therefore, under the authority vested solicitation, agreement, sale, delivery, A statement of the considerations in in the Price Administrator by the Emer purchase, or receipt of or relating to volved in the issuance of this Amend gency Price Control Act of 1942, and in Northern softwood lumber, alone or in ment has been prepared and filed with accordance with the Procedural Regula conjunction with any other commodity the Division of the Federal Register.* tion No. I,1 issued by the office of Price or by way of commission, service, trans Section 1360.52 (c) is amended and new Administration, Maximum Price Regula portation, or other charge or discount, paragraph lumber in standard or near standard Tamarack Lumber and White Cedar grades—(a) Application of Appendix A. Shingles” published by the Northern The provisions of this section shall ap Hemlock and Hardwood Manufacturers’ ply to Northern hemlock lumber which Association, effective June 27,1941. is: (c) Maximum prices. The maximum (1) sold on the specifications and on price, f. o. b. mill, for 1,000 feet (or for the grades designated in this section; and 1,000 pieces, where so designated herein) (2) shipped to the purchaser from mills located in the states of Wisconsin, Michi of domestic Northern hemlock lumber in gan, and Minnesota. a rough air dried condition shall be the (b) Grading rules. Grade terms used price set forth in the following para herein have the meaning set forth in the graphs of this section. “Official Grading Rules for Hemlock and (d) Dimension. NÒ. 1 PIE OB STUFE (ROUGH) Length Thickness and width 6' 8' 10 12' 14' 16' 18 & 20' 22 & 24' 2 x 3" & 2 x 4"...... $31.50 $39.00 $38.00 $38.00 $38.00 $39.00 $42.00 $44.00 2x 6 "...... 30.50 37.00 37.00 37.00 37.00 37.00 42.00 44.00 2 x 8 "...... 31.50 , 38.00 38.00 38.00 38.00 38.00 42.00 44.00 2x 10"...... 32.50 40.00 41.00 41.00 41.00 41.00 44.00 46.00 2 x 12"...... 33.50 41.00 42.00 42.00 42.00 42.00 44.00 46.00 MERCHANTABLE PIECE STUFF (ROUGH) Length Thickness and width 6' 8' W 12' 14' Iff 18 & 20' 22 & 24' $30.50 $38.00 $37.00 $37.00 $37.00 $38.00 $41.50 $43.50 2 x 6 "...... 29.50 36.50 36.50 36.50 36.50 36.50 40.50 42.50 2 x 8"...... • ...... 30.50 37.00 37.00 37.00 37.00 37.00 41.50 43.50 2 x 10"...... 31.50 38.50 39.50 39.50 39.50 39.50 42.50 44.50 2x12" ... 31.50 38.50 39.50 39.50 39.50 39.50 42.50 44.50 NO. 2 PIECE STUFF (ROUGH) Length Thickness and width 6' 8' to' 'iff 14' 16' 18 & 20' 22 & 24' 2x 3" & 2x4"...... $29.50 $37.00 $36.00 $36.00 $36.00 $37.00 $40.00 $42.00 2 x 6 "...... 29.00 34.50 34.50 34.50 34.50 34.50 38.00 40.00 2 x 8 "...... 29.50 85.50 35.50 35.50 35.50 35.50 39.00 41.00 2 x 10"...... 30.00 36.50 37.50 37.50 37.50 37.50 39.50 41.50 2 x 12"...... 30.00 36.50 37.60 37.50 37.50 37.50 39.50 41.50 NO. 3 PIECE STUFF (ROUGH) Length Thickness and width 6' 8' 10' iff 14' 16' 18 & 20' 22 & 24' 2 x 3" & 2 x 4"...... $25.50 $33.00 $32.00 $32.00 $32.00 $33.00 $35.00 $37.00 2 x 6"...... 25.50 31.00 31.00 31.00 31.00 31.00 34.00 36.00 2 x 8 "...... 25.50 32.00 32.00 32.00 32.00 32.00 £5.00 37.00 2x 10"...... 25.50 32.00 32.00 32.00 32.00 32.00 36.00 38.00 2 X 12"...... 25.50 32.00 32.00 32.00 32.00 32.00 36.00 38.00 NO. 3 AND BETTER PIECE STUFF (ROUGH) 2 x 4" and wider, 4' long___...... ______...... ____ ..... ______.... ______$23.00 2 x 4" ana wider, 6' long.______...... 25.00 NO. 4 PIECE STUFF (ROUGH) Length Thickness and width 6' 8' wr 12' 14' 16' 2 x 3" NOTES 1. V lengths: Add $1.00 to 14' price. 2. O' lengths: Use same price as 18'. 3. Random lengths, 8' to 16': Use same price as 14'. 4. SlE, S2E, SIS, or S2S: Add $1.00 to rough price. 6. SlSlE or S4S: Add $1.50 to rough price. 6. Special construction grade: Add $2.00 to the price for No. 3 piece stuff of same size and length. 7. Dimension, surfaced to 1Mb' hit or miss: Deduct $3.00. FEDERAL REGISTER, Tuesday, September 22, 1942 7439 (e) Boards NO. 1 COMMON (ROUGH) Length Thickness and width V V lO' 12' i4' 16' 6 to W 1x4"...... $30.60 $35.00 $36.00 $36.00 $36.00 $38.00 $36.00 1x6"...... 33.00 37.50 38.50 38.50 38.60 40.00 38.50 1x 8 "...... 33.00 37.50 38.50 38.50 38.50 40.00 38.50 1 X 10"...... 34.50 39.00 40.00 40.00 40.00 41.50 40.00 1 x 12"...... 35.50 40.00 4L 00 41.00 41.00 42.50 41.00 MERCHANTABLE (ROUGH) Length Thickness and width 6' 8' 10' 12' 14' 16' 6 to 16' 1 x 4 " ...... $29.00 $33.50 $34.50 $34.50 $34.50 $36.50 $34.50 1 x 6"...... 31.00 35.50 36.50 36.50 36.60 38.00 36.50 1 x 8 "...... 31.50 36.00 37.00 37.00 37.00 38.50 37.00 1 x 10"...... 31.50 36.00 37.00 37.00 37.00 38.50 37.00 1 x 12"...... 32.50 37.00 38.00 38.00 38.00 39.50 38.00 NO. 2 COMMON (ROUGH) Length Thickness and width 6' 8' 10' 12' 14' 16' 6 to 16' 1 x 4" $28. 50 $31.00 $31.00 $31.00 $31.00 $33.00 $31.00 1 x 6"...... 29.50 34.00 35.00 35.00 35.00 36.50 35.00 1 x 8 " ...... 30.00 35.00 36.00 36.00 36.00 37.50 36.00 1 x 10"...... 31.00 35.00 36.00 36.00 36.00 37.50 36.00 1 xl2"...... 31.00 36.00 37.00 37.00 37.00 38.50 37.00 NO. *3* COMMON (ROUGH) Length Thickness and width V s' 10* 12' 14' 16' 6 to 16' 1 x 4"...... $27.50 $30.50 $30.50 $30.50 $30.50 $31.50 $30.50 1 x 6". . 29700 33.50 34.00 34.00 34.00 36.00 34.00 1 x 8"______29.50 34.50 * 35.00 35.00 35.00 36.00 35.00 1 x 10"...... 30.50 34.5(1 35.00 35.00 35.00 36.00 35.00 1 x 12"...... 30r50 35.00 35.00 35.00 35.00 36.00 35.00 NO. 3 COMMON AND BETTFR (ROUGH) 1 x 4" apd wider, 4' long______;______*___ r $23.60 1 x 4" and wider, 6' long______25.50 NO. 4 COMMON (ROUGH) Length Thickness and width 6 '- 8' 10' 12» 14' 16' 6 to 16' 1 x 4".. $20.50 $23.50 $23.50 $23.50 $28.50 $24.. 50 $23.50 1x6". 21.50 24.50 24.50 24.5Q 24.50 25.50 24.50 1x8". 22.50 25.50 25.50 25.50 25.50 26.50 25.50 1 x 30". 22.50 25.50 25.50 25.50 25.50 26.50 25.50 lx 12*. 22.50 25.60 25.50 25.50 25.60 26.50 25.50 NOTES 1. Industrial yard No. 3 grade: Deduct $1.00 from No. *3* price. 2. S1E, S2E, SIB, or S2S: Add $1.00 to rough price. 3. SlSlE or S4S: Add $1.50 to rough price. 4. “D” Selects: Add $5.00 to No. 1 price. 7440 FEDERAL REGISTER, Tuesday, September 22, 1942 (f) Plank and timbers. for Northern White Pine, Norway Pine, MERCHANTABLE (ROUGH) Jack Pine, Eastern Spruce, Western White Spruce, Balsam, Tamarack, and Length Aspen Lumber”, published by the North ern Hemlock and Hardwood Manufac Thickness and width 12* to 18'& 22'& turers’ Association, effective June 27, IV 16' 20' 24' 1941. (2) With reference to imported lum 3 x 6" & 3 x 8"...... $39.00 $36.00 $41.00 $43.00 3 x 10"...... 41.00 38.00 43.00 45.00 ber, grade terms used herein have the 3 x 12"...... 42.00 39.00 44.00 46.00 meaning set forth in the “Standard 4 x 4" & 4 x 6"...... 39.00 36.00 41.00 43.00 6x6" & 8 x 8 " ...... 40.00 37.00 42.00 44.00 Grading Rules for Northern White Pine, 4 x 10" to 10 x 10"...... 39.50 36.50 41.50 43.50 Norway Pine, Jack Pine, Eastern Spruce, 4 x 12" to 12 x 12"...... 40.50 37.50 42.50 44.50 Western White Spruce, Balsam, Tama rack, and Aspen Lumber”, published by NOTES the Northern Pine Manufacturers’ Asso 1. No. 1: Add $3.00 to merchantable price. 2. No. 2: Deduct $2.00 from merchantable price. ciation, effective May 1, 1939. 3. S1E, S2E, SIS, or S2S on 3 and 4 x 4" to 8 x 8": Add (c) Maximum prices. The maximum $1.50 to rough price; on 4 x 10" to 12 x 12": Add $2.00 to rough price. price, f. o. b. mill, for 1,000 feet (or for 4. S1S1E on 3 and 4 x 4" to 8 x 8": Add $2.00 to rough 1,000 pieces, or for a square, where so price; on 4 x 10" to 12 x 12": Add $2.50 to rough price. 5. S4S on 3 and 4 x 4" to 8 x 8": Add $2.00 to rough designated herein) of Northern white price; on 4 x 10" to 12 x 12": Add $3.00 to rough price. pine, Norway pine, Northern white cedar, 6. D&M or shiplap on 3" thicknesses: Add $2.50 to rough price. or Eastern spruce lumber in a rough air dried condition shipped to the purchaser (g) Grain and coal door boards. from mills located in Wisconsin, Michi Grain door boards 6' long------$26. 50 Coal door boards 6' long______$22.50 gan, and Minnesota, and the maximum Grain door boards 7' long------29. 50 Coal door boards 7' long______24.50 price, f. o. b. Baudette, Minnesota, for such lumber shipped to the purchaser (h) Patent sheathing lath. from mills located in Saskatchewan and Merchant- Manitoba, shall be the price set forth Workedfrom: N o.l able No. 2 No. 3 in the following paragraphs of this sec 4” 4' and longer, mixed, bundled______$38.50 $37.00 $35.50 $35.00 tion. 6" 4' and longer, mixed, bundled.—______39.50 37.50 36.00 34.50 (d) Northern white pine selects (.rough). (i) Lath {maximum prices per 1,000 pieces). 48" No. 1------$6.15 48” No. 3—______$4.40 48" No. 2------5.40 32" merchantable______3.36 B and 6 to 16' lengths better “C"“D” (j) General notes. (Applying to entire specified length price of the longest list 1 x 4"...... „ $85.00 $75.00 $60.00 appendix) ed length. 1 x 5"...... 98.00 88.00 77.00 1. No. 2 and better, 1" or 2" thick 14. Widths wider than listed: add $2.00 1 x 6"...... 90.00 80.00 62.00 1x8"...... 90.00 80.00 62.00 nesses: use same price as merchantable for each additional two inches to the lx 10"...... 98.00 88.00 77.00 in same length. specified width price of the widest listed lx 12"...... 130.00 120.00 100.00 1 x 13" & wider...... 135.00 125.00 105.00 2. “Thin and miscut”: use 75% of price width. 1 x 6" & wider...... 97.00 87.00 68.00 of 1" thickness in same length and grade. 15. Patterns not listed (including log 1 x 8" & wider...... 102.00 92.00 73.00 siding, silo staves and well curbing) : add 5/4 & 6/4 x4"...... 123. 50 108.50 83.50 3. 1 x 2": add $1.00 to price of 1 x 4" 5/4 & 6/4 x 5"...... 133.50 118.50 98.50 in same length and grade. $5.00 to rough price. 5/4 & 6/4 x 6"______123.50 108.50 83.50 16. Regular loading of random lengths 5/4 & 6/4 x 8"...... 128.50 113.50 93.50 4. 1 x 3” : add $1.00 to 1 x 6" price in 5/4 & 6/4 x 10". —...... 133.50 118.50 98.50 same length and grade. or widths shall be in accordance with the 5/4 & 6/4 x 12"...... 143.50 128.50 108.50 standard practice of the Northern Hem 5/4 & 6/4 x 13" & wider. 148.50 133. 50 108.50 5. 2 x 2": add $1.00 to price of 2 x 4" 5/4 & 6/4 x 6" & wider.. 128.50 113.50 88.50 in same length and grade. lock and Hardwood Manufacturers’ As 5/4 & 6/4 x 8" & wider.. 133.50 118.50 98.50 sociation. 8/4x4"...... 128.50 113.50 88.50 6. Random lengths shorter than 6': 8/4 x 5"...... 138.50 123.50 103.50 17. No addition may be made for kiln 8/4 x6"_...... 128.50 113.50 88.50 use same price as 4' in same grade and drying. 8/4x8"...... 133.50 118.50 98.50 thickness. 8/4x10"...... 138.50 123.50 103.50 7. Barky crating: use same price as No. § 1381.264 Appendix B: Maximum 8/4x12"...... 148.50 133.50 113.50 8/4 X 13" & wider...... 153. 50 138. 50 113.50 3 common in same length and thickness. prices for domestic and imported North 8/4 x 6" & wider______133. 50 118. 50 93.50 8. Ripping, resawing, or cut to length: ern white pine, Norway pine, Northern 8/4 x 8" & wider______138.50 123.50 103.50 white cedar, and Eastern spruce lumber 10/4 & 12/4 x 8" & wider. 181.50 166.50 131.50 add $1.00 for each cut. ' 16/4 x 8" & wider. 201.50 186. 50 141.50 9. Shiplap, D&M, or S2S and CM (ex in standard or near standard grades— cept on thicker than 2"): add $1.50 to (a) Application of Appendix B. The rough price. provisions of this section shall apply to 4 to 6' lengths: D and better Northern white pine, Norway pine, 4/4______=______$48.00 10. Drop siding, ceiling, fancy shiplap, Northern white cedar, and Eastern 5/4 and 6/4______65.00 grooved roofing or partition (except on 8 /4 ______70.00 thicker than 2"): add $3.00 to rough spruce lumber which is: (1) Sold on the specifications and on price. NOTES 11. Odd or fractional widths, not listed: the grades designated in this section; and (2) Shipped to the purchaser from 1. Specified lengths: use same price as next wider even width mills located In the states of Wisconsin, 8 to 14' lengths in 4, 6, and 8" widths: and compute footage on even width. Michigan, and Minnesota, and in the No addition. 12. Odd or fractional lengths, not list Canadian provinces of Saskatchewan and 8 to 14' lengths, 10" and wider: ed: use same price as next longer even Manitoba. Add $5.00. length and compute footage on even 16' lengths in 4, 6, and 8" widths: (b ) Grading rules. (1) With reference Add $5.00. length. to domestically produced lumber, grade 16' lengths, 10" and wider: No addition. 13. Lengths longer than listed: add terms used herein have the meaning set 2. SIS or S2S: Add $1.00 to rough price. $2.00 for each additional two feet to the forth in the “Standard Grading Rules 3. S1S1E or S4S: Add $1.50 to rough price. FEDERAL REGISTER, Tuesday, September 22, 1942 7441 (e) Northern white pine bevel and (g) Northern white pine shop trough). bungalow siding. No. 1—6" No. 2-6" No. 3—4" Thickness & wider; 8' & wider; 8' & wider; 4' B and C and & longer Thickness, width better better "C" “D"“E" & longer & longer 4/4...... $69.00,- H x 4".“...-...... $40.50 $39.00 $37.50 $27.50 $19.50 6/4...... 91.50 $64 50 $48.50 x 6"...... 45.60 44.50 43.50 33.50 26.50 6/4...... 91.50 68.50 48.50 M x 8"...... 49.50 47.60 46.50 37.50 31.50 8/4...... H x S f'...... 96.50 73.50 53.50 79.00 72.00 60.00 10/4 . 131.50 103.50 53.50 H x 10"...... 92.00 79.00 65.00 12/4...... Ji x 12"...... 131. 50 103.50 53.50 96.00 83.00 16/4...... 141.50 129.50 70.50 4/4 Shop Common: (f) Northern white pine mouldings. 1 x 6”8” & wider, 8 to 16'______$47.00 Maximum prices shall be the prices listed 1 X 8” & wider, 8 to 16'______52.00 in the 4th edition of the 8,000 series of NOTE the Standard Moulding Book published 1. SIS or S2S: add $1.00 to rough price. by Shattock and McKay Company of (h) Northern white pine lath (maxi Chicago, Illinois, revised on March 1, mum prices per 1,000 pieces). 1940, less the following discounts: Length CO © No. 1------4' $7.25 Where list price is less than $2.001 No. 1------32" 4.00 discount. No. 2------4' 6.75 Where list price is $2.00 or more: 25% Merchantable______32" 3.75 discount. No. 3 (mixed woods)______4' 5.25 (i) Northern white pine thick common (rough). 5/4, 6/4, AND 8/4 THICKNESSES; 8 TO 16' LENGTHS 4" 6" 8" 10". 12" 13" & 6" & wider wider No. 1 Common. . $68.50 $66.50 $66.50 $79.50 $100.50 $105.50 $77.50 No. 2 Common..___,__ 62.50 60.50 60.50 62.50 69.50 79.50 62.50 No. 3 Common...... 47.50 48.50 48.50 49.50 50.50 52.50 48.50 No. 1, 2, and 3 common, 4 to 6' lengths, $43.50. 10/4 AND 12/4 THICKNESSES; 8 TO 16' LENGTHS 4" 6" 8" 10" 12" 6" & wider 8" & wider No. 1 common______$80.50 $80.50 $80.50 $85.50 $109.50 $81.50 $86.50 No. 2 common...... 62.50 62.50 62.50 65.50 68.50 62.50 65.50 No. 3 common...... 48.60 48.50 48.50 49.50 52.50 47.50 49.50 NOTES 1. Specified lengths: 8 to 14': add $5.00. 16': add $2.00. 2. SIS or S2S: add $1.00 to rough price; S1S1E or S4S: add $1.50 to rough price, (j) Northern pine boards—(1) Northern white pine. NO. 1 COMMON (ROUGH) Thickness and width & 8' IO' 17f 14' 16' 6 to 16' 1X 4"...... $46.00 $58.00 $58.00 $58.00 $58.00 $60.00 $58.00 1 x 6"______46.00 56.00 56.00 56.00 66.00 58.00 56.00 1 x 8".. _ _ _. _ 46.00 56.00 58.00 58.00 66.00 56.00 56.00 lx vr. 56.00 66.00 68.00 68.00 66.00 66.00 66.00 1 X 12"...... 81.00 87.00 89.00 89.00 87.00 87.00 87.00 1 x 13" & wider______86.00 02.00 94.00 94.00 92.00 92.00 92.00 NO. 2 COMMON (ROUGH) 1 x 4 " ...... $44.00 $55.00 $55.00 $55.00 $55.00 $57.00 $55.00 1X 6"._ „______44.00 51.00 51.00 51.00 61.00 63.00 51.00 1 x 8"...... 44.00 51.00 53.00 53.00 61.00 51.00 51.00 1 x 10"...... 50.00 54.00 56.00 56.00 54.00 54.00 54. ÓÓ 1 x 12"______56.00 61.00 63.00 63.00 61.00 61.00 61.00 1 x 13" & wider...... 60.00 65.00 67.00 67.00 65.00 65.00 65.00 NO. 3 COMMON (ROUGH) 1x4"...... $35.00 $42.00 $42.00 $42.00 $42.00 $44.00 $42.00 1 X"6"______f ...... 37.00 45.00 45.00 45.00 45.00 47.00 45.00 1 x 8 " ...______38.00 45. CO 47.00 47.00 45.00 45.00 45.00 1 x 10"...... 38.50 45.50 47.50 47.50 45.50 45.50 45.50 1 x 12"... 42.00 47.00 49.00 49.00 47.00 47.00 47.00 1 x 13" and w ider...... _• 43.00 48.00 50.00 50.00 48.00 48.00 48.00 7442 FEDERAL REGISTER, Tuesday, September 22, 1942 SHORT LENGTHS (ROUGH) (m) Northern softwoods dimension—(1) Mixed Norway pine and Eastern No. 1, 2, and 3 Common, Random Widths, spruce No. 1 common (rough) 4 to 6' lengths: $40.50. No te: Not over 50% No. 3 Common. Length (2) Norway p in e Thickness and width 8' 8' KT 12' 14' 18' 18 and 22 and No. 1 Common: Use same price as No. 1 20' 24' White Pine. No. 2 Common: Deduct $2.00 from price **»"...... *...... $33.50 $41.00 $40.00 $40.00 $40.00 $41.00 $44.00 $46.00 9 32.50 39.00 39.00 39.00 39.00 39.00 44.00 46.00 of No. 2 White Pine. “ s" ...... *...... 33.50 40.00 40.00 40.00 40.00 40.00 44.00 46.00 No. 3 Common: Deduct $1.00 from price of 2 x 1 0 ''...... 34.50 43.00 43.00 43.00 43.00 43.00 46.00 48.00 No. 3 White Pine. 2x12 ...... 35.50 44.00 44.00 44.00 44.00 44.00 46.00 48.00 NOTES (2) Northern White Pine 4. SIS or S2S: Add $1.00 to rough price; S1S1E or S4S: Add $1.50 to rough price. 1. 1 x 6" Fence or Gate Boards: Add $2.00 Add $5.00 to Mixed Norway Pine and Eastern to price of 1 x 6" boards in same species, Spruce price. (p) Norway pine bevel siding. grade and length. NOTES 2. 1 x 5” : Add $1.00 to price of 1 x 10” C and Better 1. Select Common: Add $5.00 to No. 1 price. V2 X 4” ------$29.50 boards in same species, grade and length. Merchantable: Deduct $1.00 from No. y2 X 6” ----- 36.50 3. Specified lengths of 18' and 20': 1 price. In 4 and 6” widths: Use same price No. 2: Deduct $2.00 from No. 1 price. (q) Eastern spruce boards (rough) as 16'. No. 3: Deduct $6.00 from No. 1 price. 6 to 16” Lengths_No. 3 Common and better In 8, 10, and 12” widths: Add $2.00 2. Random Lengths, 8 to 16': Use same 1 x 4” ______$43.00 to 16' price. price as 14'. 1 x 6” ______46.00 4. SIS or S2S: Add $1.00 to rough price; 3. All Norway Pine: Add $1.50. 1 x 8” ______46.00 S1S1E or S4S: Add $1.50 to rough price. 4. SIS or S2S: Add $1.00 to rough price; 1 x 10” ______47.00 S1S1E or S4S: Add $1.50 to rough price. 1 x 12” ______55.00 (k) Northern pine thin boards. (n) Mixed Norway pine and Eastern 4” & wider______42.00 (SIS, S2S, or S4S, or.shiplap; hit or miss spruce plank and timbers (rough). NOTES to 11/16") N b. i 1. Specified lengths: Add $5.00. 2. No. 2 common and better: Add $2.00; Length No. 3 .common: Deduct $2.00. No. 4 com 3. SIS or S2S: Add $1.00 to rough pfice; No. 2 com No. 3 com Thickness and width 8 to 16' lengths mon mon mon (mixed S1S1E or S4S: Add $1.50 to rough price. softwoods) to' to 16' 18' to 24' (r) White cedar (rough). 11/16" x 6 to 12".. $45.00 $37.00 $31.00 3 x 6 & 8"...... $39.00 $41.00 1x4” & wider—8' & longer. 3 x 10"...... 40.00 42.00 Shop and better___;______$123.00 3x 12"...... 40.00 42.00 4 x 4" to 8 x 8"______,39.00 41.00 No. 4 boards______33.00 4 x 10" to 10 x 10"...... 41.00 43.00 No. 5 boards.______26.00 (1) Mixed northern softwoods common 4 x 12" to 12 x 12"...... 41.00 44.00 boards (rough) . (Box or crating) 3 x 14" & wider...... 42.00 45.00 NOTE 1. SIS or S2S: Add $1.00; S1S1E or S4S: NOTES Add $1.50. No. 4 com No. 5 com O' and longer mon mon 1. Select Common: Add $6.00 to No. 1 (s) White cedar shingles. (Prices per price. square). 2. SIS or S2S: Add $1.50 to rough price; 1 x 4"...... $36.00 $28.00 Extra “A”______$3.60 1 x 6"...... 37.00 29.00 S1S1E: Add $2.50 to rough price; S4S: Add 1x8"...... 38.00 31.00 $3.00 to rough price. Standard______’______3.05 lx 10"...... 38.00 31.00 3. All Norway pine: Add $3.00. Sound b u tt______„_____ 2.30 1 x 12"...... 38.00- 31.00 1 x 12" & wider______39.00 32.00 (t) General notes. (Applying to entire 1 x 4" & wider______37.00 30.00 (o) Norway pine selects (rough). 1 x 6" & wider______37.50 30.50 Appendix.) 5/4,6/4 & 8/4 X 4 " & wider___ 38.50 31.50 1. Drop Siding or Ceiling: Add $2.00 to “C” and better “D" rough price. 2. Shiplap, D&M, S2S & CM: For 2" 4' & Longer: No. 6 Common 10 to 20' lengths: and thinner add $1.50 to rough price: 1x4” & wider______$16.00 1 x 4"______: ___ $61.00 $52.00 For 3" and thicker: Add $3.50 to rough 1 x ” & wider...... 17.00 1 x 5"...... 74.00 61.00 price. 6 1x 6 "...... 66.00 54.00 ' 1 x 8"...... - 66.00 56.00 3. Resawing: Add $1.00 for each cut. n o t e s : 1 x 10"...... 74.00 61.00 4. Ripping: Add $1.00 for each rip. 1 x 12"...... 82.00 76.00 1. Specified lengths: 1 x 4" and wider...... 67.00 59.00 5. Bundling: Add $1.00. 4/4: Add $1.00. 10 to 16' lengths: 6. Crosscutting: Add $1.00 for each cut. 54 x 4" and wider...... 73.50 59.50 5/4, 6/4, and 8/4: Add $2.00. % x 4" and wider...... 75.50 59.50 7. Width narrower than listed: Add 2. Specified widths in 5/4, 6/4, and 8/4 % x 4" and wider_____ .... 72.50 61.50 the ripping charge to the price of the 18 to 24' lengths: thicknesses: Add $3.00. H x 4" and wider...... 78.50 59.50 width from which it is ripped.. 3. All 6' and 8' lengths: Deduct $2.00. % x 4" and wider...... 80.50 59.50 8. Standard casing, jambs, base, sill 4. SIS or S2S: Add $1.00 to rough price: % x 4" and wider...... 77.50 61.50 stock, pulley stileg, log cabin and similar S1S1E or S4S: Add $1.50 to rough price. patterns: Add $5.00. 5. 4' & longer in No. 4 Common or No. 5 NOTES 9. Odd or fractional widths not listed: Common: Deduct $1.00 from price of 6' and 1. Stained: Deduct $5.00. Use same price, as next wider even width longer. 2. Specified lengths: Add $5.00. and compute footage on even width. 6. 10' & longer in No. 4 Common or No. 5 3. Specified widths (5/4 and thicker): Add 10. Odd or fractional lengths not Common: Add $1.00 to price of 6' and longer. $5.00. listed: Use same price as next longer even FEDERAL REGISTER, Tuesday, September 22, 1942 7443 length and compute footage on even of same length in No. 1. length. "D” No. 2 No. 3 No. 4 No. 5 6. Random lengths, 8 to 16': use same Thickness Length and Com Com Com Com price as 14' in same width and grade. 11. Lengths longer than listed: Add and Width Bet mon mon mon mon 7. Dimension S4S to 1-9/16" hit or miss: $2.00 for each additional two feet to the ter deduct $3.00 from price of same length, width specified length price of the longest and grade dressed S4S. length, listed. 1 x 4"...... 6 to 16' $43.76 $32.75 $29.76 $23.75 $21.75 (2) Shipped to purchaser from mills lo 1 x 6"...... 6 to 16' 46.75 34.75 32.75 26. 75 23.75 12. Widths wider than listed: Add $2.00 1 x 8"...... 6 to 16' 49.75 34.76 32.75 26.75 23.75 cated in Saskatchewan and Manitoba: for each additional two inches to the 1 x 10"...... 6 to 16' 52.75 35.75 32.75 26.75 23.75 (i) Add $10.00 to the prices established specified width price of the widest width 1 x 12"...... 6 to 16' 69.75 43.25 33.75 27.75 23.75 in subdivision (1) above. R/L 26.00 23.25 (ii) Use same notes as in subdivision (1) listed. wider. above. ' 13. Regular loading of random lengths R/L 26.75 23.75 and random widths shall be in accord wider. (f) Western white spruce planks and ance with the standard practice of the LENGTH ADDITIONS TO timbers (rough). (1) Shipped to the pur Northern Pine Manufacturers’ Associa ABOVE GBADES chaser from mills located in British Co tion. For 8 to 16' add...... 2.00 None None 1.00 1.00 lumbia and Alberta: For specified lengths 8 14. Kiln drying the lumber to a mois to 16' add... 3.00 1.00 1.00 2.00 2.00 ture content not exceeding 7% as of the For specified lengths Length 18 to 20' add 5.00 3.00 2.00 2.00 ' 2.00 time the lumber leaves the kiln, add: For R /L 10' and longer Thickness and width Thickness: add...... None 1.00 1.00 None None 8 to 16' 18 to 24' and % "______$5.00 1"______6.00 NOTES 3x6 and 8"...... ;______$25.00 $27.00 1 % "______7.00 3 x 10"...... 26.00 28.00 iy,"______8.00 1. SIS, S2S, S1S1E or S4S: Add $1.50 to 3 x 12"...... 26.00 28.00 2 " ...... 9.00 rough price. 4 x 4" to 8 x 8"...... 25.00 27.00 2. 5/4, 6/4, or 8/4 thickness: Add $4.00 to 4 x 10" to 10 x 10"...... 27.00 28.00 21/2” ______11.00 4x 12" to 12 x 12"...... 27.00 30.00 3 " ______13. 00 one inch price. 3x 14" and wider...... 28.00 31.00 3. 6/4 heavy cut: Add $5.75 to one inch No charge may be made for kiln drying to price. a higher moisture content., 4. All 6' lengths:— NOTES 15. Inspecting, grading and measuring “D” and Better: Deduct $5.00 1. Select Common: Add $6.00 to No. 1 after kiln drying to a moisture content Common: Deduct $1.50 price. No. 4 and Better, including at least 35% 2. SIS or S2S: Add $1.50 to rough price; not exceeding 7% : add 5% of the f. 0. b. of No. 3 and Better: Add $2.00 to No. 4 price. mill price of the lumber in a rough air- S1S1E: Add $2.50 to rough price; S4S: Add dried condition. (This addition may be (2) Shipped to the purchaser from $3.00 to rough price. made only when the seller performs all mills located in Saskatchewan and Mani- (2) Shipped to the purchaser from mills three of these services, at the request of toba> located in Saskatchewan and Manitoba: the purchaser, after kiln drying.) (J0 Add $9.00 to the prices established (i) Add $11.00 to the prices established in subdivision (1) above. § 1381.265 Appendix C: Maximum in subdivision (1) above. (ii) Use same length additions as in (ii) Use same notes as in subdivision prices for imported Western white spruce subdivision (1) above. lumber in standard or near standard (1) above. (iii) Use same notes as in subdivision (g) General notes. (Applying to en grades—(a) Application of Appendix C. (1) above, except add $1.00 to addition The provisions of this section shall apply tire appendix): permitted in Note 2 and add $.50 to addi 1. Drop Siding or Ceiling: Add $2.00 to to imported Western white spruce lum tion permitted in Note 3. ber which is : rough price. (1) Sold on the specifications and on (e) Western white spruce dimension 2. 4/4 shiplap, D&M or S2S & CM: Add the grades designated in this section; (rough) . (1) Shipped to purchaser from $1.50 to rough price; for 5/4 and thicker: and mills located in British Columbia and Add $3.00 to rough price. (2) Shipped to the purchaser from Alberta: 3. Resawing: Add $1.00 for each cut. mills located in the Canadian provinces NO. 1 4. Ripping: Add $1.00 for each rip. of British Columbia, Alberta, Saskatche 5. Bundling: Add $1.00 per 1,000 feet. wan, and Manitoba. Length 6. Crosscutting: Add $1.00 for each cut. (b) Grading rules. Grade terms used Thickness herein have the meaning set forth in the and width 10', 7. Widths narrower than listed: Add & 8' 12', 16' 18/20' 22/24' the ripping charge.to the price of the “Standard Grading Rules for Northern 14' White Pine, Jack Pine, Eastern Spruce, width from which it is ripped. Western White Spruce, Balsam, Tama 8. Standard casings, jambs, base, sill 2x4"____ $21. 75 $29.25 $28.25 $29.25 $32.25 $34.25 stock, pulley stiles, log cabin and similar rack, and Aspen Lumber”, published by 2x6" . 20.75 27.25 27.25 28.75 32.25 34 25 the Northern Pine Manufacturers’ Asso 2x8" 21.75 28.25 28.25 28.25 32.25 34 25 patterns: Add $5.00. 2x10"___ 22.75 31.25 31.25 31.26 34.25 36.25 9. Odd or fractional widths not listed: ciation, effective May 1, 1939. 2x12"___ 23.75 32.25 32.26 32.25 34.25 36.25 Use same price as next wider even width (c) Maximum prices. The maximum price, f. o. b. Spokane, Washington, for and compute footage on even width. NOTES 10. Odd or fractional lengths not 1,000 feet (or for 1,000 pieces, where so listed: Use same price as next longer even designated herein) of imported Western 1. SIS, S2S, S1S1E, or S4S: add $1.50. 2. Select Common: length and compute footage on even white spruce lumber in a rough air dried length. condition shipped to the purchaser from 2 x 4, 6 and 8” : add $6.00 to price of same length in No. 1. 11. Lengths longer than listed: Add mills located in British Columbia and 2 x 10 and 12": add $7.00 to price of Alberta, and the maximum ¡price, f, o. b. $2.00 for each additional two feet to the same length in No. 1. specified length price 6f the longest Baudette, Minnesota, for such lumber 8. No. 2 and Better, including at least 35% shipped to the purchaser from mills lo No. 1: deduct $2.00 from price of No. 1 in length listed. cated in Saskatchewan and Manitoba, same width and length. 12. Widths wider than listed: Add shall be the price set forth in the follow 4. No. 2: $2.00 for each additional two inches to ing paragraphs of this section. 2 x 4,6 and 8": deduct $3.00 from price the specified width price of the widest of same length in No. 1. width listed. (d) Western white spruce selects and 4. No. 2—Continued. boards (rough). (1) Shipped to the pur 2 x 10 and 12": deduct $4.00 from price 13. Regular loading of random lengths chaser from mills located in British Co of same length in No. 1. and random widths shall be in accord lumbia and Alberta: 5. No. 3, all widths: deduct $7.00 from price ance with the standard practice of the No. 186----- 4 7444 FEDERAL REGISTER, Tuesday, September 22, 1942 Northern Pine Manufacturers’ Associa setting forth full details of the transac contract for the sale of a special grade or tion. tion, including (i) the name and address item other than a combination grade.) 14. Stock surfaced to 13/16" thickness; of the purchaser, (ii) the point of origin Date of Order______Origin of Ship Add $0.50 to standard surfaced price. and the point of delivery of the stock, m ent ______15. Stock surfaced to 7/8" thickness (iii) the species and grades of lumber Order No. ______Destination of hit or miss: Add $0.50 to standard sur ordered, (iv) the specifications, (v) the S h ip m e n t______faced price. price charged for the stock, including the Purchaser______FOB lyiill Price____I (Including discounts 16. Dimension surfaced to 1/4" scant functional commission or discount where or commissions, if any) thickness: Add $0.50 to standard surfaced the lumber is sold to or through a whole price. saler or commission salesman, and (vi) (Species) (Thickness) (Widths) 17. No addition may be made for kiln an explanation of how the price was com drying. puted, including a showing that the price (Lengths) (Grade or Item Designation) § 1381.266 Appendix D: Northern bears the same relationship to the most Differential in relation to most comparable softwood lumber in special grades or comparable standard grade or item of standard grade or item which was employed items—(a) Application of Appendix D. lumber as was employed or would have or would have been employed during October (1) This section shall apply to Northern been employed by the producing mill dur 1-15, 1941______ing the period of October 1 to 15, 1941. Most comparable standard grade or item to softwood lumber which is sold on specifi which differential is applied______cations (herein referred to as special (2) Where the Office of Price Adminis grades or items) other than those set tration, within thirty days of receipt of Complete description of special grade or item forth in §§ 1381.263 to 1381.265, Ap the report, rules in writing that the seller (including a description of any working or pendices A to C, inclusive. has made an excessive charge for fur treatment and of the condition of the lumber) (2) For purposes of this section the nishing stock In special grades or items, term “Northern softwood lumber” shall the seller must readjust the sale price in include all items of lumber in the species accordance with the ruling of the Office set forth in paragraph (a) (3) (i) of of Price Administration. If the Office of Price Administration does not rule on Detailed explanation of how maximum price § 1381.259, but shall not include the fol was computed or built u p ______lowing items: (The term “items” includes the price within such time, the price specifications, workings, services and/or submitted shall be considered approved. extras.) (3) Pending action on the application (i) Glued stock. of the producing mill by the Office of (Name) (Office or Title) (ii) Mine material. Price Administration, the seller may Subscribed and sworn to before me, a notary (iii) Switch, cross or mine ties. quote and deliver at a price which shall public, in and fo r ______:______(iv) Small dimension stock. be subject to adjustment in accordance th i s ______- day of ------194. _. (v) Posts, poles and piling. with the action taken on the application, but final payment may not be made and [NOTARIAL SEAL] (b) Maximum prices for combination accepted until a maximum pride has been My commission expires: grades. Where Northern softwood lum approved by the Office of Price Admin (Notary Public) ber is sold on a combination grade (that istration. is, a trade practice grade which is a com (4) In the event that the Office of Price § 1381.267 Appendix E: Delivered bination of basic standard grades, such Administration approves the price prices and estimated average weights— as No. 4 Common and Better) for which charged by the producing mill, or in the (a) Delivered prices for domestic North no maximum price has been established event that the Office of Price Adminis ern softwood lumber. (1) A delivered in Appendices A to C, §§ 1381.263 to tration rules as to the maximum price price in excess of the maximum f. o. b. 1381.265, inclusive, the maximum price which the mill may charge, the price mill prices set forth in Appendices A and shall be the maximum price established as established shall become the maximum B, §§ 1381.263 and 1381.264, for domestic in such Appendices for the lowest basic price which any seller thereafter may Northern softwood lumber may be grade of lumber contained in the stock charge for lumber sold on the special charged, consisting of such maximum that is sold on such combination grade. specifications and shipped from the par prices plus the transportation costs per The seller, however, may grade and ship ticular mill to which the price is applica mitted by this paragraph: Provided, That the lumber on the basic standard grades ble. In subsequent sales of such special (i) the invoice shows the point of origin included in such combination grade and stock the mill need not file a report with of the shipment, the destination, and the invoice the footage in each of the basic the Office of Price Administration unless applicable railroad or truck rate, or, in standard grades at a price not to exceed the price quoted by the mill is in excess place of such rate, where shipment is the maximum price established in this of the maximum price previously de by motor vehicle owned or controlled by Maximum Price Regulation No. 222 for termined. the seller, the amount added for trans the respective basic standard grades. (5) Copies of Form 322:1 can be ob portation; and (ii) the invoice is marked (c) Maximum prices for special grades tained from the Office of Price Adminis “direct mill shipment.” and items other than combination grades. tration, or Form 322:1 can be reproduced (2) Where shipment is exclusively by The maximum price (for any seller) for by the seller, providing no change is motor vehicle owned or controlled by the Northern softwood lumber in a special made in style or content of the form. seller, the charge may be no greater than grade or item, other than a combination the actual cost to the seller of delivery grade, shall be computed by adjusting the -OFFICE OF PRICE ADMINISTRATION by motor vehicle; and in no event shall maximum price established in Appendices Form 322:1 the charge exceed the railroad charge A to C, §§ 1381.263 to 1381.265, inclusive, Lumber Branch Softwood Section at the carload rate for the most nearly of this Maximum Price Regulation No. Report of Sales of Northern Softwood Lumber comparable haul. If the actual post is 222 for the most comparable standard in Special Grades or Items other than Com less than such railroad charge, only the grade or item in accordance with the dif bination Grades. actual cost, may be added to the maxi ferential or differentials which were em mum price. ployed or would have been employed by Com pany______Address ______(3) Where shipment is by common or the producing mill during the period of Mill L ocation______contract carrier, the amount added for October 1 to 15, 1941, subject to the fol transportation may be no greater than lowing conditions: SALES OF SPECIAL GRADES AND ITEM S the actual amount paid to the carrier, (1) The mill must, within thirty days (As defined in Appendix D of Maximum Price except as provided in paragraph (d) of of entering into a contract for sale of Regulation No. 222) this section: Provided, That where ship stock subject to the provisions of this (This report must be filed with the Lumber ment is by both rail and truck (either paragraph, file a report with the Lumber Branch of the Office of Price Administration, owned or controlled by the seller or a Branch of the Office of Price Administra Washington, D. C., within 30 days of the date common or contract carrier), the follow tion, Washington, D. C., on Form 322:1 on which the producing mill enters into a ing shall govern: FEDERAL REGISTER, Tuesday, September 22, 1942 7445 (i) Where shipment is by rail followed lumber computed in accordance with Northern hardwood lumber by a specific by truck delivery, the amount added for subparagraph (1) of this paragraph. maximum price regulation. The Price transportation may include, in addition (e) Estimated average weights. (1) Administrator has ascertained and given to the amount added for rail transporta The estimated average weights for due consideration to the prices of North tion, the actual cost of truck delivery, Northern softwood lumber in a green or ern hardwood lumber prevailing between provided such cost is shown separately air dried condition, shall be as follows: October 1 and October 15, 1941, and has on the invoice. made adjustments for such relevant fac (ii) Where a truck haul precedes the Western tors as he has determined and deemed rail shipment, as where a mill located white to be of general applicability. So far as Whjte spruce Nor away from a railhead hauls lumber by pine and way practicable, the Price Administrator has truck to the railhead,’no addition may be eastern pine advised and consulted with representa made for such truck haul: Provided, spruce tive members of the industry which will That the seller may apply to the Lumber be affected by this regulation. 4/£~per MBM Lbs. Lbs. Lbs. Branch of the Office of Price Administra 2,400 2.400 2,600 In the judgment of the Price Adminis tion, Washington, D. C., for an exception SIS and S2S...... 1,900 1.900 2,000 trator, the maximum prices established S4S, S2S & CM, Ceiling by this regulation are and will be gen if the seller can demonstrate that a sepa Drop Siding, Shiplap____ 1,800 1,800 1,900 rate and identifiable charge for the truck 6U and Thicker—per - MBM erally fair and equitable and will effec haul was customarily made by the seller Rough...... 2,500 2,500 2,600 tuate the purposes of the Emergency SIS, S2S, S1S1E...... 2,200 2,000 2,200 during the year 1940. S4S, S2S, & CM...... 2,100 1.900 2,100 Price Control Act of 1942. A statement (b) Delivered prices for imported Plank & Timbers—per MBM of the considerations involved in the is Rough______3,000 3,200 Western white spruce lumber shipped SIS, S2S, S1S1E, S4S, S2S & suance of this regulation has been issued from the Canadian provinces of British CM...... 2.400 2,700 simultaneously herewith and has been Bevel Siding—per M BM...... 800 Columbia and Alberta. A delivered price Lath (dry)—per M pcs. filed with the Division of the Federal in excess of the maximum prices, f. o. b. 4'...... 500 Register.* 32" • ...... 350 Therefore, under the authority vested Spokane, Washington, set forth in Ap White Cedar Shingles—per pendix C, § 1381.265, for imported West square...... 180 in the Price Administrator by the Emer ern white spruce lumber shipped to the gency Price Control Act of 1942, and in purchaser from the Canadian provinces HEMLOCK accordance with Procedural Regulation of British Columbia and Alberta may be Lbs. per MBM No. 1 \ issued by the Office of Price Ad charged, consisting of such prices plus 3" plank, rough______3,000 ministration, Maximum Price Regulation transportation costs at the carload rail 3" plank &4x4to8x8, S1S1E_____ 2, 700 No. 223 is hereby issued. rate from Spokane, Washington to the 3” plank, S4S or D&M______i ___ 2, 500 A u t h o r i t y : §§ 1382.151 to 1382.166, inclu point of delivery designated by the pur 4 x 10” to 12 x 12”, rough______3, 500 sive, issued under Pub. Law 421, 77th Cong. 4 X 10” to 12 x 12” , S1S1E______;__ 3, 200 chaser: Provided, That the invoice shows 4 x 10” to 12 x 12” , S4S______3,000 § 1382.151 Maximum prices for the point of origin of the shipment, the 4 x 4” to 8 x 8”, rough______3,000 Northern hardwood lumber♦ (a) On and destination, and the carload rail rate 2” piece stuff, S1S1E______;____ _ 2, 200 after September 23, 1942, regardless of from Spokane, Washington to the des 2” piece stuff, SIS or S2S______2, 200 any contract or other obligation, no per tination. 2” piece stuff,- rough or S1E______2, 500 son shall sell or deliver any Northern (c) Delivered prices for imported 2” piece stuff, S4S or D&M______2, 000 1” boards, rough-______2, 500 hardwood lumber, where shipment orig- Western white spruce, Northern white * inates at the mill rather than at a dis pine, Norway pine, Northern white cedar, 1” boards, SIS or S2S______;__ 2,000 Shiplap, D&M, or drop siding______1,800 tribution yard, and no person shall buy and Eastern spruce lumber shipped from Sheathing lath______l, 500 or receive in the course of trade or busi the Canadian provinces of Saskatchewan Per M Pcs. ness any Northern hardwood lumber so and Manitoba. A delivered price in ex Lath------500 shipped, at prices higher than the maxi cess of the maximum prices, f. o. b. Bau- 82” lath______325 mum prices set forth in Appendices A to dette, Minnesota, set forth in Appendices (2) The estimated average weights for D hereof, inclusive, incorporated herein B and C, §§ 1381.264 and 1381.265, for im as §§ 1382.163 to 1382.166, inclusive; and Northern softwood lumber in a kiln dried ported Western white spruce, Northern condition shall be the average weights no person subject to this Maximum Price white pine, Norway pine, Northern white Regulation No. 223 shall agree, offer, so cedar, and Eastern spruce lumber shipped established in subparagraph (1) of this paragraph decreased by the average dif licit or attempt to do any of the fore to the purchaser from the Canadian ference in weight between air dried lum going. provinces of Saskatchewan and Manitoba ber and kiln dried lumber in the par (b) The provisions of this Maximum may be charged, consisting of such prices ticular species shipped. This average Price Regulation No. 223 shall not be ap plus transportation costs at the carload difference shall be calculated on the basis plicable to retail sales as defined in para rail rate from Baudette, Minnesota to the of the experience of the mill which pro graph (a) (7) of § 1382.159. point of delivery designated by the pur duced the lumber shipped. (c) The provisions of this Maximum chaser: Provided, That the invoice shows Price Regulation No. 223 shall not be ap the point of origin of the shipment, the Issued this 18th day of September 1942. plicable to sales or deliveries of Northern destination, and the carload rail rate L eon H enderson, hardwood lumber to a purchaser, if prior from Baudette, Minnesota to the destina Administrator. to September 23, 1942, such lumber had tion. been received by a carrier, other than a (d) Trade practices. In computing [P. R. Doc. 42-9295; Filed, September 18,1942; 5:20 p. m.] carrier owned or controlled by the seller, transportation costs, the following prac • for shipment to such purchaser. tices are permitted: (d) The maximum prices established (1) The computation o fx transporta in this Maximum Price Regulation No. tion costs on the basis of the applicable P art 1382—H ardwood Lumber 223 shall not be increased by any charges freight rate and the estimated average [Maximum Price Regulation 223] for the extension of credit or by any de weights set forth in paragraph (e) of this section. NORTHERN HARDWOOD LUMBER crease in the time customarily allowed for (2) The charging of a sum equivalent In the judgment of the Price Admin •Copies may be obtained from the Office of to the one-quarter of a dollar nearest to istrator, it is necessary and proper to Price Administration. the transportation cost per 1,000 feet of establish maximum prices for sales of x7 PR. 971, 3663, 6967. 7446 FEDERAL REGISTER, Tuesday, September 22, 1942 payment, and shall be decreased for keep for inspection by the Office of Price plication for adjustment of the maxi prompt payment to the same extent that Administration for a period of not less mum prices established by this Maximum the sale price would have been decreased than two years a complete and accurate ¿»rice Regulation No. 223 in accordance on October 1, 1941. record of each sale or delivery or pur with Procedural Regulation No. 6,2 issued § 1382.152 Less than maximum prices. chase of Northern hardwood lumber, by the Office of Price Administration. Lower prices than those set forth in this showing the date of purchase or sale, the (b) Special relief. Any person seeking Maximum Price Regulation No. 223 may name and address of the buyer and seller, special relief for which no provision is be charged, demanded, paid, or offered. the quantities and grades purchased or made in paragraph (a) of this section, sold, and the prices paid or received. from a maximum price established under § 1382.153 Conditional agreements. (b) Such persons shall keep such other this Maximum Price Regulation No. 223, No seller subject to this Maximum Price records in addition to or in place of the may present the special circumstances of Regulation No. 223 shall enter into an records required in paragraph (a) of this his case in an application for an order agreement permitting the adjustment of section and shall submit such reports to of adjustment. Such an application the price of Northern hardwood lumber the Office of Price Administration as that shall be filed in accordance With Pro to prices which may be higher than the Office may from time to time require or cedural Regulation No. I,8 issued by the maximum prices in effect on the date of permit. Office of Price Administration, and shall the agreement: Provided, That if a peti § 1382.156 Enforcement, (a) Persons set forth the facts relating to the hard tion for amendment has been duly filed, violating any provision of this Maximum ship to which such maximum price sub and such petition requires extensive con jects the applicant together with a state sideration, and the Administrator deter Price Regulation No. 223 are subject to the criminal penalties, civil enforcement ment of the reasons why he believes that mines that an exception should be made actions, proceedings for suspension of the granting of relief in his case and in in the public interest pending such con licenses, and suits for treble damages pro all like cases will not defeat or impair sideration, the Administrator may grant vided for by the Emergency Price Control the purpose of the Emergency Price Con an exception from the provisions of this Act of 1942: Provided, That no War Pro trol Act of 1942 and of this M aximum section permitting the making of con Price Regulation No. 223 to eliminate the tracts adjustable upon the granting of curement Agency, or any contracting or paying finance officer thereof, shall be danger of inflation. the petition for amendment. Requests subject to any liability, civil or criminal, (c) General amendments and adjust for such an exception may be included ments. Persons seeking any général in the aforesaid petition for amend imposed by this Maximum Price Regula tion No. 223 or the Emergency Price Con modification of this Maximum Price ment. trol Act of 1942. Regulation No. 223 or any general ad § 1382.154 Evasion, (a) The price (b) Persons who have evidence of any justment or exception not provided for limitations set forth in this Maximum violation of this Maximum Price Regula therein may file petitions for amend Price Regulation No. 223 shall not be tion No. 223 or any price schedule reg ment in accordance with Procédural evaded, whether by direct or indirect ulation or order issued by the Office of Regulation No. i,* issued by the Office of methods, in^ connection with an offer, Price Administration or any acts or prac Price Administration. solicitation agreement, sale delivery, pur tices which constitute such a Violation are § 1382.159 Definitions, (a) When chase, or receipt of or relating to North urged to communicate with the nearest used in Maximum Price Regulation No. ern hardwood lumber, alone or in con district, state, or regional office of the 223, the term: junction with any other commodity or by Office of Price Administration or its prin (1) “Person” includes an individual, way of commission, service, transporta cipal office in Washington, D. C. corporation, partnership, association, or tion, or other charge or discount, pre any other organized group of persons, or mium or other privilege, or by tying- § 1382.157 Licensing. The provisions of Supplementary Order No. 18 (§ 1305.22) legal successor or representative of any agreement or other trade understanding, of the foregoing, and includes the United or otherwise. licensing persons selling lumber, lumber products or building materials, are ap States or any agency thereof, or any (b) Specifically, but not exclusively, other government, or any of its political the following practices are prohibited: plicable to every person, except mills, making sales of Northern hardwood lum subdivisions, or any agency of the fore (1) Unnecessarily routing lumber going. through a distribution yard; ber for which maximum prices are estab lished by this regulation. (2) “Feet” means board feet of lumber (2) Unreasonably refusing to ship except that with reference to lumber in lumber on standard grades and in grade- § 1382.158 Petitions for amendment thicknesses of %'%' and the rule range widths and lengths; or adjustment—(a) Government con term “feet” means surface feet. (3) Falsely or wrongly grading or in tracts or subcontracts. Any person who (3) “Northern hardwood lumber” voicing lumber; has entered into or proposes to enter into means lumber: (4) Grading as a special grade lumber a contract with the United States or any (i) Produced from the botanical spe which normally is graded by the seller agency thereof, or with the Government cies of brown ash (Fraxinus nigra), as a standard grade; of any country whose defense the Presi beech (Fagus americana), rock elm (Ul- (5) Making charges for delivery which dent deems vital- to the defense of the mus thomasi), hard maple (.Acer saccha- exceed the actual cost to the seller of United States under the terms of the Act rum), and the commercial species of the such delivery (except as provided in of March 11, 1941, entitled “An Act to genera basswood (Tilia), birch (Betula), § 1382.106). promote the defense of the United soft elm (Ulmus), soft maple (Acer), States”, or any agency of any such Gov § 1382.155 Records and reports, (a) and oak (Quercus). ernment, or a subcontract under any such (ii) Processed into lumber at mills lo Every seller and purchaser subject to contract, who believes that the m axim um this Maximum Price Regulation No. 223 cated in the states of Michigan, Minne price impedes or threatens (to impede sota and Wisconsin. making sales or deliveries or purchases production of Northern hardwood lumber of Northern hardwood lumber to the which is essential to the war program and * 7 F.R. 5087, 5604. value of $500.00 or more in any one which is or will be the subject of such * Supra, note 2. month, after September 23, 1942, shall contract or subcontract, may file an ap 4 Supra, note 2. FEDERAL REGISTER, Tuesday, September 22, 1942 7447 (4) “Mill” means any establishment: (ii) It must be a sale in which the standard or near standard grades—(a) (i) Which processes into the items of purchaser requests delivery to a point Application of Appendix A. The pro lumber covered by this Maximum Price not more than 20 miles from the mill at visions of this section shall apply to Regulation No. 223, by sawing or plan which shipment originates; Northern hardwood lumber which is sold ing, or ships to milling-in-transit opera (iii) It must be a sale of lumber to in the species and on the grades desig tions for such processing by sawing, a contractor or consumer for use in con nated in this section. Lumber sold on planing, or kiln drying, at least 25 per struction, remodeling, repair, mainte such grades shall be deemed to include cent of the volume of Northern hardwood nance, fabrication, or rerrfonufacture, and lumber in: lumber or logs purchased or received by not for resale in substantially the same (1) Grade-rule range widths and it, or form. lengths; (ii) Which resembles the following de (8) “War procurement agency” in (2) Widths and lengths substantially scribed establishment more nearly than cludes the War Department, the Depart the same as grade-rule range widths and that described under the definition of ment of the Navy, the United States lengths; or - "distribution yard” in subparagraph (5) Maritime Commission, and the Lend- (3) Specified average widths or speci-' (ii) of this paragraph: An establishment Lease Section in the Procurement Divi fied average lengths which are substan which concentrates and prepares lum sion of the Treasury Department, or any tially run-of-the-log. ber for commercial shipment, which agency of the foregoing. (b) Maximum prices. The maximum keeps in stock primarily Northern hard (b) Unless the context otherwise re f. o. b. mill price for 1,000 feet of North wood and Northern softwood lumber, quires, the definitions set forth in section ern hardwood lumber in standard or near which has its lumber brought in chiefly 302 of the Emergency Price Control Act standard grades in a rough air dried con in rough green form by truck from small of 1942 shall apply to other terms used dition shall be as follows: local sawmills and sells chiefly for rail herein. shipment, and which has been located (1) BKOWN ASH at its particular site in order to be near § 1382.160 Applicability of General the lumber producing area. Maximum Price Regulation. The pro visions of this Maximum Price Regula Thickness No. 1 No. 2 No. 3- (5) “Distribution yard” means an es (inch) FAS Selects Com Com Com tablishment: tion No. 223 supersede the provisions of mon mon mon . (i) Which processes into the items of the General Maximum Price Regulation5 with respect to sales and deliveries of 1.7...... $75.00 $60.00 $47.00 $36.00 $27.00 lumber covered by this Maximum Price i}i...... 80.00 65.00 52.00 40.00 28.00 Regulation No. 223, by sawing or planing, Northern hardwood lumber for which l H...... 85.00 70.00 55.00 43.00 28.00 maximum prices are established in this 2...... 90.00 75.00 59.00 45.00 29.00 or ships to milling-in-transit operations 2H...... 100.00 for such processing by sawing, planing, regulation. 3...... 110.00 or kiln drying, less than 25 percent of § 1382.161 Export sales. The maxi 4...... 120.00 the volume of Northern hardwood lum mum price at which a seller may make ber purchased or received by it; and an export sale of Northern hardwood (ii) Which resembles the following lumber shall be determined in accord (2) BASSWOOD described establishment more nearly than ance with the provisions of the Maximum that described under the definition of Export Price Regulation,6 issued by the No. 1 “mill” in subparagraph (4) (ii) of this Com No. 2 No. 3 Office of Price Administration. An “ex Thickness FAS Selects mon Com Com paragraph: A wholesale or retail lumber port sale” is any sale between a seller (inch) and mon mon yard which purchases or receives lumber in the continental United State., and a Selects from a mill or another distribution yard purchaser outside thereof in which the for purposes of unloading, sorting, and commodity sold is transported from the Ü____ :...... $55.00 $49.00 $33.00 $24.00 64.00 56.00 38.00 28.00 resale or redistribution, which regularly continental United States to a point out H...... -...... 72.00 64.00 43.00 31.00 maintains a miscellaneous stock of lum side thereof and includes any sale of a i ...... 85.00 75.00 50.00 37.00 $28.00 ber from different regions, which obtains IK-——— 90.00 80.00 54.00 41.00 29.00 commodity outside the continental i H-—.....- 93.00 83.00 58.00 43.00 29.00 its lumber primarily by rail shipment and United States by an agent of the exporter 2...... 98.00 88.00 69.00 44.00 29.00 sells primarily for truck shipment, which or by a corporation owned or controlled % ...... 104.00 94.00 76,00 52.00 is equipped to make quick deliveries of by the exporter within a period of two 3...... 109.00 99.00 81.00 57.00 many different items of lumber, and years after the date of shipment of the which has been located at its particular commodity from the continental United site primarily in order to be near a lum States. (3) BEECH ber consuming area. § 1382.162 Effective date. This Maxi (6) “Volume” means the board feet No. 2 Com- mum Price Regulation No. 223 (§§ 1382.- Thickness (inch) mon and No. 3 Com volume of lumber processed from logs, 151 to 1382.166, inclusive) shall become better mon processed from other lumber, or sold, as effective September 23, 1942. the case may be, within six months im U...... $29.00 mediately prior to the transaction sub § 1382.163 Appendix A: Maximum $ ...... 34.00 prices for Northern hardwood lumber in %...... 38.00 ject to this Maximum Price Regulation Ï...... 45.00 $27.00 No. 223. 1W...... ' 49.00 28.00 (7) “Retail sale” means a sale which 6 7 P E . 3153, 3330, 3666, 3990, 3991, 4339, 1$...... 54.00 28.00 4487, 4659, 4738, 5027, 5192, 5276, 5365, 5445, 2.:...... 58.00 28.00 satisfies all of the following tests: 5484, 5565, 5775, 5783, 5784, 6007, 6058, 6081, 2H...... 66.00 (i) It must be a sale of not more than 6216, 6215, 6794, 6939, 7093. 3...... 78.00 2,000 feet of lumber; • 7 FJR. 5059. 7448 FEDERAL REGISTER, Tuesday, September 22, 1942 (4) B IR C H ' (9) OAK (13) HARDWOOD BLOCKING No. 3A No. 1 No. 2 No. 8A No. 3 (No. 3 Common) Thickness FAS Selects Com Com Com Com Thickness No. 1 No. 2 Com No. 8 (inch) FAS Selects Com Com mon ÇOJth- mon mon mon mon (inch) . Size (inch) mon mon and mon 2 'to 6', Sound V 4' 6' 1...... $79.00 $64.00 $53.00 $39.00 $30.00 $25.00 8' 6' mixed V i...... 85.00 70.00 58.00 42.00 32.00 26.00 lengths ...... $86.00 $74.00 Vû...... 90.00 7&00 63.00 43.00 33.00 27.00 H ...... 97.00 84.00 2 ...... 100.00 85.00 70.00 45.00 35.00 28.00 2 x 3,2 x 4,2 x 1 ...... 114.00 99.00 $65.00 $43.00 $36.00 $28.00 V i...... 120.00 100.00 85.00 55.00 6______$24.00 $25.00 $24.00 $24.00 $24.00 $23.00 VA...... 119.00 104.00 73.00 50.00 37.00 29.00 3x3, 3x 4, 3x IH ...... 121.00 106.00 79.00 56.00 38.00 29.00 6...... 24.00 25.00 24.00 25.00 25.00 24.00 2 ...... 123.00 113.00 89.00 61.00 39.00 29.00 (10) MIXED HARDWOODS 4 x 4, 4 x 5, 4 x 2 H...... - 125.00 115.00 93.00 62.00 Dunnage or No. i Common.—Lumber of any hard 6...... 24.00 25.00 24.00 25.00 25.00 24.00 3 ...... 127.00 117.00 98.00 67.00 wood species of standard widths and lengths 6x6, 6x8__ 26.00 27.00 26.00 26.00 26.00 25.00 but poorer in quality than No. 3B Common... $15.00 (5) ROCK ELM (11) 1" HARDWOOD TIE SIDES (14) GRAIN AND -COAL DOOR BOARDS No. 1 No. 2 No. 3A No. 3B Thickness No. 1 No. 2 No. 3 FAS Com Com Com Com 6' 7' (inch) FAS Common Common Common mon mon mon mon ._ • • Birch______$85.00 $54.00 $37.00 $29.00 $24.00 Grain door boards $20.00 $20.00 1____ ...... $60.00 $40.00 $34.00 $26.00 Coal door hoards ______18.00 18.00 l)i..—...... 65.00 47.00 36.00 27.0C Maple...... 80.00 50.00 36 00 26.00 22.00 iH ~ ~ ...... 75.00 65.00 38.00 28.00 Oak...... 60.00 44.00 33.00 25.00 22.00 2...... 80.00 63.00 43.00 30.00 V i- ...... 90.00 73.00 60.00 33.00 For 1H" and thicker items in each species, add to the (15) HARDWOOD SQUARES 8...... 100.00 83.00 55.00 35.00 above prices the same amounts by which the prices for those thicknesses, in standard lumber grades, exceed the prices for 1" stock in the same standard grades. Length (inches) l" Vi" 1H" <6) SOFT ELM (12) HARDWOOD HEARTS 12 to 16...... $45.00 $53.00 $58.00 18 to 40.-...... 48.00 58.00 63.00 Crossing No. 1 42 to 48...... 63.00 68.00 73.00 43ize (inch) Length No. 3 plank and 54 to 60...... 73.00 78.00 . 88.00 Thickness FAS Common No. 2 No. 3 (feet) CoihmOn structural (inch) and Common Co&mon stock Selects (c) Green lumber. The maximum 2x4 ...... 6 to 16 .. $26.00 $31.00 f. o. b. mill price for 1,000 feet of North 1...... $60.00 $50.00 $39.00 $27.00 2x5...... 6 tn 16 27.00 31.00 V i...... 63.00 52.00 40.00 28.00 2 x 6— ...... 6 to 16 . 26.00 31.00 ern hardwood lumber in a rough green V i...... 65.00 53.00 41.00 28.00 2x8...... 6 to 16___ 26.00 30.00 condition shall be the maximum price 2...... 68.00 56.00 42.00 29.00 2 x 5 & wider___ 6 to 16...... 26.00 31.00 V i...... 71.00 59.00 44.0Ò 3 x 3...... 6 to 16___ 27.00 30.00 established in paragraph (b) above for 3______76.00 64.00 49.00 3 x 4 ...... ft tn 16 28.00 30.00 rough air dried lumber, less the deduction s i f i ; 6 t,r> 16 26.00 30.00 3x8...... - ...... 6 to 16 28.00 32.00 which the seller customarily made during (7) HARD MAPLE 3 x 10...... 6 to 16. .. 32.00 37.00 the last six months of 1941 for furnishing 3 x 12...... __ 6 to 16 38.00 47.00 green rather than air dried stock. 6 t o 16 27.00 30.00 4x6...... 6 to 16___ 27.00 31.00 (d) Additions for kiln drying and No. 3A 4 x 8...... 6 to 16___ 32.00 36.00 working. The iollowing additions per Thick No. 1 No. 2 Com No. 3 6x 6 ...... 6 to 16___ 27.00 31.00 ness FAS Selects Com Com mon Com 6x 8 ...... 6 to 16...... 32.00 36.00 1,000 feet of Northern hardwood lumber (inch) mon' mon and mon 8 x 8 ...... 6 to 16...... 37.00 46.00 may be charged for the specified treat Sound ments and workings: For all one length, 8' or longer, adà $2.00. (1) Kiln drying the lumber to a mois 1...... $93.00 $78.00 $58.00 $43.00 $30.00 $26.00 For all 10' to 16', add $0.50. ture content not exceeding 7 percent as V i...... 99.00 83.00 63.00 46.00 33.00 27.00 For all 12' to 16', add $1.00. V i ...... 102.00 86.00 67.00 48.00 34.00 28.0Ô For all 14f to 16', add $1.50. of the time the lumber leaves the kiln. 2...... 110.00 93.00 74.00 50.00 36.00 28.00 V i...... 120.00 101.00 84.00 3...... 135.00 1A.00 97.00 Species W 1" thick V f ' V i" 2" * thick V i" 3" thick 4...... 160.00 140.00 115.00 K’ thick thick thick thick Mlscut Basswood_____ 1...... 88.00 73.00 53.00 40.00 Soft Elm______$5.00 $6.00 $7.00 $8.00 $9.00 $11.00 $13.00 Soft Maple...... Ash______Beech...... (8) SOFT MAPLE Birch...... Rock Elm_____ 5.50 7.50 9.00 10.50 13.00 16.00 20.50 Hard M aple.... Oak...... No. 1 Thickness Common No. 2 No. 8 (inch) FAS and Common Common Selects (2) Kiln drying the lumber to a mois (3) Inspecting, grading, and measur ture content greater than 7 percent but ing after kiln drying: 5 percent of the I...... $71.00 $51.00 $37.00 $27.00 not exceeding 20 percent as of the time f. o. b. mill price of the lumber in a 1 Ye...... 76.00 56.00 41.00 28.00 the lumber leaves the kiln: One-half of 1H...... 84.00 61.00 46.00 29.00 the addition permitted in subparagraph rough air dried condition. This addi 2...... 91.00 66.-00 47.00 30.00 (1) above or $4.00, whichever is the tion may be made only where the seller greater sum. performs all three of these services, at FEDERAL REGISTER, Tuesday, September 22, 1942 7449 the request of the purchaser, after kiln (4) Anti-stain treatment: 50 cents, § 1382.164 Appendix B. Maximum drying. (5) Millworking: prices for Northern hardwood lumber in “standard special” grades or items—(a) Surfacing Surfacing Application of Appendix B. The pro Surfacing lo r 2 lo r 2 Dressed Resaw Resaw Species 1 or 2 sides and sides and Surfacing and ing one ing two Ripping Bundling visions of this section shall apply to sides resawing resawing 4 sides matched cut cuts per cut Northern hardwood lumber which is sold 1 cut . 2 cuts In the species and on the “standard Ash...... special” grades or specifications desig Beech__ ...... nated in this section. Birch...... Rock Elm______(b) Maximum prices. The maximum Soft Elm ..___ ... > $2.00 $4.00 $6.00 $4.00 $5.00 $2.00 $4.00 $1.50 $1.50 f. o. b. mill price for 1,000 feet of Northern Hard Maple____ Soft M aple...... hardwood lumber in “standard special” O ak...... grades or items in a rough air dried con Basswood...... 1.60 3.00 4.50 3.00 3.00 1.50 3.00 1.50 1.50 dition shall be as follows: (1) STANDARD SPECIAL GRADES, SPECIFIED WIDTHS, AND SPECIFIED LENGTHS (In specified hardwood species] Maximum additions to maximum price established in Species Grade or designation Thickness Widths Lengths Maximum prioe § 1382.163 for lumber in corresponding standard grade and thickness Inches Inches Feet 1,000 feet Basswood.. .. No. 2 Common and Better...... 1...... Regular $38.00...... No. 2 Common...... 1...... 3K't.o54 $35.00...... All...... 1...... $5.00. All...... 114 end thicker__ Regular...... $6.00. No. 1 Common and Better___ 7 and w ider...______$7.00. No. 1 Common and Better...... $15.00. No. 1 Common and Better...... $30.00. No. 1 Common and No. 2 1__...... 8 mid longer (Long cut $4.00. Common. ting). Venetian Blind Stock...... 1 and iy&...... $5.00. FAS Key Stock...... 1...... $105.00 ...... No. 1 Common Key Stock___ 1...... $85.00...... FAS Key Stock...... lJi...... $110.00.. No. 1 Common Key Stock___ 1 \ i ...... $90.00...... 1 and 2 Face Clear...,...... i_:...... 4...... 6 to 16...... $75.00...... 1 and 2 Face Clear...... i ...... 5...... 6 to 16...... $82.00...... Birch...... Selects and Better. __ _ n_ ... 45% 8 and wider (10% to 45% 14 and 16 For each 10% of 8" and $2.50, 15% 10 and wider). wider in excess of 45%. Selects and Better ... ______45% 8 and wider (10% to 45% 14 and 16. For each 10% of 14' and $2.00. 15% 10 and wider). 16' in excess of 45%. Straight-grained, free from $20.00. cross-grained or curly stock: K notty...... i ...... 4 to 8...... 8 to 16...... $80.00 . No. 1 Common and Better... i ...... 4 and wider...... 4 and 6...... $65.00...... No. 2 Common and Better... i ...... 4 and wider______4 and 6 ...... $48.00...... No. 2 Common...... i ______4 and wider______$43.00...... No. 2 Common and Better... IK ...... 4 and wider...... $58.00...... 1 and 2 Face Clear...... i ______4...... fitnlfi $89.00 . 1 and 2 Face Clear______i ...... 6...... « tn Ifi $94.00. . 2 Face Clear...... i ...... 4...... fi tn 1fl $99.00 ...... 2 Face Clear______i ...... 5 . fi tn Ifi $104.00..___ No. 1 Common...... i ...... 4...... $65.00 No. 2 Common______i ...... 4...... $43.00...... No. 3 Common...... 1:...... 4...... $28.00 . . . . No. 1 Common...... 1...... 6...... $66.00. . No. 2 Common...... 1...... 6...... Anv______$44.00 .. No. 3 Common...... 1...... 6...... $29.00...... Selected Red Birch______$20.00. Hard Maple... 1 and 2 Face Clear...... i ...... 4...... 6 to 16...... $93.00 1 and 2 Face Clear______1...... 5...... fi tn 1« $99.00 .. 1 and 2 Face C lear...______IK...... 4...... 6 to 16...... $99.00 . No. 1 Common and B etter- 1 and thicker____ Regular...___... ______$165.00 ...... Curly. FAS—Birdseye...... 1 and thicker_____ Regular...... $25.00. No. 1 Common and Better IK to 2K...... Regular..______$10.00. Heel Stock. No. 1 Common Flooring Stock. 1...... 4 and wider______4 and longer______$49.00...... No. 2 Common Flooring Stock. 1 ' ...... 4 and widei...... j ...... $39.00... No. 3ACommon Flooring Stock. 1...... 4 and widet...... $29.00 ...... No. 1 Common Flooring Stock. IK ...... 4 and widir...... $52.00 ...... No. 2 Common Flooring Stock. IK ...... 4 and wider...... $42.00 ...... No. 3ACommon Flooring Stock. IK ...... 4 and wider______$32.00...... No. 1 White______$20.00, No. 1 and No. 2 White...... $15.00. No. 2 W hite...... $10.00. Sap 1 Face...... $7.00. Straight Grain (except in con $20.00. junction with No. 1 White, No. 2 White or No. 1 and No, White), Straight Grain (ip conjunction $10.00. with No. 1 White, No. 2 White or No. 1 and No. 2 White.) 7450 FEDERAL REGISTER, Tuesday, September 22, 1942 (2) STANDARD SPECIAL WIDTHS AND LENGTHS IN ALL HARDWOOD SPECIES [Except as otherwise provided in Appendix A, § 1382.163] Maximum addition to maximum prices ** established in Width and/or length Grade § 1382.163 for lum ber in correspond-' ing standard grade and thickness 5" or 6" and wider; 8' and longer______10' and longer or 12' and longer...... ______2 00 7" and wider; standard lengths...... 8 00 8" and wider; standard lengths...... 12 9" and wider; standard lengths...... 25.00 10“ and wider: standard lengths...... 30 00 12" and wider; standard lengths______k______35.00 11“ and wider; standard lengths______Step Flanlr , ...... 135.00 12" and wider; standard lengths...... 140.0Ò i Add to FAS price. All one width. Same price as for the same width and wider, except as specifically provided for in Appendix A, §1382.163. 6' and shorter. Deduct $2.00 exoept whefe othefwise specifically provided for in Appendix A, §1382.163. (c) Additions. Additions to the maxilumber in a “non-standard special” grade accepted until a maximum price has been mum prices established in this section or item, other than a combination grade, approved by the Office of Price Adminis may be charged in accordance with pro shall be computed by adjusting the maxi tration. visions of paragraph (d) of § 1382.163, mum price established in Appendix A or (4) In the event that the Office of Appendix A. B, § § 1382.163 or 1382.164, of this Maxi Price Administration approves the price § 1382.165 Appendix C: Maximum mum Price Regulation No. 223 for the charged by the producing mill, or in the prices for Northern hardwood lumber most comparable standard or “standard event that the Office of Price Administra in “non-standard special” grades or special” grade or item in accordance with tion rules as to the maximum price which items—(a) Application of Appendix C. the differential or differentials which the mill may charge, the price, so estab (1) This section shall apply to Northern were employed or would have been em lished shall become the maximum price hardwood lumber which is sold on spe ployed by the producing mill during the which any seller thereafter may charge cial specifications not covered by Appen period of October 1 to 15,1941, subject to for lumber sold on the special specifica dix A or B, §§ 1382.163 or 1382.164. the following conditions: tions and shipped from the particular (2) For purposes of this section the (1) The mill must, within thirty days mill to which the price is applicable. In term “Northern hardwood lumber” shall of entering into a contract for sale of subsequent sales of such special stock the include all items of lumber in the species stock subject to the provisions of this mill need not file a report with the Office set forth in paragraph (a) (3) (i) of paragraph, file a report with the Lumber of Price Administration unless the price § 1382.159, but shall not include the fol Branch of the Office of Price Administra quoted by the mill is in excess of the lowing items: (The term “items” in tion, Washington, D. C., on Form 323:1 maximum price previously determined. cludes specifications, workings, services setting forth full details of the transac (5) Copies of Form 323:1 can be ob and/or extras.) tion, including (i) the name and address tained from the Office of Price Adminis -Ci) Glued stock. of the purchaser, (ii) the point of origin tration, or Form 323:1 can be reproduced (ii) Moulding. and the point of delivery of the stock, by the seller, providing no change is made (iii) Shiplap. (iii) the species and grades of lumber or in style or content of the form, dered, (iv) the specifications, (v) the (iv) Risers, step treads, thresholds, OFFICE OF PRICE ADMINISTRATION handrails. price charged for the stock, including the (v) Bevel and drop siding. functional commission or discount where Form 323:1 (vi) Flooring. the lumber is sold to or through a whole Lumber Branch Hardwood Section (vii) Switch, cross, and mine ties. saler or commission salesman, and (vi) an explanation of how the price was com Report of Sales of Northern Hardwood Lum (viii) Mine material. ber in “Non-Standard Special” Grades or (ix) Small dimension stock. puted, including a showing that the Items other than Combination Grades (x) Lath. price bears the same relationship to the (b) Maximum prices for combination most comparable standard or “standard Company______>___ special” grade or item of lumber as was Address______: grades. Where Northern hardwood lum Mill Location______ber is sold on a Log Run, Mill Run, or employed or would have been employed No. 1 Common and Better grade for by the producing mill during the period of SALES OP “ NON-STANDARD SPECIAL” GRADES AND which no maximum price has been estab October 1 to 15, 1941. ITEMS lished in Appendix A, § 1382.163, the (2) Where the Office of Price Admin istration, within thirty days of receipt (As defined in Appendix C of Maximum Price maximum price shall be the maximum Regulation No. 223) price established in that section for the of the report, rules in writing that the seller has made an excessive charge for (This report must be filed with the Lum lowest grade of lumber contained in the ber Branch of the Office of Price Administra stock that is sold on such special inspec furnishing stock in “non-standard spe cial” grades or items, the seller must re tion, Washington, D. C., within 30 days of tion grade. The seller, however, may the date on which the producing mill enters grade and ship the lumber on the stand adjust the sale price in accordance with into a contract for the sale of a “non-stand ard grades included in such special in the ruling of the Office of Price Admin ard special” grade or item other than a com- spection grade and invoice the footage in istration. If the Office of Price Admin bination grade.) each of the standard grades at a price istration does not rule on the price within Date of Order__Origin of Shipment______such time, the price submitted shall be Order No ___Destination of Shipment— . not to exceed the maximum price estab considered approved. Purchaser_____ FOB Mill Price______lished in this Maximum Price Regulation (3) Pending action on the application (Including discounts or No. 223 for the respective standard of the producing mill by the Office of commissions, if any) grades. Price Administration, the seller may (Species) (Thickness) (Widths) (Lengths) (c) Maximum prices for “non-stand quote and deliver at a price which'shall ard special” grades and items other than be subject to adjustment in accordance (Grade or Item Designation) combination grades. The maximum price with Jhe action taken on the application, Differential in relation to most comparable (for any seller) for Northern hardwood but final payment may not be made and standard or “standard special” grade or FEDERAL REGISTER, Tuesday, September 22, 1942 7451 item which was employed or would have been (2) Where a truck haul precedes the has been issued simultaneously herewith employed during October 1-15, 1941______rail shipment, as where a mill located and has been filed with the Division of Most comparable standard or “standard spe away from a railhead hauls lumber by the Federal Register.* cial” grade or item to which differential is truck to the railhead, no addition may be Added: § 1400.101 (f), § 1400.106 (d) applied------made for such truck haul: Provided, That (2) reference Nos. 9,10,11, § 1400.118 (d) Complete description of “non-standard spe the seller may apply to the Lumber (18) reference Nos. 19a through 19d, cial” grade or item (including a .description of any working or treatment and of the Branch of the Office of Price Administra § 1400.118 (e). condition of the lumber) ______tion, Washington, D. C., for an exception Amended: § 1400.106 (d) (1), § 1400.118 if the seller can demonstrate that a sep (d) (18) reference Nos. 18g and 18h, arate and identifiable charge for the § 1400.118 (d) (23) (ii) first paragraph, truck haul was customarily made by the § 1400.118 (d) (29) (v) (i). seller during the year 1940. Revoked: § 1400.118 (d) (2) (viii), Detailed explanation of how maximum price (d) In computing transportation costs, § 1400.118 (d) (14) (iv) (b), § 1400.118 was computed or built up______the following practices are permitted: (d) (26) (iii), the proviso in § 1400.118 (1) The computation of transporta (d) (27) (viii), § 1400.118 (d) (29) (iii). tion costs on the basis of the applicable Redesignated: § 1400.118 (a) (8) is freight rate and the appropriate esti redesignated § 1400.118 (a) (7). (Name) (Office or Title) Subscribed and sworn to before me, a Notary mated average weights set forth in par § 1400.101 Maximum prices for cot public, in and for______agraph (e) of this section. ton products. * * * this______._ day o f ______194__ (2) The charging of a sum equivalent (f) The maximum price for pound (notarial seal) ______to the one-quarter of a dollar nearest goods and remnants less than 10 yards in My Commission expires: (Notary Public) to the transportation costs per 1,000 feet length resulting from the production of (d) Additions. Additions to the maxi of lumber, computed in accordance with fabrics subject to this Maximum Price mum prices established in this section subdivision (1) of this paragraph. Regulation No. 118, Revised Price Sched may be charged in accordance with the (e) (1) The estimated average weights ule No. 352 and Revised Price Schedule provisions of paragraph (d) of § 1382.163, for Northern hardwood lumber in a green No. 898 shall be determined in accordance Appendix A. or rough air dried condition, shall be as follows: with the formula set forth in this section: § 1382.166 Appendix D: Delivered Provided, That if such pound goods are Pounds per 1,000 inextricably mingled with pound goods of prices and estimated average weights, (a) Species: feet BM Delivered prices in excess of the maxi a kind for which maximum prices are Brown Ash____ :______3,300 established by the General Maximum mum f. o. b. mill prices established in this Basswood______•______2, 500 Maximum Price Regulation No. 223 may B eech ______4, 000 Price Regulation,4 then the maximum be charged, consisting of such maximum B ir c h ______I ______4,000 price for the mingled lot shall be deter prices plus the transportation costs per Bock Elm ______4,000 mined in accordance with said General mitted by this section: Provided, That (1) Soft Elm ______I__3,200 Maximum Price Regulation. Hard Maple______4,300 the invoice shows the point of origin of Soft Maple______3,700 § 1400.106 War procurement. * * * the shipment, the destination, and the Oak______4,000 (d) Finished piece goods supplied to applicable railroad or truck rate, or in war procurement agencies. (1) Sales and place of such rate, where shipment is by (2) The estimated average weights for deliveries to a war procurement agency , motor vehicle owned or controlled by the Northern hardwood lumber in a kiln dried of finished piece goods of the types and seller, the amount added for transporta condition shall be the average weights made to the specifications (in their pres tion; and (2) the invoice is marked “di established in subdivision (1) of this ent form or as hereafter amended) listed rect mill shipment”. paragraph decreased by the average in (2) below shall be subject to Maximum (b) Where shipment is exclusively by difference in weight between air dried Price Regulation No. 157. lumber and kiln dried lumber in the par motor vehicle owned or controlled by the ( 2) seller, the charge may be no greater than ticular species shipped. This average the actual cost to the seller of delivery by difference shall be calculated on the basis of the experience of the mill which pro Reference motor vehicle; and in no event shall the No. Type of goods Specifications charge exceed the railroad charge at the duced the lumber shipped. carload rate for the most nearly compar Issued this 18th day of September 1942. , * * * „ able haul. If the actual cost is less than 9...... Cloth, cotton, twill O. D. JQD 54A. such railroad charge, only the actual cost Leon H enderson, Shelter Tent. Administrator. 10...... Cloth, cotton, twill and JQt) 48. may be added to the maximum price. tent. (c) Where shipment is by common or 11...... Dyed army and tent duck. CCC-D-771A. [P. R. Doc. 42-9296; Filed, September 18, 1942; Type III. contract carrier, the amount added for 5:20 p. m.] * * * transportation may be no greater than the actual amount paid to the carrier, except as provided in paragraph (d) of § 1400.118 Specific and formula this section: Provided, That where ship prices for certain cotton products: con ment is by both rail and truck (either P art 1400—T extile F abrics: Cotton, struction reports. * * * owned or controlled by the seller or a W ool, Silk, Synthetics and Admix (d) * * * common or contract carrier), the follow tures ing shall govern: [Amendment 11 to Maximum Price Regula * Copies may be obtained from the Office of tion 118 M Price Administration. (1) Where shipment is by rail followed 2 7 F.R. 1270, 1836, 2132, 2738, 2795, 3060, by truck delivery, the amount added for cotton products 3164, 3447, 3900, 6640. transportation may include, in addition *7 F.R. 1375, 1836, 2107, 2000, 2132, 2299, to the amount added for rail transporta A statement of the considerations in 2739, 3163, 3327, 3447, 3962, 4176, 4732. tion, the actual cost of truck delivery, volved in the issuance of this amendment * 7 F.R, 3153, 3360, 3666, 3990, 3991, 4339, 4487, 4695, 4738, 5027, 5276, 5192, 5365, 5445, provided such cost is shown separately on 1FR. 3038, 3211, 3522, 3578, 3824, 3905, 4405, 5565, 5484, 5775, 5784, 5783, 6058, 6081, 6007. the invoice. 5224, 5405, 5567, 5836, 6005, 6484. 6216, 6615, 6794, 6939, 7093. No. 186----- 5 7452 FEDERAL REGISTER, Tuesday, September 22, 1942 (18) Miscellaneous special products. P art 1391—B ic y c l e s and B ic y c l e E q u ipm en t Reference Description Producer Maximum No. Price [Amendment 1 to Maximum Price Regulation 158 RESALE OF WAR BICYCLES— DISTRIBUTORS s/1394 El Patio cover 64 x 54—6 napkins 14 x 14.. Bates Mfg. Co. $2.18% per AND DEALERS 18b___ s/1396 Cherry cover set (Jacquard) cover Bates Mfg. Co. $1?83 per 64 x 54: 6 napkins 17 x 17. set. A statement of considerations involved ISa-lSd Baling fabrics made from yarns spun wholly or Any mill which during 1941 was pri partially of waste on the cotton system with marily engaged in the production of in the issuance of this amendment has the specifications below: tapestries, carpets, or plushes. been prepared and issued simultaneously 19a___ Thread count 12 x 12 with 8/3 ply yam in the Any mill which during 1941 was pri 48.7 cents herewith. warp and 1.60 yarn in the filling. marily engaged in the production of per tapestries, carpets, or plushes. pound.1 Sections 1391.61 and 1391.62 are hereby 19b___ Thread count 12" x 11 with 1.75 yam in the Any mill which during 1941 was pri 48.7 cents amended to read as follows, and a new warp and 8/3 ply yam in the filling. marily engaged in the production of per tapestries, carpets, or plushes. pound.1 § 1391.68 is added, as set forth below: 19c___ Thread count 12 x 12 with 2.66 yam in the warp Any mill which during 1941 was pri 48 cents per and 1.60 yam in the filling. marily engaged in the production of pound.1 § 1391.61 Licensing; applicability of tapestries, carpets, or plushes. the registration and licensing provisions 19d___ Thread count 12 x 11 with 1.76 yam in the warp Any mill which during 1941 was pri 48 cents per and 2.66 yam in the filling. marily engaged in the production of pound.1 of the General Maximum Price Regula tapestries, carpets, or plushes. tion.2 The registration and licensing provisions of §§ 1499.15 and 1499.16 of . ! This price is the maximum price for goods produced by mills falling within the class described in the column the General Maximum Price Regulation headed Producer \ The maximum price for any other producer shall be determined in accordance with 51400.101 (b). are applicable to every person subject to this Maximum Price Regulation No. 158 same producer, or in the alternative, by selling at wholesale or retail any War (23) Wide print cloths. * * * any competitive seller. bicycle covered by this Maximum Price (ii) The maximum prices for print (2) The maximum prices established Regulation No. 158. When used in this cloth 42 inches and more in width shall by subparagraph (1) of this paragraph section the terms “selling at wholesale” be: shall apply, in lieu of those established in and “selling at retail” have the defini * * * * * § 1400.101 (b) and (d), to all contracts tions given to them by §§ 1499.20 (p) and (29) Huck and crash towels and cord of sale and to deliveries made on or after 1499.20 (o) respectively of the General ed napkins. * * * September 24, 1942, except deliveries Maximum Price Regulation. ( y ) * * * against contracts entered into on or § 1391.62 Applicability of the Gen (i) Huck towels manufactured in ac after May 4, 1942, at a specified price eral Maximum Price Regulation2 The cordance with Federal specifications agreed upon, in reliance on or in conform provisions of this Maximum Price Regu DDD-T-531 (without woven name or col ity with an applicable maximum price lation No. 158 supersede the provisions ored stripe, or unstamped) 1.73 dollars established by § 1400.101 (b) and (d). of the General Maximum Price Regula per dozien, terms, net f. o. b. shipping (3) If the maximum price for any cot tion, except as provided in § 1391.61 point: Provided, That the maximum ton product is determined in accordance hereof, with respect to sales and deliv price which may be charged by George with subparagraph (1) of this paragraph, eries for which maximum prices are Wood, Sons & Co., sole selling agent for the seller, upon making his first sale or established by this regulation. May’s Landing Water Power Co., May’s delivery based upon such price, shall file § 1391.68 Effective dates of amend Landing, New Jersey, for huck towels with the Textile, Leather & Apparel ments. manufactured in accordance with said Branch, Office of Price Administration, specifications shall be 1.8767 dollars per Washington, D. C., a report containing: (a) Amendment No. 1 (§§ 1391.61, dozen, terms, net f. o. b. shipping point. (i) An exact description of such cotton 1391.62, and 1391.68) shall become effec product. tive September 23, 1942. § 1400.118 * * * (ii) A statement of the maximum price (Pub. Law 421, 77th Cong.) (e) Prices “in line with” specific and as determined by him. formula maximum prices: reports of “in Issued this 18th day of September (hi) A full identification of the cotton 1942. tine” prices. (1) For any cotton product product used as a base from which to de which (i) is not specifically covered by a termine the price. L eon H enderson, specific or formula maximum price set (iv) A statement of the exact basis Administrator. forth in paragraph (d) of this section but used in determining the price including (ii) is of the same general type as a fabric [F. R. Doc. 42-9283; Filed, September 18,1942; complete information as to the relative 5:16 p. m.] group5 (i. e., similar in construction, costs of the two products and the cost method of manufacture and use as a basis used in determining differentials. cotton product) enumerated in said para graph (d), the maximum price shall be a § 1400.117 Effective dates of amend ments. * * * price in line with8 the maximum price P art 1425—L u m ber D istribution established in said paragraph (d) for the (k) Amendment No. 11 (§§ 1400.101 most nearly related type, construction, (f), 1400.106 (d) (1), (d) (2) reference [Correction to Maximum Price Regulation and grade of cotton product made by the numbers 9, 10, 11, 1400.118 (a) (7), 215 s] (d) (2) (viii), (d) (5), (d) (14) (iv) (b), DISTRIBUTION YARD SALES OF SOFTWOOD “For instance, a new or related construc (d) (18) reference numbers 18g, 18h, 19a tion of gingham shall be priced in line with through 19d, (d) (23) (ii) first para In § 1425.14 (a) (3) (iii) the words the specific maximum price of the most “$0.60 per hundred pieces for lath” are nearly comparable construction of gingham graph, ,(d) (26) (iii), (d) (27) (viii), for which there is a specific maximum price. (d) (29) (iii), (d) (29) (v) (i) to Maxi corrected to read “$0.60 per thousand The same holds true for corduroy, cottonades, mum Price Regulation No. 118 shall be pieces for lath.” whip cords, frock cloth, dtc. A cotton prod come effective September 24, 1942. § 1425.13a Effective dates of amend uct which does not fall within one of the (Pub. Law 421, 77th Cong.) ments. (a) Correction (§§ 1425.14 (a) fabric groups enumerated in paragraph (d) (3) (iii) and 1425.13a) to Maximum of § 1400.118 shall be priced wider the formula Issued this 18th day of September 1942. provided in § 1400.101 (b) and (d). It may 17 F.R. 4295. L eon H enderson, not be related to a construction in a differ 3 7 F.R. 3153, 3330, 3666, 3990, 3991, 4339, ent fabric group. Thus a pin check cannot Administrator. % 4487, 4569, 4738, 5027, 5276, 5192, 5365, 5445, be related to a cottonade. 5565, 5484, 5775, 5784, 5783, 6058, 6081, 6007, * See footnote 5 to § 1400.101 for definition [F. R. Doc. 42-9290; Filed, September 18, 1942; 6216, 6615, 6794, 6939, 7093. of "in line with”. 5:15 p. m.] 8 7 F.R. 7094. K FEDERAL REGISTER, Tuesday, September 22, 1942 7453 Price Regulation No. 215 shall become the thermosetting plastic molding ma P art 1499—Commodities and S ervices effective September 10, 1942. terial to be sold under the trade name of [Amendment 24 to Supplementary Regula Cole-mor-ite, f. o. b. Morrisville, Penn (Pub. Law 421, 77th Cong.) tion 141—General Maximum Price Regula sylvania, at no higher than the following tion 2] Issued this 18th day of September 1942. prices: 2-L-Black RAW FURS, SKINS AND PELTRIES Leon H enderson, Administrator. Quantity Cents per pound A statement of the considerations in 5,000 pounds or more____ ...... 35 volved in the issuance of this amendment [F. R. Doc. 42-9291; Filed, September 18,1942; 500 to 4,999 pounds___ _ .40 5:15 p. m.] has been issued simultaneously herewith Less than 500 pounds______.42 and filed with the Division of the Federal 3-B-Black and Brown Register.* A new subparagraph (23) "is Cents per pound added to paragraph (a) of § 1499.73 as Part 1499—Commodities and S ervices Quantity 5,000 pounds or more____ ------. 2 2 y2 set forth below: [Order 67 Under § 1499.3 (b) of the General 500 to 4,999 pounds___ _...... 25i/2 § 1499.73 Modification of maximum Maximum Price Regulation] 200 to 499 pounds______...... 27y2 prices established by § 1499.2 of the Gen ESS-TEE KNITTING MILLS, INC. Less than 200 pounds_____ ...... 30 eral Maximum Price Regulation for The Ess-Tee Knitting Mills, Inc. of (b) Permission to sell Cole-mor-ite certain commodities, services and trans Lowell, Massachusetts, made application plastics at the prices specified in para actions. (a) The maximum prices under § 1499.3 (b) of the General Maxi graph (a) shall terminate six months established by § 1499.2 of the General after the effective date of this order. Maximum Price Regulation for the com mum Price Regulation for approval of modities, services and transactions listed proposed maximum prices for men’s (c) Standard discounts in effect during sweaters. Due consideration has been March 1942, on sales by the Vulcanized below are modified as hereinafter given to the application, and an opinion Rubber Company, shall apply to the max provided: in support of this order has been issqgd imum prices set forth in paragraph (a). * * * * * simultaneously herewith and has been (d) This Order No. 72 may be revoked (23) Raw furs, skins and peltries. filed with the Division of the Federal or amended by the Price Administrator (i) The maximum price for any seller of Register. For the reasons set forth in at any time. raw furs, skins or peltries, the sale or de the opinion under the authority vested (e) This Order No. 72 (§ 1499.286) sha! livery of which is subject to the provisions in the Price Administrator by the Emer become effective September 19,1942. of the General Maximum Price Regula gency Price Control Act of 1942 and in (Pub. Law 421, 77th Cong.) tion, shall be: accordance with Procedural Regulation (a) A price in line with the highest Issued this 18th day of Septembe: price charged by such seller during No. 1, issued by the Office of Price Admin 1942. istration, It is ordered: March 1942 for the same or the nearest Leon H enderson, related type of raw furs, skins, or peltries, § 1499.28T^Xpproval of maximum % Administrator. making adjustments for differences in prices for sale by Ess-Tee Knitting Mills, size, quality, condition, grade, fineness, Inc. of men’s sweaters, (a) On and [F. R. Doc. 42-9289, FUed, September 18, 1942; color and texture and suitability for use after September 19, 1942, the maximum 5:18 p. m.] with a lot when offered for sale as a part price, f. o. b. mill, at which Ess-Tee of a lot; or Knitting Mills, Inc. may sell men's sweat (b) If the maximum price cannot be ers, the body of which is made of core P art 1499—Commodities and Services so determined, the seller’s maximum yarn fabric consisting of 22% wool, 22% [Order 47 Under § 1499.18 (b) of the General price shall be a price in line with the rayon and 56% cotton and the sleeves Maximum Price Regulation—Docket Num highest price charged during March 1942 and pocket tips of which are made of an ber GF1-770—P] by such seller’s most closely competitive all-cotton fabric, shall be $16.21 per seller of the same class for the same or dozen. Customary discounts are to be BURKS SPRING DISTILLERY CO. INC. the nearest related type of raw furs, maintained. For the reasons set forth in an opinion skins or peltries, making adjustments for (b) This Order No. 67 may be revoked issued simultaneously herewith, it is differences in size, quality, condition, or amended by the Price Administrator ordered: grade, fineness, color and texture and at any time. § 1499.347 Adjustment of maximum suitability for use with a lot when offered (c) This Order No. 67 (§ 1409.281) prices for current bulk Bourbon whiskeys for sale as a part of such lot; or shall become effective September 19,1942. manufactured by Burks Spring Distillery (c) If the maximum price cannot be (Pub. Law 421, 77th Cong.) Company, Inc., (a) Burks Spring Distil so determined, the seller’s maximum lery Company, Inc., of Loretta, Kentucky, price shall be a price in line with the gen Issued this 18th day of September 1942. may sell and deliver and any person may eral level of prices prevailing among sell Leon H enderson, buy and receive from Burks Spring Dis ers of the same class during the year Administrator. tillery Company, Inc., current bulk Bour ended March 31, 1942, for the same or bon whiskeys at prices not higher than similar raw furs, skins or peltries, mak [F. R. Doc. 42-9286; Filed, September 18,1942; ing adjustments for differences in size, 5:17 p. m.] 65 cents per proof gallon. (b) This Order No. 47 may be revoked quality, condition, grade, fineness, color or amended by the Price Administrator and texture and suitability for use with at any time. a lot when offered for sale as a part of P art 1499—Commodities and S ervices (c) , This Order No. 47 (§ 1499.347) issuch lot. [Order 72 Under § 1499.3 (b) of the General hereby incorporated as a section of Sup (ii) (a) When used in this subpara Maximum Price Regulation] plementary Regulation No. 14, which graph (23), the term, “raw furs, skins contains modifications of maximum and peltries,” means undressed or un VULCANIZED RUBBER COMPANY prices established by § 1499.2. tanned furs and skins or hides, whether For the reasons set forth in the Opinion (d) This Order No. 47 (§ 1499.347) imported or domestic, the sale or delivery filed simultaneously herewith, it is shall become effective September 19,1942. of which is subject to the General Maxi-* mum Price Regulation. ordered: (Pub. Law 421, 77th Cong.) § 1499.28C Maximum prices for sales 17 F.R. 5486, 5709, 5911, 6008, 6271, 6369, Issued this 18th day of September 1942. 6477, 6473, 6774, 6775, 6793, 6887, 6892, 6776, of Cole-mor-ite plastics, (a) The Vul 6939, 7011, 7012, 6965, 7203. canized Rubber Company of 261 Kith Leon H enderson, Administrator. 3 7 F.R. 3153, 3330, 3666, 3990, 3991, 4339, Avenue, New York City, may sell and de 4487, 4659, 4738, 5027, 5276, 5192, 5365, 5445, liver, and any buyer may buy and receive [F. R. Doc. 42-9288; Filed, September 18,1942; 5565, 5484, 5775, 5784, 5783, 6058, 6081, 6007, from the Vulcanized Rubber Company, 5:21 p. m.] 6216, 6615, 6794, 6939, 7093. 7454 FEDERAL REGISTER, Tuesday, September 22, 1942 (b) Unless the context otherwise re September 8, 1942 in compliance with P art 1499—Commodities and S ervices quires, the definitions set forth in the this Maximum Price Regulation No. 163. [Amendment 27 to General Maximum Price General Maximum Price Regulation ***** Regulation] shall apply to other terms used in this § 1410.111 Reports, (a) Within 10 subparagraph (23). days after a manufacturer has deter applications for adjustment (b) Effective dates. * * * mined his maximum price for a compa A statement of the considerations in (25) Amendment No. 24 (§ 1499.73 (a) rable, new or similar fabric, pursuant to volved in the issuance of this Amend (23)) to Supplementary Regulation No. paragraphs (c), id) or (i) of § 1410.102, ment, issued simultaneously herewith, 14 shall become effective September 24, he shall file with the Office of Price has been filed with the Division of the 1942. Administration, Washington, D. C.: Federal Register.* (Pub. Law 421, 77th Cong.) ( 1 ) With respect to comparable fabrics, In § 1499.18 a new paragraph (d) is a report on Form No. 1163.1 furnished added immediately follbwing the text of Issued this 18th day of September, by the Office of Price Administration. paragraph (c) as set forth below: 1942. (2) With respect to new fabrics, a re L eon H enderson, port on Form No. 1163.2 furnished by § 1499.18 Applications for adjust Administrator. ment. * * * the Office of Price Administration. (d) The Office of Price Administra [F. R. Doc. 42-9287; Piled, September 18,1942; (3) With respect to similar fabrics, a tion, or any duly authorized officer 5:17 p. m.J report on Form No. 1163.3 furnished by thereof, will by order increase the maxi the Office of Price Administration. * # * i* * mum price of anyt commodity established under this General Maximum Price P art 1384—H ardwood Lumber P roducts § 1410.117 Effective dates of amend- Regulation for any seller at retail to the WlCTltS * * * [Amendment 1 to Maximum Price Regulation minimum price in effect for such com 176] (g) Amendment No. 5 (§§ 1410.102 (f) modity during March 1942 pursuant to (3) and 1410.111 (a) ) to Maximum Price a contract entered into in accordance ROTARY CUT SOUTHERN HARDWOOD BOX Regulation No. 163 shall become effective with a Fair Trade Act of any state in LUMBER September 25, 1942. any case in which such seller shows: Correction (Pub. Law 421, 77th Cong.) (1) That his maximum price is less than such minimum price; In. § 1384.13 Appendix B: Grading Issued this 19th day of September 1942. (2) That the commodity was gener rules for rotary cut Southern hardwood Leon H enderson, ally sold at retail during March 1942 at box lumber appearing on page 7243 of Administrator. such minimum price within the locality in which his selling establishment is the issue for September 15, 1942, para [F. R. Doc.,42-9331; Filed, September 19,1942; graph (e) (1) should read as follows: 12:34 p. m.] located; and (e) (1) Only those cutdowns and cut (3) That he has been permanently en backs that actually accumulate in work joined by a court from selling the com ing out defects in the logs and rounding modity at less than such minimum price. Applications for adjustment under this the logs used in filling a particular order P art 1418—T erritories and P ossessions may be shipped against that order. Such paragraph (d) shall be filed in accord cutdowns and cutbacks shall have the [Amendment 3 to Maximum Price Regulation ance with Procedural Regulation No. 2. same maximum price as prime size stock * 183i] # This section shall apply to all maxi mum price regulations which have in in the same length and thickness as the PUERTO RICO cutdowns and cutbacks. corporated § 1499.18 in their provisions. A statement of the considerations in ***** volved in the issuance of this amend ment has been issued simultaneously § 1499.23a Effective dates of amend P art 1410—W ool herewith and has been filed with the ments. * * * (bb) Amendment No. 27 (§ 1499.18 [Amendment 5 to Maximum Price Regula Division of the Federal Register.* tion 163'] Subparagraph (4) is added to para (d)) to General Maximum Price Regu graph (a) of § 1418.14, and paragraph lation shall become effective September WOOLEN AND WORSTED CIVILIAN APPAREL (c) is added to § 1418.13a. 25, 1942. FABRICS § 1418.14 Tables of maximum prices. (Pub. Law 421, 77th Cong.) A statement of the considerations in (a) Table I: Maximum prices for Issued this 19th day of September 1942. rice. * * * volved in the issuance of this amendment Leon H enderson, • has been issued simultaneously herewith (4) In determining maximum prices Administrator. and has been filed with the Division of for commodities under this Maximum the Federal Register.* Price Regulation No; 183, sellers at [F. R. Doc. 42-9332; Filed, September 19,1942; Subparagraph (3) of paragraph (f) of wholesale and retail shall adjust frac 12:34 p. m.] § 1410.102 and paragraph (a) of § 1410.- tions of one half a cent or more to the 111 are amended to read as follows: next higher cent, and fractions of less than half a cent to the next lower cent. § 1410.102 Maximum prices for woolen * * * * * TITLE 38—PENSIONS, BONUSES, AND and ivorsted apparel fabrics sold by thè VETERANS’ RELIEF manufacturer. * * * § 1418.13a Effective dates of amend (f) Customary discounts, trade prac ments. * * * Chapter I—Veterans’ Administration tices and transportation costs. * * * (b) Persons entitled to pension under service prior to April 21, 1898, shall contingency upon which death pension the provisions of the General Pension commence: is allowed or the date of receipt of appli Law (section 4702 and 4707 R.S. as (a) Widows. The day following the cation therefor, whichever is the later amended), for death resulting from serv date of the veteran’s death if claim is date: Provided, That if application is ice prior to April 21,1898, shall be entitled filed within one year from the date of filed on or after July 30,1942, and within to receive pension on and after July 1, death, otherwise from the date of filing one year from the date of the veteran’s 1938, at the monthly rates specified in of a formal application, except that if death, the effective date of an award of § 5.2622 (d), and on and after August 1, payment is barred under the provisions death pension shall be July 30, 1942, or 1942, at the monthly rates specified in of 4706, Revised Statutes, then payment the day following the date of death, § 5.2622 (e): Provided, That this regula should begin the day following the date whichever is the later, otherwise from tion shall not be so construed as to re that the youngest child by the widow and the date of filing application. The in duce any pension under any act, public the veteran shall have attained the age creased rates authorized solely under or private, nor shall it be so construed as of sixteen years. Public No. 690, 77th Congress (Act of to enlarge or abridge conditions of en (b) Remarried widows. The date of July 30,1942), shall not be awarded from titlement. (September 21, 1942). (Pub filing formal application (R.S. 4708, as a date earlier than August 1,1942. lic No. 690, 77th Congress) amended by the Act of March 3, 1901 (ii) For the purposes of Public No. 182, (31 Stat. 1445), and the Act of February 77th Congress (Act of July 18, 1941), § 5.2532 Death of veteran due to granting pension to the dependents of peace-time service: Public No. 2, 73d 28, 1903 (32 Stat. 920)). (c) Children. (1) The day following officers and enlisted men of the United Congress as Amended and accessory States Coast Guard for peace-time serv acts, (a) For the purposes of Public No. the date of the veteran’s death, if claim is filed within one year from the date of ice on or after January 28, 1915, and 2 (Act of March 20, 1933), the surviving death, otherwise from the date of filing prior to July 2, 1930, no award of death widow, child or children and/or depend of a formal application, provided there be pension shall be effective prior to the ent mother or father of any deceased no widow, or if the widow has died with receipt on or after July 18, 1941, of an person who died as a result of injury or out any payment of pension having been application for such benefits. On or disease incurred in or aggravated by ac made to her. after July 30,1942, the proviso contained tive military or naval service subsequent (2) Date of remarriage of a pensioned in subparagraph (1) (i) of this para to April 20, 1898, other than in a period widow, except when the widow has con graph, is for application. of war service, as provided for in § 35.012, tinued to receive pension after her re (iii) For the purposes of any Act as paragraph 1, as amended by Public No. marriage and the child or children have amended by Public No. 193, 77th Con 159,75th Congress (Act of June 23,1937), resided with and been supported by her, gress (Act of July 30, 1941), no award of shall be entitled to receive pension at the their pension shall commence from the death pension to a dependent mother or appropriate peace-time rates specified in date of last payment to the widow. father who has remarried shall com § 5.2622. (R.S. 4702, as amended) mence prior to the receipt on or after (b) For the purposes of Public No. 159, (3) The day following the date of the July 30, 1941, of an application for such 75th Congress (Act of June 23, 1937), as veteran’s death, if claim is filed within benefits. On or after July 30, 1942, the amended by Public No. 732,75th Congress one year from the date of death, other proviso contained in subparagraph (1) (Act of June 25, 1938), the surviving wise from the date of filing of a formal (i) of this paragraph, is for application. widow, child or children and dependent application, or from date of last payment (2) (i) To dependents of reserve of mother or father of any deceased person to a pensioned widow if payment to the ficers and members of the enlisted re who dies or has died as a result of physi widow is barred under the provisions of serves of the Army of the United States cal injury (sickness or disease shall not section 4706, Revised Statutes. who served prior to June 15, 1933, and be regarded as an injury) incurred in line (4) The date of commencement of of the Navy and Marine Corps who of duty while performing active naval open and notorious adulterous cohabita served prior to July 1,1925, whose deaths service, subsequent to June 15,1933, shall tion by a widow who has forfeited title resulted from injury or disease incurred be entitled to receive pension at the ap under the Act of August 7,1882 (22 Stat. in or aggravated while in such active propriate peace-time rates specified in 345), except that the date shall be from service, in line of duty: The date of fil § 5.2622. (September 21, 1942) (Public the date of last payment to the widow if ing application or, when pertinent, the No. 690, 77th Congress) payment of pension has been made to her date following the date of last payment .No change in (c). since the commencement of such cohab of United States Employees Compensa (d) For the purposes of Public No. 497, itation. tion, whichever is the later, where such 71st Congress (Act of July 2, 1930), and (d) Dependent mothers and fathers. benefits have been awarded and the Public No. 182,77th Congress (Act of July The day following the date of the veter claimant has elected to receive pension. 18, 1941), the surviving widow, child or an’s death, if claim is filed within one (Dependents of Naval or Marine Corps children, or dependent mother or father year from the date of death, otherwise reservists are not entitled to pension for of any deceased officer or enlisted man from the date of filing of a formal ap death due to causes incurred between of the United States Coast Guard, who plication. (September 21, 1942.) (Pub July 1,1925 and June 15, 1933.) Where died as a result of injury or disease in lic No. 690, 77th Congress) application is filed on or after July 30, curred in or aggravated by active service No change in (e) and (f) 1942, and no payment of United States in line of duty, on or after January 28, Employees Compensation has been made 1915 (except service during the World § 5.2574 No change in (a). and the claimant has elected to receive War), shall be entitled to receive pension (b) § 35.012 as amended by Publics pension, then the proviso contained in at the appropriate peace-time rates spe No. 159 and 732,75th Congress, and Pub subparagraph (1) (i) of this paragraph cified in § 5.2622. For the purposes of lics No. 182, 193, 359, and 690, 77th Con is for application. Public No. 359, 77th Congress (Act of De gress. Original awards of death pension cember 19, 1941), if death resulted from under § 35.012, as amended by Publics (ii) To dependents of reservists (re an injury or disease received in active No. 159 and 732, 75th Congress, and Pub serve officers and members of the enlisted service under the conditions indicated in lics No. 182, 193, 359, and 690, 77th Con reserves of the Army of the United States, § 5.2533, the dependents shall be entitled gress, shall commence as follows: and of the United States Navy and to the war-time rates specified in § 5.2622 (1) (i) To dependents of persons (ex Marine Corps) whose deaths resulted (b) or § 5.2624. (September 21, 1942) cept as otherwise provided in this para from injury or disease incurred in or (Public No. 690, 77th Congress) graph) whose deaths resulted from in aggravated while in active service in line jury or disease incurred in or aggravated of duty on or after June 15,1933, includ Commencement of Original Awards of ing service for training purposes: The Death Pension or Compensation while in service, the effective date of an award of death pension shall be fixed in date of filing application or the date § 5.2568 General Law. O r ig in a l accordance with the facts found except following the date of last payment of awards of death pension under the Gen that no award of death pension shall be United States Employees Compensation, eral Law (sections 4702 and 4707, Re effective prior to the date of the veter whichever is the later, where such bene vised Statutes, as amended), as to an’s death, date of the happening of the fits have been awarded and the claimant 7456 FEDERAL REGISTER, Tuesday, September 22, 1942 has elected to receive pension, but not HI, Public No. 141, 73d Congress, sec than those outlined in § 5.2622 (d), and prior to June 23, 1937. Where applica tion 3, Public No. 304, 75th Congress, sec on,and after August 1, 1942, the rates tion is filed on or after July 30,1942, and tion 5, Public No. Ì98, 76th Congress, shall be those outlined in § 5.2622 (e>. no payment of United States Employees Public Nos. 242, 359, and 690, 77th Con (September 21, 1942.) (Public No. 690, Compensation has been made and the gress, shall be fixed in accordance with 77th Congress) claimant has elected to receive pension, the facts found, except that: No change in (d), (e), (f), (g) and (h) then the proviso contained in subpara (a) No award of increased pension or § 5.2622 Rates under Public No. 2, 73d graph (1) (i) of this paragraph is for compensation may be effective prior to Congress (Act of March 20, 1933), and application. the date of receipt of the evidence show section 28, Title III, Public No. 141, 73d (iii) For the purposes of Public No. ing entitlement thereto; except that a Congress (Act of March 28, 1934), and 159, 75th Congress, as amended by Pub widow who attains an age at which an Public No. 690, 77th Congress (Act of lic No. 732, 75th Congress, pension pay increased rate is provided under §§35.011 July 30, 1942). The following rates are able to dependents of reservists of the and 35.012 or under section 3 of Public payable under the regulations promul Naval reserve or Marine Corps reserve No. 304, 75th Congress, or under section gated pursuant to authority of Public No. (Army reserves not included), whose 5 of Public No. 198, 76th Congress, or 2, 73d Congress (Act of March 20, 1933), deaths resulted from injury (sickness under section 1 of Public No. 690, 77th for the death resulting from active mil or disease not regarded as an injury) Congress, shall be entitled to receive such itary or naval service subsequent to April received in line of duty on or after June increase effective on the date of attain 20,1898; in World War cases prior to the 15, 1933, while performing active duty ment of the age at which an increase is dates when awards under Public No. 304, with or without pay, training duty with authorized, if evidence establishing the 75th Congress (Act of August 16, 1937), or without pay, drills, equivalent instruc date of birth is on file on the date of became effective; and in cases compre tion or duty, appropriate duty, or other attainment of such age or is received hended by Public No. 690, 77th Congress prescribed duty, or while performing au within one year from the date of the (Act of July 30, 1942). (September 21, thorized travel to or from such duties, prescribed anniversary of the date of 1942.) (Public No. 690, 77th Congress) shall commence on the date of filing birth, provided that in original claims No change in (a), (b), (c) and (d) application or the date following the where the claimant has shown that she (e) Rates on and after August 1, 1942, date of last payment of United States was past the age at which the minimum for peace-time service. Employees Compensation, whichever is rate is payable at the date of filing her Per month the later, where such benefits have been claim, the increased rate provided on Widow under 50 years of age______$30.00 awarded and the claimant has elected to account of age may be authorized as of Widow 50 years of age or over______85.00 receive pension, but not prior to July the beginning date of the award or as of Widow with one child, $8 additional 1, 1938. Where application is filed on or the date she attained the required age for such child up to 10 years of age, after July 30, 1942, and no payment of whichever is the- later, provided satis increased to $11 from age 10 (with United States Employees Compensation factory proof of the fact and date of $6 for each additional child up to 10 birth is received within one year from years of age, increased to $10 from has been made and claimant has elected age 10.) to jreceive pension, then the proviso con the date of request therefor; provided No widow but one child------15.00 tained in subparagraph (1) (i) of this further that in no event will the increase No widow hut two children (equally paragraph is for application. (Septem be awarded from a date prior to the date divided)______— _ 25.00 ber 21, 1942.) (Public No. 690, 77th authorized in the law or regulation in No widow but three children (equally Congress) voked; provided further that any in divided) ______35.00 crease authorized for periods prior to (with $6 for each additional child; No change in (c) and (d). September 1, 1941, under section 3 of total amount to be equally divided) Effective Dates of I ncrease of Death Public No. 304, 75th Congress, or section Dependent mother or father—------30.00 P ension or Compensation 5, Public No. 198, 76th Congress, must be (or both) each______— 20.00 § 5.2581 General law. (a) Where a made subject to the conditions of para As to the widow, child or children person was on the rolls July 1, 1938, graph (c) of this section; Provided fur the total pension payable under this under the provisions of the General Pen ther, That any increase authorized for paragraph shall not exceed $62.00. As sion Law, for death resulting from serv periods beginning on or after September to the widow, and child or children not ice prior to April 21, 1898, pension at 1, 1941, under Public No. 242, 77th Con in her care and custody, any amount pay the rate provided in § 5.2622 (d) (Pub gress, must be made subject to the con able under this section may be appor lic No. 758, 75th Congress, Act of June ditions of paragraph (f) of this section. tioned as prescribed in §§ 5.2591 and 28, 1938), shall be authorized effective (September 21, 1942) (Public No. 690, 5.2592. (Public No. 690, 77th Congress, July 1, 1938, in any case where such rate 77th Congress) Act of July 307 1942.) (September 21, exceeds that being paid the beneficiary No change in (b), (c), (d), (e), (f) 1942.) (Public No. 690, 77th Congress) on June 30, 1938, provided entitlement and (g). [seal! F rank T. H ines, thereto is otherwise established. P ates of Death Pension and Compensation Administrator. No change in (b) for Widows, Remarried Widows, Children, and Dependent Parents [F. R. Doc. 42-9351; Filed, September 21,1942; (c) Where a person was on the rolls 11:36 a. m.] August 1, 1942, under the provisions of § 5.2620 General law; veteran’s death the General Pension Law, for death due to service. The following rates of resulting from service prior to April 21, pension are payable under the General Notices 1898, pension at the rate provided in Law, subject to the conditions and limita § 5.2622 (e) (Public No. 690, 77th Con tions set forth in regulations. (R.S. gress, Act of July 30, 1942), shall be au 4695 as amended) ; (Public No. 758, DEPARTMENT OF THE INTERIOR. thorized effective August 1, 1942, in any 75th Congress, Act of June 28, 1938); case where such rate exceeds that being (Public No. 359, 77th Congress, Act of Bituminous Coal Division. paid the beneficiary on July 31,1942, pro December 19, 1941) ; (Public No. 690, [Docket No. B-228] vided entitlement thereto is otherwise 77th Congress, Act of July 30, 1942.) established. (September 21,1942.) (Pub. (September 21, 1942.) (Public No. 690, H. J. D obson lie No. 690, 77th Congress) 77th Congress) ORDER DISMISSING COMPLAINT, CANCELLING § 5.2582 Public No. 2 and sections 28 No change in (a) and (b). HEARING AND TERMINATING MATTER and 31, Title III, Public No. 141, 73d Con (c) For persons entitled under the gress, section 3, Public No. 304, 75th Con provisions of the General Pension Law The Bituminous Coal Producers Board gress, section 5, Public No. 198, 76th for death resulting from service prior to for District 11, complainant herein, by Congress, or Public Nos. 242, 359, and April 21, 1898, the rates (except as to motion filed with the Bituminous Coal 690, 77th Congress. The effective date cases which come within the purview of Division on August 27, 1942, having of an award of increased pension or paragraph (d) of this section), for the moved that its complaint herein filed compensation payable under Public No. period, commencing July 1, 1938, and with the Division on March 9, 1942, 2, 73d Congress, sections 28 and 31, Title ending July 31, 1942, shall not be less against the above-named code member FEDERAL REGISTER, Tuesday, September 22, 1942 7457 be dismissed without prejudice on the partners, doing business under the name tion in room 502 will advise as to the ground that H. J. Dobson is no longer and style of French & Son, code member. room where such hearing will be held. engaged in the business of mining coal; A written complaint dated January 2, It is further ordered, That Edward J. The Acting Director deeming it advisa 1942, having been filed on January 5, Hayes or any other officer or officers of ble to grant said motion; 1942, by the Bituminous Coal Producers the Division duly designated for that Now, therefore, it is ordered, That the Board for District No. 11, complainant, purpose shall preside at the hearing in said complaint herein be, and it hereby pursuant to Sections 4 II (j) and 5 (b) such matter. The officers so designated is, dismissed without prejudice; of the Bituminous Coal Act of 1937 (the to preside at such hearing are hereby It is further ordered, That the hear ‘‘Act”) , alleging wilful violation by Wil authorized to conduct said hearing, to ing herein, heretofore postponed by Or mer French and Lewis French,. indi administer oaths and affirmations, exam der dated April 20, 1942, to a date and vidually and as co-partners, doing busi ine witnesses, take evidence, to continue place to be thereafter designated by ap ness under the name and style of French said hearing from time to time, and to propriate order, be, and the same hereby & Son (“French & Son"), Shoals, Indi prepare and submit proposed findings of is, cancelled; and ana, of the Bituminous Coal Code and the fact and conclusions and the recommen It is further ordered, That the matter rules and regulations thereunder; and dation of an appropriate order in the herein, Docket No. B-228, be, and the French & Son, by Lewis French, having premises, and to perform all other duties same hereby is, terminated. filed with the Bituminous Coal Division in connection therewith authorized by Dated; September 17, 1942. (the “Division”) on September 11, 1942, law. Notice of such hearing is hereby given [seal] D an H. W heeler, its application for restoration of its code Acting Director. membership to become effective as of to all parties herein and to persons or July 8, 1942; and entities having an interest in this pro [P. R. Doc. 42-9348; Filed, September 21,1942; It appearing from said application and ceeding and eligible to become a party 11:18 a. m.] other information in the possession of herein. Any person desiring to be ad the Division, that the said French & Son mitted as a party to this proceeding may has paid to the Collector of Internal file a petition of intervention in accord Revenue at Indianapolis, Indiana, on ance with the rules and regulations of [Docket No. R-230] July 8, 1942, the sum of $160.05, pursu the Bituminous Coal Division for pro R amsay-C ollins F uel Co. ant to Order dated April 4, 1942, as a ceedings instituted pursuant to section condition precedent to the restoration of 4 II (d) of the Act, setting forth the ORDER DISMISSING COMPLAINT, CANCELLING its code membership. facts on the basis of which the relief in HEARING AND TERMINATING MATTER Now, therefore, it is ordered, That said the original petition is supported or op In the matter of Ray A. Collins, in application of Wilmer French and Lewis posed or on the basis of which other dividually and as surviving partner of the French, individually and as co-partners, relief is sought. Such petitions of inter former partnership doing business under dding business under the name and style vention shall be filed with the Bitumi-1* .the name and style of Ramsay-Collins of French & Son, filed, with the Division nous Coal Division on or before October Fuel Company (Ramsay Collins Fuel on September 11, 1942, for restoration of 22, 1942. Company), code member. its code membership, be, and the same All persons are hereby notified that Bituminous Coal Producers Board for hereby is granted. the hearing in the above-entitled matter District itfo. 12, complainant herein, by It is further ordered, That said restora and any orders entered therein, may con motion filed with the Bituminous Coal tion of the code membership of Wilmer cern, in addition to the matters specifi Division on September 5, 1942, having French and Lewis French, individually cally alleged in the petition, other mat moved that its complaint herein, filed and as co-partners, doing business under ters necessarily incidental and related with the Division on March 2, 1942, the name and style of French & Son, be, thereto, which may be raised by amend against the above-named code member, and the same hereby is, effective as of ment to the petition, petitions of inter be dismissed without prejudice on the 12:01 a. m. on July 8, 1942. vention or otherwise, or which may be ground that the partnership against Dated: September 17, 1942. necessary corollaries to the relief, if any, granted on the basis of this petition. which the complaint was filed is no [seal] D an H. W heeler, longer in existence; Acting Director. The matter concerned herewith is in The Acting Director deeming it ad regard to a petition filed with the Divi visable to grant said motion; [F. R. Doc. 42-9346; Piled, September 21, 1942; sion by District Board No. 8 requesting Now, therefore, it is ordered, That the 11:18 a. m.] the following changes in the price classi said complaint herein be, and it hereby fications and minimum prices, for rail is, dismissed without prejudice; and truck shipments, for the coals of It is further ordered, That the hearing [Docket No. A-1628] Block No. 3 Mine (Mine Index No. 560) herein, heretofore postponed by Order of Block Coal and Coke Company, Dia dated May 21, 1942, to a date and placo District Board No. 8 mond No. 3 Mine (Mine Index No. 165) to be thereafter designated by appropri NOTICE OF AND ORDER FOR HEARING of the Diamond Coal Mining Company ate order, be, and the same hereby is can and the No. 2 Mine (Mine Index No. 242) celled; and In the matter of the petition of Dis of High Foint Coal Company, District It is further ordered, That the matter trict Board No. 8 for a change in the No. 8: herein, Docket No. B-230, be, and the price classifications and minimum prices Rail: same hereby is, terminated. for rail and truck shipments for the coals Size Groups 1-4, inclusive, from “J ” to Dated: September 18, 1942. produced by certain mines in the Red Akh “E”; Seam in Southern Appalachian Sub- Size Groups 5 and 6; from “F” to “D”; [seal] Dan H. W heeler, District of District No. 8 for shipment to and Acting Director. all market areas. Size Group 7, from "E” to “C”. Rail-lake: [P. R. Doc. 42-9347; Filed, September 21,1942; A petition, pursuant to the Bituminous Size Groups 1 and 2, from “J ” to “E”; 11:18 a. m.] Coal Act of 1937, having been duly filed Size Groups 3 and 4, from “H” to “E”; and with this Division by the above-named Size Groups 5 and 6, from “F” to “D”. party; Truck: It is ordered, That a hearing in the Size Group 1, from “$2.80” to “$3.00”; [Docket B-178] above-entitled matter under the appli Size Group 2, from “$2.60” to “$2.80”; and cable provisions of said Act and the rules Size Group 4, from “$2.40” to “$2.50”. F rench & Son of the Division be held on October 27, Dated: September 18, 1942. 1942, at 10 o’clock in the forenoon of ORDER GRANTING APPLICATION FOR RESTORA [seal] Dan H. W heeler, TION OF CODE MEMBERSHIP that day, at a hearing room of the Bitu minous Coal Division, 734 Fifteenth Acting Director. In the matter of Wilmer French and Street, N. W., Washington, D. C. On [F. R. Doc. 42-9345; Filed, September 21,1942; Lewis French, individually and as co such day the Chief of the Records Sec ^ 11:19 a. m.] 7458 FEDERAL REGISTER, Tuesday, September 22, 1942 [Docket No. C-13] Office of Indian Affairs. T. 7 N., R. 6 E., th a t part west of Big Horn River. Colorado F uel & Iron Corp. Wind River Reservation, Wyoming LAND USE DISTRICT NO. 39 ORDER DESIGNATING TIME AND PLACE OF HEAR ORDER RESTORING LANDS TO TRIBAL OWNER T. 6 N.. R. 6 E., ING AND REDESIGNATING TRIAL EXAMINER SHIP Sec. 3, Secs. 4, 5 and 8, those parts east of Big In the matter of the application of Whereas pursuant to the provisions Horn River, ' Colorado Fuel & Iron Corporation for of the Act of March 3, 1905 (33 Stat. Sec. 9, N%, NEV4SE1/4, exemption pursuant to section 4-A of the 1016), the Shoshone-Arapaho Tribes of Sec. 10, Bituminous Coal Act of 1937. T. 7 N., R. 6 E._, th at part east of Big Horn Indians in Wyoming ceded to the United River. By an Order dated August 28,1942, the States a large area of their reservation hearing in the above-entitled matter was in the State of Wyoming, established un LAND USE DISTRICT NO. 42 postponed until a date to be designated der the Treaty of July 3, 1868 (15 Stat. T. 5 N., R. 6 E„ by further order, the hearing room then 673), and Sec. 4, lots 13 and 14, designated to be at Denver, Colorado. Whereas there is now remaining undis Sec. 5, lots 5, 6 and SW ^SEft, Now, therefore, it is ordered, That the posed of within the ceded or “opened” Sec. 8, lots 4 to 9, incl., and Wy&Ey,, hearing in the above-entitled matter be portion of the Wind River Reservation, Secs. 9 and 16, those parts west of Big held on October 26, 1942, at 10 o’clock Horn River, an area of approximately 1,108,700 acres Sec. 17, lots 5 to 10, incl., and Wy2Ey2, in the forenoon of that date at a hearing of such ceded lands, most of which is Sec. 20, lots 3 to 8, incl., and W ^N E^, room of the Bituminous Coal Division at urgently required as grazing land for the HW14SE14, the Circuit Court Room, Post Office use of the Shoshone-Arapaho Tribes of Sec. 21, lots 2 and 5, Building, Denver, Colorado. Indians in order properly to support and Sec. 28, lots 2, 8 and 4, It is further ordered, That Examiner develop their greatly expanded cattle Sec. 29, lots 1, 2 and 3. Charles O. Fowler shall preside at the industry, and LAND USE DISTRICT NO. 44 said hearing in the stead of Examiner Whereas the Acting Superintendent of Travis Williams. T. 5 N., R. 6 E., the Wind River Reservation and the Sec. 3, , V . Dated: September 18, 1942. Commissioner of Indian Affairs have Sec. 4, lots 7 to 12, incl., lots 15 and 16, [seal] Dan H. Wheeler, recommended restoration to tribal own SEi/4, Acting Director. ership of all the undisposed of ceded Secs. 8 and 9, those parts east of Big Horn lands within the following described land River, [P. R. Doc. 42-9344; Filed, September 21,1942; use districts, of which no part of the land Sec. 16, lots 8, 9, 14, 15, 16, 18, and NE?4, 11:19 a. m.] NEy4Nwy4, sE%swy4, Ny2SEy4, n &s !& is under lease or permit to non-Indians: SE&, swy4swy4SE%, se^ se^ se^, Wind River Meridian Sec. 17, that part east of Big Horn River, Sec. 21, lots 12 to 16, incl., Ey,NE^4NEy4, LAND USE DISTRICT NO. 13 SWi4NE$4NE%, NWy4NWy4SEy4, SEy4 General Land Office. T. 5 N., R. 5 E., NWJ4NEJ4, EVaSW^NE^, SE^NE^, [Public Land Order 39] Secs. 1 to 4, inc., and Ey2SEi/4, Secs. 7 to 36, inc.; Secs. 22, 27 and 34; Arizona T. ff N„ R. 5 E., T. 6 N., R. 6 E., Sec. 33, S1/^, Sec. 21, th at part east of Big Horn River, WITHDRAWING PUBLIC LAND FOR USE OF THE Sec. 34, S%, Secs. 22 and 27, WAR DEPARTMENT AS A PRACTICE BOMBING Sec. 35, S%; Secs. 28 and 33, those parts east of Big Horn River, RANGE Sec. 36, S%; T. 5 N., R. 6 E.. Sec. 34. By virtue of the authority vested in the Sec. 5, W President and pursuant to Executive Or Secs. 6 aniK7, Now, therefore, by virtue of the author der No. 9146 of April 24,1942, and to sec Sec. tr W /i, ity vested in the Secretary of the Interior tion 1 of the act of June 28, 1934, as Sec. 17, W%; by Section 5 of the Act of July 27, 1939 Secs. 18 and 19, (53 Stat. 1128-1130), I hereby find that amended, c. 865, 48 Stat. 1269 (U.S.C., Sec. 20, Wy2. restoration to tribal ownership of the title 43, sec. 315), it is ordered as follows: Sec. 29, Vy2, lands within the area described above, Subject to valid existing rights, the fol Secs. 30 and 31, which are classified as undisposed-of lowing-described public land is hereby Sec. 32, wy2, SW14 SE14 , lot 7, and those ceded land of the Wind River Reserva withdrawn from all forms of appropria parts of lots 4, 6 and 10 in W^Ey^; tion under the public-land laws, including T. 6 N., R. 6 E., tion, Wyoming, will be in the tribal in the mining laws, and reserved for the use Sec. 31, Sy2, terest, and they are hereby restored to Sec. 32, SW14 . tribal ownership for the use and benefit of the War Department as a practice of the Shoshone-Arapaho Tribes of Indi bombing range: LAND USE DISTRICT NO. £4 ans of the Wind River Reservation, Wyo GILA AND SALT RIVER MERIDIAN T , 6 N., R. 4 E„ ming, and are added to and made a part T. 8 S., R. 2 E„ sec. 33. Sec. 13, NE14 and Sy2, of the existing Wind River Reservation, Sec. 23, Sy2, subject to any valid existing rights. The area described aggregates 640 Sec. 24; 7 N., R. 4 E„ Abe Fortas, acres. T Acting Secretary of the Interior. The order of the Secretary of the In- „ Sec. 13, lots 2, 3, 4, 5, and S W & S W ^ , "Sec. 14, s y 2, August 28, 1942. terior of July 30, 1941, adding the above- Sec. 15, 6% , described land to Arizona Grazing Sec. 16, a y [F. R. Doc. 42-9339; Filed, September 21, 1042; District No. 3, it is hereby modified to the Secs. 21 to incl.; 10:43 a. m.] extent necessary to permit the use of the t 6 N., R. 5 E., land as herein provided. Sec. I. N»,4, Ny2SE% and SW&SEte, SW%, Sec. l i t » 90i tort., It is intended that the land described DEPARTMENT OF AGRICULTURE. herein shall be returned to the adminis Sec. 12f wy2NEi4, SEy4NEy4, NW& and tration of the Department of the Interior syr Sec£ 13 to 30, incl., Agricultural Marketing Administra when it is no longer needed for the pur Sec. 31, N%, tion. pose for which it is reserved. Sec. 32, Ny2, [Docket AO 113-A 3] %ec. 33, Ni/2, Harold L. I gkes, i Fall R iver, Massachusetts, Marketing Sec. 34, Ny2, Secretary of the Interior. / Sec. 35, N»/2, Area S eptember 10, 1942. / Sec. 36, Ny2; notice of hearing on handling of milk , 7 N., R. 5 E., aU; [F. R. Doc. 42-9338; Filed, September 21,1942^ T . 6 N., R. 6 E., th at part west of Big Horn Proposed amendments to tentatively 10:43 a. m.] / River (partly unsurveyed); approved marketing agreement, as  FEDERAL REGISTER, Tuesday, September 22, 1942 7459 amended, and order, as amended, regu 9. In § 947.2 (c) (Duties), add a new 17. Add a new section as follows: lating the handling of milk in the Pall subparagraph as follows: A gents. The Secretary may, by ‘designa River, Massachusetts, Marketing Area. Prepare and disseminate, for the benefit of tion in writing, name any officer or em Pursuant to the Agricultural Marketing producers, consumers, and handlers, such sta ployee of the United States, or name any Agreement Act of 1937, as amended (7 tistics and information concerning the opera bureau or division of the United States De U. S. C. 1940 ed. 601 et seq.), and in tion of this order (and of the marketing partment of Agriculture, to act as his agent accordance with the applicable rules of agreement] as do not reveal confidential in or representative in connection with any practice and procedure thereunder (7 formation. of the provisions hereof. CFR 900.1-900.17; 6 P. R. 6570, 7 P. R. 10. Add the following words to § 947.3 Copies of this notice of hearing, of 3350), notice is hereby given of a hearing (3) (2): the aforesaid tentatively approved mar to be held in the Watuppa Grange Hall, And provided further, That if for any deliv keting agreement, as amended, and of Westport, Massachusetts, beginning at ery period the quantity of shrinkage cannot the order, as amended, may be pro 10:00 a. m., E. W. T., October 1, 1942, be ascertained from the records of the han cured from the Hearing Clerk, Office of with respect to proposed amendments dler, the percentage of shrinkage shall be the Solicitor, United States Department to the tentatively approved marketing considered to be 1 percent of the volume of Agriculture, in Room 1019 South agreement, as amended, and the order, handled or such higher percentage as may Building, Washington, D. C., or may be as amended, regulating the handling of be indicated from the nature of the han there inspected. dlers’ operations. milk in the Pall River, Massachusetts, [seal] Thomas J. Flavin, marketing area. These amendments (This change is to clarify the present Assistant to the Secretary have not received the approval of the intent of the order and of the tentatively of Agriculture.1 Secretary of Agriculture. approved marketing agreement.) This public hearing is for the purpose 11. Add an additional paragraph to S eptember 18, 1942. of receiving evidence with respect to the § 947.3 as follows: [F. R. Doc. 42-9314; Filed, September 19,1942; economic or marketing conditions which Responsibility of handlers in establishing 10:59 a. m.] relate to the amendments, or any modi the classification of milk. In establishing the fication thereof, which are hereinafter classification of any milk received by a han set forth. Such evidence may also in dler from producers, the burden rests upon Chicago, I llinois, Marketing Area clude economic or marketing data rela the handler who receives milk from pro tive to the provisions of the said tenta ducers to account for the milk and to prove NOTICE REGARDING HANDLING OF MILK tively approved marketing agreement and to the market administrator that such milk should not be classified as Class I milk. Notice of report and opportunity to file order which will be affected by approval written exceptions with respect to a pro of the proposed amendments or any mod 12. Amend § 947.3 (c) (2) to read: posed amendment to the marketing ification t h e r e o f . The amendments Milk or skim milk disposed of by a handler agreement, as amended, and to the mar which have been proposed are as follows: to any plant not subject to provisions hereof keting order, as amended, regulating the a. Proposed by H. P. Hood and Sons, shall be classified as Class I milk not to exceed handling of milk in the Chicago, Illinois, the total quantity of Class I milk or skim Marketing Area, prepared by the Ad Inc.: milk at such plant. 1. Amend § 947.3 (a) (2) (i) by deleting ministrator of Agricultural Marketing the words “buttermilk and cultured skim 13. Amend § 947.5 (c)’to read: Administration. milk.” (This will change these products Verification of reports. For the purpose Pursuant to § 900.12 (a) of the General of ascertaining the correctness of any re Regulations of the Agricultural Market from Class I to Class H.) ing Administration, United States De 2. Amend § 947.3 (a) (2) (ii) to classify port made to the market administrator as required by this order or for the purpose of partment of Agriculture, governing pro as Class H actual plant shrinkage not to obtaining the information required in any ceedings to formulate marketing orders exceed 2 percent of all milk classified such report where it has been requested and and marketing agreements, notice is according to § 947.3. (This will change has not been furnished, each handler shall hereby given of the filing with the hear shrinkage associated with the handling permit the market administrator or his agent, ing clerk of this report of the Adminis of Class I milk from Class I to Class II.) during the usual hours of business, to (a) examine such books, papers, records, copies trator of the Agricultural Marketing Ad b. Proposed by Fall River Milk Pro ministration, with respect to a proposed ducers’ Association: of income tax reports, accounts, correspond ence, contracts, documents, and memoranda amendment to the marketing agreement, 3. Amend § 947.4 (a) by changing the as the market administrator deems relevant as amended, and to the marketing order, price (Class I) from $3.88 to $4.30. and which are within the control (1) of any as amended, regulating the handling of 4. Add new provisions to give repre such handler from whom such report was milk in the Chicago, Illinois, marketing sentative of the Secretary of Agriculture requested, (2) of any person having, either area. Interested parties may file ex power to bring about necessary changes directly or indirectly, actual or legal control ceptions to the report with the Hearing in the farm-to-market hauling of milk of or over such handler, or (3) of any sub sidiary of any such handler; and (b) weigh, Clerk, Room 1019, Department of Agri which are made necessary by the short sample, and test milk for butterfat. culture, Washington, D. C., not later age of critical materials and to set the than the close of business on the 10th price for such services. (This change is to amplify the authority day after publication of this notice in the c. Proposed by the New England Milk allowable under the act for the market F ederal R egister. Exceptions should be Producers’ Association : administrator to have access to han filed in quadruplicate. 5. Amend § 947.4 (a) to provide an in dlers’ books and records in order to verify crease in the Class I price. their reports.) Preliminary Statement 6. Amend § 947.4 (b) to reflect the 14. In § 947.7 (b) (4) delete the words The proceeding was initiated by the higher value now present in’ skim milk “but one.” (This reduces the size of the Agricultural Marketing Administration and eliminate New York cream in com cash balance retained in the producer- upon receipt of petitions dated July 31, puting the weighted average price per settlement fund.) 1942, received from the Pure Milk Asso 40-quart can of 40 percent bottling qual 15. In § 947.9 (c), change “13th day” ciation and from the Chicago Milk Pro ity cream at Boston. to “15th day”, in § 947.9 (d) change ducers Council, for a public hearing on 7. Amend § 947.4 (d) to provide the “15th day" to “16th day”, and in § 947.11 certain changes in the marketing agree prevailing price clause to sales in outside (a) change “13th day” to “15th day.” ment and marketing order program markets. (This will give handlers 2 days longer to which they proposed. Following this d. Proposed by Dairy and Poultry pay their equalization and administra request, and after consideration of the Branch, Agricultural Marketing Admin tion assessments.) proposals, notice of the hearing was istration, U. S. D. A.: 16. In § 947.10 (a) and (b), preface the issued on August 7,1942, and the hearing 8. Revise, in § 947.1 (a) (2), the mean present language with the words: was convened on August 14, 1942. The ing of the term “Secretary” to include On or before the 15th day after the end of time for filing briefs was set at the close any person who may be authorized to each delivery period. 1 Acting pursuant to authority delegated by exercise the power and perform the du (This will provide a deadline for paying Secretary of Agriculture under Act of April 4, ties of the Secretary. market service deductions,). 1940 (54 Stat. 81$ 7 F.R. 2656). No. 186------6 7460 FEDERAL REGISTER, Tuesday, September 22, 1942 of the hearing, to expire at midnight, 2. Delete § 941.4 (b) (3) and substitute (4) To the combined butter and cheese August 24, 1942. therefor the following: value add 30 percent thereof; and The major issues developed at the (3) Multiply the sum computed in sub- (3) Class m milk shall be all milk the paragraph (4) of this paragraph by 3.5. hearing were concerned with (1) the butterfat from which is used to produce a basic formula price to be used in deter milk product other than one of those speci 6. Delete from § 941.5 (e) (2) the mining class prices, (2) the Class III fied in Class n and Class IV, and all bulk phrase “on a basis of bids.” price, and (3) the butterfat differential milk and bulk cream disposed of to bakeries, 7. Delete § 941.8 (c) and substitute to be used in computing individual pro soup companies, and candy manufacturing therefor the following: ducer payments. establishments. (c) Butterfat differential to producers. With respect to these issues it is con 3. Delete from the proviso in § 941.5 For each one-tenth of 1 percent above or be cluded from the record that: (a) (2) the phrase “the price shall be low 3.5 percent in average butterfat content 1. The Class in price formula should $2.20 per hundredweight,” and substitute Of milk delivered by any producer during any be revised in order that the Class In therefor the phrase “the price per hun delivery period, the uniform price paid to price will not be lower than the Class dredweight shall be that computed pur such producer shall be plus or minus, as the IV price. suant to this subparagraph less 46 cents case may be, an amount computed as fol 2. The basic formula price to be used lows: to the average price per pound of 92- or the Class IV price plus 12 cents, which score butter at wholesale in the Chicago mar in determining Class I and Class II prices ever is higher.” ket, as reported by .the United States De should be revised. 4. Delete § 941.5 (a) (4) and substitute partment of Agriculture for the delivery pe 3. The butterfat differential used in therefore the following: riod during which the milk was received, add computing individual producer payments 20 percent and divide the result obtained bv should be revised. (4) Class III milk—The price per hundred 10. The proposed amendment to the order, weight for milk containing 3.5 percent but terfat during each delivery period shall be 8. Add as § 941.13 the following: as amended, which follows, is recom the average computed by the market admin § 941.13 Agents. The Secretary may, by mended as the detailed means by which istrator of prices as reported by the United these conclusions may be' effectuated. designation in writing, name any officer or States Department of Agriculture paid during employee of the United States, or name any The proposed amendment to the market such delivery period to farmers at each of bureau or division of the United States De ing agreement, as amended, is not in the manufacturing plants or places listed In partment of Agriculture, to act as his agent cluded in this report because the provi this subparagraph for which prices are re òr representative in connection with any of sions thereof will be the same as the pro ported, but in no event Bhall such price be the provisions hereof. visions of the amendment set forth below. less than the price computed pursuant to subparagraph (5) of this paragraph. This report filed at Washington, D. C., PROPOSED AMENDMENT TO ORDER, AS AMENDED the 19th day of September 1942. Location o r Manufacturing Plants and It is found upon the evidence intro Places [seal] R oy P. H endrickson, Administrator. duced at the public hearing held in Chi Mt. Pleasant, Mich. cago, Illinois, on August 14 and 15, 1942: Sparta, Mich. [F. R. Doc. 42-9317; Filed, September 19,1942; Hudson, Mich. 11:35 a. m.] Findings Wayland, Mich. 1. That prices calculated to give milk Coopersville, Mich. produced for sale in the marketing area Greenville, Wis. Black Creek, Wis. Office of the Secretary. a purchasing power equivalent to the pur Orfordville, Wis. chasing power of such milk as determined Chilton, Wis. Administrator, Agricultural M arketing pursuant to sections 2 and 8e (50 Stat. Berlin, Wis. Administration 246; 7 US.C. 1940 ed. 602, 608c) are not Richland Center, Wis. reasonable in view of the available sup Oconomowoc, Wis. ORDER DELEGATING CERTAIN AUTHORITY plies of feeds, the price of feeds, and Jefferson, Wis. By virtue of the authority vested in the other economic conditions which affect New Glarus, Wis. Secretary of Agriculture by the Federal Belleville, Wis. the supply of and demand for such milk New London, Wis. Seed Act (7 U. S. C. 1940 ed. 1551 et seq., and that the minimum prices set forth Manitowoc, Wis. 1591), the Tobacco Inspection Act (7 in this order arê such prices as will reflect West Bend, Wis. U. S. C. 1940 ed. 511 et seq., 511p), and the aforesaid factors, insure a sufficient the United States Warehouse Act (7 U. S. quantity of pure and wholesome milk, and 5. Delete § 941.5 (b) and substitute C. 1940 ed. 241 et seq.), the Administra be in the public interest; and that the therefor the following: tor, Agricultural Marketing Administra fixing of such prices does not have for (b) Basic formula ‘price to be used in de tion, and such employees of the Admin its purpose the maintenance of prices termining Class I and Class II prices. The istration as he may designate, are hereby to producers above the levels which are basic formula price to be used in determin authorized, subject to the exceptions declared in the act to be the policy of ing the prices per hundredweight of Class I hereinafter provided, to execute any and and Class n milk, set forth in this section, Congress to establish; shall be the price for Class III milk deter all duties devolving upon the Secretary 2. That the order, as amended by this mined pursuant to paragraph (a) (4) of this of Agriculture by virtue of such acts: amendment, regulates the handling of section, the price for Class IV milk deter Provided, however, That this delegation milk in the same manner as, and is ap mined pursuant to paragraph (a) (5) of this shall not be construed to confer upon plicable only to handlers defined in, a section, or th at derived from the following the Administrator authority (1) to pro marketing agreement upon which a hear formula, whichever is the highest: mulgate new rules and regulations, or ing has been held; and (1) Multiply the average wholesale price to change existing rules and regulations, per pound of 92-score butter at Chicago for which are designed to have the force 3. That the issuance of this- amend the delivery period as reported by the United ment, and all of its terms and condi States Department of Agriculture, by six (6); of law, to be binding upon the public, tions, tends to effectuate the declared (2) Add 2.4 times the average weekly pre and to be recognized and enforced by policy of the act.^ vailing price per pound of “Twins” during the courts, or (2) to perform regulatory the delivery period on the Wisconsin Cheese functions, as defined in the Act of April Provisions Exchange at Plymouth, Wisconsin: Provided, 4, 1940 (5 U. S. C. 1940 ed. 516a et seq ), 1. Delete § 941.1 (a) (11) and substitute That if the price of “Twins” is not quoted on under the Federal Seed Act that may be therefore the following: the Wisconsin Cheese Exchange the weekly performed by an officer appointed pur prevailing price of “Cheddars” shall be suant to such Act of April 4, 1940. (11) The term “Secretary” means the Sec deemed to be the prevailing price for “Twins” retary of Agriculture of the United States or and shall" be used in determining the price The authority hereby delegated shall any officer or employee of the United States pursuant to this formula; be in addition to, and not in lieu of, Department of Agriculture who is, or who (3) Divide by seven (7), the sum so deter any authority heretofore delegated to may hereafter be, authorized to exercise the mined being hereafter referred to"*in this the Administrator, Agricultural Market powers and to perform the duties of the Sec paragraph as the “combined butter and ing Administration, and predecessor offi retary of Agriculture of the United States. cheese value”; cials of the Department under the Fed- FEDERAL REGISTER, Tuesday, September 22, 1942 7461 eral Seed Act, the Tobacco Inspection (a) 40 cents to be paid for: the production Cleveland, Ohio, Main Post Office, West 3d of chocolate and cocoa products. and Prospect Avenue. Act, and the United States Warehouse (b) 40 .cents to be paid for: the produc Cincinnati, Ohio, 1312 Traction Building, Act. • tion of candied, crystallized or glace fruits 5th and Walnut Streets. Done at Washington, D. C., this I8th and fruit peels. Detroit, Michigan, David Scott Building, day of September 1942. Witness my (c) 40 cents to Be paid for: the production 1150 Griswold Street. hand and the seal of the Department of any other products of the Candy and Re Chicago, Illinois, 1200 Merchandise Mart, of Agriculture. lated Products Manufacturing Industry. 222 W. North Bank Drive. Minneapolis, Minnesota, 406 Pence Build [seal] G rover B. H ill, II. The definition of the Candy and ing, 730 Hennepin Avenue. Acting Secretary of Agriculture. Related Products Manufacturing Indus Kansas City, Missouri, 504 Title and Trust Building, 10th and Walnut Streets. [F. R. Doc. 42-9313; Filed, September 19,1942; try as set forth in Administrative Order No. 150, issued August 14, 1942, £s as St. Louis, Missouri, 100 Old Federal Build 10:59 a. m.] ing. follows: Denver, Colorado, 300 Chamber of Com The production of candies and related prod merce Building, 1726 Champa Street. ucts, including, but without limitation, Dallas, Texas, Rio Grande ^National Build stuffed fruits; candied, crystallized or glace ing, 1100 Main Street. DEPARTMENT OF LABOR. fruits and fruit peels; candied popcorn; San Francisco, California, Room 500, salted, sugared or roasted nuts; chocolate Humboldt Bank Building, 785 Market Street. Wages and Hours Division. and cocoa products; marshmallow creme; Los Angeles, California, 417 H. W. Heilman Building. Candy and R elated P roducts Manufac and chewing gum: Provided, That the shell ing and cleaning of nuts are excluded except Seattle, Washington, 305 Post Office Build turing I ndustry where the operations are performed in plants ing, 3d Avenue and Union Street. NOTICE OF HEARING also engaged in the further processing of San Juan, Puerto Rico, Post Office Box 112. nuts. Washington, District of Columbia, Depart Notice of hearing on the minimum The definition of the candy and related ment of Labor, 1st Floor. wage recommendation of Industry Com products manufacturing industry covers all New York, New York, 165 West 46th Street. mittee No. 47 for the Candy and Related occupations in the industry which are neces Copies of the committee’s report and Products Manufacturing Industry, to be sary to the production of the articles speci fied in the definition including clerical, recommendation may be obtained by any held October 14, 1942. maintenance, shipping, and selling occupa person upon request addressed to the Ad Whereas the Administrator of the tions: Provided, however, That such clerical, ministrator of the Wage and Hour Divi Wage and Hour Division of the” United maintenance, shipping, and selling occupa sion, United States Department of Labor, States Department of Labor, acting pur tions, when carried on in a wholesaling or 165 West 46th Street, New York, New suant to section 5 (b) of the Fair Labor selling department physically segregated York. Standards Act of 1938 on August 14,1942, from other departments of a manufacturing IV. A public hearing will be held on by Administrative Order No. 150, ap establishment, the greater part of the sales of which wholesaling or selling department October 14, 1942, before Major Robert pointed Industry Committee No. 47 for are sales of articles which have been pur N. Campbell, Presiding Officer, at 10:00 the Candy and Related Products Manu chased for resale, shall not be deemed to be a. m. in Room 3229, United States De facturing Industry, composed of an covered by this definition, and Provided fur partment of Labor Building, 14th Street equal number of representatives of the ther, That where an employee covered by and Constitution Avenue NW., Washing public, employers in the industry and this definition is employed during the same ton, D. C. for the purpose of taking evi employees in the industry, such repre workweek at two or more different minimum dence on the following question: sentatives having been appointed with rates of pay, he shall be paid the highest of such rates for such workweek unless rec Whether the recommendation of Industry due regard to the geographical regions in ords concerning his employment are kept Committee No. 47 should be approved or which the industry is carried on; and by his employer in accordance with appli disapproved. Whereas Industry Committee No. 47, cable regulations of the Wage and Hour on September 15, 1942, recommended a Division. V. Any interested person supporting minimum wage raté for the Candy and or opposing the recommendation of In IH. The full text of the report and dustry Committee No. 47 may appear at Related Products Manufacturing Indus recommendation of Industry Committee try and duly adopted a report containing the aforesaid hearing to offer evidence, such recommendations and reasons No. 47 is and will be available for inspec either on his behalf or on behalf of any therefor and filed such report with the tion by any person between the hours of other person: Provided, That not later Administrator on September 16, 1942, 9:00 a. m. and 4:30 p. m. at the follow than October 8, 1942 such person shall ing offices of the United States Depart file with the Administrator at New York, pursuant to section 8 (d) of the Act and ment of Labor, Wage and Hour Division: § 511.19 of the regulations issued under New York, a notice of his intent to ap the Act; and Boston, Massachusetts, Old South Building, pear which shall contain the following Whereas the Administrator is required 294 Washington Street. information: by section 8 (d) of the Act, after due New York, New York, 341 Ninth Avenue. (1) The name and address of the person Newark, New Jersey, Essex Building, 31 appearing.. notice to interested persons and giving Clinton Street. them an opportunity to be heard, to ap (2) If such person is appearing in. a rep Philadelphia, Pennsylvania, 1216 Wldener resentative capacity, the name and address prove and carry into effect by order the Building, Chestnut and Juniper Streets. of the person or persons whom he is repre recommendation of Industry Committee Pittsburgh, Pennsylvania, 219 Old Post senting. No. 47 if he finds that the recommenda Offce Building, Fourth and Smlthfield Streets. (3) Whether such person proposes to ap tion is made in accordance with law and Richmond, Virginia, 215 Richmond Trust pear for or against the recommendation of is supported by the evidence adduced at Building, 627 East Main Street. Industry Committee No. 47. Baltimore, Maryland, 201 North Calvert (4) The approximate length of time re the hearing and taking into consideration Street. the same factors as are required to be Raleigh, North Carolina, North Carolina De quested for his presentation. considered by the industry committee, partment of Labor, Salisbury and Edenton Such notice may be mailed to the Adminis will carry out the purposes of section 8 Streets. trator, Wage and Hour Division, United of the Act; and, if he finds otherwise, to Columbia, South Carolina, Federal Land States Department of Labor, 165 West 46th disapprove such recommendation; Bank Building, Hampton and Marion Streets. Street, New York, New York, and shall be Now, therefore, notice is hereby given Atlanta, Georgia, Fifth Floor, W itt Build deemed filed upon receipt thereof. that: ing, 249 Peachtree Street NE. Jacksonville, Florida, 456 New Post Office VI. Any person interested in support I. The recommendation of Industry BuUding. ing or opposing the recommendation of Committee No. 47 is as follows: Birmingham, Alabama, 1908 Comer Build Industry Committee No. 47 may secure Every employer shall pay not less than the ing, 2d Avenue and 21st Street. further information concerning the following rate per hour to each of his em ^New Orleans, Louisiana, 916 Union Build aforesaid hearing by inquiry directed to ployees who shall be engaged in commerce or ing. the Administrator, Wage and Hour Divi in the production of goods for commerce in Jackson, Mississippi, 402 Deposit Guar sion, United States Department of Labor, the Candy and Related Products Manufactur anty Bank Building, 102 Lamar Street. ing Industry as defined by Administrative Nashville, Tennessee, 509 Medical Arts 165 West 46th Street, New York, New Order No. 150, dated August 14, 1942: Building, 115 Seventh Avenue N. York, or by consulting with attorneys 7462 FEDERAL REGISTER, Tuesday, September 22, 1942 representing the Administrator who will apply in writing for the issuance by the Ad products industry to be held October 21 be available for that purpose at the ministrator of. the subpoena. Such applica 1942. Office of the Solicitor, United States De tion shall be timely and shall identify ex actly the witness or document and state fully Whereas the Administrator of the partment of Labor, in Washington, D. C.t- thè nature of the evidence proposed to be Wage and Hour Division of the United and New York, New York. secured. States Department of Labor, acting pur VII. Copies of the following document (9) Witnesses summoned by the Admin suant to section 5 (b) of the Pair Labor relating to the Candy and Related Prod istrator shall be paid the same fees and mile Standards Act of 1938 on August 15,1942, ucts Manufacturing Industry will be age as are paid witnesses in the courts of the by Administrative Order No. 152, ap made available on request for inspection United States. Witness fees and mileage shall pointed Industry Committee No. 48 for by any interested person who intends to be paid by the party at whose instance wit nesses appear, and the Administrator before the Converted Paper Products Industry, appear at the aforesaid hearing: issuing subpoena may require a deposit of an composed of an equal number of repre Report entitled, Economic Factors Bearing amount adequate to cover the fees and mile sentatives of the public, employers in on the Minium Wages in the Candy and Re age involved. the industry and employees in the indus lated Products Manufacturing Industry, pre (10) The rules of evidence prevailing in the try, such representatives having been ap pared. by the Economics Branch, Wage and courts of law or equity shall not be con pointed with due regard to the geo Hour Division, United States Department of trolling. graphical regions in which the industry Labor, August 1942. (11) The Presiding Officer may ,at his dis cretion, permit any person appearing in the is carried on; and vni. The hearing will be conducted in proceeding to cross-examine any witness Whereas Industry Committee No. 48, accordance with the following rules, sub offered by another person insofar as is prac on September 9, 1942, recommended a ject, however, to such subsequent modifi ticable, and to object to the admission or minimum wage rate for the Converted cations by the Administrator or the Pre exclusion of evidence by the Presiding Officer. Paper Products Industry and duly siding Officer as are deemed appropriate: Requests for permission to cross-examinè a adopted a report containing such recom witness offered by another person and objec (1) The hearings shall be stenographically tions to the admission or exclusion of evi mendations and reasons therefor and reported and a transcript made which will dence shall be stated briefly with the reasons filed such report with the Administrator be available to any person at prescribed rates for such request nr the ground of objection on September 10, 1942, pursuant to sec upon request addressed to the Administrator, relied on. Such requests or objections shall tion 8 (d) of the Act and § 511.19 of Wage and Horn- Division, United States De become a part of the record, but this record the regulations issued under the Act; partment of Labor, 165 West 46th Street, shall not include argument thereon except as and New York, New York. ordered by the Presiding Officer. Objections Whereas the Administrator is required (2) In order to maintain orderly and ex to the approval of the Committee’s recom by section 8 (d) of the Act, after due peditious procedure, each person filing a No mendation and to the promulgation of a wage tice to Appear shall be notified, if practicable, order based upon such approval must be made notice to interested persons and giving of the approximate day and the place at at the hearing before the Presiding Officer. them an opportunity to be heard, to ap which he may offer evidence at the hearing. (12) Before the close of the hearing, the prove and carry into effect by order the If such person does not appear at the time Presiding Officer shall receive written requests recommendation of Industry Committee set in the notice, he will not be permitted to from persons appearing in the proceeding for No. 48 if he finds the recommendation is offer evidence at any other time except by permission to make oral arguments before the made in accordance with law and is sup special permission of the Presiding Officer. Administrator upon the matter in issue. (3) At the discretion of the Presiding Of These requests will be forwarded to the Ad ported by the evidence adduced at the ficer, the hearing may be continued from day ministrator by the Presiding Officer with the hearing and taking into consideration to day, or adjourned to a later date, or to a record of the proceedings. If the Adminis the same factors as are required to be different place, by announcement thereof at trator, in his discretion, allows the request, considered by the industry committee, the hearing by the Presiding Officer, of by he shall give such_ notice thereof as he deems will carry out the purposes of section 8 other appropriate notice. suitable to all persons appearing in the pro of the Act; and, if he finds otherwise, to (4) At any stage of the hearing, the Presid ceedings, and shall designate the time and disapprove such recommendation; ing Officer may call for further evidence upon place at which the oral arguments shall be any matter. After the Presiding Officer has heard. If such requests are allowed, all per Now, therefore, notice is hereby given closed the hearing before him, no further sons appearing at the hearing will be given that: evidence shall be taken, except at the request opportunity to present oral argument. I. The recommendation of Industry of the Administrator, unless provision has (13) Briefs (12 copies) may be submitted Committee No. 48 is as follows: been made at the hearing for the later re to the Administrator following the close of ceipt of such evidence. In the event that the hearing, by any persons appearing Wages at a rate of not less than 40 cents an the Administrator shall cause the hearing to therein. Notice of the final dates for filing hour shall be paid under section 6 of the be reopened for the purpose of receiving fur such briefs shall be given by the Adminis Fair Labor Standards Act of 1938 by every ther evidence, due and reasonable notice of trator in such manner as shall be deemed employer to each of his employees in the the time and place fixed for such taking of suitable by him. Converted Paper Products Industry (as de testimony shall be given to all persons who (14) On the' close of the hearing, the Pre fined in Administrative Order No. 152) who have filed a notice of intention to appear at siding Officer shall forthwith file a complete is engaged in commerce or in the production the hearing. record of the proceedings with the Admin of goods for commerce. (5) All evidence must be presented under istrator. The Presiding Officer shall not file n . The definition of the Converted oath or affirmation. an intermediate report unless so directed Paper Products Industry as set forth in (6) Written documents or exhibits, except by thè Administrator. If a report is filed, as otherwise permitted by the Presiding Offi it shall be advisory only and have no binding Administrative Order No. 152, issued cer, must be offered in evidence by a person effect upon the Administrator. August 15, 1942, is as follows: who is prepared to testify as to the authen (15) No order issued as a result of the The manufacture of all products which ticity and trustworthiness thereof and who hearing will take effect until after due notice have as a basic component pulp, paper or shall, at the time of offering the documentary is given of the issuance thereof by publi board (as those terms are used in Adminis exhibit, make a brief statement as to the cation in the F e d e r a l R e g i s t e r . trative Order No. 41 defining the Pulp and contents and manner of preparation thereof. Primary Paper Industry) and the manufac (7) Written documents and exhibits shall Signed at New York, New York, this ture of all like products in which synthetic be tendered in duplicate and the persons pre 19th day of September 1942. materials, such as cellophane, pliofilm or paring the same shall be prepared to supply synthetic resin, used in sheet form, is a basic additional copies if such are ordered by the L. M etcalfe W alling, Administrator. - component. Presiding Officer. When evidence is embraced Provided, however, That the manufacture in a document containing matter not in [F. R. Doc. 42-9336; Filed, September 21,1942; of the following shall not be included: tended to be put in evidence, such a docu 10:29 a. m.] (a) Any product the manufacture of which ment will not be received, but the person is covered by a wage order of the Adminis offering the same may present to the Presiding trator relating to the Textile, Apparel, Hat, Officer the original document together with Millinery, Shoe, Pulp and Primary Paper, two copies of those portions of the document Carpet and Rug, Portable Lamp and Shade, Intended to be put in evidence. Converted P aper P roducts I ndustry (8) Subpoenas requiring the attendance of or Luggage, Leather Goods, and Women’s witnesses or the presentation of a document NOTICE OF HEARING Handbag Industry. from any place in the United States at any (b) Any product, such as rayon, cello designated place of hearing may be issued Notice of hearing on the minimum phane, etc., made from such pulp by a proc ess which Involves the destruction of the by the Adm inistrator at his discretion, and wage recommendations of Industry Com** any person appearing in the proceeding may mittee No. 48 for the converted paper original fibrous structures of such pulp. FEDERAL REGISTER, Tuesday, September 22, 1942 7463 (c) Roofing paper, insulation board and Los Angeles, Califoria, 417 H. W. Heilman Report entitled, Hourly Earnings in the products therefrom for use as building ma Building. Converted Paper Products Industry, 1940, pre terials, or shingles. Seattle, Washington, 305 Post Office Build pared by the Division of Wage and Hour (d) Newspapers, magazines, books, blue ing, 3rd Avenue and Union Street. Statistics, Bureau of Labor Statistics, United prints, photographs and other products in San Juan, Puerto Rico, Post Office Box 112. States Department of Labor, September 25, which graphic art is the exclusive medium Washington, District of Columbia, Depart 1940. through which the products function: Pro ment of Labor, 1st Floor. VIII. The hearing will be conducted in vided, however, That the production of New York, New York, 165 West 46th Street. printed forms, stationery, blank books, and accordance with the following rules, sub tablets, other than the printing thereof in Copies of the committee’s report and ject, however, to such subsequent modi a job printing establishment, and the pro recommendation may be obtained by any fications by the Administrator or the duction of other products in the use of person upon request addressed to the Presiding Officer as are deemed appro which graphic art is applied by the ultimate Administrator of the Wage and Hour priate: consumer of the products, shalkbe included Division, United States Department of 1. The hearings shall be stenographically within the converted paper products indus Labor, 165 West 46th Street, New York, reported and a transcript made which will try as herein defined. New York. be available to any person at prescribed The definition of the converted paper prod IV. A public hearing will be held on rates upon request addressed to the Admin ucts industry covers all occupations in the October 21,1942, before Major Robert N. istrator, Wage and Hour Division, United industry which are necessary to the produc Campbell, Presiding Officer, at 10:00 States Department of Labor, 165 West 46th tion of the products specified in the defini Street, New York, New York. tion, including clerical, maintenance, ship a. m. in Room 1610,165 West 46th Street, 2. In order to maintain orderly and expedi ping and selling occupations: Provided, how New York, New York, for the purpose of tious procedure, each person filing a Notice ever, That where an employee covered by taking evidence on the following ques to Appear shall be notified, if practicable, of this definition is employed during the same tion: the approximate day and the place at which workweek at two or more different minimum Whether the recommendation of Industry he ,may offer evidence at the hearing. If rates of pay, he shall be paid the highest of Committee No. 48 should be approved or such person does not appear at the time set such rates for such workweek unless records disapproved. in the notice, he will not be permitted to concerning his employment are kept by his offer evidence at any other time except by employer in accordance with applicable reg V. Any interested person supporting or special permission of the Presiding Officer. ulations of the Wage and Hour Division. opposing the recommendation of Indus 3. At the discretion of the Presiding Offi cer, the hearing may be continued from day m . The full text of the report and try Committee No. 48 may appear at the to day, or adjourned to a later date, or to a recommendation of Industry Committee aforesaid hearing to offer evidence, either different place, by announcement thereof at No. 48 is and will be available for inspec on his behalf or on behalf of any other the hearing by the Presiding Officer, or by tion by any person between the hours of person: Provided, That not later than other appropriate notice. October 16, 1942 such person shall file 4. At any stage of the hearing, the Pre 9:00 a. m. and 4:30 p. m. at the follow siding Officer may call for further evidence ing offices of the United States Depart with the Administrator at New York, New York, a notice of his intent to appear upon any matter. After the Presiding Officer ment of Labor, Wage and Hour Division: has closed the hearing before him, no fur which shall contain the following infor ther evidence shall be taken, except at the Boston, Massachusetts, Old South Build mation: ing, 294 Washington Street. request of the Administrator, unless pro New York, New York, 341 Ninth Avenue. 1. The name and address of the person ap vision has been made at the hearing for the Newark, New Jersey, Essex Building, 31 pearing. later receipt of such evidence. In the event Clinton Street. 2. If such person is appearing in a repre that the Administrator shall cause the hear Philadelphia, Pennsylvania, 1216 Widener sentative capacity, the name and address of ing to be reopened for the purpose of re Building, Chestnut and Juniper Streets. the person or persons whom he is representing. ceiving further evidence, due and reasonable Pittsburgh, Pennsylvania, 219 Old Post 3. Whether such person proposes to appear notice of the time and place fixed for such Office Building, Fourth and Smithfleld for or against the recommendation of Indus taking of testimony shall be given to all per Streets. try Committee No. 48. sons who have filed a notice of intention to Richmond, Virginia, 216 Richmond Trust 4. The approximate length of time re appear at the hearing. \ Building, 627 East Main Street. quested for his presentation. 5. All evidence must be presented under Baltimore, Maryland, 201 North Calvert Such notice may be mailed to the Adminis oath or affirmation. Street. trator, Wage and Hour Division, United States 6. Written documents or exhibits, except Raleigh, North Carolina, North Carolina Department of Labor, 165 West 46th Street, as otherwise permitted by the Presiding Department of Labor, Salisbury and Edenton New York, New York, and shall be deemed Officer, must be offered in evidence by a per Streets. filed upon receipt thereof. son who is prepared to testify as to the au Columbia, South Carolina, Federal Land thenticity and trustworthiness thereof, and Bank Building, Hampton and Marlon Streets. VI. Any person interested in support who shall, at the time of offering thè docu Atlanta, Georgia, Fifth Floor, W itt Build ing or opposing the recommendation of mentary exhibit, make a brief statement as ing, 249 Peachtree Street, NE. Industry Committee No. 48 may secure to the contents and manner of preparation Jacksonville, Florida, 456 New Post Office further information concerning the afore thereof. Building. 7. Written documents and exhibits shall Birmingham, Alabama, 1908 Comer Build said hearing by inquiry directed to the be tendered in duplicate and the persons ing, 2nd Avenue and 21st Street. Administrator, Wage and Hour Division, preparing the same shall be prepared to sup New Orleans, Louisiana, 916 Union Build United States Department of Labor, 165 ply additional copies if such are ordered by ing. \ West 46th Street, New York, New York, the Presiding Officer. When evidence is em Jackson, Mississippi, 402 Deposit Guaranty or by consulting with attorneys represent braced in a document containing matter not Bank Eiilding, 102 Lamar Street. ing the Administrator who will be avail Intended to be put in evidence, such a docu Nashville, Tennessee, 509 Medical Arts able for that purpose at the Office of the ment will not be received, but the person Building, 115 Seventh Avenue, N. Solicitor, United States Department of offering the same may present to the Pre Cleveland, Ohio, Main Post Office, West 3rd siding Officer the original document together and Prospect Avenue. Labor, in Washington, D. C., and New with two copies of those portions of the Cincinnati, Ohio, 1312 Traction Building, York, New York. document intended to be put in evidence. 5th and Walnut Streets. VII. Copies of the following documents 8. Subpoenas requiring the attendance of Detroit, Michigan, David Scott Building, relating to the Cpnverted Paper Products witnesses or the presentation of a document 1150 Griswold Street. Industry will be made available on re from any place in the United States at any Chicago, Illinois, 1200 Merchandise Mart, quest for inspection by any interested designated place of hearing may be Issued 222 W. North Bank Drive. person who intends to appear at the by the Administrator at his discretion, and Minneapolis, Minnesota, 406 Pence Build any person appearing in the proceeding may ing, 73C Hennepin Avenue. aforesaid hearing: apply in writing for the issuance by the Kansas City, Missouri, 504 Title and Trust Report entitled, Report on the Converted Administrator of the subpoena. Such appli Building, 10th and Walnut Streets. Paper Products Industry, prepared by the Re cation shall be timely and shall identify ex St. Louis, Missouri, 100 Old Federal Build search and Statistics Branch, Wage and Hour actly the witness or document and state fully ing. Division, United States Department of Labor, the nature of the evidence proposed to be Denver, Colorado, 300 Chamber of Com September, 1940. secured. merce Building, 1726 Champa Street. Report entitled, Economic Factors Bearing 9. Witnesses summoned by the Admin Dallas, Texas, Rio Grande National Build on Minimum Wages in the Converted Paper istrator shall be paid the same fees and ing, 1100 Main Street. Products Industry, prepared by the Economics mileage as are paid witnesses in the courts of San Francisco, California, Room 500, Hum Branch, Wage and Hour Division, United the United States. Witness fees and mile boldt Bank Building, 785 Market Street. States Department of Labor, August, 1942. age shall be paid by the party at whose ih- 7464 FEDERAL REGISTER, Tuesday, September 22, 1942 stance witnesses appear, and the Admin published in the F ederal R egister as mackinaws, leather jackets, snow suits, istrator before issuing subpoena may require here stated. loafer jackets; 10 percent (T ); Septem a deposit of an amount adequate to cover the fees and mileage involved. Apparel Learner Regulations, September ber 21, 1943. 10. The rules of evidence prevailing in the 7, 1940 (5 F.R. 3591). H. W. Laroson Mfg. Co., 746 South Los courts of law or equity shall not be con Single Pants, Shirts and Allied Garments, Angeles St., Los Angeles, California; trolling. Women’s Apparel, Sportswear, Rainwear, Rayon & cotton dresses, flannellette 11. The Presiding Officer may, at his dis Robes, and Leather and Sheep-Lined Gar sleeping garments; 6 learners (T ); Sep cretion, permit any person appearing in the ments Divisions of the Apparel Industry, tember 21,1943. proceeding to cross-examine any witness of Learner Regulations, July 20, 1942 (7 F.R. fered by another person insofar as is prac 4724). Lisle Mills, Race & Court Sts., Allen ticable, and to object to the admission or Artificial Flowers and Feathers Learner town, Pennsylvania; Children’s gar exclusion of evidence by the Presiding Of Regulations, October 24, 1940 (5 F.R. 4203). ments; 10 percent, (T ); September 21, ficer. Requests for permission to cross-ex Glove Findings and Determination of Feb 1943. & amine a witness offered by another person ruary 20, 1940, as amended by Administrative M. & S. Shirt Co., Inc., 32 High St., and objections to the admission or exclusion Order of September 20, 1940 (5 F.R. 3748). Elizabeth, New Jersey; Men’s shirts; 10 of evidence shall be stated briefly with the Hosiery Learner Regulations, September 4, percent (T ); September 21, 1943. reasons for such request or the ground of 1940 (5 F.R. 3530). objection relied on. Such requests or objec Independent Telephone Learner Regula Mauch Chunk Dress Co., 268 West tions shall become a part of the record, but tions, September 27, 1940 (5 F.R. 3829). Broadway, Mauch Chunk, Pennsylvania; this record' shall not include argument Knitted Wear Learner Regulations, October Women’s dresses; 25 learners (E ); March thereon except as ordered by the Presiding 10, 1940 (5 F.R. 3982). 21, 1943. Officer. Objections to the approval of the Millinery Learner Regulations, Custom Rex Mfg. Co., Inc., 3725 Dauphin St., Committee’s recommendation and to the Made and Popular Priced, August 29, 1940 New Orleans, Louisiana; Shirts and promulgation of a wage order based upon (5 F.R. 3392, 3393). trousers; 10 percent (T ); September 21, such approval must be made at the hearing Textile Learner Regulations, May 16, 1941 194J. before the Presiding Officer. (6 F.R. 2446). 12. Before the close of the hearing, the Woolen Learner Regulations, October 30, Stylecraft Frocks, 1427 Vine St., Phila Presiding Officer shall receive written re 1940 (5 F.R. 4302). delphia, Pennsylvania; Ladies dresses; quests from persons appearing in the pro Notice of Amended Order for the Employ 10 learners (T ); April 6, 1943. (This ceeding for permission to make oral argu ment of Learners in the Cigar Manufactur certificate replaces the one bearing the ments before the Administrator upon the ing Industry, July 20, 1941 (6 FJEt. 3753). expiration date of April 6,1943.) m atter in issue. These requests will be for warded to the Administrator by the Pre The employment of learners under Cigar industry siding Officer with the record of the proceed these certificates is limited to the terms ings. If the Administrator, in his discretion, and conditions- as to the occupations, Florida Cigar Co., East Jefferson St., allows the request, he shall give suCh notice learning periods, minimum wage rates, Quincy, Florida; Cigars; 10 percent (T); thereof as he deems suitable to all persons et cetera, specified in the Determination Cigar packers to have learning period of appearing in the proceedings, and shall desig 320 hours at 75 percent of the applicable nate the time and place at which the oral and Order or Regulation for the indus try designated above and indicated op minimum wage; September 20,1943. arguments shall be heard. If such requests The S. Frieder & Sons Co. of Penna., are allowed, all persons appearing at the posite the employer’s name. These cer hearing will be given opportunity to present tificates become effective September 21, Third & Spruce Sts., Philadelphia, Penn oral argument. 1942. The certificates may be cancelled sylvania; Cigars; 40 learners (E ); Cigar 13. Briefs (12 copies) may be submitted in the manner provided in the Regula machine operators to have learning to the Administrator following the close of tions and as indicated in the certificates. period of 320 hours at 75 percent of the the hearing, by any persons appearing there Any person aggrieved by the issuance applicable minimum wage; January 20, in. Notice of the final dates for filing such 1943. briefs shall be given by the Administrator in of any of these certificates may seek a review or reconsideration thereof. R. G. Sullivan, Inc., 114 W. Central St., such manner as shall be deemed suitable by Manchester, New Hampshire; Cigars; 10 him. N a m e a n d A d d r e s s o p F i r m , I n d u s t r y , P r o d percent (T ); Hand strippers to have 14. On the close of the hearing, the Presid u c t , N u m b e r o p L e a r n e r s a n d E x p i r a t i o n learning period of 160 hours and cigar ing Officer shall forthwith file a complete D a t e record of the proceedings with the Adminis machine operators to have learning of trator. The Presiding Officer shall not file Apparel Industry 320 hours at 75 percent of the applicable an intermediate report unless so directed Standard Pad Co., 1803-05 John St., minimum wage; September 20,1943. by the Administrator. If a report is filed, John H. Swisher & Son, Inc., East 16th it shall be advisory only and have no binding Cincinnati, Ohio; Shoulder pads & sleeve head pads; 5 learners (T ); September St., Jacksonville, Florida; Cigars; 10 per effect upon the Administrator. cent (T ); Stripping machine operators to 15. No order issued as a report of the hear 21, 1943. ing will take effect until after due notice is have learning period of 160 hours and given of the issuance thereof by publication Single Pants, Shirts and Allied Garments, cigar packers to have learning period of in the F e d e r a l R e g i s t e r . Women’s Apparel, Sportswear, Rain 320 hours at 75 percent of the applicable wear, Robes, and Leather and Sheep- minimum wage; September 20, 1943. Signed at New York, New York, this Lined Garments Divisions of the Ap Wolf Brothers & Co., 25 Pine St., Red 19th day of September 1942. parel Industry Lion, Pennsylvania; Cigars; 10 percent L. M etcalfe W alling, Bonnie Frocks, 121 North 8th St., (T ); Cigar machine operators to have Administrator. Philadelphia, Pennsylvania; Dresses; 4 learning period of 320 hours at 75 percent learners (T ); September 21, 1943. of the applicable minimum wage; Sep [F. R. Doc. 42-9335; Filed, September 21,1942; tember 20,1943. 10:29 a. m.] Brooks Uniform Co., 208 South Lamar St., Dallas, Texas; Ladies uniforms; 5 Glove Industry learners (T ); September 21, 1943. J. W. Frederick Co., 132 Essex St., Bos Northern Glove & Mitten Co., 1514 L earner Employment Certificates ton, Massachusetts; Women’s cotton uni Morrow St., Green Bay, Wisconsin; Work forms and aprons; 5 learners (T ); Sep gloves; 7 learners (T); September 21, ISSUANCE TO VARIOUS INDUSTRIES tember 21, 1943. 1943. (This certificate replaces the one Notice is hereby given that special cer Freeman Mfg. Co., 900 W. Chicago bearing the.expiration date of Septem tificates authorizing the employment of Road, Sturgis, Michigan; Surgical ab ber 10, 1943.) dominal supports, girdle anchor bands; learners at hourly wages lower than the Textile Industry minimum wage rate applicable under 8 learners (T ); September 21, 1943. section 6 of the Act are issued under sec Jack Hammer, 308 E. 9th St., Los Kahn & Feldman, Inc., 360 Suydam tion 14 thereof, Part 522 of the Regula Angeles, California; Dresses and sports St., Brooklyn, New York; Rayon; 50 tions issued thereunder (August 16,1940, wear; 5 learners (T ); September 21, learners (E) ; March 21, 1943. 5 F.R. 2862, and as amended June 25, 1943. Magnolia Cotton Mill Co., Magnolia, 1942, 7 F.R. 4723), and the Determination Lakeland Mfg. Co., Sheboygan, Wis Arkansas; Cotton cloth; 3 percent (T); and Order or Regulation listed below and consin; Cotton & wool lumber jackets, September 21, 1943. FEDERAL REGISTER, Tuesday, September 22, 1942 7465 Stonewall Cotton Mills, Inc., Stone suant to section 7 (b) (3) of the Act and may within fifteen days after the date wall, Mississippi; Cotton; 3 percent (T ); Part 526 as amended of the regulations this notice appears in the F ederal R eg September 21, 1943. issued thereunder. ister file a petition with the Administra Valdese Mfg. Co., Valdese, North Caro Whereas application was made by the tor at the National Office of the Wage lina; Cotton; 3 percent (T ); September Wine Institute of San Francisco, Cali and Hour Division requesting that he review the action of the said representa 21, 1943. fornia, for the partial exemption of the processing of fresh grapes and other tive upon the record of the hearing. Signed at New York, N. Y., this 19th fresh fruits into wine, grape juice, or Such petition shall set forth the grounds day of September 1942. brandy from the maximum hours provi upon which the petition for review is Merle D. Vincent, sions of the Fair Labor Standards Act based. Authorized Representative pursuant to section 7 (b) (3) of the Act Signed at New York, New York, this of the Administrator. and Part 526 as amended of the regula 16th day of September 1942. tions issued thereunder; and fF. R. Doc. 42-9355; Filed, September 21, 1942; Whereas the Administrator, of the W illiam B. G rogan, 11:40 a. m.] Wage and Hour Division gave notice of a Acting Administrator. public hearing to be held at the National [F. R. Doc. 42-9353; Filed, September 21,1942; Office of the Wage and Hour Division, 11:40 a. m.] Learner Employment Certificates New York, New York, on June 19, 1942, NAVAJO WEAVERS, ROSWELL, NEW MEXICO before Mr. Merle D. Vincent, who was authorized to take testimony, hear argu Notice is hereby given that special cer ment, and determine: BOARD OF ECONOMIC WARFARE. tificates authorizing the employment of Whether the processing of fresh grapes or learners at hourly wages lower than the other fresh fruits into wine, grape Juice, or Office of Exports. minimum rate applicable under section brandy, or any subdivision or combination of 6 of the Act are issued under section 14 these activities is an industry of a seasonal [License Denial 3] thereof and t 522.5 (b) of the regulations nature within the meaning of section G. E. Stechert & Company, et al. issued thereunder (August 16,1940, 5 F.R. 7 (b) (3) of the Act and Part 526 as amended 2862) to the employers listed below effec of the regulations issued thereunder, and if REVOCATION OF EXPORT LICENSES tive September 21, 1942. so the appropriate limits of such industry, Pursuant to Part 807 of the regulations The employment of learners under and adopted under section 6 of the Act of these certificates is limited to the terms Whereas following such hearing the July 2,1940, as amended, the Chief of the and conditions as designated opposite the said Merle D. Vincent duly made his find Trade Intelligence Division of the Export employer’s name. These certificates are ings of fact and determined as follows: Control Branch, Office of Exports, has issued upon the employers’ representa (1) The processing of fresh grapes or charged G. E. Stechert & Company, Al tions that experienced workers for the other fresh fruits into wine or grape fred Hafner, Walter Alfred Hafner and learner occupations are not available for juice in wineries, and the distillation of Otto Henry Hafner with certain viola employment and that they are actually in brandy in wineries and distilleries, as tions of Proclamation 2497 authorizing a need of learners at subminimum rates in well as the production of related by Proclaimed List of Certain Blocked Na order to prevent curtailment of oppor products in these establishments, consti tionals and Controlling Certain Exports tunities for employment. The certificates tute an integrated industry. issued in part under the authority of said may be cancelled in the manner provided (2) The preliminary operations in the section. The respondents have filed a for in the Regulations and as indicated making of wine or brandy» through the written answer to the charges above set on the certificate. Any person aggrieved “first racking” of the wine, or any com forth. by the issuance of these certificates may bination of operations short of the pro The Compliance Commissioner, duly seek a review or reconsideration thereof. duction of the finished wine, do not con designated under § 807.1 of the aforesaid regulations, has reviewed the record and N a m b a n d A d d r e s s o f F i r m , P r o d u c t , N u m b e r stitute a separable branch, of an indus o f L e a r n e r s , L e a r n i n g P e r io d , L e a r n e r try within the meaning of section 7 (b) filed his findings of fact and recom W a g e , L e a r n e r O c c u p a t i o n s , E x p i r a t io n (3) of the Fair Labor Standards Act and mendations in the matter. The following D a t e Part 526 of the regulations. facts have been found: G. E. Stechert & Company is a Navajo Weavers, Roswell, New Mexico; (3) Although the establishments en gaged in the processing of fresh grapes partnership engaged in buying, selling, Men’s neckties; 8 learners; learning pe exporting and importing books and pe riod of 8 weeks for any one learner; 30 or other fresh fruits into wine, grape juice, or brandy perform their crushing, riodicals, mostly of a scientific nature; cents per hour; learners to be employed its principal place of business is 31-37 in the occupations of hand sewing, ma fermenting and distilling operations principally during the harvesting season East Tenth Street, New York City. The chine sewing and weaving; January 25, sole members of the partnership at all 1943. of approximately fourteen weeks each year, they do not cease production dur times hereafter mentioned have been Signed at New York, N. Y., this 19th ing the remainder of the year, but carry Alfred Hafner, Walter Alfred Hafner day of September 1942. on aging, finishing, bottling, or other and Otto Henry Hafner. Between the M erle D. Vincent, operations after the completion of the dates of July 30, 1941 and November 19, Authorized Representative crushing, fermenting, and distilling. 1941 G. E. Stechert & Company and the of the Administrator. (4) The processing of fresh grapes or partners thereof sent to Frederico Will, other fresh fruits into wine, grape juice, a German book seller located in Rio de , [F. R. Doc. 42-9354; Filed, September 21,1942; or brandy is not an industry of a seasonal Janeiro, 'Brazil, various shipments of 11:40 a. m.] nature within the meaning of section 7 books totaling $9.50. Between the dates (b) (3) of the Act and Part 526 of the of December 23,1941 and March 6, 1942, regulations. G. E. Stechert & Company and the P rocessing of F resh G rapes, E tc., I nto The application is denied; and partners thereof sent to Jose Alves W ine Whereas said findings and determina Nogueira of Rio de Janeiro, Brazil, vari tion were duly filed with the Administra ous shipments of books of the total PETITIONS RE DENIAL OF APPLICATION FOR tor on September 11, 1942 and are now invoice value of $149.01. These exporta EXEMPTION on file in room 1619, National Office of tions occurred subsequent to July 17, Notice of opportunity to petition for the Wage and Hour Division, 165 West 1941, on which date the name of review of determination denying the ap 46th Street, New York, New York, and Frederico Will was placed on the afore plication for the partial exemption of the are available for examination by all in said Proclamation List of Certain Blocked processing of fresh grapes and other fresh terested parties; Nationals. Jose Alves Nogueira was dur fruits into wine, grape juice, or brandy Now, therefore, pursuant to the provi ing the above mentioned period acting as from the maximum hours provisions of sions of § 526.7 of the aforesaid regula an agent of Frederico Will with respect the Fair Labor Standards Act of 1938 tions notice is hereby given that any per to the exportations made to him and as an industry of a seasonal nature pur son aggrieved by the said determination G. E. Stechert & Company and the 7466 FEDERAL REGISTER, Tuesday, September 22, 1942 partners thereof knew that Jose Alves which provide for the discontinuance of counts each such carrier shall specify by Nogueira was acting as the agent of a classification of telegraph communica whom and in whose behalf such amounts Frederico Will. The exportations to Will tions described as “Tourate”; are paid; and Nogueira were not authorized by a It further appearing that said discon It is further ordered, That The West license as provided for in Proclamation tinuance of the “Tourate” classification ern Union Telegraph Company, the 2413 or 2465; nor had the Administrator makes increases in rates and charges Postal Telegraph-Cable Company (New of Export Control determined that such and states regulations and practices ef York), and each participating carrier, prohibition or exportation would be an fecting such increases in rates and shall file with this Commission a report] unusual hardship on American interests. charges for the transmission of telegraph under oath, on or before the 10th day of The Compliance Commissioner has found communications in interstate commerce; each calendar month, commencing Jan that these exportations were directly or that the rights and interests of the pub uary 10, 1943, showing the amounts re indirectly to, or on behalf of, or for the lic may be injuriously affected thereby; ceived and accounted for as aforesaid account of a Blocked National and as and it being the opinion of the Commis during the previous calendar month; such constituted violations of section 3 sion that the effective date of said tariff It is further ordered, That a copy of of the aforesaid Proclamation 2497 and provisions should be postponed pending this order shall be filed in the office of section 6 of the Act of July 2, 1940, as hearing and decision thereon; the Federal Communications Commis amended. Upon consideration of the It is ordered, That the Commission, sion with said tariffs herein suspended in record, findings of fact, and all recom upon its own motion, without formal part; that copies hereof be served upon mendations in the matter, It is hereby pleading, enter upon a hearing concern the carrier parties to such tariffs; and ordered, That: ing the lawfulness of the rates, charges, that said carrier parties be, and they (1) All export licenses heretofore is regulations and practices contained in are hereby each made a party respondènt sued to G. E. Stechert & Company, Alfred said Supplement No. 1 to The Western to this proceeding: Hafner, Walter Alfred Hafner and Otto Union Telegraph Company Tariff F.C.C. It is further ordered, That this mat Henry Hafner for exportations as yet not No. 221, and First Revised page 24 to ter be, and the same is hereby, assigned consummated are hereby revoked, and Postal Telegraph-Cable Company (New for hearing at-10 o’clock on the 15th day (2) Until November 16, 1942, G. E. York) Tariff F.C.C. No. 63, insofar as of October 1942 at the office of the Fed Stechert & Company, Alfred Hafner, Wal they relate to the discontinuance of the eral Communications Commission in ter Alfred Hafner and Otto Henry Hafner classification of “Tourate” communica Washington, D. C. and any person acting on behalf of either tions; By the Commission. of them are denied the privilege of ob It is further ordered, That the opera [seal] T. J. Slowie, taining individual export licenses and the tion of said tariff schedules, Supplement Secretary. use of any general or unlimited export No. 1 to The Western Union Telegraph licenses for any exportation whatsoever Company Tariff F.C.C. No. 221, and First [F. R. Doc. 42-9343; Filed, September 21,1942; from the United States. Revised page 24 to Postal Telegraph- 11:02 a. m.] Cable Company (New York) Tariff F.C.C. The respondents may appeal in writing No. 63, insofar as they will result in an to the. Assistant Director in charge of the increase in rates and charges for deliv Office of Exports provided the appeal is ery of interstate telegraph communica [Docket Nos. 5893 and 6161; 5361 and 6144; taken within ten days aftef receipt of this tions classified as “Tourate” communi 5778 and 6145] order. cations, be suspended; and that the use WOAX, I ncorporated, et al (Sec. 6, 54 Stat. 714, Public Law 75, 77th of the rates, charges, regulations and Cong.; Public Law 638, 77th Cong.; Or practices therein stated as applicable to ORDER FOR HEARING der No. 3, Delegations of Authority NoS. such “Tourate” communications be de 25, and 26, 7 F.R. 4951). ferred until December 18, 1942, unless In the Matter of applications of WOAX, otherwise ordered by the Commission; Incorporated (WTNJ) Trenton, New Jer Dated: September 16, 1942. sey (Docket Nos. 5893 and 6161), for and during said period of suspension no Renewal and Modification of License; City F. R. K err, change shall be made in such rates, Chief, Export Control Branch, charges, regulations and practices, or in of Camden (WCAM) Camden, New Jer Office of Exports. the rates, charges, regulations and prac sey (Docket Nos. 5361 and 6144), for Re tices sought to be altered, unless author newal and Modification of License; Radio IF. R. Doc. 42-9318; Filed, September 19, 1942; Industries Broadcast Co. (WCAP), As- 12:15 p. m.] ized by special permission of the Com mission; bury Park, New Jersey (Docket Nos. 5778 It is further ordered, That an investi and 6145), for Renewal and Modification gation be, and the same is hereby insti of License. At a session of the Federal Communi FEDERAL COMMUNICATIONS COM tuted, into the lawfulness of the rates, charges, classifications, regulations, cations Commission held at its offices in MISSION. practices and services of The Western Washington, D. C. on the 15th day of [Docket No. 6429] Union Telegraph Company and the September, 1942; Postal Telegraph-Cable Company (New The Commission having under con W estern Union T elegraph Co. and P ostal York) for and in connection with sideration the proceedings heretofore had T elegraph-C able Co. “Tourate” communications; upon the above-entitled applications; and It appearing that additional facts are ORDER FOR HEARING ON "TOURATE MESSAGES” It is further ordered, That in the event a decision as to the lawfulness of the necessary to enable the Commission to In the matter of The Western Union rates, charges, classifications, regula make a proper determination thereon; Telegraph Company and Postal Tele tions, practices and services herein sus It is ordered, That said applications be, graph-Cable Company (New York); dis pended has not been made during the and they are hereby, designated for fur continuance of “Tourate Messages”. suspension period, and increased charges ther hearing on the following issue: To At a session of the Federal Communi determine the qualifications of the ap shall be made effective with respect to plicant, WOAX, Incorporated, its officers, cations Commission held at its offices in “Tourate” communications, The Western Washington, D. C., on the 15th day of Union Telegraph Company, the Postal directors and stockholders to continue September 1942; the operation of Station WTNJ, as pres Telegraph-Cable Company (New York), ently operated or as proposed in Docket It appearing that there have been filed and all other carriers participating in with the Commission Supplement No. 1 No. 6161. service provided under the tariff provi By the Commission. to The Western Union Telegraph Com sions suspended herein, shall, until fur pany Tariff F.C.C. No. 221, and First Re ther order of the Commission, each keep [seal] T. J. Slowie, vised page 24 to Postal Telegraph-Cable accurate account of all amounts received Secretary. Company (New York) Tariff F.C.C. No. by each of them by reason of any increase [F. R. Doc. 42-9341; Filed, September 21,1942; 68, both effective September 18, 1942, in charges effected thereby; in which ac 11:02 a. m.] FEDERAL REGISTER, Tuesday, September 22, 1942 7467 [Docket Nos. 0135, 6169, 6170, 6171] The Commission finds that: (1) The FÉDÉRAL TRADE COMMISSION. complaint of the State 'of Arizona was [Docket No. 4547] Wilkes-B arre Broadcasting Corp., et al. duly served on the defendants March ORDER FOR HEARING, ETC. 21, 1942; the Commission instituted its J. T. J arrell Co. In the Matter of applications of Wilkes- investigation of respondents April 21, COMPLAINT AND NOTICE OF HEARING Barre Broadcasting Corporation, Wilkes- 1942; and the defendants-respondents have had, therefore, ample notice and In the matter of Jim S. Porter, trading Barre, Pennsylvania, (Docket No. 6135), as J. T. Jarrell Company. for Construction Permit; Central opportunity for preparation for the Broadcasting Company, Wilkes-Barre, hearing herein; Supplemental Complaint Pennsylvania, Docket No. 6169), for Con (2) An important witness of the Com The Federal Trade Commission, hav struction Permit; Northeastern Pennsyl mission’s staff whose testimony is be ing reason to believe that the respondent vania Broadcasters, Inc., Wilkes-Barre, lieved relevant and material to the issues named in the caption hereof and here Pennsylvania, Docket No. 6170), for Con in these proceedings has been called to inafter more particularly designated and struction Permit; Key Broadcasters, Inc., serve in the armed forces, and further described, since June 19, 1936, has vio Wilkes-Barre, Pensylvania, (Docket No. postponement of the hearing may make lated and is now violating the provisions 6171), for Construction Permit. it impossible to obtain his testimony; of subsection (c) of section 2 of the Clay At a session of the Federal Communi (3) Subsequent to a previous request ton Act (U.S.C. Title 15, Sec. 13) as cations Commission held at its offices in made by the respondents and defendants amended by the Rcbinson-Patman Act, Washington, D. C., on the 15th day of for a postponement of hearing, the Com approved June 19, 1Ô36, hereby issues a September, 1942; mission by its order of September 1,1942, supplemental complaint, stating its The Commission having under consid extended the date of hearing from Sep charges with respect thereto as follows: eration the proceedings heretofore had tember 9,1942, to September 30, 1942; P aragraph 1. Respondent Jim S. Porter upon the above-entitled applications; (4) Under the existing circumstances is an individual trading and doing busi and no good cause has been shown for the ness as the J. T. Jarrell Company with It appearing that additional facts are granting of the petition for a further his principal office and place of business necessary to enable the Commission to postponement: located at No. 7 Commercial Warehouse make a proper determination thereon; Wherefore, the Commission orders, Building, Little Rock, Arkansas. It is ordered, That said applications That: (a) The petition of El Paso Natu J. T. Jarrell Company, subsequent to be and they are hereby, designated for ral Gas Company, Western Gas Com the issuance of the original complaint further hearing on the following issue: pany and El Paso Gas Transportation herein, was a corporation organized and To determine the qualifications of the Corporation for postponement and existing under and by virtue of the laws applicant, Northeastern Pennsylvania transfer of the hearing in the above- of the State of Arkansas with its prin Broadcasters, Inc., its officers, directors entitled matters be and the same is cipal office and place of business located and stockholders to construct a new hereby denied: at No. 7 Commercial Warehouse Build broadcast station at Wilkes-Barre, Penn (b) The hearing in the above-entitled ing, Little Rock, Arkansas. sylvania, as proposed in Docket No. 6170. matters commence on September 30, On July 31, 1941, J. T. Jarrell, as a It is further ordered, That the oral 1942, at 9:45 a. m. in the Senate Cham corporation, was dissolved and its Vice argument upon the aforementioned ber of the State Capitol at Phoenix, Ari President and principal stockholder, Jim Dockets, which is scheduled for Septem zona; S. Porter, continued to operate the busi ber 23, 1942, at 10:00 a. m., be, and it is (c) Subsequent hearings may be held ness of J. T. Jarrell Company in the same hereby, cancelled. at such times and places as the Trial manner and form as when J. T. Jarrell By the Commission. Examiner may designate. ^ Company was a corporation. [seal] T. J. S lowie, By the Commission. Par. 2. Respondent, Jim S. Porter, Secretary. [seal] Leon M. F uqua y, trading as the J. T. Jarrell Company, is Secretary. now engaged in the business of acting [ F . R. Doc. 42-9342; Filed, September 21,1942; as a broker in the sale of food products, 11:02 a. m.] [F. R. Doc. 42-9304; Filed, September 19,1942; particularly canned fish, fruits and vege 10:18 a. m.] tables. Respondent is also engaged in the business of buying and selling, for his FEDERAL POWER COMMISSION. own account, food products, particularly [Docket Nos. G-257, Q-242] [Docket No. DI-166] canned fish, fruits and vegetables. The purchases which respondent has been El P aso Natural G as Co., et al. G eorgia P ower Company making for his own account have been ORDER DENYING PETITION FOR POSTPONE order changing place of hearing made in his own name, trading as the MENT AND TRANSFER OF HEARING J. T. Jarrell Company. S eptember 18, 1942. Respondent causes the products which September 16, 1942. It appearing that the Commission on he purchases fpr his own account to be In the matter of El Paso Natural Gas September 2, 1942, upon its own motion, shipped and transported to him from the Company, Western Gas Company, and directed that the above-entitled proceed various places of business of those sellers El Paso Gas Transportation Corpora ing come on for hearing on September from whom respondent purchases said tion; The State of Arizona, com 21,1942, at 9:45 a. m. (EWT) in the Fed products, many of such sellers being lo plainant, v. Western Gas Company and eral Building, Atlanta, Georgia; cated and doing business in states other El Paso Natural Gas Company, de The Commission, upon its own motion than the State of Arkansas. fendants. and for good cause shown, orders, That: P ar. 3. In the course and conduct of Upon consideration of the petition The hearing in this proceeding be held his business of buying food products for filed September 5, 1942, by El Paso Nat beginning on September 21,1942, at 9:45 his own account in commerce, as afore ural Gas Company, Western Gas Com a; m. (EWT) in Room 216, of the Com said, the respondent has been and is now pany, and El Paso Gas Transportation mission’s Regional Office, 10 Forsyth receiving and accepting from various Corporation, respondents and defend Street Building, Atlanta, Georgia. sellers brokerage fees or allowances or ants in the above-entitled matters, re By the Commission. discounts in lieu thereof on many of said questing a continuance of the hearing [seal] Leon M. F uquay, purchases for his own account. In so in such matters for a period of ninety Secretary. doing, respondent, Jim S. Porter, trading days from September 30,1942, and trans as J. T. Jarrell Company, has continued fer of the place of said hearing from [F. R. Doc. 42-9303; Filed, September 19, 1942; practices which were formerly employed Phoenix, Arizona; 10:18 a. m.] by the J. T. Jarrell Company, a corpora- No. 186----- 7 t 7468 FEDERAL REGISTER, Tuesday, September 22, 1942 tion, as alleged in the original complaint Commission in the City of Washington, the City of Washington, D. C., on the herein, and subsequently dissolved. D. C., as the place, when and where a 17th day of September, A. D. 1942. The respondent receives such broker hearing will be had on the charges set In the Matter of Fred Benioff Com age fees, discounts and allowances in lieu forth in this complaint, at which time pany, a corporation, et al. thereof in various ways, among which and place you will have the right, under This matter being at issue and ready are the following four specified ways: said Act, to appear and show cause why for the taking of testimony, and pursu 1. By purchasing canned food stuffs, an order should not be entered by said ant to authority vested in the Federal dried fruits, canned fish, and other mis Commission requiring you to cease and Trade Commission, under an Act of cellaneous merchandise from sellers at desist from the violations of the law Congress (38 Stat. 717; 15 U.S.C.A., sec prices lower than the same sellers sell charged in the complaint. tion 41), such commodities of like grade and qual You are notified and required, on or It is ordered, That Miles J. Furnas, a ity to other purchasers. before the twentieth day after service trial examiner of this Commission, be 2. By various methods obtaining such upon you of this complaint, to file with and he hereby, is designated and ap commodities at prices that are lower the Commission an answer to the com pointed to take testimony and receive than the prices at which such commodi plaint. If answer is filed and if your evidence in this proceeding and to per ties of like grade and quality are sold by appearance at the place and on the date form all other duties authorized by law; such sellers to other purchasers by an above stated be not required, due notice It is further ordered, That the taking amount which reflects all or part of the to that effect will be given you. The of testimony in this proceeding begin on brokerage fees currently paid by said Rules of Practice adopted by the Com Tuesday, October 20, 1942, at ten o’clock sellers to brokers for the selling of such mission with respect to answers or failure in the forenoon of that day (Pacific commodities in behalf of such sellers. to appear or answer (Rule IX) provide Standard Time) in Court Room No. 258, 3. By making deductions in lieu of as follows: Post Office Building, San Francisco, Cali brokerage from the invoices of certain In case of desire to contest the proceeding fornia. sellers when paying such invoices. the respondent shall, within twenty (20) days Upon completion of testimony for the 4. By receiving from certain sellers re from the service of the complaint, file with Federal Trade Commission, the trial ex bate checks representing the customary the Commission an answer to the complaint. aminer is directed to proceed immedi brokerage fees of such sellers. Such answer shall contain a concise state ately to take testimony and evidence on As illustrative of the practices pursued ment of the facts which constitute the behalf of the respondent. The trial ex by the respondent in receiving and ac ground of defense. Respondent shall spe cifically admit or deny or explain each of the aminer will then close the case and make cepting allowances and discounts in lieu facts alleged in the complaint, unless re his report upon the evidence. of brokerage upon his own purchases of spondent is without knowledge, in which case By the Commission. - food stuffs are the following: respondent shall so state. [seal] O tis B. J ohnson, 1. Respondent purchases salmon for • * * • * Secretary. his own account from Griffith-Durney Failure of the respondent to file answer Company of Seattle, Washington. On within the time provided and failure to ap [F. R. Doc. 42-9357; Filed, September 21,1942; such purchases he receives and accepts pear at the time and place fixed for hearing 11:51 a. m.] an allowance of 3% off the invoice price. shall be deemed to authorize the Commis The 3% allowance granted to the re sion, without further notice to respondent, spondent by Griffith-Durney Company is to proceed in regular course on the charges set forth in the complaint. [Docket No. 4835] paid in the form of a check within a 30 If respondent desires to waive hearing on day period after the shipment of the com- the allegations of fact set forth in the com G lover & W ilson modity. plaint and not to contest the facts, the an 2. The respondent purchases dried swer may consist of a statement th a t re COMPLAINT AND NOTICE OF HEARING fruits from Guggenheime & Company of spondent admits all the material allegations In the Matter of Roy Glover and Ray San Francisco, California, for his own of fact charged in the complaint to be true. Wilson, trading as Glover & Wilson. account and receives from this seller an Respondent by such answer shall be deemed to have waived a hearing on the allegations Complaint allowance or discount in lieu of broker of fact set forth in said complaint and to age in the amount of 2 Vz% which amount have authorized the Commission, without The Federal Trade Commission, having is deducted by the respondent from the further evidence, or other intervening pro reason to believe that the respondents invoice price when remitting for dried cedure, to find such facts to be true. named in the caption hereof and here fruits purchased from Guggenheime & Contemporaneously with the filing of such inafter more particularly designated and Company for his own account. answer the respondent may give notice in described, since June 19, 1936, have vio 3'. The respondent purchases canned writing that he desires to be heard bn the lated and are now violating the provi fish from Fred B. Neuhoff Company of question as to whether the admitted facts sions of subsection (c) of section 2 of constitute the violation of law charged in the Clayton Act (U.S.C. Title 15, Sec. 13) Los Angeles, California, on a net price the complaint. Pursuant to such notice, the basis, which price basis refleets an al respondent may file a brief, directed solely as amended by the Robinson-Patman lowance or discount in lieu of brokerage. to that question, in accordance with Rule Act, approved June 19, 1936, hereby is 4. The respondent purchases its re XXIII. sues its complaint stating its charges with quirements of beans from the Midwest respect thereto as follows: Bean Company of Denver, Colorado, on In witness whereof, the Federal Trade P aragraph On e : Respondents Roy Commission has caused this, its com Glover and Ray Wilson are individuals a net price basis, which price basis re plaint, to be signed by its Secretary, and flects an allowance or discount in lieu of trading and doing business as Glover & its official seal to be hereto affixed, at Wilson with their principal office and brokerage. Washington, D. C., this 16th day of Sep P ar. 4. The foregoing acts of the re place of business located at No. 1 Com tember, A. D. 1942. mercial Warehouse Building, Little Rock, spondent constitute a violation of sub By the Commission. section (c) of section 2 of the Clayton Arkansas. * Act as amended by the Robinson-Pat- [seal] , O tis B. J ohnson, P ar. T w o : Respondents are now en man Act approved June 19, 1936. Secretary. gaged in the business of acting as a broker in the sale of food products, par Wherefore, the premises considered, [F. R. Doc. 42-9356; Filed, September 21,1942; ticularly canned fruits and vegetables. the Federal Trade Commission, on this 11:51 a. m.] Respondents have also been engaged in 16th day of September, A. D. 1942, issues the business of buying and selling, for its supplemental complaint against said their own account, food products, par respondent. [Docket No. 4760] Notice ticularly canned fruits and vegetables. F red Benioff Co., et al. The purchases which respondents have Notice is hereby given you, Jim S. been making for their own account have Porter, trading as J. T. Jarrell Company, order appointing trial examiner and been made ordinarily in the name of respondent herein, that the 23d day of SETTING TIME AND PLACE FOR TAKING Glover & Wilson. Orders have been October, A. D. 1942, at 2 o’clock in the TESTIMONY placed by the respondents with various afternoon, is hereby fixed as the time, At a regular session of the Federal manufacturers, packers and sellers for and the offices of the Federal Trade Trade Commission, held at its offices in various food products and the respond- FEDERAL REGISTER, Tuesday, September 22, 1942 7469 ents cause many of the products which and place you will have the right, under has been filed with the Division of the they purchase for their own account to said Act, to appear and show cause why Federal Register. be shipped and transported to them an order should not be entered by said The following company has registered across state lines from the various places Commission requiring you to cease and with and been approved by the Office of of business of those sellers from whom desist from the violations of the law Price Administration as engaged prin respondents purchase said products, charged in the complaint. cipally and primarily in the business of many of such sellers being located and You are notified and required, on or reconditioning and selling damaged com doing business in states other than the before the twentieth day after service modities received in ’direct connection State of Arkansas. upon you of this complaint, to file with with the adjustment of losses from insur Par. T hree: In the course and conduct the Commission an answer to the com ance companies, transportation com of their business of buying food products plaint. If answer is filed and if your panies or agencies of the United States for their own account in commerce, as appearance at the place and on the date Government, and whose other activities aforesaid, the respondents have been and above stated be not required, due notice do not include the selling of new or are now receiving and accepting from to that effect will be given you. The second-hand commodities for its own numerous sellers, brokerage fees or allow Rules of Practice adopted by the Com account: Worman, MacMullen & Co., 116 ances or discounts in lieu thereof on mission with respect to answers or failure John Street, New York, New York. many of said purchases for their own to appear or answer (Rule IX) provide Pursuant to the authority vested in the account. as follows: Administrator by the Emergency Price As illustrative of the practices pursued In case of desire to contest the proceeding Control Act of 1942 and in accordance by the respondents in receiving and ac the respondent shall, within twenty (20) days with § 1499.26 (b) (1) as amended, under cepting allowances and discounts in lieu from the service of the complaint, file with Supplementary Regulation No. 1 under of brokerage upon their own purchases the Commission an answer to the complaint. the General Maximum Price Regulation of food stuffs are the following: Such answer shall contain a concise state it is hereby ordered: 1. The respondents purchase sardines ment of the facts which constitute the (a) That sales or deliveries by Wor ground of defense. Respondent shall specifi for their own account from the Val Vita cally admit or deny or explain each of the man, MacMullen & Co. New York, New Pood Products Company of Fullerton, facts alleged in the complaint, unless re York, be, and the same hereby are, ex California, and receive from such com spondent is without knowledge, in which case cepted from the General Maximum Price pany a brokerage fee amounting to ap respondent shall so state. Regulation in accordance with § 1499.26 proximately 3% off of the invoice price, * * * * * (b) (1) of Supplementary Regulation which brokerage fee is deducted from the Failure of the respondent to file answer No. 1, invoice when the respondents make pay within the time above provided and failure (b) This Order No. 20 shall become ment to this seller for such product to appear at the time and place fixed for effective September 21, 1942. 2. The respondents purchase dried hearing shall be deemed to authorize the fruit for their own account from West Commission, without further notice to re Issued this 19th day of September, Coast Growers and Packers of Fresno, spondent, to proceed in regular course on the 1942. charges set forth in the complaint. L eon H enderson, California, and receive from such seller a Administrator. brokerage fee of approximately 5%, If respondent desires to waive hearing on the allegations of the fact set forth in the [F. R. Doc. 42-9297; Filed, September 19, 1942; which is paid by such seller to the re complaint and not to contest the facts, the spondents upon the purchases made by answer may consist of a statement that 10:23 a. m.] the respondents for their own account. respondent admits all the material allega 3. The respondents purchase canned tions of fact charged in the complaint to be fish from the Oceanic Sales Company of true. Respondent by such answer shall be [Order 2 Under Maximum Price Regulation Seattle, Washington, for their own ac deemed to have waived a hearing on the 163—Woolen and Worsted Civilian Apparel count and receive from such seller a allegations of fact set forth in said com Fabrics—Docket 3163-8] plaint and to have authorized the Commis brokerage fee of approximately 3^2% sion, without further evidence; or other H olyoke W orsted Company upon such purchase made from such intervening procedure, to find such facts order granting adjustment seller by the respondents. The fee is to be true. paid directly by the seller to the respond Contemporaneously with the filing of such Granting permission to the Holyoke ents as brokerage upon the purchases of answer the respondent may give notice in Worsted Company to make adjustable the respondents for their own account. writing that he desires to be heard on the pricing contracts during the pendency of 4. The respondents purchase canned question as to whether the admitted facts its petition for adjustment. fish for their own account from the Su constitute the violation of law charged in the complaint. Pursuant to such notice, the For the reasons set forth in the opin perior Fisheries, Inc., of Los Angeles, respondent may file a brief, directed solely ion, which has been issued simultane California, and receive from such com to that question, in accordance with Rule ously herewith, and under the authority pany a 5% allowance injieu of broker XXIII. vested in the Price Administrator by the age, which allowance is deducted by the Emergency Price Control Act of 1942 respondents from the invoice price when In witness whereof, the Federal Trade and, in accordance with Procedural Reg payment is made by the respondents to Commission has caused this, its com ulation No. 1, issued by the Office of this seller for such products. plaint, to be signed by its Secretary, and Price Administration, it is hereby or P ar. F our: The aforesaid acts of re its official seal to be hereto affixed, at dered:^ a) Pending final determination spondents constitute a violation of sub Washington, D. C., this 16th day of by the Price Administrator of a petition section (c) of section 2 of the Clayton September, A. D. 1942. for relief from the provisions of § 1410.102 Act as amended by the Robinson-Patman By the Commission. of Maximum Price Regulation No. 163, Act, approved June 19, 1936. [seal] O tis B. J ohnson, filed by the Holyoke Worsted Company Wherefore, the premises considered, Secretary. (hereinafter referred to as the peti the Federal Trade Commission, on this [F. R. Doc. 42-9358; Filed, .September 21, tioner) , the petitioner, whose post-office 16th day of September, A. D., 1942, issues 1942; 11:51 a. m.] address is 7 Bridge Street, Holyoke, Mas its complaint against said respondents. sachusetts, is hereby authorized to sell and deliver and any person is author Notice ized to buy and receive from the peti Notice is hereby given you, Roy Glover tioner its 800 range fabric, described in and Ray Wilson, trading as Glover & OFFICE OF PRICE ADMINISTRATION. its petition for adjustment as “clear Wilson, respondents herein, that the 23rd [General Maximum Price Regulation—Order finish, 14-14 y2 ounce fancy worsted used day of October, A. D. 1942, at 2 o’clock 20 Under Supplementary Regulation 1] by the men’s wear trade, containing in the afternoon is hereby fixed as the stock-dyed yarn 2/32s both warp and fill time, and the offices of the Federal Trade W orman, MacM ullen & Co. ing, and having approximately 68x60 Commission in the City of Washington, ORDER APPROVING REGISTRATION ends and picks”, at a price not in excess D. C„ as the place, when and where a of the maximum price established ac hearing will be had on the charges set An opinion in support of this order has cording to the aforementioned forth in this complaint, at which time been issued simultaneously herewith and 91410.102: Provided, however, That the 7470 FEDERAL REGISTER, Tuesday, September 22, 1942 Holyoke Worsted Company and any [Order 22 Under Revised Price Schedule 6— Street, Cleveland, Ohio, be, and the same buyer from it may agree in any contract Iron and Steel Products] hereby is, denied and disapproved. for the sale of such fabric that the con Nichols W ire & Steel Company (b) This Order No. 17 shall become tract price may be adjusted to conform effective September 21, 1942. to the final determination of the Price ORDER GRANTING EXCEPTION Issued this 19th day of September 1942, Administrator upon the petitioner’s re On January 27, 1942, Nichols Wire & quest for relief: Provided further, That Steel Company of Davenport, Iowa, filed L eon H enderson, the Holyoke Worsted Company shall in a petition for an exception to Revised Administrator. form each purchaser prior to entering Price Schedule No. 6, as amended, pur [F. R. Doc. 42-9301; Filed, September 19,1942; into an adjustable pricing contract with suant to § 1306.7 (b) thereof. Due con 10:24 a. m.] him that the maximum price which it sideration has been given to the petition has requested in its petition for adjust and an opinion in support of this Order ment for its 800 range fabric, is $3.38 per No_ 22 has been filed with the Division yard. of the Federal Register. For the reasons [General Maximum Price Regulation—Order (b) AH sections and paragraphs of set forth in the opinion, under the au 18 Under Supplementary Regulation 1] Maximum Price Regulation No. 163 thority vested in the Price Administrator J ohnson, B ecker and Courtney which are not inconsistent with any pro by the Emergency Price Control Act of vision of this order are to apply to this 1942 and in accordance with Procedural ORDER APPROVING REGISTRATION order. Regulation No. 1, issued by the Office An opinion in support of this order has SECURITIES AND EXCHANGE COM of any other corporate action which Canton tion, such assumption to be on terms creating Electric Light and Power Company proposes a novation with Granite State Electric Com MISSION. at any stockholders meeting which requires pany and Bellows Falls Hydro-Electric Cor [File No. 31-508] the consent of the holders of hot less than poration remaining as the only parties to % of the total number of shares outstanding said contract. Canton E lectric Light and P ower and entitled to vote, Canton Electric Light It appearing to the Commission that it is Company and Power Company shall report to the Com appropriate in the public interest and in the interest of investors and consumers that a ORDER DECLARING APPLICANT NOT TO BE A - mission the result of all votes cast at such meeting. hearing be held with respect to said matters SUBSIDIARY COMPANY OF SPECIFIED HOLD and that said applications shall not be granted ING COMPANIES By the Commission. except pursuant to further order of the Com At a regular session of the Securities [ seal] Orval L. DuB ois, mission : Secretary. It is ordered, That a hearing on such mat and Exchange Commission held at its ters under the applicable provisions of said office in the City of Philadelphia, Penn [F. R. Doc. 42-9278; Filed, September 18,1942; Act and the Rules and Regulations of the sylvania, on the 15th day of September 3:37 p. m.] Commission thereunder be held on September 1942. 24, 1942, at 10:00 A. M., E. W. T., at the offices Canton Electric Light and Power Com of the Securities and Exchange Commission, pany, a New York corporation, having 18th and Locust Streets, Philadelphia, Penn [File Nos. 70-593, 70-594] sylvania. On such day the hearing clerk in filed an application and amendments Room 318 will advise as to the room where thereto pursuant to section 2 (a) (8) of B ellows P alls H ydro-E lectric Corp., such hearing will be held. At such hearing the Public Utility Holding Company Act et AL. cause shall be shown why such applications of 1935, for an order declaring it not to ORDER CORRECTING NOTICE OF FILING AND shall be granted. be a subsidiary company of The United Notice is hereby given of said hearing to Corporation, or its subsidiary, Niagara ORDER FOR HEARING the above named applicants and to all in Hudson Power Corporation, or its sub In the matter of Bellows Falls Hydro- terested parties, said notice to be given to sidiary, Central New York Power Cor Electric Corporation, Joseph B. Ely, C. said applicants by registered mail and to Brooks Stevens and Henry G. Wells, as all other persons by publication in the poration; F e d e r a l R e g i s t e r . A public hearing having been held after trustee under a trust agreement dated It is further ordered, That Willis E. Monty, appropriate notice; the Commission hav January 31, 1939. or any other officer or officers of the Com ing examined the record in this matter; At a regular session of the Securities mission designated by it for that purpose, It is ordered, That Canton Electric and Exchange Commission, held at its shall preside at the hearing in such matter. Light and Power Company be, and it office in the City of Philadelphia, Penn The officer so designated to preside at such sylvania, on the 18th day of September, hearing is hereby authorized to exercise all hereby is, declared not to be a subsidiary powers granted to the Commission under company, within the meaning and for 1942. section 18 (c) of said Act and to a trial the purposes of the Public Utility Holding It appearing to the Commission that examiner under the Commission’s Rules of Company Act of 1935, of The United Cor its notice of filing and order for hearing Practice. poration, or Niagara Hudson Power Cor dated September 4, 1942 (Holding Com poration, or Central New York Power pany Act Release No. 3781) incorrectly By the Commission. Corporation, subject, however, to the fol named Olcott Palls Company as an appli [seal] Orval L. DuB ois, lowing terms and conditions: cant, and should be corrected in that and Secretary. certain other related respects: (1) If at any time, any officer, director, [F. R. Doc. 42-9311; Filed, September 19,1942; agent employer, nominee, or other repre It is ordered, That the words “Joseph 11:14 a. m.] sentative of The United Corporation, Niagara B. Ely, C. Brooks Stevens and Henry G. Hudson Power Corporation or Central New Wells, as Trustee under a Trust Agree York Power Corporation, or of any of their ment dated January 31, 1939,” be substi subsidiaries, shall be elected, appointed, or tuted for the words “Olcott Falls Com [File Nos. 31-174, 46-203, 70-598] otherwise designated as an officer, director, pany” in the caption of said order and G eneral E lectric Co., et al. agent, employee, nominee or other repre that the body of said order be amended sentative of Canton Electric Light and Power to read as follows: ORDER EXTENDING PERIOD OF EXEMPTION Company, notice thereof shall be given to AND CONDITIONALLY GRANTING APPLICA this Commission within 10 days after the Notice is hereby given that applications TION FOR ACQUISITION OF SECURITIES happening of such event; and have been filed with this Commission pursu (2) Within 30 days after December 31 of ant to the Public Utility Holding Company In the matter of General Electric Com each year, Canton Electric Light and Power Act of 1935 by Joseph B. Ely, C. Brooks Stev pany, Electrical Securities Corporation, Company shall report to this Commission any ens and Henry G. Wells, as Trustee under a and G. E. Employees Securities Corpora increases which come to its knowledge in the Trust Agreement dated January 81, 1939, a per centum of its voting securities held by registered holding company, and by Bellows tion (File Nos. 31-174) ; General Elec Central New York Power Corporation or of Falls Hydro-Electric Corporation, a subsidiary tric Company and Electrical Securities the acquisition of any of its securities by of New England Power Association, a regis Corporation (File Nos. 46-203, 70-598). Niagara Hudson Power Corporation or The tered holding company. All interested per At a regular session of the Securities United Corporation or any of their subsidi sons are referred to said applications, which and Exchange Commission, held at its aries or any decrease in the per centum of are on file in the office of this Commission, for office in the City of Philadelphia, Penn voting securities held by John W. Mc- a statement of transactions therein proposed sylvania, on the 14th day of September, Gaughey; and which are summarized as follows: (3) Within 30 days after December 31 of Joseph B. Ely, C. Brooks Stevens and Henry 1942. each year, Canton Electric Light and Power G. Wells, as Trustee under a Trust Agree General Electric Company, Electrical Company shall file with this Commission a ment dated January 31, 1939, propose to Securities Corporation and G. E. Em statement setting forth the details of the cause its subsidiary, Olcott Falls Company, ployees Securities Corporation, having performance of any service, construction, to sell all of its physical properties and made a joint and several application for loans or advances by and purchases from, or franchises which include the so-called Wilder an order extending the period of effec any contracts or agreements with (excluding Power Development at Hartford, Vermont and tiveness of an order of exemption dated the contract for the purchase of electric en Lebanon, New Hampshire, on the Connecti August 18, 1941, which order modified ergy) The United Corporation, Niagara Hud cut River consisting of certain facilities for son Power Corporation, Central New York the production and“transmission of electric and extended the effectiveness of an Power Corporation or any of their subsidi > energy, and Bellows Falls Hydro-Electric Com order dated March 16, 1938, pursuant to aries. pany proposes to purchase all of such physi section 3 (a) (3) of the Public Utility (4) Within 10 days after any stockholders cal properties and franchises for a considera Holding Company Act of 1935; and meeting of Canton Electric Light and Power tion of $200,000 which is to be payable in General Electric Company and Elec Company at which Central New York Power cash. In connection with the proposed pur trical Securities Corporation having filed Corporation has exercised a veto power over chase, Bellows Falls Hydro-Electric Corpora a joint and several application pursuant a proposed corporate change of the type spec tion will assume all the obligations of Olcott ified in Sections 16, 85, 86, 105 and 35 to 38, Falls Company under and in connection with to section 10 of said Act with respect to inclusive, of (McKinney’s) Stock Corporation a contract of October 1, 1937 for the supply the acquisition by General Electric Com Law of New York (or any amendments there of power to Granite State Electric Company pany through G. E. Employees Securi to that may be enacted in the future), or and to Bellows Falls Hydro-Electric Corpora ties Corporation and Electrical Securities 7472 FEDERAL REGISTER, Tuesday, September 22, 1942 Corporation, of 40,000 shares of common [File No. 70-415] persons affected thereby, and the Com stock of Southwestern Public Service N ewport W ater Corporation mission, accordingly, having, on July 8, Company, a registered holding company, 1942, entered its order approving said’ in exchange for 40,000 shares of common ORDER PERMITTING DECLARATION TO BECOME plan, subject to certain conditions and stock of Community Power and Light EFFECTIVE AND GRANTING APPLICATION reservations of jurisdiction, and having Company, a registered holding company, At a regular session of the Securities issued a report upon said plan pursuant under and pursuant to a merger of Com and Exchange Commission held at its to said section 11 (g) ; munity Power and, Light Company into office in the City of Philadelphia, Pa., Said applicants, having, since the en Southwestern Public Service Company, on the 18th day of September, 1942. try of said order of approval, filed cer and with respect to the acquisition by An application and declaration, and tain further amendments to their said General Electric Company through G. E. amendments thereto, having been filed application wherein approval is sought for Employees Securities Corporation and with this Commission by Newport Water certain modifications in the plan as here Electrical Securities Corporation of Corporation, a subsidiary of Ogden Cor tofore approved, and for the issuance and 16,000 shares of common stock of South poration which is a registered holding sale to the public, through underwriters, western Public Service Company pursu company, pursuant to sections 11 and 12 and otherwise, of certain securities pro ant to the exercise of rights under sub (c) of the Public Utility Holding Company posed to be issued and sold by said South scription warrants of Southwestern Pub Act of 1935, regarding its dissolution and western Public Service Company, and lic Service Company; and the distribution of its remaining assets to also of the issuance and sale of a certain A public hearing having been held on its preferred stockholders; and promissory note by Community Power said applications as amended after ap A public hearing having been held after and Light Company, and of a capital con propriate notice, the Commission having appropriate notice, and the Commission tribution by that company to Texas-New examined the consolidated record herein having considered the record in this mat Mexico Utilities Company; and made and filed its findings based ter and having made and filed its find Public hearings having been held in thereon: ings and opinion herein; respect of said further proposals, and It is ordered, That the period of effec It is ordered, That, subject to the terms the Commission having considered the tiveness of the Commission’s order of s and conditions prescribed in Rule U-24, record, as so supplemented, and having August 18, 1941, which order modified said application, as amended, be and made and filed its supplementary findings and extended the period of effectiveness hereby is granted forthwith, and said and opinion herein, and having found of an order dated Jdarch 16, 1938, pur declaration, as amended, be and hereby that said plan as so proposed to be suant to section 3 (a) (3) of said Act is permitted to become effective forth changed, or modified, is necessary to ef with respect to General Electric Com with. fectuate the provisions of section 11 (b) pany, Electrical Securities Corporation By the Commission. of said Act, and fair and equitable to the and G. E. Employees Securities Corpo persons affected thereby, that the re [ seal] O rval L. DuBois, quirements of other applicable ¡Sections ration be and hereby is extended to the Secretary. close of business on August 31, 1943 and of said Act have been met, and that no that until such date, General Electric [F. R. Doc. 42-9310; Filed, September 19,1942; adverse findings are required in respect Company, Electrical Securities Corpora 11:14 a. m.] of the several transactions hereinafter tion and G. E. Employees Securities Cor authorized by this order; poration be and they hereby are ex It is hereby ordered: empted from all those provisions of the [File No. 70-282] (1) That said plan, as so amended, be, Public Utility Holding Company Act of and the same is hereby approved, sub 1935 which would require them to reg Community P ower and L ight Co., et al. ject, however, to those conditions and ister under said Act as a public utility SUPPLEMENTAL AND AMENDATORY J1RDER reservations of jurisdiction contained in holding company; and our order entered herein on July 8,1942, It is further ordered, That the joint At a regular session of the Securities except to the extent that such conditions and several application as amended of and Exchange Commission, held at its or reservations, or any one or more of General Electric Company and Electrical office in the City of Philadelphia, Penn them, may be in conflict with anything Securities Corporation pursuant to sec sylvania, on the 14th day of September, in this order contained; tion 10 of the Act be and hereby is A. D. 1942. (2) The declaration embraced within granted and approved: Provided, how In the matter of Community Power and the subject application, as amended, as ever, That said application as amended Light Company, General Public Utilities, aforesaid, regarding the proposed issu is hereby granted and approved on the Inc., and Southwestern Public Service ance and sale by Southwestern Public condition (in addition to those terms Company, et al. Service Company of (a) First Mortgage and conditions prescribed by Rule U-24 Community Power and Light Company, and Collateral Trust Bonds, 4% Series of this Commission) that applicants sell General Public Utilities, Inc., and South due in 1972, in the principal amount of or otherwise dispose of a sufficient num western Public Service Company, each $20,000,000 (b) Serial Notes (unsecured), ber of the 56,000 shares of common stock of said named companies being a regis maturing in the principal amount of of Southwestern Public Service Company, tered holding company, and companies $500,000 annually from 1943 to 1954, in being acquired herein, in order that at subsidiary thereto^, having heretofore clusive, being in the aggregate principal the close of business on August 31, 1943 filed applications and declarations, and amount of $6,000,000, (c) 6 Y2% Cumu applicants do not directly or indirectly amendments thereto, pursuant to section lative Preferred Stock, of the par value own, control or hold with power to vote 11 (e) and other sections of the Public of $100 per share, in the aggregate par 5% or more of the outstanding voting Utility Holding Company Act of 1935, amount of $6,000,000, and (d) 185,000 securities of Southwestern Public Service whereby said applicants sought approval shares of common stock of the par value Company; and of a plan of system reorganization sub of $1 per share and transferable war It is further ordered, That the jurisdic mitted pursuant to said section 11 (e), rants evidencing certain present stock tion of this Commission be and hereby is a report upon such plan by this Commis holder’s right of subscription thereto, and reserved for the purpose of modifying or sion pursuant to section 11 (g) of said ‘(e) a promissory note in the principal revoking this order after notice and op Act and authorization for certain partic amount of $700,000 (evidencing a tem portunity for hearing as the public inter ular transactions, constituting compo porary bank loan incident to the re est* or the interest of investors and con nent parts of said plan and actions inci financing to be accomplished through sumers may warrant. dent thereto, and the Commission, after the issuance and sale of the other By the Commission. appropriate proceedings, having made securities just enumerated) and of Com [seal! O rval L. D uBois, and entered its findings and opinion munity Power and Light Company re Secretary. thereon, whereby the said plan was garding the issuance and sale of its found to be necessary to effectuate the promissory note in a principal amount IF. R. Doc. 42-9309; Filed, September 19,1942; provisions of subsection (b) of said sec not in excess of $675,000 (likewise evi . 11:14 a. m.] tion 11 and to be fair and equitable to the dencing a temporary bank loan incident FEDERAL REGISTER, Tuesday, September 22, 1942 7473 to the mechanics of said refinancing), be Note Indenture, presently proposed to be the payment of dividends before any divi permitted to become effective; executed and delivered, restricted during dends shall be declared or paid upon the Provided, The declaration regard the life of the indebtedness by said latter common stock of said company. ing the issuance and sale of the above Indenture secured. (7) That all the transactions contem identified securities is upon the express (3) That the conditions and restric plated by the Plan of Integration and condition that, so long as any of its said * tions set forth in the last preceding divi Simplification, including the acquisition 6 V2 % Cumulative Preferred Stock shall sion hereof (numbered (2)) shall take of properties and securities (and in par remain outstanding, Southwestern Pub the place of and supersede that condi ticular the acquisition of the securities lic Service Company shall provide for a tion numbered (3) in the said order of of Panhandle Power and Light Company, Sinking Fund for such stock in the this Commission of July 8, 1942, which Cimarron Utilities Company and Guy- amount and to the extent and in the condition, in substantial effect, forbade mon Gas Company), the sale of prop manner set forth in Appendix “A” at the payment of any dividend, or the erties and securities (and in particular tached to this order, and hereby made making of any other distribution upon the sale of the properties of The Kansas a part hereof by reference; the common stock of Southwestern Pub Utilities Company), the merger of Com And provided further, That Southwest lic Service Company pending the fur munity and General into Southwestern ern Public Service Company shall not ther order, or orders, of this Commis and the issuance by the latter company (i) declare or pay any dividends upon its sion; of new securities consisting of bonds, Common Stock in excess of 50% of the (4) That the declaration of Com notes, Preferred and Common Stocks, “Net Earnings of the Company Available munity Power and Light Company re and the issuance, transfer, exchange or for Dividends” (as defined in section 8 garding the making by said company of a conveyance of properties or securities of Article Second of the Indenture pro capital contribution of Texas-New Mex pursuant to said Plan of Integration and viding for the issuance of the Serial Notes ico Utilities Company of the amount of Simplification, are all necessary or ap of said Company) remaining after de the proceeds of a bank loan to be effected propriate to the Integration or Simplifi ducting from such “Net Earnings of the by said Community Power and Light cation of the holding company system of Company Available for Dividends” (a) Company in an amount not in excess of Community Power and Light Company dividends paid or accrued on the Pre $675,000 shall, and the same is hereby and to effectuate the provisions of sec ferred Stock (but not exceeding an permitted to become effective. tion 11 (b) of the Public Utility Holding amount equal to dividends computed at (5) That the acquisition from Conti Company Act of 1935, the securities and dividend rates applicable to the Preferred nental Gas and Electric Corporation of properties to be so issued, transferred, Stock on which such dividends were paid all the outstanding shares of capital exchanged or conveyed being specified or accrued) and (b) the 61/2% Cumu stock, notes and open accounts of Pan and itemized either in this order, or the lative Preferred Stock Sinking Fund re handle Power and Light Company, order of the Commission dated July 8, quirements (on an appropriate pro rata Cimarron Utilities Company and Guy- 1942, or in the findings and opinion with basis), such “Net Earnings of the Com mon Gas Company, all itemized in our respect hereto or thereto; pany Available for Dividends” and said findings of July 17, 1942, The United (8) That jurisdiction in respect of the deductions therefrom to be computed Light and Power Company, et al., Hold underwriting compensation upon the sale from September 1, 1942 up to the end of ing Company Act Release No. 3667, which of the bonds, serial notes and common the calendar month immediately preced itemization is by reference made a part stock, hereinabove identified, is hereby ing that in which it is then proposed to hereof, authorized by the said order of released the Commission having made no declare such dividend, nor (ii) declare or July 8, 1942, to be made directly by adverse findings in respect thereof, but, pay dividends on its Common Stock in Southwestern Public Service Company, in all other respects, jurisdiction over all excess of 50«f per share in any twelve may be made by The Kansas Utilities fees and expenses incurred, or to be in months’ period commencing September Company and subsequently transferred curred, in connection with said plan of 1 (the first such period commencing Sep in liquidation to said Southwestern Pub reorganization and said refinancing, and tember 1, 1942), nor (iii) make any pay lic Service Company, as described’ in said all transactions incidental thereto shall ment or distribution on such Common plan, as now amended, such acquisition continue to be reserved, pursuant to the Stock (by purchase or otherwise in money being hereby approved and authorized; Commission’s said order of July 8, 1942; or other property) other than as per (6) That the declaration of South (9) That the time within which the mitted by (i) and (ii) above; in each western Public Service Company regard several transactions authorized by the case pending the further order or orders ing the proposed payment from its cap said order of July 8, were required to be of the Commission, except that none of ital surplus of certain dividends upon the consummated, be, and the same is hereby such restrictions shall apply to any pay preferred stock presently proposed to be extended for a period of 60 days from ment which may be made in connection issued and sold by it be, and it is hereby the date of this present order. with any rights, or asserted rights, of granted and permitted to become effec By the Commission. appraisal and payment which any stock tive in respect only of the dividends for [seal] Orval L. DxrBois, holders of Community and/or General the first two quarter-annual dividend Secretary. may have under any -state statute appli periods and in all other respects said A p p e n d i x A cable to the merger of Community Power declaration relative to the payment of So long as any shares of the 6 Vi % Cumula and Light Company and General Public dividends from capital surplus is denied, tive Preferred Stock shall be outstanding, Utilities, Inc. into Southwestern Public without prejudice to the right of South Southwestern Public Service Company (here Service Company; western Public Service Company to re inafter called the “Company”) shall, out of And provided further, That Southwest new its declaration before this Commis the “Net Earnings of the Company Available ern Public Service Company shall cause sion in this connection in regard to divi for the Sinking Fund”, as hereinafter defined, to be executed and delivered to the Trus dend payments contemplated to be made or out of its earned surplus, set apart and tee under the Indenture to secure its for any subsequent period, or periods, apply, as and for a Sinking Fund for the 6 Vi % Cumulative Preferred Stock, on April First Mortgage and Collateral Trust and; 1, 1943 and on April 1 in each year there Bonds hereinabove mentioned, within 60 Provided, And the authority granted in after, to and including April 1, 1952, an days from the date hereof, an Indenture the last preceding paragraph hereof is amount of cash equal to 1 % of the aggregate supplemental to the original Indenture upon the express condition, that any par value of 6 Vi % Cumulative Preferred Stock securing said bonds, which supplemental amount which may be charged to the at any time theretofore issued by the Com Indenture shall contain a covenant re capital surplus of Southwestern Public pany, and on April 1, 1953 and on April 1 Service Company in connection with the in each year thereafter (the several dates stricting the declaration or payment of hereinbefore referred to in this sentence dividends (or other distribution) upon dividend payments so authorized to be being referred to in this Item as the “Sinking the Common Stock of that company dur charged against such capital surplus shall Fund payment date”), an amount of cash ing the continuance of the indebtedness be eliminated by credits thereto in an equal to 3% of the aggregate par value of so secured in substantially the same aggregate amount sufficient for that pur 6 Vi % Cumulative Preferred Stock at any time manner as, and to the same extent such pose from the earnings of the company theretofore issued by the Company, such declaration and payment is by the Serial which would otherwise be available for funds to be applied to the purchase or re- 7474 FEDERAL REGISTER, Tuesday, September 22, 1942 demptlon of 6%% Cumulative Preferred diately preceding such Sinking Fund pay provisions, then such moneys remaining in Stock as hereinafter provided. The Com ment date, after deducting from such “Net the Sinking Fund (if in excess of $5,000) pany shall be entitled to a credit on its Earnings of the Company Available for Divi shall be applied by the Company to the foregoing obligation to set aside cash for dends” an amount equal to the dividends paid redemption on the next succeeding March l the Sinking Fund to the extent of the costs or accrued during such calendar year on the of shares of said stock, in accordance with to It (including accrued dividends and bro Preferred Stock (but not exceeding an amount the terms of redemption provided in the kerage commissions, if any), but not exceed equal to dividends computed at dividend rate Agreement of Merger referred to above. All ing the redemption price (plus such accrued or rates applicable to the Preferred Stock on certificates for shares of 6 y2% Cumulative dividends and commissions, if any) thereof which such dividends were paid or accrued). Preferred Stock purchased, redeemed or other of all shares of 6% % Cumulative Preferred Moneys in the Sinking Fund shall from wise acquired through operation of the Sink Stock theretofore purchased, redeemed or time to time be applied by the Company to ing Fund shall be promptly cancelled by the otherwise acquired, and cancelled, by it other the purchase of 6% % Cumulative Preferred Company. wise thaj^ through operation of the Sinking Stock at private sale or in the open market, If for any reason provision for the Sinking Fund and not theretofore applied as a credit with or without advertising for tenders, at Fund shall not be made as hereinabove pro on such Sinking Fund obligation. The term the best prices obtainable by the company, vided, the deficiency (but without interest "Net Earnings of the Company Available for but not exceeding the redemption price thereon) shall be fully made up by the Com the Sinking Fund”, as used herein, shall thereof, plus accrued dividends and brokerage pany before any dividends are declared or any mean the “Net Earnings of the Company commissions, if any. If, on or before the other payment or distribution made on the Available for Dividends”, as defined in section January 15 next succeeding any such Sink Common Stock of th e Company. 8 of Article Second of the Indenture provid ing Fund payment date, the Company shall ing for the issuance of the Serial Notes of not have exhausted the moneys- in the Sink (F. R. Doc. 42-8340; Filed, September 21,1942; the Company, for the calendar year imme ing Fund in accordance with the foregoing 10:43 a. m.]