FEDERAL REGSTER VOLUME 8 1934 ^ \ NUMBER 91

Washington, Saturday, May 8, 1943

Regulations SCHEDULE I.' EQUIPMENT QUOTAS AND ALLOCA­ CONTENTS TIONS Sec. REGULATIONS AND NOTICES 1202.206 Establishment of quotas. TITLE 7—AGRICULTURE Bituminous Coal Division: Page 1202.207 Allotment of quotas to county farm Minimum price s c h e d u l e s ’ Chapter X—War Food Administration rationing committees. 1202.208 Request for adjustment of quotas amended: [FPO 3 as Amended May 6,' 1943] to cover special situations. District 1______5975 1202.209 General authority of State boards District 8__ 5976 Part 1202—F arm Machinery and over quotas. District 10______5978 Equipment 1202.210 Adjustment of State quotas by District 14______5979 the Director. NEW FARM MACHINERY AND EQUIPMENT District 15—______5980 DISTRIBUTION ORDERS AND REGULATIONS Civil Aeronautics Board: This document represents a compila­ 1202.212 Shipment of new farm machinery Western Air Lines, Inc., notice tion of Food Production Order 3 l to­ and equipment. of hearing amended______6007 gether with all announcements, amend­ FLUID MILK SHIPPING CONTAINERS AND COVERS F ederal T rade Commission: ments, supplementary orders, and inter­ Atlantic City Wholesale Drug pretations is s u e d thereunder. Some 1202.213 Special provisions for fluid miiir Co., et al., complaint and changes are also effected by this docu­ shipping containers and covers. notice of hearing______6007 ment; such changes are denoted by a TRANSFERS OF SCHEDULE I EQUIPMENT WITHOUT Terminal Messenger Service, ' notation at the end of each section which PURCHASE CERTIFICATES etc.; cease and desist or­ is changed. To the extent that any prior 1202.214 Government agencies; exports; der------5974 order of the Food Production Adminis­ non-farm use. tration is inconsistent with this compila­ Fish and Wildlife Service: 1202.215 Persons eligible to transfer Sched­ Wichita Mountains Wildlife tion, this document shall take preced­ ule I equipment only for pur­ Refuge, Okla.; fishing regu­ ence. poses of resale or experimenta­ lations.------6005 In view of the drastic limitation of tion. F ood Distribution Administration : production of new farm machinery and STANDARDS OF USE Cottonseed, peanut; soybean and equipment, it is necessary in the general 1202.216 Establishment of standards of use. corn oil; restriction on use public interest that the distribution and PERSONS ELIGIBLE TO ACQUIRE SCHEDULE X and distribution (FDO 29, use of new farm machinery and equip­ EQUIPMENT Am. 1, Corr.) ______5974 ment be so controlled as best to promote 1202.217 Proof of necessity. General Land Office: the war effort. Accordingly, this Food Land withdrawals: Production Order 3, which establishes a APPLICATIONS BY PERSONS FOR SCHEDULE I California______6006 procedure for effectuating that purpose, EQUIPMENT AND NOTIFICATIONS Nevada, revocation______6006 is issued. 1202.218 Applications for certificates to pur­ Oregon, revocation______6006 chase Schedule I equipment. Wyoming, revocation______6006 Pursuant to the provisions of Execu­ 1202.219 Preparation of application. tive Orper 9280, issued on December 5, 1202.220 Action by the county farm ration­ Interior Department (see also 1P42 (7 F.R. 10179), and Executive Order ing committee on applications. ' component agencies) : 9322 (8 F.R. 3807) issued on March 26, 1202.221 Basis for county farm rationing Coal mines possession, delega­ 1943, by the President of t! « United committee determinations. tion of authority to Solid States: It is hereby ordered, That: 1202.222 Notation of action. Fuels Administrator fo r 1202.223 Notification. War______6006 DEFINITIONS CERTIFICATES FOR PURCHASE OF SCHEDULE X Office of D efense Transportation: Sec. EQUIPMENT Delegations of authority (Ad­ 1202.201 Definitions. 1202.224 Form of certificate. ministrative Order ODT 1 ). 6001 ADMINISTRATION AND PERSONNEL 1202.225 Execution by issuing county farm Office of P rice Administration: rationing committee. Adjustments, exceptions, etc. : 1202.202 Personnel. 1202.226 Action by purchaser. International Nickel Ca, Inc_ 5987 1202.203 Duties. 1202.227 Expiration of purchase certificates. 1202.204 County farm rationing committee. 1202.228 Action by dealer. NuTone, Inc______6009 Productive W o r k e r s’ Ex­ RESTRICTIONS APPEALS change ------6001 1202.205 Restrictions of transfers. 1202.229 Appeal to State board. Fluorspar (MPR 126, Am. 3) 5987 1202.230 Action by the State board. Food commodities restriction: 17 P.R. 9647, 9795, 9796, 11100; 8 F.R. 469, 1202.231 Review of State board action. (Restriction Order 4, Am. 2) _ 5987 604, 946, 1089, 1825, 1911, 2004, 2224, 2321, 1202.232 Other appeals. (Restriction Order 4, Am. 3)_ 5988 2815, 3243, 3244. (Continued on next page) (Continued on next page) 5963 5964 FEDERAL REGISTER, Saturday, May 8, 1943

RECORDS any political subdivision or agency Sec. thereof. 1202.233 Records to be kept by the county (m) “Transfer” means any actual or FEDERAL|pEGISTER farm rationing committee. purported act or transaction, whether \ 1934 1202.234 Records and reports by dealers and or not evidenced by writing, the pur­ ' t'iWTtO’ others. pose, intent, or effect of which is to ENFORCEMENT create, surrender, release, change, or 1202.235 Criminal prosecution. alter, directly or indirectly, any right, Published daily, except Sundays, Mondays, 1202.236 Suspension orders. title, interest, or possession with respect and days following legal holidays, by the to any new farm machinery and equip­ Division of the Federal Register, The National 1202.237 Other methods of enforcement. Archives, pursuant to the authority contained 1202.238 Publicity. ment and, without limitation upon the in the Federal Register Act, approved July 26, 1202.239 Complaints of violations. foregoing, shall include the making, 1935 (49 Stat, 500, as amended; 44 U.S.C., SCOPE AND APPLICATION OF FOOD PRODUCTION execution, or delivery of any bill of sale’, ch. 8B), under regulations prescribed by the ORDER 3 chattel mortgage, receipt, agreement] Administrative Committee, approved by the contract, certificate, gift, loan, lease] President. Distribution is made only by the 1202.240 Territorial limitation. sale, barter,, or exchange, the creation Superintendent of Documents, Government FOOD PRODUCTION ORDERS 1 AND 2 or transfer of any lien, the issuance, 'Printing Office, Washington, D. C. docketing, filing, or the levy of or under The regulatory material appearing herein is 1202.241 Effect on Food Production Orders 1 and 2. any judgment, decree, attachment, exe­ keyed to the Code of Federal Regulations, cution, or other judicial process or order. which is published, under 50 titles, pursuant INCORPORATION OF SCHEDULE I to section 11 of the Federal Register Act, as The use by a dealer or manufacturer amended June 19,1937. 1202.242 Schedule I. of new farm machinery and equipment The F e d e r a l R e g i s t e r will be furnished by A u t h o r i t y : §§ 1202.201 to 1202.242, inclu­ in farming operations shall be deemed a mail to subscribers, free of postage, for $1.50 sive, issued under E.O. 9280, 9322, 7 F.R. 10179; transfer. “Transfer” shall also include per month or $15.00 per year, payable in ad­ 8 FR. 3807. delivery of any new farm machinery vance. The charge for individual copies and equipment from any person to any (minimum 15tf) varies in proportion to the DEFINITIONS size of the issue. Remit check or money agent or agency of such person or the order, made payable to the Superintendent § 1202.201 Definitions. When used in delivery thereof to any person acting on of Documents, directly to the Government Food Production Order 3: behalf of such person. Printing Office, Washington, D. C. (a) “Administrator” means the War (1) Notwithstanding the foregoing, the There are no restrictions on the republica­ Food Administrator. following shall not be deemed to be tion of material appearing in the F e d e r a l (b) “County farm rationing commit­ transfers: R e g i s t e r . tee” means the county rationing commit­ (1) The delivery of new farm machin­ tee heretofore established pursuant to ery and equipment to a repairman, or, to any other person, for the sole purpose’ CONTENTS—Continued § 1202.4 of Food Production Order 1 (7 F.R. 7301), as amended (which com­ of making repairs or adjustments. Office of Price Administration— mittees are to remain in full force and (ii) The creation, surrender, release or Continued. Page effect), or the committee established alteration of any right, title or interest Puerto Rico; pursuant to § 1202.204 hereof. in new farm machinery and equipment (MPR 183, Am. 28)__ 6000 (c) “State board” means a State which is done solely for the purpose of (MPR 183, Am. 29)______6001 U. S. D. A. War Board. securing or releasing *any obligation of Regional Offices, authorization (d) “Director” means the Director of the transferor: Provided, however, That to fix community (dollars- Food Production or, in his absence, the the transferee may not acquire such new and-cents) ceiling prices acting Director of Food Production. farm machinery and equipment except (Gen. Order 51)______6008 (q) “Application” means an applica­ for purposes of making a transfer thereof Rice, finished; export prices (2d tion for the purchase of Schedule I pursuant to the provisions of this order. Rev. Max. Export Price equipment. (2) Notwithstanding the foregoing, Reg., Am. 1)______5987 (f) “Purchase certificate” means a the delivery of new farm machinery and Rubber: certificate authorizing the purchase of equipment to a carrier for shipment or Drug sundries: Schedule I equipment. the delivery of new farm machinery and Manufacturers’ p r ic e s (g) “Applicant” means a person who equipment by a carrier to a consignee (MPR 300, Am. 6)___ 5986 has filed an application with a county shall not be deemed to be transfers to or Retail and wholesale prices farm rationing committee or with a by a carrier. (MPR 301, Am. 5)____ 5986 State board. (n) “Farm machinery and equip­ Scrap (RPS 87, Am. 5)_____ 5986 (h) “Manufacturer” means any per­ ment” means the agricultural ma­ Wool and wool tops and yarns son engaged to whatever extent in the chinery, mechanical equipment and im­ (RPS 58, including Am. 13) _ 5988 business of making or assembling new plements which are listed in Schedule I W ar P ood Administration : farm machinery and equipment. of this order and, unless otherwise indi­ Farm machinery and equip­ (i) “Distributor” means any person cated in Schedule I, does not include such ment, new (PPO 3)______5963 who accepts transfers of new farm ma­ machinery and equipment unless ft is for W ar P roduction B oard: chinery and equipment to the extent use on a farm. The term does not in­ Chromium (M -18-a-l)______5982 that such transfers are accepted for the clude attachments or repair parts, but Controlled materials plan (CMP purpose of making further transfers no item of machinery and equipment 5, int. 4 )______5984 other than for use. listed in Schedule I shall be considered Foundry equipment and repair (j) “Dealer” means any person, to be an attachment or repair part. parts, production materials whether principal or agent, engaged to (o) “Attachment” for farm machinery (P-31-a)______6009 whatever extent in the transferring of and equipment means a supplementary Istle arid istle products (M- >new farm machinery and equipment for appliance which may be added to an 138)—____ 5982 use. otherwise complete machine to extend Knit underwear, sweat shirts (k) “Type of equipment” means any the utility of such machine. and T shirts (L-247)______5984 general class of equipment, such as'trac­ (p) “Schedule I equipment”, means Sulfamic acid and derivatives tors, combines, grain drills, etc. new farm machinery and equipment (M-242)______5983 (l) “Persons” means any individual, listed in Schedule I attached hereto and Suspension orders: partnership, corporation, association, or made a part hereof. The term includes Chrome Iron & Steel Co— 5981 any other organized group of “persons” all farm machinery and equipment ex­ Clark Oil Co______5982 and shall include any agent, agency, or cept farm machinery and equipment Hightstown House Wrecking any “person” acting for or on behalf transferred for use prior to the effective Co------5981 of any of the foregoing. The term “per­ date of this order, or except farm ma­ Plumbing Service Co______5981 son” shall also include the United States chinery and equipment transferred for or any agency thereof, and a State or use pursuant to the provisions of this FEDERAL REGISTER, Saturday, May 8,1943 5965 order. Farm machinery and equipment the county, and shall not be members pursuant to this order, and shall, after transferred or used in violation of this of the county agricultural conservation being filed with the sub-committee, be order shall be deemed to be new farm committee. The regular and alternate made directly to the State board. machinery and equipment. New farm members of the county farm rationing (e) If the State board determines for machinery and equipment imported into committee shall serve without compensa­ any reason that it is desirable in the best the United States shall become subject to tion. interests of the farm machinery and this order upon its physical entry into (b) An alternate member of the county equipment rationing program that a the United States. farm rationing committee shall serve in county farm rationing committee for a (q) “Notification” means the deposit­ case of illness or other indisposition of particular county be given jurisdiction ing of any notice in the United States a regular member. No member of a over one or more other counties in the mail addressed to the last known address county farm rationing committee shall administration of this order, the State of the person being notified, or the deliv­ take part in any committee action which board may designate such county farm ery in any other manner of written notice involves the application of, or in any rationing committee to administer the to such person, and whenever this order way effects, himself, any member of his provisions of this order for such other requires the computation of time after immediate family, or other near rela­ county or counties, and it shall abolish notification, such time shall be computed tive, or his landlord, tenant, or business any county farm rationing committee from the date on which such notice was associate. An alternate member of the heretofore established for such other so deposited in the United States mail or committee, not so disqualified, shall serve county or counties. Before a State was so delivered to such person. in such cases only if the disinterested board takes any action authorized by (r) “Mail order house” means any members of the committee do not agree this paragraph, it shall obtain the ap­ person engaged in the business of trans­ on the action to be taken. proval of the Director. ferring farm machinery and equipment (c) Any member of the county farm (f) The county farm rationing com­ for use directly to transferees upon rationing committee may be removed mittee for Montgomery County, State of orders therefor received, primarily by after hearing by the State board. In Maryland, shall administer the provi­ mail, from such transferees. case of such removal, the county sions of this order for the District of [Above section as hereby amended] U. S. D. A. war board shall fill such va­ Columbia. cancy by appointment pursuant to the [Above section as hereby amended] ADMINISTRATION AND PERSONNEL provisions of paragraph (a) hereof. If § 1202.202 Personnel. The adminis­ the member removed is a member or RESTRICTIONS tration of the farm machinery and chairman of the county agricultural con­ § 1202.205 Restrictions of transfers. equipment rationing program estab­ servation committee, the vacancy shall Regardless of the terms of any contract lished by this order and the powers con­ be filled by the appointment of a qualified of sale or purchase, or other commit­ ferred upon the Administrator, insofar regular or alternate member of the ment, whenever made, no person shall as such powers relate to the administra­ county agricultural conservation com­ transfer or accept a transfer of any tion of this order, are hereby delegated mittee. Schedule I equipment except pursuant to to the Director. The Director shall be (d) If a county farm rationing com­ the provisions of this order. assisted in the administration of the mittee determines that for any reason farm machinery and equipment ration­ it cannot satisfactorily perform its duties SCHEDULE i: EQUIPMENT QUOTAS AND ing program by the State boards, the and functions under this order and that ALLOCATIONS county farm rationing committees, and such duties and functions could be more § 1202.206 Establishment of quotas. by such employees of the Department of satisfactorily performed with the assist­ (a) The Director may, from time to Agriculture as he may designate and ance of a subcommittee controlling a time, establish State quotas providing for such employees are hereby authorized to smaller geographical area, it may apply the maximum number of units of each administer the provisions of this order. to the State board for permission to es­ type of Schedule I equipment for the tablish a county farm rationing subcom­ [Above section as hereby amended] transfer of which purchase certificates mittee. If the State board determines may be issued. State and county quotas § 1202.203 Duties. The county farm under all the circumstances that such and State reserves, if any, may be altered rationing committees, the employees des­ action would be in the best interest of or revoked in the discretion of the Di­ ignated by the Director to assist in the the new farm machinery and equipment rector. administration of this order, the State rationing program, it may authorize the (b) The Director may withhold a por­ boards, and the Director shall have the county U. S. D. A. war board for. such tion of each State quota of Schedule I duties and responsibilities prescribed in county to appoint a sub-Committee con­ equipment as a national reserve to be this order and such further duties and sisting of two regular and two alternate administered by him for the making of responsibilities as may be designated. members, all of whom shall be farmers, such adjustments as he may deem neces­ [Above section as hereby amended] and a third member who shall be a mem­ sary pursuant to § 1202.210. The State ber of the county agricultural conserva­ boards may also withhold a portion of .§ 1202.204 County farm rationing tion committee. All of such regular and each State quota of Schedule I equip­ committee, (a) The county farm ra­ alternate members shall be qualified ment as a State reserve to be adminis­ tioning committee shall consist of three under paragraph (a) hereof. The mem­ tered by the State board of each such regular members and two alternate mem­ ber of the county agricultural conserva­ State for the purpose of making neces­ bers, none of whom shall be dealers. tion committee shall be the chairman sary adjustments of Schedule I equip­ One of the regular members shall be of such subcommittee. The State board ment quotas for the counties within the the chairman of the county agricultural shall designate the area in such county State.. conservation committee, who shall be to be served by the county farm rationing chairman of the county farm rationing committee and the area to be served by [Above section as hereby amended] committee. If the chairman of the the sub-committee. The county farm § 1202.207 Allotment of quotas to county agricultural conservation com­ rationing committee shall allocate from county farm rationing committees. The mittee is a dealer or, for any ôthér^rea- its quotas of each type of Schedule I Director shall forward to each State son, is unable to serve, the county Ü. S. equipment the numbers of units which board the Schedule I equipment quotas D. A. war board shall select, as a mem­ shall be available for rationing by the applicable to each such State. The ber > and chairman of thé county farm sub-committee. Any sub-committee ap­ State board shall then establish and for­ rationing committee, a regular or alter­ pointed under this paragraph shall act ward to each county farm rationing com­ nate member of the county agricultural as if it were the county farm rationing mittee the Schedule I equipment quotas, conservation committée who is hot a committee within the area designated if any, applicable to each such county. dealer. The other two regular members and the procedures in this order ap­ No county farm rationing committee and the two alternate members of the plicable to the county farm rationing shall issue a purchase certificate for the county farm rationing committee shall committee shall be applicable to any such transfer of any type of Schedule I equip­ be appointed by the county U. S. D. A. sub-committee. Appeals from any ac­ ment in excess of its quota of such war board, shall be farmers resident in tion of such sub-committee shall be made Schedule I equipment. Prior to the 5966 FEDERAL REGISTER, Saturday, May 8, 1943 establishment of a. county quota of any storage within the county in which such (a) The State boards shall act as the type of new farm machinery and equip­ equipment is located) any Schedule I county farm rationing committees in ment in Schedule I, the county farm ra­ equipment except pursuant to this order the rationing of new fluid milk shipping tioning commitee shall not issue any or to other orders or regulations issued containers and covers to dairies and purchase certificates for such type of by the Administrator or the Director, farmers’ cooperatives which operate in Schedule I equipment unless the Direc­ which orders or regulations shall be two or more counties or in a county in tor or the State board has announced added to and become part of this Food which there is no county farm rationing that no quotas will be presently estab­ Production Order 3: Provided, however, committee established. Applications for lished for such type of Schedule I equip­ That the persons designated in subpara­ the above shall be received by the State ment and has announced the cancella­ graphs (1) , (2) and (3) of this paragraph boards and the State boards shall act tion of previously established quotas, if (a) may transfer the machinery and upon such applications as if they, were any, for such type of Schedule I equip­ equipment designated in said subpara­ the county farm rationing committees ment: Provided, however, That if the graphs. and follow the procedures established in Director thereafter establishes State (1) Any dealer may transfer any this order for county farm rationing quotas for any such type of Schedule I Schedule I equipment from stocks which committees. Pursuant to such applica­ equipment, no county farm rationing it had on hand at the close of business tions the State boards may issue pur­ committee shall, thereafter, issue pur­ October 31, 1942. chase certificates. The State boards chase certificates for transfer of such (2) Any manufacturer may transfer shall not issue purchase certificates in equipment in excess of its quota. Schedule I equipment from its stocks in any other cases unless specifically so au­ [Above section as hereby amended] its branch houses, transfers, and with thorized by the Director pursuant to transfer agents, and from its stocks on § 1202.209. § 1202.203 Request for adjustment of consignment with' dealers or education (b) The procedure established by this quotas to cover special situations. Where institutions: Provided, That such equip­ order for appeals from the county farm a county farm rationing committee be­ ment. at the close of business October 31, rationing committees shall be followed lieves that the current agricultural need 1942, was in the physical possession of in appealing from the action of a State requires that it issue a purchase certifi­ such manufacturer in stocks in its board acting pursuant to this section, cate for the transfer of any Schedule I branch houses, transfers, or with trans­ except that an applicant shall file with equipment, but is unable to issue such fer agents, or was in the physical pos­ the State board a written appeal to the a purchase certificate because its. quota session of a dealer or educational insti­ Director from such action. of such Schedule I equipment has been tution to which such equipment had been (c) Any State board acting pursuant exhausted, the county farm rationing consigned by such manufacturer, or such to this section shall keep the same rec­ committee may make a request to the equipment had been consigned to such ords required of a county farm ration­ State board to increase the county quota manufacturer’s stocks in such manufac­ ing committee. of such Schedule I equipment by filing turer’s agencies described herein, and (d) Any State board may designate a written request with the State board such equipment was at the close of busi­ one or more areas within its State and setting forth the full facts of the case. ness October 31, 1942, in the hands of may appoint a committee to be responsi­ The State board in its discretion' may a carrier for delivery to such manufac­ ble for the execution of the provisions of draw upon its State reserve, if any, to turer’s stocks in such manufacturer’s this section in each such area. If such augment such quota for the county as it agencies described herein. committees are designated, they shall deems necessary. (3) Any distributor or any mail order consist of three regular members and § 1202.209 General authority of State house may transfer Schedule I equip­ three alternate members, all to be ap­ boards over quotas. A State board itself ment: Provided, That such equipment at pointed by the State board. One mem­ shall not issue purchase certificates ex­ the close of business October 31, 1942, ber, who shall be chairman, shall be a cept as provided in § 1202.213 or except was in the physical possession of such distributor or such mail order house or representative of the Food Distribution pursuant to instructions or regulations Administration, preferably the milk issued by the Director, but may add a had been consigned to, such distributor specific number of units of Schedule I or to such mail order house and was at market administrator* within the des­ equipment to the quota of a county for the close of business October 31, 1942, in ignated area; one member shall be a which the county farm rationing com­ the hands of a carrier for delivery to member of a farmers’ milk cooperative mittee may then issue purchase certifi­ such distributor or to such mail order association within the designated area; cates. However, a State board shall not house. . and one member shall be affiliated with increase a county quota in excess of the The authority granted by this para­ a dairy company within the designated then existing reserve for such State nor graph (a) of this § 1202.212 shall not be area. Each alternate shall be qualified shall the State board grant authority to deemed to authorize any manufacturer, in the same manner as the member for a county farm rationing committee to distributor, mail order house or dealer whom he is alternate. If any df the exceed that county’s then existing quota. to transfer any machinery and equip­ above interests are not represented with­ ment which was or is manufactured § 1202.210 Adjustment of State quotas under War Production Board Order in the designated area, then in lieu of a by the Director. The Director may draw L-170 or which was in manufacturer’s representative of such interest the State upon the national reserve, if any such factory and plant stocks at the close of board shall appoint a person resident reserve is established pursuant to para­ business October 31, 1942, nor shall it be within the designated area who does graph (b) of § 1202.206, to adjust the deemed to authorize the transfer of any not represent any of such interests. quotas of the different States, or may Both regular and alternate members authorize the transfer from such reserve Schedule I equipment for use except of Schedule I equipment to specific per­ pursuant to a purchase certificate. shall serve without compensation. Any sons or localities. A State board may re­ (b) The Director is hereby authorized, committee appointed under this para­ quest an allotment from any such na­ in effectuating the rationing program graph (d) shall, in rationing new fluid tional reserve withheld by the Director establishèd by this order, to issue orders milk shipping containers and covers, op­ to augment a State reserve, if any, held and to issue amendments hereto which erate in accordance with the provisions under such board’s control. Any such he deems proper to the successful dis­ of this section relating to State boards, request shall be accompanied by a state­ tribution of any type of Schedule I equipment. Orders issued by the Direc­ except that appeals from the action of ment setting forth in full the facts giv­ such committee shall be filed with the ing rise to such request. tor under the authority of this para­ graph (b) shall be deemed to be a part of committee and shall be first made to the [Above section as hereby amended] this Food Production Order No. 3. State board. DISTRIBUTION ORDERS AND REGULATIONS [Above section as hereby amended] (e) For the purposes of this order, § 1202.212 Shipment of new farm ma­ the words “fluid milk shipping containers chinery and equipment, (a) No manu­ FLUID MILK SHIPPING CONTAINERS AND and covers” or the words “milk cans and facturer, distributor, mail order house, COVERS covers” shall not refer to milk can covers dealer or other person shall transfer or § 1202.233 Special provisions for fluid which are transferred apart from the physically move (unless for purposes of milk shipping containers and covers. cans, but shall refer to milk cans trans- FEDERAL REGISTER, Saturday, May 8,1943 5967 ferred apart from the covers as well as though it is repaired or rebuilt by the agreements and statements made in his to milk cans and covers transferred as manufacturer, until it is sold for use pur­ application for such new farm machin­ units. suant to a purchase certificate. ery and equipment, and to comply with [Above section as hereby amended] [Above section as hereby amended] or conform to any other agreements and statements made in his application; and TRANSFERS OF SCHEDULE I EQUIPMENT WITH­ STANDARDS OF USE the further agreement that, if the county OUT PURCHASE CERTIFICATES § 1202.216 Establishment of stand­ farm rationing committee determines ards of use. The Director may, from after a hearing that he has failed to § 1202.214 Government agencies; ex­ time to time, establish standards of use comply with or conform to such agree­ ports; non-farm use. (a) Any Federal for each type of Schedule I equipment. ments and statements, or that he has government agency desiring any Sched­ Such standards may differ from State to made a false statement in preparing his ule I equipment, any person desiring to State and from county to county. The said application, or that any statement acquire Schedule I equipment for export county farm rationing committees and or agreement appearing in said applica­ from and consumption or use outside the all persons concerned in the administra­ tion was not made in good faith, (i) he continental United States and any per­ tion of this order shall, in any action on will not object to the entry of a judgment son desiring to acquire for non-farm applications for purchase certificates, be or decree compelling him to comply with use any Schedule I equipment may ac­ guided by such standards of use as may or conform to such agreements and quire such Schedule I equipment with­ be prescribed for the various types of statements, or (ii). he will rent or sell out purchase certificates provided there Schedule I equipment for the State and such farm machinery and equipment to is compliance with any and all applicable county in which such applications for such person or persons as the county regulations of the War Production purchase certificates are made. farm rationing committee may desig­ Board. The provisions of this para­ PERSONS ELIGIBLE TO ACQUIRE SCHEDULE I ; nate, upon such terms and at such graph (a) do not apply to any item of EQUIPMENT rental or sales prices as such applicant Schedule I equipment which is rationed and such county farm rationing com­ or otherwise allocated under this order § 1202.217 Proof of necessity. A per­ son may obtain a purchase certificate mittee may agree upon, or in case of dis­ for both farm and non-farm use. agreement, upon such terms and at such (b) No Federal government agency and a county farm rationing committee may issue such a purchase certificate rental or sales price as may be agreed desiring any Schedule I equipment or upon by a majority of arbiters, one to be person desiring to acquire Schedule I only if such person: (a) Establishes the following facts to appointed by the applicant, one to be equipment for export from and con­ appointed by the county farm rationing sumption or use outside the continental the satisfaction of the county farm ra­ tioning committee: committee and a third to be appointed United States may acquire Schedule I by such two arbiters; if such applicant equipment which is rationed or other­ (1) That such person’s present ma­ chinery and equipmént cannot handle refuses to appoint an arbiter, the rental wise allocated under this order for both or sales price shall be that fixed by the farm and non-farm use, unless such per­ the production or increased or new pro­ duction planned and required as a con­ arbiter appointed by the county farm son applies to the Director for authority rationing committee. to acquire such equipment and is tribution to the current agricultural granted such authority pursuant to the need; [Above section as hereby amended] provisions of § 1202.232. (2) That such person cannot meet his APPLICATIONS BY PERSONS FOR SCHEDULE X machinery and equipment needs by re­ EQUIPMENT AND NOTIFICATIONS [Above section as hereby amended] pairing his old machinery and equip­ § 1202.215 Persons eligible to transfer ment, by purchasing or renting used ma­ § 1202.218 Applications for certifi­ Schedule I equipment only for purposes chinery and equipment, by custom work, cates to purchase Schedule I equipment. of resale or experimentation, (a,) The by exchange of work or machinery and (a) Any person who believes that he is following persons are eligible to transfer equipment, or by any other means; entitled under this order to Schedule I or to accept a transfer without purchase (3) That failure to approve the appli­ equipment may file with the county farm certificates of Schedule I equipment au­ cation would result in a substantial re­ rationing committee for the county in thorized for distribution pursuant to this duction in the production of crops or which such Schedule I equipment is to order: Dealers, mail order houses, dis­ commodities essential to the war effort; be principally used an application for a tributors, or manufacturers, or their (4) That, if such person desires to certificate to purchase such Schedule I legal successors in interest (including but change from horse-power or mule-power equipment. Such application shall be not limited to heirs, devisees, successors, to motor power or from hand labor to filed on Form MR-20. The applications assigns, trustees in bankruptcy, receiv­ machinery, he has a good and sufficient for the Schedule I equipment referred to ers, persons distraining, levying by exe­ reason for making such change; and in § 1202.213 shall be filed on Form cution, attachment, or similar forms of (b) Satisfies the county farm ration­ MR-20 with the State board for the judicial process, or persons repossessing ing committee that the following agree­ State in which such Schedule I equip­ or taking by default). Such transfers ments have been or will be executed in ment is to be principally used. shall be for the purpose only of making good faith: (b) If, pursuant to § 1202.207, the Di­ further transfers in accordance with this (1) An agreement to turn in to the rector or the State board has announced order. dealer, or to whomever the county farm that no quotas will be presently estab­ (b) Any manufacturer may make a rationing committee may designate, for lished for any type of Schedule I equip­ transfer and any person may accept a rebuilding or for salvage of all usable ment, an application for such type of transfer of Schedule I equipment without parts, or for scrap, the machinery and Schedule I equipment shall, in addition a purchase certificate provided such equipment which he proposes to replace, to filing the application mentioned in transfer (1) is of machinery and equip­ unless such person furnishes the county paragraph (a) hereof, certify in writing ment manufactured by such manufac­ farm rationing committee with satisfac­ to the county farm Tationing committee turer: (2) is for the primary purpose of tory evidence that some other disposition that he has located a dealer or a mail experimentation and not for the purpose of the worn-out machinery and equip­ order house which he has good reason if agricultural production; (3) is in ment would better serve the national in­ to believe will transfer to him, if he is '.ccordance with .such manufacturer’s terest, or that no such disposition thereof granted a purchase certificate, the irevious usual practice of conducting is possible; Schedule I equipment for which applica­ experiments with new farm machinery (2> An agreement with the United tion is made. If such purchase -certifi­ and equipment manufactured by him; States to rent, or do custom work with, cate is granted and is presented to such and (4) is made without consideration or let others use the new farm machin­ dealer or mail order house, it shall be from the transferee. As soon as the ex­ ery and equipment on such terms and promptly returned to the issuing county perimental use is completed, the ma­ conditions as the county farm rationing farm rationing committee if delivery of chinery and equipment shall be retrans­ committee may deem necessary; the farm machinery and equipment de­ ferred to the manufacturer. Such ma­ (3) An agreement with the United scribed in the purchase certificate is not chinery and equipment shall be deemed States to use the new farm machinery made within a reasonable time. new farm machinery and equipment even and equipment in accordance with the [Above section as hereby amended] 5968 FEDERAL REGISTER, Saturday, May 8, 1943

§ 1202.219 Preparation of applica- rector or the State board has announced the applicant will be unable to fulfil] tion—(a) Forms. Copies of Form MR-20 that no quotas will be presently estab­ the statements and agreements made by may be obtained from any State board, lished, unless such applicant has filed him in his application or purchase cer­ from any county farm rationing com­ with the county farm rationing commit­ tificate. A county farm rationing com­ mittee or from any dealer. tee the certification required by § 1202.- mittee may also cancel a purchase cer­ (b) Contents—(1) Name of applicant. 218 (b) and unless the county farm ra­ tificate before the expiration date thereof The applicant shall state his name as tioning committee is convinced that said if it determines that the person to whom provided in the instructions on Form certification has been made in good faith. the purchase certificate was issued has MR-20. [Above section as hereby amended] had a reasonable opportunity to pur­ (2) Addresses. The applicant shall chase the machinery and equipment de­ state the mailing address of his residence § 1202.222 Notation of action. When scribed in such purchase certificate, but or principal place of business or office the county farm rationing committee that such person has failed to purchase and the telephone number thereof, if determines that an application shall be such machinery and equipment. any. granted, at least two members thereof (c) The Director may, in his discre­ (3) Separate applications. A sepa­ shall place their initials after the word tion, authorize county farm r a t i o n i n g rata application shall be filed for each “Approved” on Form MR-20. If the committees to issue purchase certificates type of Schedule I equipment. county farm rationing committee deter­ for limited amounts of any type of new (4) Agreements. The agreements mines that an application should be farm machinery and equipment to deal­ specified in § 1202.217 (b) Cl), (2), and granted in part only, a notation show­ ers as agents for the persons who pur­ (3) shall be incorporated in each appli­ ing the part granted, initialed by at least chase such new farm machinery and cation and the applicant’s execution of two members of the county farm ration­ equipment in small amounts. Such per­ the application shall also constitute his ing committee, shall be made on Form sons, when they purchase such machin­ execution of such agreements. MR-20. If the county farm rationing ery and equipment, shall comply with (5) Execution by applicant. The ap­ committee determines an application any requirements established by the Di­ plicant shall certify the facts stated in should be denied, at least two members rector for such purchases. thereof shall place their initials after the the application and shall sign the agree­ [Above section as hereby amended] ments contained therein in the manner word “Disapproved” on Form MR-20. and form provided therefor on Form § 1202.223 Notification. After acting § 1202.225 Execution by issuing MR-20. upon an application, the county farm county farm rationing committee. It rationing committee shall notify the ap­ shall be the responsibility of the county § 1202.220 Action by the county farm farm rationing committee, prior to the rationing committee on application. Be­ plicant of its decision. If the applica­ tion is denied, in whole or part, the rea­ issuance of a purchase certificate, to'in­ fore granting an application for a pur­ sert on the original and each copy chase certificate for Schedule I equip­ sons therefor shall be set forth on Form MR-21. The original of such form shall thereof the information designated ment, the county farm rationing com­ thereon to be filled in by the county farm mittee shall satisfy itself that the ap­ be given or mailed to the applicant, and a copy shall be attached to the applica­ rationing committee. No certificate plicant has properly executed his appli­ shall be valid unless signed by at least cation, that all the facts stated in the tion, which shall be filed systematically in the .office of the county farm ration­ one member of the county farm ration­ application are true, and that the ap­ ing committee. plicant has satisfied all the pertinent ing committee. requirements and conditions specified by [Above section as hereby amended] § 1202.226 Action by purchaser, (a) this order. Upon receiving the purchase certificate CERTIFICATES FOR PURCHASE OF SCHEDULE I executed as provided in § 1202.225, the § 1202.221 Basis for county farm ra- EQUIPMENT applicant shall sign the purchase certifi­ 'tioning committee determinations, (a) § 1202.224 Form of certificate, (a) cate and copy thereof, thereby executing The county farm rationing committee In cases in which the county farm ra­ the agreements contained therein. The shall at all times serve the objectives tioning committee authorizes an appli­ applicant may then purchase the Sched­ sought by the new farm machinery and cant to purchase Schedule I equipment, ule I equipment specified in the purchase equipment rationing program and allo­ it shall immediately issue to the appli­ certificate, at a price not in excess of the cate Schedule I equipment only for uses cant a purchase certificate for the trans­ maximum price therefor established by essential to the war effort and then in fer of such Schedule I equipment. The the Office of Price Administration. the order that such uses are most vital. certificate shall be issued on Form (b) The applicant shall at the time of The determination of facts in each case MR-22. All purchase certificates shall purchase present to the dealer the orig­ shall be made by the county farm ration­ be non-transferable. Such certificates, inal purchase certificate and copy there­ ing committee upon the basis of the which shall be prepared in triplicate, of in the form in which they were given application and all other information shall be numbered serially and all num­ to him .by the county farm rationing which comes to its knowledge. In act­ bers shall be accounted for and the serial committee except for the addition of his ing upon applications, it shall observe all number of each certificate shall be placed signature. pertinent provisions of this order as orig­ upon the appropriate application. The inally issued and as subsequently original and one copy of the certificate § 1202.227 Expiration of purchase cer­ amended. The county .farm rationing shall be given or mailed tp the applicant tificates. Transfer (as used in this sec­ committee may in its discretion request and the remaining copy shall be attached tion “transfer” shall include but shall not the applicant, or his authorized repre­ to the application. Each purchase cer­ be limited to delivery) of any Schedule I sentative, to appear in person at a des­ tificate shall show the date of its issuance equipment authorized by a purchase cer-. ignated time and place to answer perti­ and expiration, or any extension thereof. tificate must be made on or before the nent questions. If an applicant shall re­ The county farm rationing committee expiration date named in such purchase fuse to permit the county farm rationing shall use its discretion in setting an ex­ certificate. Such purchase certificate committee or its authorized representa­ piration date for a purchase certificate, shall be void if transfer is not made tives to make such inspection of his farm but such expiration date shall not be before the expiration date and any and farm machinery and equipment as earlier than 10 days or later than 60 days transfer made after such expiration date it deems necessary, his application shall after the issuance of the purchase shall be invalid. Any person who has be denied forthwith. The county farm certificate. been granted a purchase certificate pur­ rationing committee should attempt, in­ (b) A county farm rationing commit­ suant to this order may, before the ex­ sofar as practicable, to have before it all tee may, before delivery to the appli­ piration date, apply to the county farm applications for each type of Schedule I cant of Schedule I equipment described rationing committee for an extension of equipment before it issues any purchase in a purchase certificate issued by it, such date. If, under all the circum­ certificates for each such type of Sched­ cancel such purchase certificate if such stances, the county farm rationing com­ ule I equipment. committee determines that the appli­ mittee determines that the expiration (b) No purchase certificate shall be cant had made a misrepresentation in date should be extended, the county farm issued to any applicant for any type of his application or in any other matter rationing committee shall extend the ex­ Schedule I equipment for which the Di­ properly before said committee, or that piration date. An extension shall not be FEDERAL REGISTER, Saturday, May 8, 1HZ 5969

granted for more than a 30-day period to the person who is to make the deliv­ Department of Agriculture, Washington, at any one time. The original and the ery. Such person shall execute the pur­ D. C. copy of the purchase certificate must be chase certificate and forward the orig- [Above section as hereby amended] presented to the county farm rationing inal thereof to the issuing county farm committee in order that the extended rationing committee or issuing State § 1202.231 Review of State board ac­ expiration date may be noted thereon board. If delivery of the Schedule I tion. If an applicant has good reason to before any transfer is made. If, after equipment specified in any such purchase believe that the decision of the State 5 days from the expiration date of any certificate is not made before the ex­ board on his appeal is not in accordance | purchase certificate, the original of such piration date specified on such purchase with the provisions of this order, he may, l purchase certificate has not been re­ certificate, such person shall forward within 15 calendar days after notifica­ turned to the issuing county farm ra­ the original and copy thereof to the issu­ tion thereof, file with the State board a tioning committee, such issuing county ing county farm rationing committee or written petition for review by the Direc­ farm rationing committee shall make in­ issuing State board, as provided for the tor. The State board shall promptly, quiry of the applicant and determine dealer in paragraph (a) of this section. transmit such petition to the Director at whether or not transfer was made pur­ [Above section as hereby amended] the address set forth in § 1202.230 (b) suant to such purchase certificate before hereof. Such written petition shall be the expiration date thereof. If such APPEALS dated and signed by the applicant, shall transfer has not been so made, the issu­ be made under oath, and shall set forth ing county farm rationing committee § 1202.229 Appeal to State board, (a) Any applicant for Schedule I equipment the specific reasons why he believes the shall require the applicant or the dealer, decision of the State board is not in if he has possession of such purchase who has good reason to believe that the ruling of the county farm rationing com­ accordance with the provisions of this certificate, to return the original and order, and the portion or portions of this copy thereof to the issuinfg county farm mittee on his application is not in ac­ order upon which he relies. The Direc­ rationing committee. It shall be the cordance with the provisions of this or­ der may, within 15 calendar days after tor may require the furnishing of perti­ duty of the county farm rationing com­ nent information by the applicant, the mittee, at the end of 5 days after the written notification of such ruling, file county farm rationing committee, or the expiration date of a purchase certifi­ with the county farm rationing com­ State board. He may affirm, reverse, or cate, to cancel upon its books such pur­ mittee a written appeal to the State board from such ruling. modify the decision of the State board, chase certificate if the Schedule I equip- and he may remand the matter to the mént covered by such purchase cer­ (b) The applicant shall include in county farm rationing committee. The tificate has not been delivered to the such appeal a statement in writing, set­ decision of the Director shall be in writ­ transferee before-such expiration date. ting forth the specific reasons why he ing and shall be communicated to the The county farm rationing committee believes the action taken by the county applicant, to the county farm rationing shall make such cancellation regardless farm rationing committee was not in ac­ committee, and to the State board, and of the return of the outstanding original cordance with this order, stating the shall be final and conclusive. and copy of said purchase certificate. portion or portions of this order upon which he relies, and stating in full the [Above section as hereby amended] [Above section as hereby amended] facts upon which his appeal is based. § 1202.232 Other appeals. Any per­ § 1202.228 Action by dealer, (a) (c) Within 7 calendar days after re­ son seeking relief of a type not provided Upon the surrender to him of a pur­ ceiving a written appeal to the State for in this order may file with the Di­ chase certificate and copy thereof, the board, the county farm rationing com­ rector a written statement of the relief dealer shall ascertain that the original mittee shall transmit such appeal to the which he seeks and the reasons why he and copy have been properly signed by State board, along with a statement of believes he is entitled to such relief. the purchaser and shall not honor such the reasons for which the application The Director may grant such relief; certificate unless it and the copy are so was denied, except that if the county Provided, That it does not defeat or im­ signed. If the dealer so desires, he may farm rationing committee, within such 7 pair the effectiveness of the rationing forward the certificate to his supplier, day period, reconsiders such application program established by this order; and, but if the machinery and equipment and determines that the appeal shall be Provided further, That the granting of covered by such certificate is to be de­ granted, it shall not transmit such ap­ similar relief to all persons in like cir­ livered to the purchaser by the dealer, peal to the State board, but shall im­ cumstances would not hinder the ration­ the certificate shall be returned by the mediately issue a purchase certificate to ing program. The decision of the Di­ j supplier to the dealer and immediately the applicant in accordance with the rector shall be in writing and shall be {upon delivering Schedule I equipment provisions of this1 order. final. pursuant to a purchase certificate sur­ [Above sectfon as hereby amended] [Above section as hereby amended] rendered to him, the dealer shall sign § 1202.230 Action by the State board. RECORDS and date the certificate and copy thereof (a) The State board may require the in the space provided, and shall there­ " § 1202.233 Records to be kept by the upon mail the original of sudh purchase county farm rationing committee or the applicant to furnish pertinent informa­ county farm rationing committee, (a) certificate to the issuing county farm All applications for Schedule I equip­ rationing committee or the issuing State tion in addition to that furnished before ment, and papers relating thereto, re­ board. If delivery of the Schedule I the county farm rationing committee ceived by the county farm rationing equipment specified in any such pur­ with respect to the appeal pending be­ committee, shall be systematically filed in chase certificate is not made before the fore such board. The State board may its office. Records shall be kept by the expiration date specified on such pur­ affirm, reverse, or modify the ruling of committee of such pertinent and mate­ chase certificate, the dealer shall, im­ the county farm rationing committee. rial data as may be required by the mediately following such expiration date, The action of the State board shall in Director. The purchase certificates re­ return the original and the copy of such all respects be in accordance with the turned by dealers shall be attached to purchase certificate to the issuing county provisions of this order. the respective applications. farm rationing committee or the issuing (b) The State board’s decision shall (b) Lists containing the names and State board. be made as soon as is reasonably pos­ addresses of applicants who have been (b) If the dealer receives an order sible (in any event not later than 15 granted purchase certificates and the for Schedule I equipment which he does calendar days after the State board has Schedule I equipment covered by each hot have in stock and wishes a distrib­ received such appeal), shall be in writ­ respective certificate shall be available utor or manufacturer to make delivery ing, and notification thereof shall be for public inspection in the office of the directly to the transferee, he shall, as given to the applicant and to the county county farm rationing committee and provided for in paragraph (a) of this farm rationing committee. If the State shall be made available for publication. section, ascertain the regularity of the board reverses or modifies the ruling of (c) Data from all purchase certificates purchase certificate and shall then for­ the county farm rationing committee, it issued by the county farm rationing com­ ward the certificate, aloijg with his or­ shall promptly mail a copy of its deci­ mittee shall be kept for each type of der for the machinery and equipment, sion to the Director of Pood Production, Schedule I equipment on Form MR-23, 5970 FEDERAL REGISTER, Saturday, May 8, 1943

Register of Nontransferable Certificates (c) Each manufacturer, mail order shall in addition be subject to the penal­ for Purchase of New Farm Machinery house, distributor and dealer shall make ties therefor under any and all applicable and Equipment. such reports and furnish such informa­ laws. [Above section as hereby amended] tion as may be required from time to (c) Any person who conspires with time by the Administrator, the Director another person to perform any of the § 1202.234 Records and reports by or other persons or agencies designated acts described in paragraphs (a) and dealers and others, (a) (1) Each dealer herein to assist in the administration of (b) of this section may, upon conviction, transferring any item of Schedule 1 this order, subject to the approval of the be fined not more than $10,000, or im­ equipment with a selling price of $15.00 Bureau of the Budget pursuant to the prisoned for not more than two years, or or more, for which there is a manufac­ Federal Reports Act of 1942. both, and shall in addition be subject to turer’s suggested retail price, shall pre­ (d) (1) Each manufacturer.shall keep the penalties -therefor under any and all pare a copy of the itemized invoice re­ records disclosing a description of the applicable laws. quired by § 1361.5 of Maximum Price Schedule I equipment transferred by him § 1202.236 Suspensions orders, (a) Regulation No. 133 (7 F.R. 3185; 8 F.R. and also disclosing the persons to whom 234) of the Office of Price Administra­ Any person who violates any provision of such equipment was transferred and such Food Production Order No. 3, or any tion and shall forward such copy of said persons’ addresses. Such records need invoice or sales check to the issuing amendment or supplement thereto, or not be kept on a specified form, but may any agreement thereunder, may by ad­ county farm rationing committee or is­ be kept in any manner which best meets suing State board, along with the origi­ ministrative suspension order be pro­ the business practices of the persons af­ hibited from receiving any deliveries of nal of the purchase certificate. Such in­ fected, as long as the records disclose the voice or sales check shall contain a or selling or otherwise disposing of or information required by this paragraph. using any materials now or hereafter separate statement of the following Such records shall be maintained for at items; authorized to be rationed or allocated by least two years. the Administrator, including farm ma­ (1) The manufacturer’s suggested re­ (2) In connection with Schedule I tail price, f. o. b. factory. chinery and equipment rationed under equipment for which tags are required by this order. Such suspension orders shall (ii) The charge, if any, for freight and this order, each manufacturer, mail or­ manufacturer’s or wholesale distribu­ be issued by the Administrator, or by der house, distributor, and dealer shall such persons as he may designate, and tor’s handling. keep records disclosing the information (iii) The charge, if any, for dealer’s shall be effective for such period as is required to be kept by manufacturers in deemed necessary or appropriate in the handling or for special installation. subparagraph (1) of this paragraph (d) (iv) The charge, if any, for delivery public interest and to promote the se­ and shall also keep records disclosing the curity of the United States. beyond the 30-mile zone. counties and States for which Schedule (v) The amount of excise tax. if any, (b) The Director may recommend to I equipment transferred by them was di­ the Office of Price Administration, the billed separately to the dealer by the rected by the tag affixed thereto for manufacturer. transfer for use. Such records shall be War Production Board, or any other gov­ (vi) The amount of sales, use, or gross ernment agency, that any person who maintained for at least two years. violates any provision of Food Produc­ receipts tax, if any, required or per­ (e) Any person required by this Food mitted to be paid. Production Order No. 3, or any supple­ tion Order No. 3, or any amendment or In addition such invoice or sales check ment or amendment hereto, to maintain supplement thereto, or any agreement shall disclose a complete description of records of any kind shall permit duly au­ thereunder, be denied thé right to re­ the farm machinery and equipment thorized representatives of the Depart­ ceive, use, sell, or otherwise dispose of transferred pursuant to the purchase ment of Agriculture to audit and inspect any other materials which now or in the certificate, including the name of the such records and to inspect inventories future may be under allocation. manufacturer and the manufacturer’s of farm machinery and equipment held [Above section as hereby amended] model number. by such person. § 1202.237 Other methods of enforce­ (2) Each dealer transferring any item (f) The record keeping and reporting ment. The Director may also take such of Schedule I equipment with a selling, requirements in this order have been other action for enforcement of the pro­ price of $15.00 or more, for which there approved by the Bureau of the Budget visions of this order, or any amendment is no manufacturer’s suggested retail in accordance with the Federal Reports or supplement thereto, as he may deem price, and each retail store of a mail or­ Act of 1942. necessary. der house transferring any item of [Above section as hereby amended] Schedule I equipment with a selling price [Above section as hereby amended] of $15.00 or more, shall prepare a copy ENFORCEMENT § 1202.238 Publicity. In the event of of an invoice or sales check containing § 1202.235 Criminal prosecution, (a) a refusal or failure to abide by any pro­ the sales price and a complete descrip­ any person who knowingly falsifies an vision of this order, or any amendment or tion of the machinery and equipment application, purchase certificate, certifi­ supplement thereto, or in the event of transferred pursuant to the purchase cation, or any other record included any evasion or attempt to evade any pro­ certificate, and shall forward such copy within the terms of Food Production Or­ vision of this order, or any amendment or of said invoice or sales check to the is­ der No. 3, or any amendments or supple­ supplement thereto, the Director, in ad­ suing county farm rationing committee ments thereto, or who otherwise know­ dition to the foregoing shall make every or issuing State board, along with the effort to insure that complete informa­ ingly furnishes false information with tion concerning the same is given to the original of the purchase certificate. regard to any matter covered by this or­ (3) Mail order houses transferring public and to the appropriate officials of der to a county farm rationing commit­ local, State and Federal governments. through mail order channels any item of tee, State board or tc any other agent, Schedule I equipment with a selling price agency, employee, or officer of the De­ § 1202.239 Complaints of violations. of $15.00 or more, shall transmit along partment of Agriculture, may, upon con­ Any person having knowledge of a viola­ with the original purchase certificate a viction, be fined not more than $10,000 tion of any provision of this order, or true statement to the effect that the or be imprisoned for not more than 10 any amendment or supplement thereto, price for which the farm machinery and years, or both, and shall in addition be shall report the same to the county farm equipment was sold by such mail order subject to the penalties therefor under rationing committee, the State board, the house was not in excess of the price pub­ any/and all applicable laws. Director, or the Administrator. An of­ lished for such machinery and equip­ ficial or employee of the office to which ment in the mail order house’s latest cur­ (b) Any person who wilfully commits the report is made shall take such in­ rent catalog. This statement may be any act prohibited, or who wilfully fails formation as is given, securing the sig­ stamped on the purchase certificate. to perform any act required, by any pro­ nature of the person so reporting, if (b) Each dealer shall maintain for at vision of Food Production Order No. 3, possible, and transmit the report, to­ least two years a file containing the or any amendments or supplements gether with such pertinent information copies of all purchase certificates, issued thereto, may, upon conviction, be fined as may be then available, to the Director on Form MR-22, which are accepted by not more than $10,000 or be imprisoned through the State boards. such dealer. for not more than one year, or both, and [Above section as hereby amended] FEDERAL REGISTER, Saturday, May 8, 194$ 5971

SCOPE AND APPLICATION OP FOOD PRODUCTION records required by § 1202.234 (d) of this War Produc­ ORDER 3 order. tion Board Any manufacturer authorized by this order No. f § 1202.240 Territorial limitation. to distribute less than 100 percent of his au­ Farm milk coolers. Pood Production Order 3. shall apply only thorized production of any item of Schedule 241 Immersion type. within the limits of the continental I equipment may elect to distribute all his 242 Surface or tubular type. United States. current production of such equipment up to that percentage of his authorized production (3) The Director has authorised and does FOOD PRODUCTION ORDERS 1 AND 2 Which he is permitted to distribute or he may hereby authorize any manufacturer to trans­ distribute from each production unit of such fer Schedule I equipment listed in this sub- § 1202.241 Effect on Food Production equipment only the percentage which he is paragraph 13) which was produced by such Orders 1 and 2. Food Production Order permitted by this order to distribute. manufacturer prior to the effective date of, 1, insofar as it is applicable to the con­ (1) The Director has authorized and does or in compliance with, the provisions of War tinental United States, and Food Produc­ hereby authorize any manufacturer to trans­ Production Board Order L-26 and 80 percent tion Order 2 are superseded by Food Pro­ fer the Schedule I equipment listed in this of such manufacturer’s authorized produc­ duction Order 3: Provided, however, subparagraph (1) which was manufactured tion of such equipment under War Produc­ That Food Production Order 1 and Food by such manufacturer prior to the effective tion Board Order L-170. Production Order 2 shall continue to re­ date of, or in compliance with, the provisions of War Production Board Order L-26 (7 F.R. FARM PUMPS a N d W IN DM ILLS main in full force and effect for the pur­ 1795, 2940, 4331, 5396, 6148, 8460) and 100 War Produc­ pose of allowing or sustaining any suit, percent of such manufacturer’s authorized tion Board. action, prosecution, or administrative or production of such equipment /under War No. other proceedings heretofore or hereaf­ Production Board Order L-170. 221 Windmill pumps (including combina­ ter commenced with respect to any viola­ tion hand and windmill). tion committed or right or liability in­ IRRIGATION EQUIPMENT 222 Windmill heads. curred under or pursuant to the terms War Produc­ 223 Windmill towers. of such orders. “ tion Board 224 Pump jacks. No. [Above section as hereby amended] (4) A transfer of any item of Schedule I irrigation pumps: equipment listed in this subparagraph (4) INCORPORATION OF SCHEDULE I , 227 Turbine pumps, 0 to 1,200 GPM. is subject to the provisions of this order 228^ Turbine pumps, 1,200 GPM and up, § 1202.242 Schedule I. The provisions only when the transfer of such equipment belt driven. is for farm use and when the intended pur­ of Schedule I shall be deemed to be a 229 Centrifugal pumps. chase calls for the delivery during any calen­ part of this Food Production Order 3. Distribution equipment: dar quarter of more than 4,000 pounds and [Above section as hereby amended] 231 Land leveling equipment, ditchers, less than 40,000 pounds of the Schedule I corrugators and scrapers (exclud­ equipment listed below under the heading Issued this 6th day of May 1943. ing power ditchers, draglines and “Pipe” or of the Schedule I equipment listed other self-powered machines). [seal] Chester C. Davis, below under the heading “Wire and wire prod­ War Food Administrator, SPRATERS, DUSTERS, AND ORCHARD HEATERS ucts”. Accordingly, any person desiring to purchase for farm use any item listed below S c h e d u l e I 119 Spray pumps, power. under the heading “Pipe” must apply for a For the convenience of any person read­ CULTIVATORS AND WEEDERS purchase certificate if his intended purchase ing this order, the number or numbers as­ will cause his total purchases for the calendar signed to any item of Schedule I equipment 103 Rod weeders, horse or tractor drawn. quarter of the items listed below, under the heading “Pipe”, to exceed 4,000 pounds. If by War Production Board Order L-170 (8 F.R. FARM ELEVATORS AND J3LOWERS 4406) are indicated in this Schedule I. Such such a person desires to make a purchase numbers are not necessarily controlling but 188 Elevators (portable). of any item listed below under the heading will serve as an indication of the machinery 189 Elevators (stationary). “Pipe”, which will cause his total purchases and equipment which is rationed under this 190 Blowers (grain and forage). of all such items to exceed 40,000 pounds order. Certain items of Schedule I equip­ for any calendar quarter, “Tie must apply ment, as for example pressure cookers and MACHINES FOR PREPARING CROPS FOR MARKET to the Director for permission to make such milk cans and covers, are not produced under OR USE purchase. The same restrictions which ap­ War Production Board Order L-170; in such 171 Stationary hay balers, horse. ply to items listed under the heading “Pipe”, cases the appropriate War Production Board apply also to the items which are listed Order number is indicated. (2) The Director has authorized and does under the heading “Wire and wire products”. A. The Director has announced and does hereby authorize any manufàcturer to trans­ Any transfer for farm use of Schedule I hereby announce that no quotas will be fer Schedule I equipment listed in this sub- equipment listed in this subparagraph (4) presently established for Schedule I equip­ paragraph (2) which was produced by such in an amount of 4,000 pounds or less, or in ment listed in this Part A of Schedule I and manufacturer prior to the effective date of, an amount of 40,000 pounds or more, is sub­ has authorized and does hereby authorize or in compliance with, the provisions of War ject to the provisions of CMP Regulation 4 manufacturers to transfer such equipment for Production Board Order L-26 and 90 percent (8 F.R. 2575). Any person transferring resale without restriction, unless otherwise of such manufacturer’s authorized produc­ Schedule I equipment listed in this sub- provided below, as to the areas in which, or tion of such equipment under War Produc­ paragraph (4) for resale or for use other the persons to whom, such equipment shall tion Board Order L-170. than farm use shall comply with the provi­ be sold. Manufacturers shall withhold in DOMESTIC WATER SYSTEMS sions of applicable War Production Board their distribution of such equipment the per­ orders. centages of their production of such equip­ War Produc­ FIFE ment authorized by pertinent War Produc­ tion Board tion Board orders, which percentages are No. Water well casing (fabricated by a pipe mill). designated to be withheld in the subpara­ Deep well: Water well pipe. graphs of this Part A. No manufacturer shall 213 Deep well, reciprocal. Line pipe. 214 Deep well, Jet pumps. physically move or transfer (unless for pur­ WIRE AND WIRE PRODUCTS poses of storage in the county in which such Shallow well : equipment is located) Schedule I equipment 215 250-499 gals, per hour. Farm fencing. not authorized by the Director to be dis­ 216 500 gals, per hour and over. Barbed wire. tributed. Power pumps: * Poultry netting. No transfer for use of the Schedule I equip­ 217 Horizontal type, up to and includ­ Poultry flooring. ment listed in this Part A shall be made or ing 75 gals, per minute, 100 lb. Woven or welded wire fence: accepted by any person except pursuant to pressure. Hog and cattle fence. a purchase certificate issued in accordance Poultry and rabbit fence. with this order, and any person who wishes IRRIGATION EQUIPMENT Drawn wire. to purchase any item of such equipment shall 232 Portable pipe and extensions, sprin­ Bale ties. submit with his application therefor a cer­ klers. Nalls and staples. tification, as required by § 1202.218 (b) of this DAIRY FARM MACHINES AND EQUIPMENT (5) The Director has authorized and does order, that he has located a dealer or a mail hereby authorize any manufacturer to trans­ order house which he has good reason to 237 Milking machines. fer all the Schedule I equipment listed in believe will transfer to him, if he is granted 238 Farm cream separators, capacity 250 this subparagraph (5) which it manufac­ a purchase certificate, the Schedule I equip­ lbs. per hour or less. tured prior to the effective date of, and 80 ment for which application is made. 239 Farm cream separators, capacity 251 percent of such manufacturer’s authorized Manufacturers who transfer Schedule X lbs. up to and including 800 lbs. production of such equipment under War equipment listed in this Part A shall keep the per hour. Production Board Order L-30-d (8 F.R. 3766). No. 91----- 2 5972 FEDERAL REGISTER, Saturday, May 8, 1943

As used in this subparagraph (5) the term in which the metal milk cans and covers (c) Schedule I equipment which was trans­ “pressure cooker” means any device com­ transferred in the calendar year 1941 were ferred other than for use from such manu­ monly known as a pressure cooker or pres­ distributed. Upon the passage of a reason­ facturer’s factory or plant stocks pursuant sure canner which may be used for canning able time after a person entitled to purchase to appeal granted by the Special War Board food products under steam pressure, which from any manufacturer metal milk cans and Assistant to the Secretary or by the Director has a capacity of from 5 up to and including covers for resale has been notified by such under Food Production Order No. 2 or Food 14 one-quart glass jars and which is equipped manufacturer of such manufacturer’s inten­ Production Order No. 3. with a dial, Indicating or weighted gauge, a tion to sell such metal milk cans and covers Transfers from these groups are condi­ venting device, and a safety valve. Pressure to other persons, a manufacturer may as­ tioned upon compliance with the following cookers are subject to the provisions of this sume that such a person is not going to regulations: order, regardless of whether tlfey are for place an order for the metal milk cans and (1) No manufacturer shall transfer such farm or non-farm use. -covers which such person is entitled to pur­ equipment until he has received from the Applications for purchase certificates for chase under this section. Metal milk cans Director a distribution plan directing the pressure cookers shall be filed in accordance and covers available for 'distribution by a distribution of such equipment. with the provisions of § 1202.218 of this order, manufacturer for any of the reasons stated (2) Any manufacturer who makes a trans­ except that applications for pressure cookers in this subparagraph (ii) may be transferred fer of such Schedule I equipment shall, prior shall be filed on Form MR-20a. by such manufacturer either for resale or use to the transfer of such equipment to a retail A State board may, in the manner it deems in the same State in which the previous dealer, provide and cause to be attached se­ most practical, provide for the rationing of transfer by such manufacturer was made. curely to each item of equipment so trans­ pressure cookers in any county in such State (iii) A manufacturer of new metal milk ferred a tag, in the form prescribed by the in which no county farm rationing commit­ cans and covers shall prorate, insofar as the Director, which shall clearly state the name tee has been previously established. In the number of purchase certificates is adequate, of the county and State in which, acoording establishment of county farm rationing com­ his distribution for use of metal milk cans to the distribution plan provided by the Di­ mittees in such counties, a State board may and covers among the States" in which such rector for the manufacturers of such equip, provide for exceptions to the »personnel re­ manufacturer transferred new metal milk ment, said equipment is directed for transfer quirements of § 1202.204 of this order. cans and covers for use in the calendar year for use. No person shall remove such tag Persons appointed by a State board pur­ 1941. Such proration in each State shall be from any item of such Schedule I equipment suant to this subparagraph (5) to assist on the basis of the percentage of such manu­ except as otherwise indicated in this order in the rationing of pressure cookers are facturer’s total prodüction of metal milk or change the wording or permit the wording hereby authorized to administer the func­ cans and covers in the calendar year 1941 thereon to become illegible without immedi­ tions assigned to them by such State board. distributed for use in such State. ately replacing the tag in its original condi- MISCELLANEOUS (iv) Transfers of metal milk cans and tion, except that a transferee for use may covers by any manufacturer to a United remove such tag upon delivery of such Sched­ War Produc­ States government agency or to any person ule I equipment to him pursuant to a pur­ tion Board for export to and consumption or use in any chase certificate for such equipment issued No. foreign country shall not be made without by the county farm rationing committee for L-30-d Pressure cookers. the prior written consent of the Director of the county named on such tag. (6) New metal milk cans and covers are Food Production, and when. made shall be (3) No person shall transfer for use and subject to the provisions of this order, re­ charged against the 30 percent of such manu­ no person shall accept a transfer for use of gardless of whether they are for farm or facturer’s authorized production, which has any Schedule I equipment listed in this Part non-farm use. The Director has authorized not been authorized for transfer. Any such B unless such transfer is effected pursuant and does hereby authorize any manufacturer transfers previously made by any manufac­ to a purchase certificate issued by the county of new metal milk cans and covers to trans­ turer in accordance with the provisions of farm rationing committee for the county fer such milk cans and covers in accordance Food Production Order No. 3 shall likewise named on the tag affixed to such Schedule I with the following regulations: be charged against such manufacturer’s 30 equipment in accordance with the provisions (i) Any manufacturer of new metal milk percent reserve- Transfers to any person, of this Part B of Schedule I. cans and covers may transfer without a pur­ other than a United States government (4) Manufacturers, mail order houses, dis­ chase certificate to other manufacturers, dis­ agency, for use by such person in serving a tributors, aqd dealers, when they have on tributors, mail order houses, or dealers, pro­ United States government agency are not hand Schedule I equipment listed in this vided such trariSfers are not for use, or may within the category of transfers to a United Part B which they wish to transfer for use transfer for use by the transferee upon pres­ States government agency. by the transferee, shall forward to the county entation of a purchase certificate all metal (7) The Director has authorized, and does farm rationing committee for the county milk cans and covers manufactured prior to hereby authorize, any manufacturer to trans­ named on the tag on each item of such ma­ the effective date of, and 70 percent of such fer Schedule I equipment listed in this sub- chinery and equipment that portion of such manufacturer’s production of metal milk cans paragraph (7) which was produced by such tag which is designated for transmittal to and covers authorized by War Production manufacturer prior to the effective date of, the county farm rationing committee by a Board Order M-200 (7 F.R. 7808). and 100 percent of such manufacturer’s au­ person who desires to transfer such Schedule (ii) Each manufacturer of new metal milk thorized production of such Schedule I I equipment for use. cans and covers shall distribute for resale equipment under, War Production Board Or­ (5) (i) A State board may order that the metal milk cans and covers which are der L-190 (8 F.R. 5625). As used in this sub- changes be made in distribution plans issued authorized for transfer by him to the same paragraph (7) the term “farm scales” refers by the Director which control persons who distributors, mail order houses, or dealers to farm scales having a retail price of more hold Schedule I equipment for distribution to whom such manufacturer distributed than $5.00 and less than $50.00. in such State, Provided, That such orders metal milk cans and covers for resale in the MISCELLANEOUS shall conform to the requirements of one calendar year 1941, and shall prorate the dis­ of the following subparagraphs (5) (i) (a), tribution of such metal milk cans and covers War Produc­ (5) (i) (b), and (5) (i) (c ): for resale to such persons on the basis of tion Board (a) If any person holding Schedule I equip­ the percentage which the number of metal No. ment for sale in any State desires to exchange milk cans and covers of all types and sizes I/-190 Farm scales. with another person or .other persons the distributed by such manufacturer to such distribution plan, or any part thereof, con­ person for resale in the calendar year 1941 [Part A above as hereby amended] trolling his distribution of such Schedule I bore to the total number of metal milk cans B. The Director either has established or equipment, and if such person locates another and covers produced by such manufacturer will establish quotas for the Schedule I person or other persons Who hold the same in the calendar year 1941. If any distributor, equipment listed in this Part B of Schedule I. type of Schedule I equipment for distribution dealer or mail order house to which such Manufacturers, mail order houses; distribu­ in the same State and who are willing to manufacturer distributed milk cans and tors and dealers who transfer Schedule I participate in such exchange, then all such covers in the calendar year 1941 is no longer equipment listed in this Part B shall keep persons may petition the State board for in the business of buying and selling metal the records required by § 1202.234 (d) of this such State for an order authorizing the ex­ milk cans and covers, or does not desire to order. change upon which they have agreed. The purchase metal milk cans and covers from The Director has authorized and does here­ State board may order that such exchange such manufacturer, or if such manufac­ by authorize any manufacturer to transfer be made, if it determines to its satisfaction turer is genuinely unable to ascertain if any from the following groups Schedule I equip­ that such exchange will expedite the program transfer made by it to any person in the ment listed in this Part B: for rationing new farm machinery and calendar year 1941 was for resale or for use, (a) Schedule I equipment which was in equipment within such State by preventing such manufacturer shall distribute the tt. ï physical possession of such manufac­ the impairment of established dealer rela­ number of metal milk cans and covers which turer, in its factory, or plant stocks at the tionships or existing service facilities, making it is authorized by this order to distribute close of business, October 31, 1942. new farm machinery and equipment available on the basis of such transfer in the calendar $ (b) Schedule I equipment heretofore or for sale in areas in which it is most adaptable year 1941 to any other distributors, mail hereafter manufactured by such manufac­ for use, or accomplishing some similar pur­ order houses, dealers or other persons who turer pursuant to the provisions of War Pro­ pose. Such exchange shall not alter the will assure distribution in the same States duction Board Order L-170, quantity of any type of machinery and equip- FEDERAL REGISTER, Saturday, May 8, 1943 5973

naent planned for distribution or provided for shall apply to the Issuance of purchase cer­ PLANTING, SEEDING AND FERTILIZING MACHINERY distribution in any county before the ex­ tificates for such equipment. Furthermore, change was authorized. Orders Issued pur­ the requirements of sub-paragraphs (2) and War Produc-. . * suant to this subparagraph (5) (i) (a) shall (3) of Part B of Schedule I, Insofar as they tion Board affect the distribution of machinery and provide for the transfer of such equipment No. equipment only in the State served by the for use in any particular county of such Planters, horse and tractor drawn: issuing State board and such orders shall be State, shall be automatically cancelled by 4 Two row, corn planters. issued only upon the request and consent of such an announcement by a State board. 5 Two row, corn and cotton planters. the agreeing persons who hold for sale the Such an announcement shall not, however, 6 Three row and over, corn planters. Schedule I equipment involved in the alter the requirement that an item of Planters, tractor mounted: exchange. Schedule I equipment listed in Part B of 8 One row, corn planters. (6) If a State board determines that Schedule I be transferred for use in the State 9 One row, corn and cotton planters. changes in the distribution plans providing named on the tag provided for such equip­ 10 Two row, corn planters. for distribution of Schedule I equipment ment. The provisions of subparagraph (4) of 11 Two row, corn and cotton planters. within such State will result in a more Part B of Schedule I shall not apply to any 12 Three row and over, corn planters. efficient use of farm machinery and equip­ person wishing to transfer for use Schedule 13 Three row and over, corn and cotton ment and will benefit the food production I equipment, county quotas for which have planters. program within the State, the State board been cancelled by a State board pursuant to 14 Potato planters, horse or tractor may order that such changes be made. In this subparagraph (5) (i) (c). drawn. making such changes, a State board may in­ (ii) A State board which issues an order 15 Transplanters, horse or tractor drawn. crease or decrease county quotas of any item under the authority of this subparagraph (5) Listers with planting attachments, of Schedule I equipment in order to make shall order the changing of tags which, pur­ horse or tractor drawn. such quotas conform to the adjusted distri­ suant to the provisions of this Part B, accom­ 18 Two row. bution plans, provided that the sum of all pany the affected Schedule I equipment. A 19 Three row and over. , county quotas of any type of Schedule I State board issuing such an order shall desig­ Listers with planting attachments, equipment shall not be increased above the nate specifically the changes to be made in tractor mounted: State quota of such item and provided such tags, and the person or persons having 20 One row. further that immediate notification must be possession of Schedule I equipment affected 21 Two row. given to the county farm rationing commit­ by this order shall promptly make the changes 22 Three row and over. tee for any county for which a quota is on the tags as ordered and report to the State 23 Beet drills, horse or tractor drawn. changed. board as soon as the changes are complete. Grain drills: No order shall be issued by a State board If the tag on any item of Schedule I equip­ 24 One horse, 3 or 5 disc drills. pursuant to the provisions of this'subpara­ ment is changed pursuant to an order Issued 25 Fertilizer drills, horse or tractor graph (5) (i) (b) unless such State board by a State board under the authority of this drawn. has taken the following factors into con­ paragraph (5), such machinery and equip­ 26 Plain drills, horse or tractor drawn. sideration and has determined, in light of ment shall thereafter be treated for the pur­ Lime spreaders (sowers) ? such consideration that the order should poses of this order as though the altered tag 33 Wheeled type, horse or tractor be issued. had been originally affixed to such machinery drawn. (1) With, few exceptions, ne'cessary adjust­ and equipment. 34 Endgate type. 35 Truck body type. ments should be effected by properly dis­ (iii) Any person who holds Schedule I tributing the farm machinery and equip­ Manure spreaders: equipment for sale in any State shall comply 36 Four wheeled, horse or tractor ment in excess of the announced county with orders issued by the State board for such quotas. drawn. State under the authority of this subpara­ 37 Two wheeled, tractor drawn. (2) Changes in distribution plans for any graph (5): Provided, That, if such person, farm machinery and equipment should be prior to his receipt of an order issued under PLOWS AND LISTERS made, if possible, before such farm machinery the authority of this subparagraph (5) (i) Moldboard plows, tractor drawn or and equipment reaches the hands of dealers. (b), has entered into a sales contract for, or mounted: (3) Changes in distribution plans should lias prepared bills of lading covering the ship­ 47 One bottom, tractor drawn. be made only to correct obvious inequities ment of, the Schedule I equipment affected 48 Two bottom, tractor drawn. in distribution and to cope with emergency by such order, such person, if he does not 49 Three bottom, tractor drawn. needs. consent to such order, shall be deemed to 50 Four bottom, tractor drawn. (4) Careful consideration should be given have complied with such order if within 48 52 One bottom, tractor mounted. to the adaptability of farm machinery and hours after his receipt of such order he de­ 53 Two bottom, tractor mounted. equipment to areas in which the. redistribu­ livers or mails such order to the issuing State Disc plows, tractor drawn or mounted: tion is being made. board along with an explanatory statement 55 One disc, tractor drawn. (5) There is urgent necessity for efficient furnishing the name and address of the per­ 56 Two disc, tractor drawn. * use of transportation facilities, both because son to whom each item of Schedule I equip­ 57 Three disc, tractor drawn. of the national transportation problem and ment covered by such order has been desig­ 58 One disc, tractor mounted. the increased cost to the farmer brought nated by such contract or bills of lading and 59 Two disc, tractor mounted. about by reshipments. furnishing also the date on which each such 63 One way disc plows or tillers. (6) Service facilities, dealer representation, item is scheduled for delivery to the trans­ Listers, horse or tractor drawn (Mid- and other related factors should be con­ feree. If such person does not deliver or mail dlebusters without planting at­ sidered. such order to the issuing State board along tachment) : (c) (i) If eC State board determines that with the statement described above within 48 65 Two row, horse or tractor drawn. in such State the distribution of any type of hours after his receipt thereof, he shall be 66 Three row and larger, horse or trac­ Schedule I equipment listed in Part B of deemed to have consented to the terms of tor drawn. Schedule I would be more effectively accom­ such order. Listers, .tractor mounted (Middle- plished by cancelling the county quotas of (6) Any State board may provide a dis­ busters without planting attach­ such an item of Schedule I equipment in tribution plan to control the distribution of ment) : such State and thereby permitting the trans­ Schedule I equipment which has been desig­ 67 One row, tractor mounted. 68 Two row, tractor mounted. fer of such Schedule I equipment for use in nated by the Director for sale in such State but for which the Director has not named 69 Three row and larger, tractor any county in such State, the State board the particular county in which such Sched­ mounted. may announce the cancellation of county ule I equipment should be sold. Any orders HARROWS, ROLLERS, PULVERIZERS quotas of such an item in such State: Pro­ issued by a State board under the authority vided, That no State board shall announce of this subparagraph (6) shall conform to Harrows: the cancellation of county quotas of any the following requirements: 78 Spike tooth harrow sections, horse or tractor drawn. item of Schedule I equipment unless the Di­ (i) A copy of any order issued under this 79 v Spring tooth harrow sections, horse rector has previously authorized such action. subparagraph (6) shall be promptly for­ or tractor drawn. Immediate notification of such cancellation warded by the State board to the Director. 80 Disc harrows, horse or tractor shall be given by the State board to county (ii) Orders should, insofar as possible, pro­ drawn. farm rationing committees within the State, vide for the distribution of Schedule I equip­ 81 Disc harrows, tractor mounted. to manufacturers who distribute the item in­ ment in accordance with established county 83 Soil Pulverizers and packers. volved for transfer for use in the State and quotas. CULTIVATORS AND WEEDERS to the Director. (iii) As* changes in county quotas are Cultivators, horse and tractor drawn: (2) If, pursuant to this subparagraph (5) deemed necessary by a State board, the State 93 One row, riding, two horse. (i) (c), a State board announces the can­ board shall give appropriate notice of such 95 Beet cultivators. cellation of county quotas of any item of changes to the county farm rationing com­ 96 Field cultivators. Schedule I equipment, the provisions of mittees affected, and shall advise the Direc­ 96a • Field cultivators and tillers, tractor §§ 1202.207, 1202.218 (b) and 1202.221 (b) tor of the changes. mounted. 5974 FEDERAL REGISTER, Saturday, May 8, 1943

CULTIVATORS AND WEEDERS— COn. MACHINES FOR PREPARING CROPS FOR MARKET similar printed or written material, and or u s e — continued War Produc­ among other things, as in order set forth, tion Board War Produc­ (1) using the words “Terminal Mes­ No. tion Board senger Service”, or any other word or Cultivators, tractor mounted: No. words of similar import, to designate, de­ 98 One row. 176 Cleaners and graders, corn and grain. scribe, or refer to respondent’s business; 99 Two row. 177 Potato sorters and graders. or otherwise representing, directly or by 100 Three and four row. 101 Five row and over. TRACTORS implication, that respondent operates 102 Rotary hoes, horse or tractor drawn. Tractors, wheel type: any messenger service; or representing, Weeders: 192 Tractors, wheel, special purpose, un­ directly or by implication, (2) that re­ 104 Tooth weeders, horse or tractor der 30 h. p. spondent’s business is located in any drawn. 193 Tractors, wheel, special purpose, 30 “terminal” building, or that respondent’s 104a Tooth weeders, tractor mounted. h. p. and over. business is in any manner connected 194 Tractors, wheel, all purpose, under SPRAYERS, DUSTERS AND ORCHARD HEATERS with the transportation of goods over 30 h. p. railroads , or other public transportation 108 Power sprayers. 195 Tractors, wheel, all purpose, 30 h. p. agencies, or with the delivery of goods so 109 Traction sprayers. and over. Dusters: 196 Garden tractors (including motor transported, or with the handling or de­ 121 Power dusters. tillers), livery of express shipments or travelers’ 122 Traction dusters. baggage; or (3) that persons concerning ENGINES whom information is sought through re­ HARVESTING MACHINERY Engines (one or more but under 5 spondent’s form letters, envelopes, or Combines, harvester-threshers: h. p .): other material are or may be consignees 126 Width of cut, 6 feet and under. 199 Air cooled. of goods which have been received by 127 Width of cut, over 6 feet, including 200 Water cooled. respondent from railroad or other public 10 feet. Engines (five or more but under 10 10 h. p.): transportation agencies, or that the in­ 128 Width of cut, over 10 feet. 201 Air cooled. formation sought through such means is Grain and rice binders: 202 Water cooled. for the purpose of enabling respondent 129 Grain binders, ground drive. to make delivery of any goods or pack­ 130 Grain binders, power take-off drive. FARM WAGONS AND TRUCKS 131 Rice binders. ages to such persons; prohibited. (Sec. 205 Wagons, farm without boxes. 5, 38 Stat. 719, as amended by sec. 3, 52 132 Corn binders (row binder), horse or 206 Trucks, farm (not motortrucks). tractor drawn. Stat. 112; 15 U.S.C., sec. 45b) [Cease Corn pickers: [Part B above as hereby amended] and desist order, Terminal Messenger Service, etc., Docket 4897, April 29, 19431 133 One row, mounted type. [F. R. Doc. 43-7189; Filed, May 6, 1943; 134 Two row, mounted type. 11:38 a. m.] 135 * One row, pull type. § 3.69 (a) Misrepresenting oneself 136 Two row, pull type. and goods—Business status, advantages 137 Field ensilage harvesters, row type. or connections—Connections and ar­ Potato diggers: Chapter XI—Food Distribution rangements with others: § 3.69 (a) 138 Walking plow type. Administration Misrepresenting oneself and goods— 139 Horse or tractor. [FDO 29, Amendment 1] Business status, advantages or connec­ 140 Pea and bean harvesters, row type, tions—Foreign status, "branches, etc.: horse or tractor. Part 1460—F ats and Oils §3.69 (a) Misrepresenting oneself and 141 Beet lifters, horse or tractor. RESTRICTIONS ON THE USE AND DISTRIBUTION goods—Business status, advantages or HAYING MACHINERY OF COTTONSEED, PEANUT, SOYBEAN, AND connections—Nature, in general: § 3.69 CORN OIL (a) Misrepresenting oneself and goods— 146 - Mowers, ground drive, horse or tractor Business status, advantages or connec­ drawn. Correction 147 Mowers, power take-off drive: Tractor tions—Sise or equipment: § 3.72 (nlO) mtd. or semi-mtd. In the ninth line of § 1460.13 (e) in Offering deceptive inducements to pur­ Rakes: the document appearing on page 5619 of chase or deal—Terms and conditions: 148 Sulky, dump. the issue for Friday, April 30, 1943, the § 3.96 (b) Using misleading name— 149 Side delivery, inc. comb, side rakes word “supplemented” should be “supple­ Vendor—Nature, in general. In con­ and tedders. mental”. nection with offer, etc., in commerce, of 150 Sweep. respondent’s printed forms, form letters 151 Hay loaders. and envelopes, or any other similar 152 Stackers (stationary type). 152a Combination stacker loaders. printed or written material, and among 153 Pick-up hay balers. TITLE 16-COMMERCIAL PRACTICES other things, as in order set forth, (1) using the words “Pioneer Inheritance MACHINES FOR PREPARING CROPS FOR MARKET Chapter I—Federal Trade Commission Service”, or any other word or words of OR USE [Docket No. 4897] similar import, to designate, describe, or Stationary threshers (grain, rice and refer to respondent’s business; or other­ alfalfa): Part 3—D igest of Cease and Desist wise representing, directly or by implica­ 158 Threshers, width of cylinder under Orders tion, that respondent’s business bears 28 inches. any relation to decedents’ estates or to 159 Threshers, width of cylinder 28 TERMINAL MESSENGER SERVICE, ETC. inches and over. the rights or interests of heirs therein; 160 Stationary pea and bean threshers. § 3.69 (a) Misrepresenting oneself or representing, directly or by implica­ 162 EnsU^ge cutters (silo fillers); and goods—Business status, advantages tion, (2) that respondent has corre­ 163 Peed cutters, hand and power (ex­ or connections—Connections and ar­ spondents in all principal cities of the cluding hand feed cutters). rangements with others: § 3.69 (a) Mis­ world; (3) that respondent acts as coun­ Corn shellers: representing oneself and goods—Busi­ sellor to those in charge of decedents’ 166 Power corn shellers, cylinder (150 ness status, advantages or connections— estates, or that respondent is engaged bu. and under). Location: § 3.69 (a) Misrepresenting in the business of locating missing heirs; 167 Power corn shellers, cylinder (over oneself and goods—Business status, ad­ (4) that respondent examines titles to 150 bu.). vantages or connections—Nature, in Corn huskers and shredders: property; (5) that respondent is engaged 168 Combination corn husker-shred- general: § 3.72 (n 10) Offering deceptive in genealogical research, or in the ders. inducements to purchase or deal—Terms searching of records; or (6) that per­ Stationary hay balers: and conditions: § 3.96 (b) Using mis­ sons concerning whom information is 172 Engine or belt power. leading name—Vendor—Nature, in gen­ sought through respondent’s form let­ Feed grinders and crushers: eral. In connection with offer, etc., in ters or other material have or may have 174 Power, burr type. commerce, of respondent’s printed forms, any interest in decedents’ estates or any 175 Hammer and roughage mills. form letters and envelopes, or any other other property; prohibited. • (Sec. 5, 38 FEDERAL REGISTER, Saturday, May 8, 1943 5975

Stat. 719, as amended by sea. 3, 52 Stat. 2. Representing, directly «or by impli­ TITLE 30—MINERAL RESOURCES 112; 15 U.S.C., sec. 45b) [Cease and cation, that respondent’s business is lo­ desist order, Terminal Messenger Serv­ cated in any “terminal” building, or that Chapter III—Bituminous Coal Division ice, etc., Docket 4897, April 29, 19433 respondent’s business is in any manner {Docket No. A-1961] § 3.55 Furnishing means and instru­ connected with the transportation of mentalities of misrepresentation or de­ goods over railroads or other public P art 321—Minimum P rice S chedule, ception: § 3.69 (a) Misrepresenting transportation agencies, or with the de­ D istrict No. 1 oneself and goods—Business status, ad­ livery of goods so transported, or with the handling or delivery of express ship­ order granting relief vantages or connections—Nature, in ments or travelers’ baggage. general: § 3.72 (nlO) Offering deceptive 3. Representing, directly or by impli­ Order granting temporary relief and inducements to purchase or deal— conditionally providing for final relief Terms and conditions. In connection cation, that persons concerning whom with offer, etc., in commerce, of re­ information is sought through respond­ in the matter of the petition of District spondent’s printed forms, form letters ent’s form letters, envelopes, or other Board No. 1 for the establishment of and envelopes, or any other similar material are or may be consignees of price classifications and minimum prices printed or written material, and among goods which have been received by re­ for the coals of certain mines in Dis­ spondent from railroad or other public trict No. 1 and for changes in sliipping other things, as in order set forth, using, transportation agencies, or that the in­ or supplying to others for use, printed formation sought through such means points for certain other mines in Dis­ forms, form letters, envelopes, or other is for the purpose of enabling respond­ trict No. 1. material which represent, directly or by ent to make delivery of any goods or An original petition, pursuant to sec­ implication, that respondent’s business tion 4 II (d) of the Bituminous Coal Act is other than that of obtaining informa­ packages to such persons. tion for use in the collection of debts, 4. Using the words “Pioneer Inherit­ of 1937, having been duly filed with this or that the information sought through ance Service,” or any other word or Division by the above-named party, re­ such means is for any purpose other words of similar import, to designate, de­ questing the establishment, both tem­ than for use in the collection of debts; scribe, or refer to respondent’s business; porary and permanent, of price classi­ prohibited. (Sec. 5, 38 Stat. 719, as or otherwise representing, directly or fications and minimum prices for the by implication, that respondent’s busi­ coals of certain mines in District No. 1 amended by sec. 3, 52 Stat. 112; 15 ness bears any relation to decedents' U.S.C., sec. 45b) [Cease and desist or­ estates or to the rights or interests of and for changes in shipping points for der. Terminal Messenger Service, etc., heirs therein. certain other mines in District No. 1; Docket 4897, April* 29, 19433 5. Representing, directly or by impli­ and In the Matter of Charles D. Hustead, an cation, that respondent has correspond­ It appearing that a reasonable show­ Individual Trading Under the Names ents in all principal cities of the world. ing of necessity has been made for the Terminal Messenger Service and Pio­ 6. Representing, directly or by impli­ granting of temporary relief in the man­ neering Inheritance Service cation, that respondent acts as counsel­ ner hereinafter set forth; and At a» regular session of the Federal lor to those in charge of decedents’ No petitions of intervention having Trade Commission, held at its office in estates, or that respondent is engaged in been filed with the Division in the above- the City of Washington, D. C., on the the business of locating missing heirs. 7. Representing, directly or by impli­ entitled matter; and 29th day of April, A. D. 1943. cation, that respondent examines titles The following action being deemed This proceeding having been heard by to property. necessary in order to effectuate the pur­ the Federal Trade Commission upon the poses of the Act; complaint of the Commission and the 8. Representing, directly or by impli­ answer of respondent, in which answer cation, that respondent is engaged in It is ordered, That, pending final dis­ respondent admits all the material alle­ genealogical research, or in the search­ position of the above-entitled matter, gations of faet set forth in the complaint ing of records. temporary relief is granted as follows: and waives all intervening procedure and 9. Representing, directly or by impli­ Comniencing forthwith § 321.7 (Alpha­ cation, that persons concerning whom betical list of code members) is amended further hearing as to the facts, and thë information is sought through respond­ Commission having made its findings as ent’s form letters or other material have by adding thereto Supplement R, and to the facts and its conclusion that the or may have any interest in decedents’ § 321.24 (General prices) is amended by respondent has violated the provisions of estates or any other property. *. adding thereto Supplement T, which the Federal Trade Commission Act: 10. Using, or supplying to others for supplements are hereinafter set forth It is ordered, That the respondent, use, print»! forms, form letters, enve­ and hereby made a part hereof. Charles D. Hustead, individually and lopes, or other material which represent, trading as Terminal Messenger Service It is further ordered, That pleadings directly or by implication, that respond­ in opposition to the original petition in and as Pioneer Inheritance Service, or ent’s business is other than that of ob­ trading under any other name, and his the above-entitled matter, and applica­ taining information for use in the col­ tions to stay, terminate or modify the agents, representatives, and employees, lection of debts, or that the information directly or through any corporate or temporary relief herein granted may be other device, in connection with the of­ sought through such means is for any filed with the Division within forty-five fering for sale, sale and distribution in purpose other than for use in the col­ (45) days from date of this order, pur­ commerce, as “commerce” is defined in lection of debts. suant to the rules and regulations gov­ the Federal Trade Commission Act, of re­ It is further ordered, That the re­ erning practice and procedure before spondent’s printed forms, form letters spondent shall, within sixty <60) days af­ the Bituminous Coal Division in proceed­ ter service upon him of this order, file and envelopes, or any other printed or ings instituted pursuant to section 4 II written material of a substantially sim­ with the Commission a report in writing, ilar nature, do forthwith cease and de­ setting forth in detail the manner and (d) of the Bituminous Coal Act of 1937. sist from: form in which he has complied with this It is further ordered, That the relief 1. Using the words “Terminal Messen­ order. herein granted shall become final sixty ger Service,” or any other word or words By the Commission. (60) days from the date of this order, of similar import, to designate, describe, [seal! Otis B. J ohnson, unless it shall otherwise be ord. ::1. or refer to respondent’s business; or Secretary. . otherwise representing, directly or by im­ Dated: April 28, 1943. plication, that respondent operates any [F. R. Doc. 43-7214; Filed, May 7, 1943; [seal! D an H. Wheeler, messenger service. 11:20 a. m.] Director. 5976 FEDERAL REGISTER, Saturday, May 8, 1943

T emporary and Conditionally P inal Effective Minimum P rices for D istrict No. 1 [Docket No. A-1948]

Note: The material contained in these supplements is to be read in the light of the classifl- Part 328 Minimum P rice S chedule, cations, prices, instructions, exceptions and other provisions contained in Part 321, Minimum District No. 8 Price Schedule for District No. 1 and supplements thereto. ORDER granting relief

FOR ALL SHIPMENTS EXCEPT TRUCK Order granting temporary relief and conditionally providing for final relief in § 321.7 Alphabetical list of code members—Supplement R the matter of the petition of District Board No. 8 for the establishment of [Alphabetical listing of code members having railway loading facilities, showing price classifications by size group numbers] price classifications and minimum prices for the coals of certain mines in District No. 8. An original petition, pursuant to sec­ tion 4 II (d) of the Bituminous Coal Act Code member Mine name Seam Shipping point Railroad i 2 3 4 5 of 1937, having been duly filed with this

group No. group Division by the above-named party, re­ Subdistrict No. Subdistrict Mine index No. index Mine questing the establishment, both tem­ Freight origin 1 porary and permanent, of price classifi­ 3947 Clyde, Percy...... 6 E...... PRR 124 (t) (t) F (t) (t) cations and minimum prices for the coals 955 Davison, T. H. & Bennett_____ 23 E...... Josephine, Pa.1.. PRR- »56(t) (t) G (t) (t) Son (T. H. Davi­ B&O. of certain mines in District.No. 8; for son). changes in shipping points for certain 2538 Davison, T. H. & Lyda...... 28 E...... Josephine, Pa.1.. PRR- »56 (t) (t) H (t) (t) Son (T. H. Davi­ B&O. mines in District No, 8; for a change in son). shipping point, railroad and Freight 3401 Etherson, T. J...... Etherson . . 6 E...... Juneau, Pa...... B&O .. .. 112 (t) (t) F (t) (t) Origin Group for the coals of the Roslin 3992 Fraser, William Jr... Thew...... 14 E...... Philipsburg, Pa. PRR 45(t) If) F (t) (t) 3993 Hess Coal Co. (D. Hess #2...... 15 D ...... Dixonville, Pa.. CT&D__ 59(t) (t) F (t) (t) Mine of E. R. Norris, Mine Index No. R. Gates). 5415; and for an additional shipping 3961 Longwill & McCoy Longwill & 15 E...... Dixonville, Pa.. CT&D__ .59 (t) (t) E (t) (t) (Howard Long- McCoy. point for the coals of the Herd Branch will). Mine of Ora Hacker, Mine Index No. 3994 Mays, James A. Clarion Coal 1 B...... Strattonville, LEF&C.. 31 (t) (t) F (t) (t) (Clarion Coal Sup­ Supply #2... Pa. 1593; and ply). It appearing that a reasonable show­ 354 Oak Ridge Coal Co. O’Shell #1...... 20 B...... Osceola Mills, PRR...... »45 (t) (t) C (t) (t) ing of necessity h^s been made for the (M. J. O’Shell). Pa.1 80 Paint Creek Col­ Paint Creek 32 V ______Paint Creek, B&O____ 100 DDDD D granting of temporary relief in the man­ lieries (John M. #2. Pa.1 ner hereinafter set forth; and Dovey). 3475 l>.Rny . . 41 Keystone, P a... B&O 100 (t) (t) H (t) (t) No petitions of intervention having 3902 Rudiak...... 15 D...... Dixonville, Pa.. CT&D . 59 (t) (t) F (t) (t) been filed with the Division in the above- 3995 Tartan Coal Mining Tartan #4...... 4 D...... Rimersburg, Pa. PRR...... 90 (t) (t) G (t) (t) Company. entitled matter; and .m The following action being deemed necessary in order to effectuate the pur­ flndicates no prices or classifications effective for these size groups, poses of the Act; i Indicates change in shipping point. It is ordered, That, pending final dis­ * Indicates change in freight origin group. position of the above-entitled matter, Note: The above prices are applicable only via the respective freight origin groups, shipping points and railroad temporary relief is granted as follows: shown for the respective mines. Shipping points, railroads and freight origin groups previously assigned to thess mines are hereby deleted. 9 e Commencing forthwith, § 328.11 (Alpha­ betical list of code members) is amended FOR TRUCK SHIPMENTS by adding thereto Supplement R, and § 321.24 General prices—Supplement T § 328.34 (General prices for high volatile coals in cents per net ton for shipment [Prices in cents per net ton for shipment into all market areas] into all market areas) is amended by adding thereto Supplement T, which supplements are hereinafter set forth and hereby made a part hereof. " and 2 It is further ordered, That pleadings

" and over in opposition to the original petition in 2 slack

Code member index Mine County R/M fied the above-entitled matter and applica­ ble screened ble top screened size top size under tions to stay, terminate or modify the " under and slack All lump coal dou­ lump All coal Double screened Run of mine modi­ mine Run of Ji" and under 2 temporary relief herein granted may be ao3 1 filed with the Division within forty-five 0Q 1 2 3 4 5 (45) days from the date of this order, 1 No. 1 Mine index 1 district Sub. No. * pursuant to the rules and regulations Clyde, Percy...... 3947 Pancoast _ . _ . . . . . 6 E (1) (t) 240 (f) (f) governing practice and procedure before 3992 14 E (j) CD 240 (t) (t) 3996 9 B (J) (j) 235 (f) (f) the Bituminous Coal Division in proceed­ Hess Coal Co. (D. R. Gates)... 3993 Hess #2...... 15 D (t) (D 240 (t) (t) ings instituted pursuant to section 4 II Longwill & McCoy (Howard 3961 Longwill & McCoy...... 15 Indiana___ E (t) (t) 245 (t) Longwill). (D (d) of the Bituminous Coal Act of 1937. Mays, James A. (Clarion Coal 3994 Clarion Coal Supply #2. 1 Clarion..... B 265 240 240 230 220 It is further ordered, That the relief Supply). herein granted shall become final sixty Rudiak, Frank...... 3902 15 D (t) (D 240 (t) (f) Tartan Coal Mining Company. 3995 4 D 260 235 235 220 210 (60) days from the date of this order, Vinglas, Joseph M_____...... 3962 27 E (t) (t) 240 (D (D unless it shall otherwise be ordered. Dated: April 21, 1943. flndicates no prices or classifications effective for these size groups. [seal] Dan H. Wheeler, [F. R. Doc. 43-7151; FUed, May 6, 1943; 11:00 a. m.] Director. D istrict N o. 8 Note: The material contained in these supplements is to he read In the light of the classifications, prices, instructions, exceptions and other provisions contained In Part 328, Minimum Price Schedule for District No. 8 and supplements thereto. FOR ALL SHIPMENTS EXCEPT TRUCK § 328.11 Alphabetical list of code members—Supplement R [Alphabetical list of code members having railway loading facilities, showing price classifications by size groups for all uses except as separately shown]

Price classifications by size group Nos.

For destinations other than Great Lakes For Great Lakes cargo only High volatile Shipping point Railroad Code member Mine name seam No. 11, 15, 18, 1, 3, 5, 7 8 9 10 12, 16, 19, 22 23 24 25 26 27 1, 3, 5, 26 27 2 4 6 13, 17 20, 2 4 6 Subdistrict No. Subdistrict Freight group origin 14 21

4109 No. 2...... No. S 7 204 EE E D D C 0 B C G (t) tt> it) iî) (f) B E E E REGISTER, FEDERAL 6656 Burke, Wayne M. (Burke 1 Rhelhy, Ky.l . CAO...... 61 (*) (*) (*) (*) (*) (*) (*) C) (*) (*) (t) (t) (t) (t) (t) (*) (•) (*) (*) Elkhorn Coal Com­ pany). 6188 Caudill.....____ 6 Chavies, Ky ...... L&N...... A...... 100 KKJ HG E G D DK (t) (t) (t) (t) (t) if) K K J (t) 4104 1 c&o...... 61 D Di E EE C 0 B A G L (t) (t) (X) ft) (t) DDE C) (*) (*) (*) (t) C C ü O (*) (*) i*> O 6371 Florence Mining Co.,The. Jno. L. Mosgrove.. 1 LAN 62 (*) (*) (*) (*) C) (*) (*) (*) (*) (*) (t) it) it) (t) (t) (t) (*) i*> (*) 5996 6 East Bemstadt, Ky___ ; LAN 111 MM K .1 G E G E 1)K it) (t) (t) if) (t) (t) MM K

FOR TRUCK SHIPMENTS [Docket No. A-1939] $ 328.34 General prices for high volatile coals in cents per net ton for shipment into P art 330—Minimum Price Schedule, all market areas—Supplement T D istrict No. 10 ORDER GRANTING RELIEF Base sizes Order granting temporary relief and conditionally providing for final relief in bb © M © & 'd © M o C bb T3 © a c8 the matter of the petition of Ed Gentry a bb g SL 0 (New Black Diamond Coal Company) for © b" a ** a © change in shipping point for the coals of ® X 9 M 3 © •O Code member index Mine Seam > v V CO d 6 X X 1 d d Mine Index No. 1185.

S u b d ist r ic t N o . 4—K a n a w h a effectuate the purposes of the Act: It is ordered, That, pending final dis­ PUTNAM COUNTY, W. VA. position of the above-entitled matter, 5932 Pittsburgh No. 8.. 265 245 225 215 200 215 145 140 temporary relief is granted as follows: Commencing forthwith, § 330.4 (Price S u b d ist r ic t N o . 5— L o g a n groups) is amended by adding thereto LOGAN COUNTY, W. VA. * > Supplement R-I, and § 330.10 (Special Monitor Coal & Coke Company.. Yuma Alma No. 3. 4102 A lm a...... _____ (t) (t) 235 (t) (t) 225 prices—;(a) (2) Railroad locomotive fuel (t) (t) prices) is amended by adding thereto S u bd istrict N o . 6—So u t h e r n A ppa la ch ia n Supplement R-H, which supplements are hereinafter set forth and are hereby JACKSON COUNTY, KY. made a part hereof. Sturgill & Cravens (Benton T. J. Hudson .... 4108 No. 3 ______285 265 240 240 225 230 175 170 It is further ordered, That the relief Sturgill). granted by the Order of February 17, LAUREL COUNTY, KY. 1942, 7 F.R. 1538, in Docket No. A-1079 be, and it hereby is terminated in so far 5996 285 265 240 240 225 230 175 170 as it related to the coals of Mine Index WHITLEY COUNTY, KY. No. 1185 for all shipments except truck. Mauney, L. L______... Mauney No. 3 .... 4107 275 255 245 245 225 235 175 170 It is further ordered, That pleadings in opposition to the original petition in ANDERSON COUNTY, TENN. the above-entitled matter and applica­ Tuttle, Wm______4111 275 255 245 250 225 235 165 160 tions to stay, terminate or modify the CAMPBELL COUNTY, TENN. temporary relief herein granted may be filed with the Division within forty-five Bolton, Robert______Robert Bolton___ 5995 320 300 245 270 235 235 190 185 (45) days from the date of this order, S u b d istrict N o . 7—V ir g in ia pursuant to the rules and regulations p governing practice and procedure before LEE COUNTY, VA. the Bituminous Coal Division in pro­ Baker, Samp______... No. 2 _ 4109 No. 5 ...... 315 295 245 265 *235 235 190 185 ceedings instituted pursuant to section 4 II (d) of the Bituminous Coal Act of •Indicates previously classified these size groups, 1937. tIndicates no classification effective for these size groups. It is further ordered, That the relief * Mine Index No. 3605, originally assigned to this mine, shall no longer be applicable. herein granted shall become final sixty [F. R. Doc. 48-7149; Filed, May 6, 1943; 11:00 a. m.] (60) days from the date of this order, unless it shall otherwise be ordered. Dated: April 21, 1943. [seal] . D an H. W heeler, Director, FEDERAL REGISTER, Saturday, May 8,1943 CD <1

. I I P O 18 L ,

AJ (.Alpha­ A (t) (t> (t) (t) Director _ heeler B B B ) ) is amended (t) (t) _ _ That pleadings That the relief B 6 H. W (t) (t) ) ) is amended by (t> (t) an B B BB B B B 14 15 16 17 That, pending final dis­ 13 D D (t) (t) (t) (t) (General prices for shipment L L L L L 12 L ] D ordered, F F 11 is (t) (t) (t) (t) seal [ Dated: April 27, 1943. It is further ordered, It is further ordered, I t (60) days from the date of this order, (d) of theBituminous Act of Coal 1937. (45) (45) days from the date of this order, betical listcode op members adding thereto Supplement T, which § § 334.24 supplements are and hereinafter hereby made a part set hereof. forth into all market areas by adding thereto Supplement R, and unless it shall otherwise be ordered. Commencing forthwith 334.5 § the above-entitled mattertions and to applica­ stay, terminate or modify the governing practice and procedure before theBituminous Division Coal in proceed­ ings instituted pursuant to section 4 II herein granted shall become final sixty in opposition to the original petition in temporary relief herein granted may be temporary relief is granted as follows: pursuant to the rules and regulations filed with the Division within forty-five position of the atoove-entitled matter, 10 (t) (t) (t)

14

JG 9 , (t) (t) (t) (t) . . •It) o Price classification by size group by size classification Price N 8 EEG H H K c h e d u l e JJ 7 E K H S P N for

IJ J 4 D (t) (t) (t) rices for the establishment of in im u m is t r ic t 3 A A C (t) (t) (t) P having been duly filed with D 14 [Docket No. A—lOBO] —Supplement R 14 15 21 21 33 33 ORDER GRANTING RELIEF GRANTING ORDER and 1937, No. 334— M group origin inimum Freight 14. 14; . art M No petitions of intervention having The following action being deemed It appearing that a reasonable show­ An original petition, pursuant to sec­ Order Order granting temporary relief and P above-entitled matter; and necessary in order to effectuate the pur­poses of the Act; classifications and minimumthe prices coals for of certain mines in District granting of temporary relief in the man­ ner hereinafter set forth; and been filed with the Division in the tion A II (d) of the Bituminous Coal this Division by the above-named No. No. ing of necessity has been made for the party, requesting the establishment, the matter of the petition of District both temporary and permanent, of price conditionally providing for final relief in Board No. No. Act of price classifications and minimum prices for the coals of certain mines in District ...... ______......

Railroad ffective MP SL-SF..KCS, KCS.SL-SF.. MV MP... MP l O . E road road Rail­ o Rail­ MP. MP. _ . __ N ______inal FOR RAIL SHIPMENTS FOR RAIL __ P ______i s t r i c t D Shipping point Shipping Shipping point Shipping JMarion, HI JMarion, JMarion, 111...: Alphabetical list of code members —Supplement R -n f o r

Ozark, Ark...... Ozark, Poteau, Okla..... Poteau, Poteau, Poteau, Okla Hartman, A rk... Hartman, A rk .... ^ point Shipping 2 8 5 Ark...... Excelsior, 2 2 8 onditionally origin group origin group Freight Freight No. r i c e s \ 135 X X 135 / »142 / 142 » C Prod. group P § 334.5 334.5 § and 1185 1185

No. No. Mine index Mine index i n i m u m . M #2 emporary ...... Mine name Mine 1 T —Supplement R-I [Alphabetical list of code members showing price classification by size group for all uses except railroad locomotive fuel] fuel] locomotive railroad except uses all for group by size classification price showing members code list of [Alphabetical No. No. Valley Valley other provisions contained in Part 330, Minimum Mine Mine f f e c t i v e 533 624 626 148 625 627 E No. a n d Mine index Black Diamond No. 7.. No. Diamond Black Railroad locomotive fuel prices i n a l now Price groups |New Black Diamond No. 7— No. |NewDiamond Black P J FOR ALL SHIPMENTS EXCEPT TRUCK EXCEPT SHIPMENTS ALL FOR Doc. 43-7150; Filed, May 6, 1943; 11:00 a. m.] —(a) (2) § 330.4 330.4 § onditionally C Producer Producer Code member Code m aterial contained in these supplem ents is to be read in the light of the classifi­ a n d

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 334, Minimum Special prices apply. T"" : : 1

The > The railroad locomotive fuel price shall be: mine run—$2.15, screenings—$1.70 and price exceptions 2-H, 61, 61, 2-H, and exceptions price screenings—$1.70 run—$2.15, mine be: shall price fuel locomotive Therailroad : Mine index No. 1185 shall be included in Price Group No. 5 and shall take the same f. o. b. mine prices as as b. prices o. mine f. take and the shall in same No. Group 5 included Price be shall No. Mine 1185 index ’ /Gentry, Ed. (New Black Dia* \ Co.) mond Coal li li Co.). mond Coal /Gentry, Ed. (New Black Dia­ ote N 6 « Freight Origin Group No. 142 no longer applicable. longer no No. 142 Group Freight Origin « 5 o t e ote N * Freight Origin Group No. 142 no longer applicable. longer no No. 142 Group Freight Origin * Nora: N e m p o r a r y No. No. Price Price group group § 330.10 330.10 § and 64 shall shall 64 and Prioe Prioe Schedule for District No. 14 and supplements thereto. other TniVift« in Price Group No. 5, Schedule No. 1, District No. 10, For All Shipments Except Truck, on all size groups groups size all on Truck, Except Shipments All For 10, No. District 1, No. Schedule 5, No. Group Price in TniVift« other T and for shipment to all market areas and for all uses exclusive of railroad locomotive fuel; provided, however, that these that these however, provided, fuel; locomotive railroad of exclusive uses all for and areas market all to shipment for and cations, prices, instructions, exceptions Price Price Schedule for District No. 10 and supplements thereto. f. o. b. mine prices apply on board transportation facilities at Marion, atIllinois« Marion, apply transportationboard on facilities b. prices o. mine f. No. 91* 5980 FOR TRUCK SHIPMENTS § 334.24 General prices for shipment into all market areas—Supplement T

Mine Sub­ Prices and size group Nos. Code member index index Mine dis­ County No. trict No. 3 4 5 6 7 . 8 9 10 11 12 13 14 15 16 17 18

Acme Coal Co. (Ed Boyd) - ______148 2 435 435 435 435 330 165 145 135 345 Caldwell, Jim. . 624 No. 1 ...... 8 415 330 165 310 Peerless Coal Company c/o W. H. Lewis ... 627 5 475 475 475 475 450 400 385 330 230 165 145 135 215 375 Pelton, H. L. (Philpott Valley Coal Co.) . 626 2 455 455 455 455 330 165 380 Ross, H. T., Coal Co. (H. T. Ross) 625 2 455 455 455 455 330 165 380 Witteville Coal Co. (Bill Davis) ____ ... 533 Number 7______8 Le Flore______445 455 445 445 420 400 385 330 230 165 145 135 215 365

[F. R. Doc. 43-7152; Filed, May 6, 1943; 11:00 a. m.} FEDERAL REGISTER, REGISTER, FEDERAL |Docket No. A-1951] It appearing that a reasonable show­ after set forth and hereby made a part prices for the coals of the No. 3 Mine, Mine Index No. 554, of Oliver Couch P art 335—Minimum P rice Schedule, ing of necessity has been made for the hereof. (Couch Coal Company) loqated in D istrict N o. 15 granting of temporary relief in the man­ It is further ordered, That pleadings ner hereinafter set forth; and in opposition to the original petition in Franklin County, Kansas, in District No. ORDER GRANTING RELIEF No petitions of intervention having the above-entitled matter and applica­ 15, in Size Groups 1, 2, 3, 4, 9, 10, 11 and Order granting temporary relief and been filed with the Division in the above- tions to stay, terminate or modify the 12 for truck shipments. However, no conditionally providing for final relief in entitled matter; and temporary relief herein granted may be relief is granted herein with respect to the matter of the petition of District The following action being deemed filed with the Division within forty-five the No. 3 Mine, Mine Index No. 554, of Board No. 15 for the establishment of necessary in order to effectuate the pur­ (45) days from the date of this brder, Oliver Couch (Couch Coal Company), price classifications and minimum prices poses of the Act; pursuant to the rules and regulations since it appears that price classifications for the coals of certain mines in District It is ordered, That, pending final dis­ governing practice and procedure before and minimum prices were established for No. 15. position of the above-entitled matter, the Bituminous Coal Division in pro­ the coals of that mine for truck ship­ An original petition, pursuant to sec­ ceedings instituted pursuant to section ments, in the above-numbered size tion 4 II (d) of the Bituminous Coal temporary relief is granted as follows: 4 II (d) of the Bituminous Coal Act of Commencing forthwith, § 335.5 (Alpha­ groups, in General Docket No. 15 under Saturday Act of 1937, having been duly filed with 1937. the name of the No. 1 Mine, Mine Index this Division by the above-named party, betical list of code members) is amended It is further ordered, That the relief requesting the establishment, both tem­ by adding thereto Supplement R, and herein granted shall become final sixty No. 554, of Oliver Couch (Couch Coal porary and permanent, of price classi­ § 335.24 (General prices in cents per net (60) days from the date of this order, Company). fications and minimum prices for the ton for shipment into all market areas) unless it shall otherwise be ordered. Dated: April 26, 1943. coals of certain mines in District No. 15; is amended by adding thereto Supple­ Petitioner requests the establishment [seal] D an H. Wheeler, , and ment T, which supplements are herein­ of price classifications and minimum Director. 1943 8, May

T emporary and Conditionally F inal Effective Minimum P rices for D istrict No. 15 Note: The material contained in these supplements is to he read in the light of the classifications, prices, instructions, exceptions and other provisions contained in Part 335, Minimum Price Schedule for District No. 15 and supplements thereto. FOR ALL SHIPMENTS EXCEPT TRUCK § 335.5 Alphabetical list of code members—Supplement R [Alphabetical list of code members showing price classification by size group for domestic, commercial and industrial use]

Produc­ Freight Price classification by size group Mine tion origin Code member index Mine name group Shipping point Railroad group No. No. No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15

True Cherokee Coal Co. fEd Thevs) » ____ 1534 True Cherokee . 1 Mulberry, Kans____ SL-SF.... 146 A A A AA AA A AA A A AÀ

1 Previously classified as truck mine. A is Market Area list price as listed in Price Schedule No. 1. FEDERAL REGISTER, Saturday, May 8,1943 5981

FOR TRUCK SHIPMENTS Issued this 6th day of May 1943. j 335.24 General prices in cents per net ton for shipment into all market areas— War P roduction B oard, Supplement T . By J. Joseph Whelan, Recording Secretary. [F. R, Doc. 43-7192; Filed, May 6, 1943; 4:38 p. m.]

P art 1010—Suspension Orders [Suspension Order S-315] PLUMBING SERVICE CO. Henry J. Veith, Jr., doing business as Plumbing Service Company, 107 Camp Street, New Orleans, Louisiana, is en­ gaged in the plumbing and heatirig sup­ ply business. Subsequent to August 14, 1942, Henry J. Veith, Jr. sold and deliv­ ered numerous items of new metal i TITLE 32^-NATIONAL DEFENSE ings of AA-5 extended by him. At the plumbing equipment and new metal time each und all of these preference Chapter IX—War Production Board heating equipment to ultimate consum­ ratings were extended, as aforesaid, ers in violation of Limitation Order L-79. Snbchapter B—Executive Vice Chairman Hightstown House Wrecking Company During this period of time, Henry J. had not sold lumber on preference rat­ Au t h o r i t y : Regulations in this subchapter Veith, Jr., was fully aware of the pro­ Issued under P.D. Reg. 1, as amended, 6 PJt. ings of AA-5 and had no orders from visions of Limitation Order L-79, and 6680; W.P.B. Reg. 1, 7 FM. 561; E.O. 9024, 7 its customers which bore such preference his violations of that order, therefore, PR. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, 7 FR. ratings, and therefore the extension of deemed wilful. 2719; sec. 2 (a), Pub. Law 671, 76th Cong., as these preference ratings, as aforesaid, These violations of Limitation Order amended by Pub. Laws 89 and 507, 77th Cong. constituted a violation of Priorities Reg­ L-79 have hampered and impeded the ulation No. 3 with the terms of which Part 1010—Suspension Orders . war effort of the United States by divert­ Julius Levin was familiar. ing scarce materials to uses not author­ [Amendment 1 to Suspension Order S-144] These-violations of Priorities Regula­ ized by the War Production Board. CHROME IRON & STEEL CO., INC. tion No. 3 have hampered and impeded In view of the foregoing facts: It is the war effort of the United States by hereby ordered, That: Chrome Iron & Steel Company, 1710 diverting scarce materials to uses hot North Delaware Avenue, Philadelphia, authorized by the War Production § 1010.315 Suspension Order 315. (a) Pennsylvania, has appealed from the Board. In view of the foregoing: It is Deliveries of material, directly or indi­ provisions of Suspension Order No. hereby ordered, That: rectly, to Henry J. Veith, Jr., doing busi­ S-144, issued November 17, 1942. After ness as Plumbing Service Company or a review of the case it has been de­ § 1010.313 Suspension Order No. otherwise, his successors or assigns, shall termined that the appeal be denied but S-313. (a) Deliveries of material to not be accorded priority over deliveries that the Suspension Order be modified David Irwin, Larry Levin, Eva Levin and under any other contract or order and so as to expire on April 30, 1943, instead Julius Levin, doing business as Hights­ no preference ratings shall be assigned, of June 30, 1943. town House Wrecking Company, or oth­ applied or extended to such deliveries by In view of the foregoing, paragraph erwise, jointly or separately, their suc­ means of preference rating certificates, (d) of § 1010.144 Suspension Order S-144 cessors and assigns, shah not be accorded preference rating orders, general prefer­ issued November 17, 1942, is hereby priority over deliveries under any other ence orders or any other orders or regu­ amended to read as follows: contract or order and no preference rat­ lations of the War Production Board, ings shall be assigned, applied or ex­ except as specifically authorized in writ­ (d) This order shall take effect on tended to such deliveries by means of ing by the War Production Board.- January 1,1943, and shall expire on April preference rating certificates, preference (b) No allocation shall be made, di­ 30,1943. rating orders, general preference orders, rectly or indirectly, to Henry J. Veith, (P. D. Reg. 1, as amended, 6 F.R. 6680; or any other order or regulation of the Jr., doing business as Plumbing Service WP.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 War Production Board, except as specifi­ Company or otherwise, his successors or P.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, cally authorized in writing by the War assigns, of any material the supply or 7 F.R. 2719; sec. 2 (a), Pub. Law 671, Production Board. distribution of which is covered by any 76th Cong., as amended by Pub. Laws 89 (b) No allocation shall be made to order of the War Production Board, ex­ and 507, 77th Cong.) David Irwin, Larry Levin, Eva Levin and cept as specifically authorized in writing Julius Levin, doing business as Hights­ by the War Production Board. Issued this 6th day of May 1943. town House Wrecking Company, or .(c) Henry J. Veith, Jr., doing business War P roduction Board, otherwise, jointly or separately, their as Plumbing Service Company or other­ By J. J oseph Whelan, successors and assigns, of any material wise, his successors or assigns, shall not, Recording Secretary. the supply or distribution of which is directly or indirectly, order, accept de­ livery of, purchase or receive any new [P. R. Doc. 43-7191; FUed, May 6, 1943; governed by any order of the War Pro­ 4:38 p. m.] duction Board, except as specifically au­ metal plumbing or heating equipment, as thorized in writing by the War Produc­ defined in Limitation Order L-79, except tion Board. with the written approval of the Regional (c) Nothing contained in this order Compliance Chief, Dallas Regional Office, War Production Board. Part 1010—Suspension Orders shall be deemed to relieve David Irwin, Larry Levin, Eva Levin and Julius Levin, (d) No person shall sell, deliver or [Suspension Order S-313] doing business as Hightstown House transfer, directly or indirectly, to Henry HIGHTSTOWN HOUSE WRECKING CO. Wrecking Company, or otherwise, from J. Veith, Jr., doing business as Plumbing any restriction, prohibition, or provi­ Service Company or otherwise, his suc­ Hightstown House Wrecking Com­ sion contained in any other order or cessors or assigns, any new metal plumb­ pany, Hightstown, New Jersey, is a part­ ing and heating equipment, as defined in nership composed of David Irwin, Larry regulation of the War Production Board, except in so far as the same may be Limitation Order L-79, except upon the Levin, Eva Levin and Julius Levin. It approval obtained as provided in para­ is engaged in the business of selling lum­ inconsistent with the provisions hereof. graph (c). ber at retail and house wrecking. Sub­ (d) This order shall take effect on (e) Nothing contained in this order sequent to November 16, 1942, Julius May 9, 1943, and shall expire on Au­ shall be deemed to relieve Henry J. Levin, acting for the partnership, pur­ gust 9, 1943, at which time the restric­ Veith, Jr., doing business as Plumbing chased five carloads of lumber and mill tions contained in this order shall be Service Company or otherwise, from any work on orders bearing preference rat­ of no further effect. restriction, prohibition, or provision con- 5982 FEDERAL REGISTER, Saturday, May 8, 1943 tained in any other order or regulation liver, directly or indirectly, to Clark Oil P art 1201—I stle and Istle P roducts of the War Production Board except in Company, its successors or assigns, any [Conservation Order M-138 as Amended so far as the same may be inconsistent motor fuel, as defined in Limitation May 7, 1943] with the provisions hereof. Order L-70, and Clark Oil Company, its The fulfillment of requirements for the (f) This order shall take effect on successors or assigns, shall not, directly' defense of the United States has created May 8, 1943 and shall expire on Novem­ or indirectly, purchase or accept delivery a shortage in the supply of istle and istle ber 8, 1943. of any motor "fuel from Southport products for defense, for private account Petroleum Company, its successors or Issued this 6th day of May 1943. and for export; and the following order assigns, except as hereafter specifically is deemed necessary and appropriate in W ar Production B oard, authorized in writing by the War Pro­ the public interest and to promote the By J. J oseph Whelan, duction Board. national defense. Recording Secretary. . (c) Nothing contained in this order shall be deemed to relieve either Clark § 1201.1 Conservation Order M-138— [P. R. Doc. 43-7193; Filed, May 6, 1943; (a) Applicability of Priorities Regulation 4:38 p. m.] Oil Company, its successors or assigns, or Southport Petroleum Company, its 1. This order and all transactions successors or assigns, from any restric­ affected thereby are subject to the pro­ Part 1010—Suspension Orders tion, prohibition, or provision contained visions of Priorities Regulation No. 1 [Suspension Order S-316] in any other order or regulation of the (Part 944), as amended from time to War Production Board, except in so far time, except to the extent that any pro­ CLARK OIL COMPANY as the same may be inconsistent with vision hereof may be inconsistent there­ Grady L. Clark, doing business as Clark the provisions hereof. with in which case the provisions of this Oil Company, 1400 North Main Street, order shall govern. East Point, Georgia, owns and operates Issued this 6th day of May 1943. (b) Definitions. As used in this order: a number of service stations in the vicin­ W ar P roduction Board, (1) “Raw istle” means unprocessed ity of Atlanta, Georgia. Southport Pe­ By J. Joseph Whelan, istle, including thé types or grades com­ troleum Company, 3000 5th Avenue Recording Secretary. monly known as juamave, tula, palma North, Birmingham, Alabama, is engaged [P. R. Doc. 43-7194; Filed, May 6, 1943; and pita. in the marketing of petroleum products. 4:38 p. m.] (2) “Istle product” means any product During the months of April, May, June processed from raw istle, either alone or and-from July 1 to July 22, 1942, Clark in combination with other materials, in­ Part 949—Chromium cluding, but not limited to, dressed or Oil Company accepted the delivery of [Supplementary Order M-18-a-l] approximately 81,000 gallons of motor hackled fiber, brush fiber, tow for uphol­ fuel at seven of its service stations in § 949.4 Supplementary Order M-18- stery or padding, rope form for uphol­ excess of the amounts permitted to be a-1—(a) Small deliveries. Pursuant to stery or padding, yarn, twine, roving, delivered by Limitation Order L-70. General Preference Order M-18-a, as cordage, waste istle or istle waste. Southport Petroleum Company, the prin­ amended: (3) “Processor” means any person who cipal supplier of Clark Oil Company, (1) Any processor or dealer (as re­ processes raw istle or any istle product. made most of these deliveries. Although spectively defined in Order M-18-a, as (c) Restrictions on the importation and both companies were fully familiar with amended) may‘deliver to any person disposition of raw istle. (1) The impor­ the provisions of Limitation Order L-70, quantities of chromium not to exceed a tation of raw istle shall be performed sub­ during the quota period Southport Pe­ total in any calendar month of 3000 ject to and in accordance with the provi­ troleum Company failed to ascertain pounds in terms of chromium content, sions of General Imports Order M-63 as whether it was delivering, and Clark Oil provided that any material so delivered amended from time to time. Company failed to ascertain whether it is to be used by the person accepting de­ (2) Notwithstanding anything con­ was accepting the delivery of, more mo­ livery thereof, only for metallurgical tained in paragraphs (c), (d) and (e) of tor fuel at each of the Clark Oil Conw purposes; and General Imports Order M-63, as amended pany service stations than Order L-70 (2) Any person may, without the ne­ from time to time, any person may dis­ permitted. cessity of filing any of the forms required pose of raw istle imported in accordance These excess deliveries were made in under paragraph (e) of Order M-18-a, with said order without further authori­ such careless disregard of the terms of as amended, accept the deliveries per­ zation: Provided, That such disposition Limitation Order L-70 as to be deemed mitted to be made under the provisions shall be solely for the uses and within the wilful violations thereof. These viola­ of (1) above, provided that the total inventory limits prescribed by the instant tions have hampered and impeded the quantity of contained chromium received Conservation Order, M-138. war effort of the United States by distrib­ by such person in any calendar month (d) Restrictions on the importation uting motor fuel in a manner unauthor­ from all sources of supply pursuant to and acquisition of istle products. Un­ ized by the War Production Board. this paragraph (a) shall be limited to less specifically authorized by the War In view of the foregoing facts: It is 3000 pounds. Production Board, no person shall im­ hereby ordered, That: Nothing contained in this supplemen­ port or purchase for import, or offer to tary order shall be construed as exempt­ import or offer to purchase for import, § 1010.316 Suspension Order 316. (a) ing • any consumer of chromium from and no person shall hereafter receive, or During each of the months of May, June, filing form WPB-532 with the Bureau of offer to receive, any istle product except July and August 1943, Clark Oil Com­ Mines in accordance with the instruc­ to fill orders in the categories described pany, its successors or assigns, shall not tions accompanying such form. in paragraph (e), of this order: Pro­ accept the delivery of motor fuel, as de­ (b) Melting. The melting of any vided however, That orders not within fined in Limitation Order L-70, at any chromium acquired under the provisions these categories may be filled under con­ of its following service stations in excess of paragraph (a) of this order shall be tracts made before May 9, 1942, where of 75 per cent of the average monthly governed by the applicable provisions the istle product at that date is not sales of motor fuel made by each such of paragraph (d) of General Preference service station during the period from usable for the uses stated in paragraph Order M-18-a, as amended, and by any (e) of this order. December 1, 1942 through March 31, special • direction or exemption issued 1943: (e) Restrictions on the use of raw from time to tiim to the melter pursuant istle. (1) Unless specifically author­ 1400 N. Main Street, East Point, Georgia. thereto, and also by any other existing 798 Ponce De Leon, Atlanta, Georgia. or future order or regulation of the War ized by the War Production Board, no 1281 Spring Street, Atlanta, Georgia. Production Board relating to the melt­ person çhall put into process or use raw 2536 Stewart Avenue, Atlanta, Georgia. ing of chromium. istle. exçept for the following purposes: 421 Memorial Drive, Atlanta, Georgia. (i) The manufacture of cut istle, istle 202 Courtland Street, Atlanta, Georgia. Issued this 7th day of May 1943. tow, or istle in rope form for use in up­ Athens, Georgia. War P roduction B oard, holstery or padding: Provided, That such (b) During each of the months of B y J. J oseph Whelan, June, July and August 1943, Southport Recording Secretary. manufacture is for the purpose of filling Petroleum Company, its successors or [P. R. Doc. 43-7217; Plied, May 7, 1943} orders bearing preference rating ÀA-5 assigns, shall not sell, transfer or de­ 11:49 a. m.] or higher. 7 FEDERAL REGISTER, Saturday, May 8, 1943 5983

\ (H) The manufacture or processing of Part 3097—Sulfamic Acid and Sulfamic (2) No person shall use sulfamic acid the fiber for brushes; Acid D erivatives or sulfamic acid derivatives received by 1 (üi) The manufacture of single or [General Preference Order M-242, as him for a purpose or purposes contrary plied yarn or roving, either alone or in Amended May 7, 1943] to the purpose or purposes certified in combination with other fiber, for use in; the certificate furnished by him pur­ (a) Twine or cordage; Section 3097.1 General Preference suant to paragraph (e) (1) hereof, (b) Centers for wire rope. Order M-242 is hereby amended to read (3) War Production Board may from as follows: dv) The manufacture of products, or time to time issue directions with respect to the use or uses*which may or may not components to be physically incor­ § 3097.1 General Preference Order M-242—ia) Definitions. (1) “Sulfamic be made of sulfamic acid or sulfamic acid porated into such products, purchased acid” means the chemical compound of derivatives to be delivered or then in tjÿbr for the account of the Army, Navy that name having the formula HSO3NH2. inventory. prMnTitime Commission, but only to the (2) “Sulfamic acid derivatives” means (d) Exceptions to requirements for extent required by specifications, in­ ammonium sulfamate, fire retardants specific authorizations. Notwithstand­ cluding performance specifications, of and weed-killer made from sulfamic ing the provisions of paragraph (b) (1) hereof, specific authorization in writing the Army, Navy or Maritime Commis­ acid. (3) “Producer” means any person en­ of War Production Board shall not be sion. gaged in the production of sulfamic acid required for the delivery by any producer (f) [Revoked May 7, 1943] or sulfamic acid derivatives and includes or primary distributor to any one person (g) [Revoked May 7, 1943] any person who has* any such material in any calendar month of not more than (h) Reports. (1) Each processor who produced for him pursuant to toll 100 lbs. in the aggregate of sulfamic acid acquires or puts into process any raw agreement. and sulfamic acid derivatives: Provided, however, That no producer or primary istle shall report monthly on Form (4) “Primary distributor” means any person who purchases for resale direct distributor shall make any delivery pur­ PD-469! from a producer sulfamic acid or sul­ suant to this paragraph if such delivery (i) Records. Each processor or other famic acid derivatives, but does not in­ will prevent his making in such month person acquiring any raw istle or any clude any person whose only purchases any delivery which has been specifically are of ammonium sulfamate for resale authorized or directed by War Produc­ Istle product shall keep and preserve, for tion Board. not less than two years, accurate and at wholesale or retail for use as weed­ killer. (e) Certification of customer’s use. complete records concerning inventories, (1) No supplier shall in any calendar production, sales and transactions in such (5) “Supplier” means a producer, pri­ mary distributor or any other person month deliver to any one person more materials. who purchases sulfamic acid or sulfamic than 100 lbs. in the aggregate of sul­ (j) Audit and inspection. All records acid derivatives for resale. famic acid and sulfamic acid derivatives required to be kept by this order shall, (b) Restrictions on delivery. (1) unless prior thereto he shall have re­ upon request, be submitted to audit and No producer or primary distributor shall ceived from such person a certificate in inspection by duly authorized represent­ deliver any sulfamic acid or sulfamic substantially the following form: atives of the War Production Board. acid derivatives to any person except as The undersigned purchaser hereby certifies (k) Appeals. Any person affected by specifically authorized or directed in to the War Production Board and to his sup­ plier, pursuant to Order No. M-242, that the this order who considers that compli­ writing by War Production Board. No sulfamic acid or sulfamic acid derivatives ance therewith would work an excep­ person shall accept delivery of sulfamic hereby ordered for delivery in » .______tional and unreasonable hardship upon acid or sulfamic acid derivatives which Month him may appeal to the War Production he knows or has reason to believe is de­ 194—, will be used for the following pur­ Board, Ref.: M-138, setting forth the livered in violation of this order. pose^) only: pertinent facts and the reasons why he (2) Authorizations or directions with Use A __ »______lbs. considers that he is entitled to relief. respect to deliveries to be made in each Use B »______»_____ lbs. calendar month by producers and pri­ . (Note: (aa) If material is ordered for The War Production Board may there­ mary distributors will so far as prac­ single use only, omit statement of weight, upon take such action as it deems ap­ ticable be issued by War Production (bb) For other instructions see paragraph propriate. Board prior to the commencement of

Weed-killer. umn 4 will specify the total estimated P art 3175—R egulations Applicable to Other (specify). quantity so to be delivered. In the case the Controlled Materials Plan Resale (indicate use). of deliveries of not more than 100 lbs. [Interpretation 4 of CMP Regulation 5] If purchase is for resale, applicant will to any person in any month (excluding specify “resale”, followed by statement deliveries of sulfamic acid derivatives for The following official interpretation is of use or uses (in terms of the uses speci­ use or resale as weed-killer), applicant hereby issued with respect to § 3175.5 of fied in this paragraph) to which sulfamic will state in Column 1 “Total small order CMP Regulation No. 5. acid or sulfamic acid derivatives will be deliveries” and in Column 4, will specify (a) Materials required for the manufac­ put by his customer, except that a pri­ the total estimated quantity so to be ture of containers (in knock down or set up delivered. form) constitute production materials and mary distributor need specify only “re­ consequently cannot be obtained under CMP sale”. (vi) A producer requiring permission Regulation No. 5. (f) Applications and reports. (1)- to use a part or all of his own production (b) This is true, regardless of whether the Each producer and primary distributor of sulfamic acid or sulfamic acid deriva­ manufacturer makes containers for sale to requiring authorization to make delivery tives shall list his own name as customer others or, in a captive plant or separate de­ of sulfamic acid or sulfamic acid deriva­ in Column 1 on Form PD-602, specifying partment, for packaging his own product for tives during any calendar month begin­ quantity required and product . use. shipment or delivery. ning with June 1943 (and each producer Written approval of War Production (c) On the other hand, materials, other than fabricated containers, required for seeking authorization to use sulfamic Board on such Form PD-602 shall con­ packaging a product for shipment or delivery acid or sulfamic acid derivatives) shall stitute authority to the producer to use may be acquired by the manufacturer of the file application on or before the 20th sulfamic acid or sulfamic acid deriva­ product under CMP Regulation No. 5 where day of the preceding month. Applica­ tives in the quantity and for the purposes the manufacturer of the product does not tion for authorization to make delivery indicated in such approved Form. maintain a captive plant or a separate de­ of (or to use) sulfamic acid or sulfamic (vii) Except as otherwise provided in partment whose operations are substantially subdivision (v), applicant will specify in similar to those of a container manufacturer. acid derivatives in May, 1943, shall be (d) For example, a manufacturer who filed as many days as possible in ad­ Column 1-a the use to which sulfamic maintains a department in which he manu­ vance of the proposed date of delivery acid or sulfamic acid derivatives will be factures wooden boxes for the packaging of or use. The application shall be made put by his customer, as indicated by the his product for shipment or delivery, cannot on Form PD-602 in the manner pre­ certificate filed with applicant by the obtain materials required to produce such scribed therein, subject to the following customer pursuant to paragraphs (e) (1) boxes under CMP Regulation No. 5. On the special instructions: and (e) (2) hereof. If the sulfamic acid other hand, a manufacturer who crates his (i) Copies of Form PD-602 may be ob­ or sulfamic acid derivatives ordered by product for shipment but who does not main­ tain a separate department operating on a tained at local field offices of the War a customer is for two or more uses, indi­ basis substantially similar to the operations Production Board. cate each use separately and indicate the of a manufacturer making crates or shooks, (ii) An original and three copies shall quantity of sulfamic acid or sulfamic acid may obtain the lumber, nails, etc., required be prepared, of which the original and derivatives ordered for each use. in preparing his product for shipment, under two copies shall be filed with War Pro­ (viii) Leave Column 6 blank. CMP Regulation No. 5. duction Board, Washington, D. C., Ref.: (ix) Each producer will report produc­ Issued this 7th day of May 1943. M-242, the third copy being retained for tion, deliveries and stocks as required by War Production B oard, applicant’s files. The original filed with Table II, Columns 8 and 16, inclusive. By J. Joseph W helan, the War Production Board shall be man­ Recording Secretary. ually signed by a duly authorized official. Primary distributors will fill out only (iii) In the heading, under name of Columns 8, 10, 12 and 13. [F. R. Doc. 43-7220; Filed, May 7, 1943; chemical, specify “Sulfamic Acid and (2) War Production Board may issue 11:49 a. m.] Sulfamic Acid \Derivatives”; under other and further directions with re­ “grade” specify “sulfamic acid, ammo­ spect to preparing and filing Form P art 3246—Knit U nderwear, Sweat nium sulfamate, fire retardant, weed­ PD-602. Shirts and T Shirts killer”; under “WPB Order No.” specify (g) Miscellaneous provisions—(1) Ap­ [Limitation Order L-247, as Amended May 7, “M-242”; indicate month and year dur­ plicability of regulations. This order 1943] ing which deliveries covered by the appli­ and all transactions affected thereby are cation are to be made; under unit of subject to all applicable regulations of Part 3169—K nit Underwear is measure specify “pounds”; under name the War Production Board, as amended changed and amended to “Part 3246- of company, specify applicant’s name from time to time. Knit Underwear, Sweat Shirts and T and indicate address of plant or ware­ Shirts”. (2) Violations. Any person who wil­ Section 3246.1 Limitation Order L- house from which shipment will be made. fully violates any provisions of this order, (iv) In Column 1 (except as provided 247 as amended, is hereby further or who, in connection with this order amended to read as follows: in subdivision (v)) list names of cus­ wilfully conceals a material fact or fur­ tomers from whom orders for delivery The fulfillment of requirements for the during the month to which the applica­ nishes false information to any depart­ ment or agency of the United States is defense of the United States ha§ created tion relates have been received. If it is shortages in the supplies of materials for necessary to use more than one sheet guilty of a crime, and upon conviction may be punished by fine or imprisonment. knit underwear, sweat shirts and T shirts to list customers, number each sheet in for defense, for private account and for order and show grand total for all sheets In addition, any such person may be pro­ export; and the following order is on last sheet, which is the only one that hibited from making or obtaining further deemed necessary and appropriate in the need be certified. deliveries of, or from processing or using, public interest and to promote the na­ (v) Applicant need not list the name material under priority control and may tional defense: of any customer to whom not more than be deprived of priorities assistance. 2,500 lbs. of sulfamic acid derivatives is (3) Communications to War Produc­ § 3246.1 Limitation Order L-247—(a) to be delivered in such month for use Applicability of regulations. This order tion Board. All reports required to be and all transactions affected thereby are as weed-killer (or for resale for use as filed hereunder, and all communications weed-killer), nor need applicant list the subject to all applicable regulations of concerning this order, shall, unless other­ the War Production Board, as amended name of any customer to whom not more wise directed, be addressed to: War Pro­ than 100 lbs. of sulfamic acid or sulfamic from "time to time. duction Board, Chemicals Division, (b) Definitions. For the purposes of acid derivatives is to be delivered in such 'Washington, D. C. Ref.: M-242. month for any purpose other than weed­ this order: Issued this 7th day of May 1943. (1) “Knit underwear” means all un­ killer. In the case of deliveries of sul­ derwear made of knitted fabrics. The famic acid derivatives in quantities not War Production Board, terni shall not include slips, pajamas exceeding 2,500 lbs. to any person in any By J. J oseph Whelan, or gowns, other than infants’ gowns. month for use or resale as weed-killer, Recording Secretary. (2) “T shirt” or “sweat shirt” means applicant will state in Columns 1 and 1-a [F. R. Doc. 43-7219; Filed, May 7, 1943; a utility crew neck shirt made from “small quantity weed-killer” and in Col-* 11:49 a. m.] cloth knit on underwear machines. FEDERAL REGISTER, Saturday, May 8, 1943 5985

(3) Unless otherwise indicated, all may be punished by fine or imprison­ Schedule A—Continued trade terms shall have their customary ment. In addition, any such person may trade meanings. be prohibited from making or obtaining Maxi­ •(c) General restrictions on manufac­ further deliveries of, or from processing mum ture. No person shall cut any fabric for or using, material under priority con­ num­ ber of knit underwear, sweat shirts or T shirts, trol and may be deprived of priorities models except in conformity with the following assistance. Permitted types (all with Maximum number per out decorative trim un­ and kinds of per­ each requirements. (i) Effective date. This order shall less otherwise noted) mitted fabrics type ir­ (1) The types and-number of per­ take effect on May 15,1943. respec­ mitted fabrics and models for each type tive of Issued this 7th day of May 1943. fabric shall be as shown in Schedule A. Any used variation in either construction, fiber War Production B oard, [ content of yarn, type of stitch, or weight, By J. Joseph Whelan, . Ladies1'and Misses’ Knit shall constitute a different fabric. Any Recording Secretary. Unionsuits— Con. variation in either cut, trim, or sleeve or Sc h e d u l e a Lightweight...... 2. 4 leg length shall constitute a different (2 wool percentages- 1 model. A variation in color, finish of Tuck stitch______42 other than wool > 3 Maxi­ l percentages. | cloth or size shall not constitute a differ­ mum Ladies’ & Misses’ Knit ent model. num­ Vests, Pants, Briefs ber of and Bloomers (2) No knit underwear shall have any models 2 wool percentages.. ] rayon striping, or any decorative trim­ Permitted types (allwith- Maximum number per Heavyweight______2 other than wool f 6 ming which does not add to the service­ out decorative trim un­ and kinds of per­ each percentages. I less otherwise noted) mitted fabrics type ir­ Lightweight...... ability of the garment, unless permitted respec­ [2 wool percentages.. | by Schedule A. tive of Tuck s titc h ...... {•{2 other than wool r 5 fabric l percentages. 1 (3) The weight of any circular knit used Ladies’ & Misses’ all rayon fabric used shall not be lighter Rayon Knit Underwear 3 flat circular knit.. 2 than 6.00 yards per pound or heavier Men’s Knit Union Suits 3 tricot warp knit... 2 than 3!50 yards per pound both based Untrimmed vests...... Heavyweight (over 9 lbs. on 36 inch width knit from 150 denier per doz. for size 42, long 13 all cotton...... yarn. If other deniers are used, weights sleeve ankle length). (2 wool percentages. / 2 ¡1 milanese warp 2 are to be in proportion. 3...... _ 4 knit. 2 wool percentages.. 2 Trimmed panties...... 1 ribbed knit_____ 2 (4) No filament rayon shall be used Wool spun—rihhcd. ,„ .r. 3 wool percentages.. 2 3 flat circular knit.. 2 in the manufacture of men’s, shirts, 2 1 3 tricot warp k n it.... shorts and unionsuits. Men’s Knit Shirts Untrimmed panties. (d) Fair distribution of products. It 1 milanese warp 3 is hereby declared to be the policy of Heavyweight (over 7 lbs. 12 all cotton . _ 1knit. per doz. for size 42, long (2 wool percentages. 3 flat circular knit.. j the War Production Board that material sleeve). } 2 3 tricot warp knit.. produced in accordance with this order Medium weight (with 2...... i ___... 2 Untrimmed chemise. sleeves). shall be distributed equitably and that Lightweight (with 2______2 no person shall discriminate, in the sleeves). Trimmed chemise_____ 11 milanese warp 3 4 2 knit. acceptance or filling of orders, sales or 3 ...... 2 Unionsuits______1 fibbed k n it...... 1 deliveries, as between customers who Fleeced...... 2______1 3 flat circular knit.. 2 meet his established prices and terms. Athletic shirts (sleeve- 3______2 Children’s (sizes B-16) 3 tricot warp knit.. Upon complaint of any person or with­ less). Rayon Knit Underwear out such complaint, the War Production Men’s Knit Drawers Vests...... 121 (The milanese same warp two 2 Panties...... knit.fabrics shall be , 3 Board may investigate any case of sup­ Heavyweight* (over 6 lbs. Combinations______(3 tricot warp knit.. 2 posed failure of any person to distribute per doz. for size 38, 12 all cotton 41 milanese warp 2 (2 wool percentages. 1 2 used for all three j his product equitably, and may issue ankle length). Children’s (sizes t-16) l knit.types). Medium weight. _____ 2 ___ 2 Knit Underwear 12...... 2 such instructions as are necessary to Lightweight ______3 ______2 I lightweight all ] obtain equitable distribution. Any in­ Wool spun—flat...... 4...... 1 Union suits (other than . cotton. Wool spun—ribbed...... 3 ...... 1 tuck stitch). structions pursuant to this paragraph Fleeced...... 2______1 to be valid must be in writing. Sleeping Garments Tuck stitch union suits.. I2 heavyweight aH > 4 (e) Exception. The prohibitions and cotton. restrictions of paragraph (€) shall not Men’s. .. 3 2 1 wool percentage.. J apply to knit underwear sweat shirts or Boys’...... — 3 2 3 (one all cotton 2 and two wool ' & T shirts delivered to or for the account Sweat Shirts percentage or one r 1 of the Army or Navy of the United wool percentage States, the United States Maritime Com­ Men’s and Boys’______3...... 2 Combinations (sizes 2-8 and two all cot­ only). ton). mission or the War Shipping Admin­ T Shirts I lightweight all 1 istration. * cotton. Men’s, Boys’, Ladies’, 3______3 (f) Appeals. Any appeal from the Misses’ and Children’s. provisions of this order shall be made Waist suits (sizes 2-12)... Boys’ Knit Union Suits I2 heavyweight all > 4 by filing a letter in triplicate, referring cotton. to the particular provision appealed Heavyweight (over 5H 12 all cotton . . 1 wool percentage.. 4 lbs. for size 34, long V ests...... I lightweight all ] from and stating fully the grounds of sleeve ankle length). (2 wool percentages. } 8 cotton. the appeal. Lightweight ______2 ______2 Fleeced. ______2______1 (g) Communications to the War Pro­ Pants, briefs and bloom­ duction Board. All reports required to Boys’ Knit Shirts ers. I2 heavyweight all > 4 be filed hereunder, and all communica­ cotton. Shirts (with sleeves)___ (3 all cotton 1 Tuck stitch vest...... 1 wool percentage.. tions concerning this order, shall, unless \2 wool percentages. ; 2 2 lightweight_____ otherwise directed, be addressed to: Athletic shirts (sleeve- 3______>2 Tuck stitch pants, briefs 2 heavyweight all War Production Board, Textile, Clothing, less). and bloomers...... __ cotton,8 and Leather Division, Washington, D. C. Boys’ Knit Drawers Infants’ Knit Underwear 1 wool percentage.. Reference L-247. 1 2lightweight lightweight __ all... 1 * 2 Drawers______(3 all cotton _ ... Bands...... 2cotton. heavyweight . all (h) Violations. Any person Who wil­ \2 wool percentages.. } • 1 heavyweightcotton.3 all • 6 2 fully violates any provision of tftis order, cotton. Ladies’ and Misses’ Knit .1 wool percentage.. or who, in connection with this order, Unionsuits 1 ¡1 1lightweight wool percentage..: all 1(2cotton. all cotton..__ ... 1 „ wilfully conceals a material fact or fur­ U wool percentageJ. J £ nishes false information to any depart­ Heavyweight (over 6 lbs. (2 wool percentages. Shirts...... 21 allheavyweight cotton...... all L 7 o 3 per doz. for size 38, long 42 other than wool 1 woolcotton. percentage *. J ment or agency of the United States, is sleeve, ankle length). l percentages...... 1 ‘ 2 heavyweight 0 guilty of a crime, and upon conviction Footnotes at end of table. , wool percentages. , 5986 FEDERAL REGISTER, Saturday, May 8, 1943

Schedule A—Continued Part 1315—Rubber and P roducts and mum price for the material established Materials of Which Rubber Is a by the Office of Price Administration, Maxi­ Component mum whichever is the lower. The manufac­ num­ [MPR 300,1 Amendment 6] turer’s supplier shall be (i). his Decem­ ber of ber 1941 supplier of the material, or (ii) Permitted types (all with­ Maximum number models MAXIMUM MANUFACTURERS’ PRICES FOR per RUBBER DRUG SUNDRIES lacking a December 1941 supplier of the out decorative trim un­ and kinds of per­ each material, his most recent supplier of less otherwise noted) mitted fabrics type ir­ A statement of the considerations in­ respec­ the material. If neither of these exists, tive of volved in the issuance of this amend­ it shall be his po|ential supplier. For fabric ment, issued simultaneously herewith, used the purposes of this subparagraph (2) has been filed with the Division of the if the manufacturer shall receive a writ­ Federal Register.* Infants’ Knit Under­ ten statement from the seller that the wear—Continued Maximum Price Regulation 300 is material is being sold at a price which is Binders. 1 all cotton___ .... 1 amended in the following respects : not in excess of the maximum price es­ 1 wool percentage.. } 1. Section 1315.1753 (b) is amended by tablished by the Office of Price Adminis­ 2 lightweight y all amending the title and text thereof to Panties and training cotton.’ tration, and if the manufacturer shall pants. 3 read as follows: have no cause to doubt the accuracy of (b) Maximum prices for all rubber the statement, the price as stated by the 12 heavyweight all seller shall be deemed not to be in ex­ drug sundries except those made in whole Combinations. cotton. 1 wool percentage.. *2 or in part of neoprene GN. The maxi­ cess of the maximum price established 2 lightweight all mum price for a sale by a manufacturer by the Office of Price Administration for cotton. *2 Gowns__ .__ ..._____ «2 of any rubber drug sundry covered by that material. Kimonos..______Li...... 1 this section, except one made in whole 5. Section 1315.1769 (a) (1) is amended Infants’ and Children’s 2 all cotton..-ii..— or in part of neoprene GN, shall be the Knit Sleeping Gar­ 121 woolheavyweight percentage.. all 3 to read as follows: ments. cotton. } first applicable among the following 1 wool percentage.. prices, less the deduction required by (1) “Distributor” means a person who 1 Except as to bottom finish. purchases rubber drug sundries, which * Sleeve lengths. paragraph (d) of this section, wherever * Bottom lengths. applicable, and all discounts, allowances, are not finished, packaged or assembled 4 Top finishes. and other deductions which the manu­ by him, from a manufacturer and who * Except as to length. 1 Bottom finish. facturer had in effect for a purchaser of either resells them primarily to whole­ i May be made in both short and long sleeves. the same class on December 1,1941. salers or resells them primarily other Note: Variation of leg length does not constitute a than at retail under his own brand: Pro­ different model of men’s medium weight knit drawers, 2. Section 1315.1753 (c) is redesignated vided, That such person sells rubber drug men’s lightweight knit drawers, boys’ knit drawers, § 1315.1753 (d). ladies’ and misses’ skin tight panties. . sundries which the producer thereof 3. Section 1315.1753 (c) is added to does not sell directly to wholesalers or [F. R. Doc. 43-7221; Filed, May 7, 1943; read as follows: retailers. 11:49 a. m.] •(c) Maximum prices for rubber drug sundries made in whole or in part of 6. Section 1315.1769 (a) (2) is amended Chapter XI—Office of Price neoprene GN. The maximum price for to read as follows: Administration a sale by a manufacturer of any rubber (2) “Manufacturer” means any of the drug sundry made in whole or in part following: P art 1315—Rubber and P roducts and Ma­ (i) Any person engaged in the produc­ terials of Which R ubber I s a Compo­ of neoprene GN, covered by this Section, shall be the price determined in accord­ tion of rubber drug sündriès; nent (ii) Any person who sells rubber drug [RPS 87, as Amended,1 Amendment 5] ance with the provisions of the preced­ ing paragraph (paragraph (b)) less a sundries primarily other than at retail SCRAP RUBBER certain amount. This amount shall be and who finishes, assembles or packages A statement of the considerations in­ determined by multiplying the number the rubber drug sundries sold by him; or volved in the issuance of this amend­ of pounds of neoprene GN required to (iii) Any distributor of rubber drug ment, issued simultaneously herewith, produce the rubber drug sundry by the sundries. has been filed with the Division of the difference between the price in effect for 7. Section 1315.1771 (d) is amended to Federal Register.* neoprene on December 1, 1941, and read as follows:, Section 1315.1263 (g) is added to read $0.45. as follows: (d) The following rubber dental sup­ 4. Section 1315.1754 (c) (2) is amended plies: (g) Maximum prices for hard rubber by amending the text thereof 'to read as Dental dams. scrap. Anything in this regulation to follows: Dental separating strips and mouth props. the contrary notwithstanding, the max­ (2) Materials prices. The price of Orthodontia bands. imum price for hard rubber scrap shall neoprene GN used in bulb and bulb Plaster bowls. be determined in accordance with the goods, catheters, glass molded tubing, Rubber denture, denture suction and model provisions of the General Maximum gloves and stoppers shall be $0.45 a formers. Price Regulation. In applying those pro­ pound. The price of any other materials This amendment shall become effective visions to sales and deliveries by the used in the rubber drug sundries just May 12, 1943. Rubber Reserve Company, other persons named and the price of any materials who were dealing in scrap during March, (Pub. Laws 421 and 729, 77th Cong. ; E.O. used in any other rubber drug sundry 9250, 7 F.R. 7871) 1942, shall be deemed to be competitive shall be the highest price charged on sellers of the same class as the Rubber December 1, 1941, by the manufacturer’s Issued this 6th day of May 1943. Reserve Company. supplier;; except that if the Office of P rentiss M. Brown, This amendment shall become effec­ Price Administration has established a Administrator. tive May 12, 1943. lower maximum price for the sale of [F. R. Doc. 43-7204; Filed, May 6, 1943; (Pub< Laws 421 and 729, 77th Cong.; E.O. that material to the manufacturer by 4:50 p. m.] 9250, 7 F.R. 7871; E.O. 9328, 8 FR. 4681) his supplier, such lower price shall gov­ ern. If the material was not delivered P art 1315—R ubber and P roducts and Issued this 6th day of May 1943. or offered for delivery by the manufac­ Materials of Which R ubber is a Com­ P rentiss M. B rown, turer’s supplier on December 1, 1941, the Administrator. material price shall be the first price at ponent [MPR 301 *, Amendment 5] [F. R. Doc. 43-7203; Filed, May 6, 1943; which the manufacturer’s supplier of­ 4:50 p. m.] fered to sell the material to a purchaser RETAIL AND WHOLESALE PRICES FOR RUBBER of the same class as the manufacturer DRUG SUNDRIES ♦Copies may be obtained from the Office of after December 1, 1941, or the maxi- Price Administration. A statement of the considerations in­ 1 7 F.R. 4781, 5177, 6002, 8700, 8948; 8 F.R. 18 F.R. 867,1369,1388,1585, 2667, 3071, 3840, volved in the issuance of this amend- 4628. 3942. 18 F.R. 837, 1369, 1388, 2669, 3841. FEDERAL REGISTER, Saturday, May 8, 1943 5987 ment, issued simultaneously herewith,1 ginia', and the International Nickel Com­ the dollar total as of April 15, 1943 of has been filed with the Division of the pany, Inc. may buy and receive from any all dollar purchases and sales reported Federal Register.* person, lead-free fluorspar at a price not on OPA Form PRF-1 by all registrants Section 1315.1795 (d) is amended to in excess of $31.75 a ton f. o. b. the pro­ subject to its jurisdiction as to such com­ read as follows: ducer’s railroad or waterway shipping modity, after having made appropriate point. adjustments for wholesale and retail (d) The following rubber dental sup­ percentages. plies: This amendment shall become effec­ (1)A board shall not issue purchase Dental dams. tive May 6, 1943. certificates (OPA Form PRF-3 revised) Dental separating strips and mouth props. (Pub. Laws 421 and 729, 77th Cong.; during a quota period for a quantity of a Orthodontia bands. Plaster bowls. E.O. 9256, 7 F.R. 7871) commodity in excess of the quantity it Bubber denture, dentüre suction and model Issued this 6th day of May 1943. shall be entitled to distribute as com­ formers. puted on its base figure unless the Direc­ Prentiss M. B rown, This amendment shall become effec­ Administrator. tor shall have assigned to that board an tive May 12, 1943. additional quota for use by it above its [F. R. Doc. 43-7207; Piled, May 6, 1943; base figure. (Pub. Laws 421 and 729, 77th Cong.; E.O. 4:51 p. m.] 9250, 7 F.R. 7871) 2. Section 1407.5018 is hereby added to read as follows: Issued this 6th day of May 1943. P art 1407—Rationing of F ood and F ood P roducts P rentiss M. Brown, § 1407.5018 Review by board or Direc­ Administrator. [Restriction Order 4,1 Amendment 2] tor. (a) When the Director or any board having jurisdiction over the area in [F. R. Doc. 43-7205; Piled, May 6, 1943; FOOD COMMODITIES RESTRICTION which an establishment is located has 4:50 p. m.] reason to believe that the amounts or A rationale accompanying this amend­ percentages reported by such establish­ P art 1375—Export Prices ment, issued simultaneously herewith, ment on OPA Form PRF-1 do not repre­ [2d Rev. Max. Export Price Reg.,1 has been filed with the Division of the sent a proper base for computing cur­ Amendment 1] Fédéral Register.* rent quotas and allotments, written no­ Restriction Order 4 is amended in the FINISHED RICE tice shall be served upon such establish­ following respects: ment to appear and show cause why such A statement of the considerations in­ 1. Section 1407.5010 ^ is amended toamounts or percentages so reported by it volved in the issuance of this amendment read as follows: should not be reduced or eliminated. „ issued simultaneously herewith, has § 1407.5010 Application for adjust­ (b) The notice of hearing shall state been filed with the Division of the Fed­ ment. (a) An establishment which has the date, place and purpose of the hear­ eral Register.* not heretofore been eligible to receive a ing and the amounts or percentages The 2d Revised Maximum Export quota or allotment because it did not which the board or the Director believes Price Regulation is amended in the fol­ sell or purchase a commodity in Novem­ to be correct and may be served in per­ lowing respect: ber, 1941 and on whose behalf no quota son or by registered mail. The hearing Paragraph (d) is added to section 7, or allotment had been determined on shall be held not less than three days to read as follows: or before April 15, 1943, or an establish­ after notice, if served in person, and not (d) The maximum export premium to ment which believes that its circum­ less than five days after the mailing of be charged on an export sale of finished stances have been changed since Decem­ the ^notice if served by registered mail. rice shall be an amount not in excess of ber 1, 1941 because of the investment Hearings shall be informal and all rea­ 4 per cent of the maximum domestic of additional capital therein or because sonable doubts shall be resolved in favor price figured Qn the f. o. b. basis under of a change of its location or in the of the establishment. section 6 of the Revised Maximum Price event that its business is of a seasonal, (c) If the establishment fails to ap­ Regulation No. 150. nature so that the amounts or per­ pear at the hearing or if the board or centages as reported on OPA Form Director determines on the basis of the Amendment No. 1 shall become effec­ PRF-1 do not represent a proper base information presented at the hearing tive May 12, 1943. for computing quotas or allotments, may that the amounts or percentages re­ (Pub. Laws 421 and 729, 77th Cong., apply to the board for assignment of ported on OPA Form PRF-1 do not rep­ E.O. 9250, 7 F.R. 7871) new base amounts or percentages for resent a proper base for computing cur­ purposes of tibmputing future quotas or rent quotas or allotments, an order shall Issued this 6th day of May 1943. allotments. be entered amending such figures in con­ P rentiss M. Brown, (1) The board shall hear the ap­ formity with the notice and the evidence A.dministrator. plicant, examine all the evidence and so as to represent a proper base for com­ [F. R. Doc. 43-7206; Filed, May 6, 1943; shall, within five days after the filing puting current quotas and allotments: 4:50 p. m.] of the application, deny the application Provided, That if any person against or prepare a new registration statement whom an order has been entered for fail­ on OPA Form PRF-1 on behalf of the ure to appear shows good cause for such P art 1376—F luorite establishment, shall enter in the ap­ failure within five days after service of [MPR 126, as Amended, Amendment 3] propriate spaces under the column the order, he shall be granted a full hear­ FLUORSPAR SALES TO INTERNATIONAL headed “November 1941“ the amounts ing. A decision shall be rendered within NICKEL CO., INC. based on which all future quotas or three working days after the termina­ allotments shall be determined and shall tion of the hearing and shall be served A statement of the considerations in­ set forth all other pertinent data. promptly on the establishment by per­ volved in the issuance of this amend­ ,(i) Such OPA Form PRF-1 shall bear sonal service or by registered mail di­ ment, issued simultaneously herewith, the endorsement “Prepared by Board rected to its last-known address. When has been filed with the division of the N o .___ after hearing duly held pur­ such order is entered by a board, a copy Federal Register.* suant to Restriction Order 4, § 1407.5010“ thereof shall promptly be forwarded to Section 1376.1a is amended to read as and shall be dated and signed by one the Director, and when entered by the follows: member of the board. One copy shall Director, a copy shall promptly be for­ § 1376.1a Maximum prices for sales of be retained by the board, one copy shall warded to the board having jurisdiction. lead-free fluor spar, to the International be mailed to the Director and one copy An order entered by a board shall con­ Uickel Company, Inc. Any person may shall be mailed to the establishment to­ tain notice of the right of appeal con­ sell or deliver to the International Nickel gether with a statement of its right of ferred by this Restriction Order 4. Company, Inc., Huntington, West Vir- appeal. 3. Section 1407.5019 is added to read (b) Each board’s base figure with as follows: * Copies may be obtained from the Office respect to a specific commodity shall be of Price Administration’. § 1407.5019 Appeals from decisions *8 PR. 4132. *8 F.R. 3417, 4190. of boards, (a) Any person may within No. 91----- 4 5988 FEDERAL REGISTER, Saturday, May 8,1943

10 days after receipt thereof appeal has been filed with the Division of the Sec. from an adverse decision of a board. Federal Register.* 1410.55 Enforcement, Appeals from the action of a board shall Restriction Order 4 is amended in the 1410.56 Petitions for amendment and ad­ be to the Director and shall be brought following respects: justment; 1410.57 Definitions. by the person entitled to the appeal in 1. Section 1407.5009 (b) (2) is amended 1410.59 Effective date of Revised Price the following manner; by deleting the numeral “2” before the Schedule NO. 58. (1) A statement of appeal shall be filed word “pounds” and by inserting the 1410.60 Effective dates of amendments. in duplicate with the board. The state­ numeral “3” in its place and stead. 1410.61 Appendix A: Maximum prices for ment of appeal shall be on Form OPA 2. Section 1407.5009 (c) (1) is amended domestic pulled wools. 122, and shall state the basis for the ap­ by deleting the phrase “twenty dollars 1410.62 Appendix B: Maximum prices for peal, setting forth the specific section or ($20.00) ” before the phrase “of the dol­ wool tops and noils. 1410.63 Appendix C: Maximum prices for sections of Restriction Order 4 claimed lar value of rice” and by insertihg in scoured domestic shorn wools. to be inconsistent with the action ap­ its place and stead the phrase “thirteen 1410.64 Appendix D: Maximum prices for pealed from, and any other facts called dollars and thirty-three cents ($13.33).” wool yarns.- for by the form, or deemed by the appel­ 3. Section 1407.5009 (g) is added to 1410.6J Appendix E: Maximum prices for lant to be pertinent. The statement may read as follows: foreign shorn wools. be accompanied by documentary evi­ 1410.66 Appendix F: Maximum prices for (g) The Director may authorize a foreign pulled wools. dence supporting the appeal. board to issue purchase certificates (OPA (2) Within five days of such filing, the A u t h o r i t y : §§ 1410.51 to 1410.66, inclusive, Form PRF-3 revised) to a person, in Issued pursuant to the authority contained board shall forward one copy of the which the word “lard” is substituted statement and an explanation of its rea­ in Pub. Laws 421 and 729, 77th Cong.; E.O. for the word “shortening” or in which 9250, 7 F.R. 7871. sons for taking the action appealed the word “shortening” is substituted from, together with all pertinent records for the word “lard,” whenever he de­ § 1410.51 Maximum prices for wool or papers, to the Director, unless the termines that supplies of either com­ and wool tops and yarns, (a) On and Board shall, within such five-day period, modity are inadequate or unavailable. after February 2, 1942, no person shall upon reconsideration, reverse the action sell, offer to sell, deliver or transfer wool appealed from. If the board disagrees This amendment shall become effec­ or wool tops or yarns at prices higher with the version of the facts contained tive on May 3, 1943, at 8:00 a. m. than the maximum prices established in the appellant’s statement of appeal or (Pub. Laws 671, 76th Cong., as amended herein: Provided, That contracts entered in other papers in the record, the board by Pub. Laws 89 and 507, 77th Cong., into prior to December 18, 1941, calling shall note the respects in which its ver­ W.P.B. Dir. No. 1, Pub. Laws 421 and 729, for a price higher than the maximum sion of the facts differs. 77th Cong., E.O. 9250, 7 F.R. 7671, Supp. prices may be carried out at the contract (3) The board shall retain the other Dir. No 1-J, 7 F.R. 8731, E.O. 9280, 7 price. copy of the statement of appeal and shall F.R. 10179, F.D. No. 3, 8 F.R. 2005) Cb) (1) The maximum price for wool keep a record thereon showing the date and wool tops and yarns, except the types on which the board notified the appel­ . Issued this 28th day of April 1943. and grades enumerated in Appendices lant of the action appealed from, the William B. Mead, A, B, C, D, E and F hereof (incorporated date on which the statement of appeal Director for Puerto Rico. herein as §§ 1410.61 to 1410.66, inclusive) was filed and the date the statement of shall be the highest price contracted for [F. R. Doc. 43-7208; Filed, May 6, 1943; appeal and other papers were sent to the 4:49 p. m.] or received by the seller for the sale or Director. delivery during the period between Octo­ (b) The Director may require the ap­ ber 1, 1941 and December 15, 1941, in­ pellant to present additional pertinent clusive, of such wool or wool tops or information. 'The Director, may at the Part 1410—Wool yarns of the same class, kind, type, con­ request of the appellant, order that a [RPS 58, as Amended,1 including Amend­ dition, and grade to a purchaser of the hearing be held on the appeal. same general class: Provided, That if (c) Appeals shall be decided by the ment 13] during said period no such sale or de- Director, who may affirm, modify or re­ WOOL AND WOOL TOPS AND YARNS livery • were made, the maximum price verse the action of the board. The de­ shall be a price in line with the maxi­ cision shall be in writing and one copy Paragraphs (e) and (f) of § 1410.65 apd mum prices for related kinds, types, con­ shall be mailed to the appellant and one § 1410.60 (b) were added by Amendment ditions, and grades of such wool or wool to the board. The decision shall direct 13, effective May i2, i943, so that Revised tops or yarns, determined in accordance the board to take such action as may be Price Schedule No. 58, as amended, shall with this paragraph (b) (1) , to a pur­ necessary to give effect thereto. read as follows: chaser of the same general class. This amendment shall become effec­ A statement of the considerations in­ (2) The maximum price for wool sold tive on April 16, 1943 at 12:00 a. m. volved in the issuance of this Revised by the importer thereof shall be increased Price Schedule No. 58, as amended, has or decreased by an amount equal to the (Pub. Laws 671, 76th Cong., as amended been prepared and is issued, simultane­ actual increase or decrease in war risk by Pub. Laws 89 and 507, 77th Cong., ously herewith.2 insurance rates and freight rates over W.PJ3. Dir. No. 1, Pub. Laws 421 and 729, Sections 1354.1 to 1354.13, inclusive, of those prevailing for wool of the same 77th Cong.; E.O. 9250, 7 F.R. 7671, Supp. Revised Price Schedule No. 58, formerly class, kind, type, condition and grade Dir. No. 1-J, 7 F.R. 8731, E.O. 9280, 7 F.R. embraced under Part 1354—Wool and during said period: Provided, That on 10179; F.D. No. 3, 8 F.R. 2005) Wool Products, are amended and redesig­ shipments evidenced by an ocean bill of Issued this 17th day of April 1943. nated §§1410.51 to 1410.66, inclusive, as lading or similar shipping document set forth below: William B. Mead, dated September 30, 1942, or later, war Director for Puerto Rico. Sec.. risk insurance rates computed under this 1410.51 Maximum prices for wool and wool section shall not exceed the rates for war [F. R. Doc. 43-7196; Filed, May 6, 1943; tops and yarns'. risk insurance written by the War Ship­ 4:49 p. m.] 1410.51a Maximum prices for sales and de­ liveries of certain wool fabrics to ping Administration on an identical ship­ the United States Government ment: Provided further, That in all cases and agencies thereof. where the maximum price is so increased, P art 1407—Rationing of Food and Food 1410.52 Less than maximum prices. an invoice or similar document shall be P roducts 1410.53 Evasion. 1410.54 Records and reports. delivered to the purchaser showing the [Restriction Order 4,1 Amendment 3] amount of such increase. FOOD COMMODITIES RESTRICTION ♦Copies may be obtained from the Office [Paragraph (2) as amended by Amendment 8, of Price Administration. 7 F.R. 7602] - ’■ft-. A rationale accompanying this amend­ 17 F.R. 1316. ment, issued simultaneously herewith, ‘ Statements of considerations also are (3) The seller’s maximum price for Issued simultaneously with the issuance of wool or wool tops or yarns which can­ 1 8 F.R. 3417, 41S0. amendments. not be determined in accordance with FEDERAL REGISTER, Saturday, May 8, 1943 5989 subparagraph (1) of this paragraph shall tures selling contract shall determine the Maximum Price Regulation4 with respect be a price in line with the level of maxi­ price at which such wool is so delivered; to sales and deliveries for which maxi­ mum prices established by this Revised (3) The maximum price for grease mum prices are established by this Price Schedule No. 58, as amended, which wool sold by a person who received de­ section. shall be determined by the seller after livery of such wool on said Exchange [§ 1410.51a added by Amendment 3, 7 F.R. specific authorization from the Office of shall be the higher of (i) the seller’s 4117 and amended by Amendment 4, 7 F.R. Price Administration. maximum price for such wool determined 4296] A seller who seeks to determine a in accordance with paragraph (b) or (c) [Note: Supplementary Order No. 31 (7 F.R. maximum price in accordance with this of this section, or (ii) the price at which 9894) provides that: “Notwithstanding the subparagraph (3) shall file with the such person purchased the futures con­ provisions of any prioe regulation, the tax Office of Price Administration in Wash­ tract pursuant to which delivery of such on transportation of all property (excepting ington, D. C., an application setting wool was made; and coal) imposed by section 620 of the Revenue forth: (i) a description in detail of the Act of 1942 shall, for purposes of determining [Paragraphs (1), (2), and (3) as amended by the applicable maximum price of any com­ wool or wool tops or yarns for which a Amendments 6 and 7, 7 F.R. 5512, 6494] maximum price is sought; and (ii)' a modity or service, be treated as though it (4) The maximum price for wool top were an increase of 3% in the amount statement of the reasons why such wool, charged by every person engaged in the wool tops, or yarns cannot be priced un­ futures contracts on said Exchange shall business of transporting property for hire. der subparagraph (1) of paragraph (b) be 140 cents per pound; except that such It shall not be treated, under any provi­ of this section; (iii) the maximum price maximum price shall be increased or sion of any price regulation or any inter­ for the most nearly comparable wool or decreased by one cent per pound for pretation thereof, as a tax for which a charge wool tops or yarns and a statement of each 1% that the war risk insurance may be made in addition to the maximum the characteristics which differentiate rate on insurance written by the War price.”] the wool or wool tops or yarns for which Shipping Administration on wool im­ [Note: Supplementary Order No. 34 (7 F.R. a maximum price is sought; (iv) such ported from Australia to the east coast 10779) permits special packing expenses to other information as may be required prevailing on the date such contract is be added to maximum prices on sales to pro­ by the Office of Price Administration. made is, respectively, above or below curement agencies of the United States.] If such authorization is given it will 7%%: Provided, That contracts entered § 1410.52 Less than maximum prices. be acqpmpanied by instructions as to into prior to December 18, 1941, calling Lower prices than the maximum prices the method of determining the maxi­ for a price higher than the maximum established by Revised Price Schedule No. mum price. Within ten days after such price may be carried out at the contract 58, as amended, may be charged, de­ price has been determined, the seller price: Provided further, That wool top manded, paid or offered. shall report the price to the Office of futures contracts entered into after De­ cember 18, 1941 at a price no higher § 1410.53 Evasion. The price limita­ Price Administration in Washington, tions set forth in Revised Price Schedule D. C. The price reported shall be subject than the maximum price determined in accordance with this Revised Price No. 58, as amended, shall not be evaded to adjustment at any time by the Office whether by direct or indirect methods in of Price Administration. Schedule No. 58, as amended, on the date such contract was made may-be connection with a purchase, sale, delivery [Paragraph (3) added by Amendment 9,7 Fit. carried out at the contract price. or transfer of wool or wool tops or yarns, 7945] alone or in conjunction with any other [Paragraph (4) as amended by Amendments (c) On and after March 27, 1942, not­ 8 and 11, 7 F.R. 7602, 10257] material, or by way of any premium, com­ withstanding the provisions of para­ mission, service, transportation, or other graphs (a) and (b) above, no person shall § 1410.51a Maximum prices for sales charge, or by a tying-agreement or other sell, offer to sell, deliver or transfer wools and deliveries of certain wool fabrics to trade understanding, or by any other or wool tops or yarns of the types and the United States Government and agen­ means. grades enumerated in Appendices A, B, cies thereof—(a) Sales and deliveries of § 1410.54 Records and reports, (a) C, D, E, and F hereof, incorporated here­ 10y2 oz. shirting flannel to the United Every person making purchases or sales in as §§1410.61 to 1410.66, inclusive, and States Army. (1) On and after July 1, of wool or wool tops or yarns in the no person shall buy, offer to buy, or ac­ 1942, regardless of any contract, agree­ course of trade or business after Decem­ cept delivery or transfer of such wools or ment, lease or other obligation, no per­ ber 17, 1941, shall keep for inspection by wool tops or yarns at prices higher than son shall sell or deliver, or offer to sell the Office of Price Administration, for the maximum prices set forth in Ap­ or deliver to the United States Army a period of not less than one year, com­ pendices A, B, C, D, E, and F: Provided, 10% oz. shirting flannel of the specifica-* plete and accurate records, of each such That contracts entered into prior to De­ tions set forth in United States Army purchase and sale, showing the date cember 18,1941, calling for a price higher Requisition No. 8-54C at a price higher thereof, the name and address of the than the maximum prices may be carried than the applicable maximum price set buyer and the seller, the price contracted out -at the contract price. forth in subparagraph (2) below. for or received and the quantity of each (d) Sales at retail are exempted from (2) The maximum prices for sales and class, kind, type, condition and grade the operation of Revised Price Schedule deliveries to the United States Army of of wool or wool tops or yams sold. No. 58, as amended. 10% oz. shirting flannel of the specifica­ (b) Such persons shall submit such (e) The maximum prices determined tions set forth in United States Army reports to the Office of Price Administra­ in accordance with this Revised Price Requisition No. 8-54C shall be as follows:; tion and keep such other records in Schedule No. 58, as amended, shall be addition to or in place of the records re­ the maximum prices for all transactions quired in paragraph (a) of this section except Sales and Sales and deliveries deliveries as the Office of Price Administration (1) The maximum prices for grease by inte­ by non- may, from time to time, require or grated mills integrated wool futures contracts traded on the i ' " mills permit. Wool Associates of the New York Cotton 4 § 1410.55 Enforcement, (a) Per­ Exchange, Inc. shall be 103.5 cents per 100% domestic wool...... $2.13 $2.17 sons violating any provision of this pound; 60% domestic, 50% foreign wool...... ___ 2.10 2.14 Revised Price Schedule No. 58, as (2) The maximum price applicable to 100% foreign wool...... 2.07 2.11 amended, are subject to the civil and deliveries of grease wool on said Ex­ , criminal penalties provided for by the change shall be the seller’s maximum ! Emergency Price Control Act of 1942. price3 determined in accordance with The maximum prices for such shirting paragraph (b) or (c) of this section: « (b) Persons who have evidence of any flannel in other proportions of foreign violation of this Revised Price Schedule Provided, That for the purposes of this and domestic wool shall be determined in subparagraph (2) the price of the fu- No. 58, as amended, or any price sched­ proportionate relation to the maximum • ule, regulation or order issued by the 8 Determined by the seller in good faith prices set forth above. | prior to final grading and appraisal by Ex­ (3) The provisions of this section su- * * 8 F.R. 3096, 3849, 4347, 4486, 4724, 4978, change inspectors. persede the provisions of the General ^ 4848. 5990 FEDERAL REGISTER, Saturday, May 8, 1943

Office of Price Administration or of any (2) “Wool” means the fibers from the tract for the importation of any of the acts or practices which constitute such fleece of the sheep or lamb, or hair of types of wool covered by this Amendment a violation are urged to communicate the Angora or Cashmere goat or of the with the nearest field or regional office camel, alpaca, llama or vicuna, and shall No. 13 which was entered into prior to of the Office of Price Administration or include noils, except that sales of un­ May 12, 1943, at a price not in excess of its principal office in Washington, D. C. scoured wool shorn from sheep or lambs the then applicable maximum price and l§ 1410.55 as amended by Supplementary Or­ in the continental United States are for which an irrevocable letter of credit der 3, 7 Fit. 2132] excepted from the operation of this Re­ was issued prior to May 12, 1943, may be [Note: The provisions of Supplementary vised Price Schedule No. 58, as amended. completed at the contract price. Order No. 36 (8 F.R. 1798), licensing sellers of [Paragraph (2) as amended by Amendment 1, yarns, textiles, textile products and services 7 F.R. 3088] § 1410.61 Appendix A; Maximum prices relating thereto, are applicable to sellers for domestic pulled wools. The prices set whose sales are subject to Revised Price (3) “Wool tops” means tops made forth below are maximum prices for do­ Schedule No. 58, as amended.] wholly or in part of wool; mestic pulled wools of average to good § 1410.56 Petitions for amendment (4) “Yarns” means yarns containing character. The maximum prices for and adjustment, (a) Any person seek­ 10% or more wool by fiber weight, ex­ wools of choice character, for off color ing an amendment of any provision of cept (i) imported yarns and (ii) yarns wools arid for inferior wools shall be de­ dyed and converted for the handknitting termined in accordance with paragraphs this Revised Price Schedule No. 58, as trade. amended, may file a petition for amend­ (b), (c) and (d) of this section. ment in accordance with the provisions [Paragraph (4) as amended by Amendment 7, All maximum prices are prices per of Revised Procedural Regulation No. 1. 7 F.R. 6494] pound f. o. b. shipping point and shall [Paragraph (a) as amended by Supplemen­ (5) “Sales at retail” means sales to include all commissions and other tary Order 26, 7 F.R. 8948] the ultimate consumer: Provided, That charges except as provided in paragraph (e) of this section. Terms of sale shall (b) A seller who claims that his maxi­ no manufacturer, processor, purchaser mum price established by § 1410.51 (b) for resale or commercial user shall be be cash less 1% up to 10 days or 60 days (1) is abnormally low in relation to the deemed to be an ultimate consumer. net cash. maximum prices prevailing in the same (6) “War risk insurance written by (a) Wools of average to good charac­ or nearest competitive area for wool or the War Shipping Administration” ter—(1) Worsted type. wool tops or yarns of the same or similar means the basic war risk coverage and class, kind, type, condition and grade the extended transhipment coverage pro­ vided by the War Shipping Administra­ Clean sold by other sellers of the same general - Grade and lengths basis - Scoured class to purchasers of the same general tion. [Paragraph (6) added by Amendment 8, 7 F.R. class, may file a petition for adjustment 70s, 2 inches and longer _ . , $1.22 $1.28 of that maximum price-in accordance 7602] 64s and finer: 2)4 inches and longer -.... 1.20 1.26 with Procedural Regulation No. 1 B: Pro­ (b) Unless the context otherwise re­ 1)1 to 2)4 inches...... 1.18 1.21 vided, That until such time as an order quires, the definitions set forth in section 60s, 64s: of adjustment is issued by the Office of 2 inches and longer___ 1.18 1.24 302 of the Emergency Price Control Act l )4 to 2)4 inches______1.12 1.18 Price Administration the seller shall of 1942 shall apply to other terms used 60s: comply with his maximum price for such herein. 3 inches and longer______1.16 ' 1.21 1)4 to 3 inches______1.13 1.19 wool or wool tops or yarns established by § 1410.59 Effective date of Price 68s: 11410.51(b) (1). No application for ad­ 3 inches and longer____. _____ 1.12 1.17 Schedule No. 58. Price Schedule No. 58 2 to 3 inches______1.08 1.13 justment filed after November 15, 1942, (§§ 1354.1 to 1354.9, inclusive) shall be­ 66s: will be granted under this paragraph 3Vi inches and longer ...... 1.08 1.13 come effective December 18, 1941. 2 to 3)4 inches...... ■_____ 1.04 1.09

(c) Off color pulled wools, choice charge on the invoice or similar docu­ changes in war risk insurance rates in character. ment delivered to the purchaser, and (3) accordance with subparagraph (1) of the commission is not split or divided this paragraph. Prices of Choice with the seller or with an agent or an The maximum prices for wool tops Wools employee of the seller. made of blends of foreign and domestic Grade §1410.62 Appendix B: Maximum wools or of different types of foreign wools shall be determined in accordance Clean Scoured prices for toool tops and noils—(a) Wool basis tops. The prices set forth below are with subparagraph (2) of this paragraph. maximum prices for oil combed wool tops All maximum prices are prices per BLACK pound f. o. b. combing plant and shall 60s, 64s...... $1.06 $1.12 (15% regain, 3Vi% oil and grease). The 68s, 60s...... 1.02 1.07 maximum prices for dry combed tops include all commissions and other 66s, 68s______...... _____ .97 1.02 shall be the maximum prices set forth charges except as provided in subpara­ GRAY below plus 2lU%. graph (3) of this paragraph. 60s, 64s...... 1.05 1.10 The maximum prices set forth below Terms of sale shall be cash less 1% 60s...... 1.02 1.07 66s, 68s...... 95 1.00 shall be adjusted to take into account up to 10 days or 60 days net cash. 66s, 60s...... 88 .93 60s, 56s...... 86 .91 WORSTED TOPS 48s, 60s...... 84 .89 46s, 48s...... 80 .86 40s, 44s...... 68 .62 Other foreign tops and blends

SHANK 66s and finer______.86 .90 Buenos Aires, 60s to 56s...... 75 .80 United Cape New Zea­ San Julian, 44s to 60s...... 70 .76 Grades and staples States Australian South land, Monte­ Santa Cruz, grown Africa video, Punta, Chubut, Cordel- wool Magellanes, lera, Rio Negro, [Table as amended by Amendment 5, 7 F.R. Deseado, Rio Concordia, Gallegos, Bra­ 4299] Corriente zilian, Chilian The maximum prices for Gray and (Not Punta) Black wools of average character shall $1.54 $1.54 be 3 cents per pound less than the appli­ 1.46 1.48 cable maximum price for off color pulled 64/70S ~...... 1.44 1.46 wools of choice character set forth above. $1.64 (d) Inferior pulled wools. The maxi­ 1.60 64s and Finer Warp"___ ...... 1.62 1. 42 1.45 $1.50 $1.56 mum prices for inferior pulled wools 1.60 1.40 1.43 1.54 shall be determined by deducting from 64s French Combing _ . ______1.68 1.37 1.40 1.47 1.51 1.37 the applicable maximum price for pulled 62s Warp ' ___ . ______...... 1.58 1.39 1.42 1.48 1.48 wools of good character, set forth in 1.66 1.37 1.40 1.46)4 1.46)4 1.54 1.34 1.37 1.44 « .1.44 paragraph (a) of this section the follow­ 1.60 ing amounts: 1.55 1.35 1.38 1.45 1.46)4 <1) Slightly stained wools—2 cents per 1.52 1.33 1.36 1.43 1.45 1.46 1.27 1.30 1.40 1.40 lb. 1.43 1.24 1.27 1.37 (2) Yellow or heavily stained wools— 1.39 1.23 1.26 1.29 1.33 1.36 1.21 1.23 1.26 1.30 5 cents per lb. 50/563 Warp .*__ 1.31 1.20 1.27 1.28 (3) Seedy or burry wools which, in 1.29 1.24 1.25 1.27 1.18 1.25 1.24 accordance with established trade prac­ 1.25 1.15 1.18 1.22 1. 21 tice, do not require carbonizing, neutral­ 1.18 1.18 izing and/or dusting, 30 per lb., after ad­ 1.21 1.08 1-16 1.19 1.20 1.13 1.16 justment has been made for color in ac­ 1.08 1.01 cordance with subparagraphs (1) and 1.08 1.06 .85 .96 .85 (2) above. .89 (4) Seedy or burry wools which, in .83 .85 .64 accordance with established trade prac­ .63 tice, require carbonizing, neutralizing .82 .63 and/or dusting, 100 per lb., after adjust­ .62 ment has been made for color in accord­ ance with subparagraphs (1) and (2) above: Provided, That where such wools (1) Adjustments for increases or de­ 7^ %. For grades coarser than 56’s such are sold in a carbonized, neutralized creases in war risk insurance rates, (i) adjustment shall be one-half cent per and/or dusted state the actual charges The maximum prices set forth above for pound for each such 1 % increase or de­ plus an allowance for actual shrinkage tops made of South American wools of crease in such war risk insurance rattv may be added to the maximum price so 56’s grade or finer shall be increased or (Hi) The maximum prices set forth long as the charges and shrinkage allow­ decreased by one cent per pound for each above for tops made of South African ance are set forth in the invoice or simi­ 1% that the war risk insurance rate on wools of 56’s grade or finer shall be in­ lar document delivered to the purchaser. insurance written by the War Shipping creased or decreased by one cent per pound for each 1% that the war risk [Paragraph (d) as amended by Amendments Administration prevailing on the date 5 and 8, 7 F.R. 4299, 7602] the contract of sale is made is, respec­ insurance rate on insurance written by tively, above or below 2 % %. For grades the War Shipping Administration pre­ (e) Brokers’ commissions. In cases coarser than 56’s such adjustment shall vailing on the date the contract of sale where a purchaser or a seller of domestic be one-half cent per pound for each 1 % is made is, respectively, above or below pulled wool employs a broker or other increase or decrease in such war risk 4%. For grades coarser than 56’s such agent to make a purchase or sale on his insurance rate. adjustment shall be one-half cent per behalf, a commission of not to exceed (ii) The maximum prices set forth pound for each such 1 % increase or de­ 1% of the applicable maximum price above for tops made of Australian or crease in such war risk insurance rate. may be charged for such services and New Zealand wools of 56’s grade or finer [Paragraph (1) as amended by Amendment 8, added to the applicable maximum price. 7 FR. 7602] A commission may not be charged to shall be increased or decreased by one both buyer and seller on the same lot of cent per pound for each 1% that the war (2) Maximum prices for wool tops wool. Such commission shall be payable risk insurance rate on insurance written made of blends of foreign and domestic only if (1) the wool is purchased at a by the War Shipping Administration pre­ wools or of different types of foreign price not exceeding the applicable max­ vailing on the date the contract of sale wools. In cases where wool tops are imum price, (2) it is shown as a separate is made is, respectively, above or below made of blends of foreign and domestic

( 5992 FEDERAL REGISTER, Saturday, May 8, 1943 wools or of different types of foreign maximum price, (ii) it is shown as a above for the most closely related class, wools, as classified by place of origin in separate charge on the invoice or simi­ kind, type, condition and grade of Noble, the table above, the maximum prices for lar document delivered to the purchaser, Lister and French Noils on which the such blends shall be based upon the ap­ and (iii) the commission is not split or same processes have been performed. plicable maximum prices for the un­ divided with the seller or with an agent (1) Noils of choice character. The blended wool tops set forth above or employee of the seller. maximum prices for noils of choice char­ weighted in proportion to the amounts (4) Cut tops. The maximum price for acter shall be the maximum prices set of such different types of wools contained cut tops shall be the applicable maximum forth above plus the following amounts: in the blended top. price for the wool top plus two and one- 70s to 58s, inclusive_!______2c (3) Brokers’ commissions. In cases fourth cents per pound. All other grades______— - 3c where a purchaser or a seller of wool [Paragraph (4) added by Amendment 8, 7 (2) Maximum prices for blends. The tops employs a broker or other agent to F.R. 7002] maximum price per pound for a blend of make a purchase or sale on his behalf, a (b) Wool noils. The prices set forth Noble and/or Lister noils with other commission of not to exceed 1% of the types and kinds of noils shall be the sum applicable maximum price may be below are maximum prices for wool noils of the maximum prices for the total charged for such service and added to in cents per pound ex combing plant quantity of each class, kind, type, con­ the applicable maximum price. A com- or ex warehouse, or ex carbonizing plant, dition, and grade of noils included in the l lissiori may not be charged to both and shall include all commissions and blend divided by the total number of buyer and seller on the same lot of wool other charges except as provided in sub- pounds in the blend. tops. Such commission shall be payable paragraph (3) of this paragraph (b) .• (3) Brokers’ commissions. In cases only if (i) the wool tops are purchased at Terms of sale shall be cash less 1% up where a purchaser or a seller of wool a price not exceeding the applicable to 10 days or 60 days net cash. noils employs a broker or other agent to NOBLE AND LISTER NOILS • make a purchase or sale on his behalf, a commission of not to exceed 1% of the Average Carbonized applicable maximum price may be Carbonized Carbonized Carbonized charged for such service and added to Grades to good only clean neutralized Carbonized neutralized neutralized noils not basis clean basis dusted dusted dusted the applicable maximum price. A com­ processed depitehed mission may not be charged to both buyer and seller on the same lot of wool 70s...... -...... $0.78 $0.86 $0.89 $0.92 $0.85 $1.02 64s...... 75 .83 .86 .89 .92 .99 noils. Such commission shall be pay­ 60s, 64s...... _...... 74 .81 .84 .87 .90 .97 able only if: (i) the wool noils are pur­ 60s’ .73 .80 .83 .86 .89 .96 58s ...... 70 .78 .81 .84 .87 .94 chased at a price not exceeding the ap­ 56s, 58s •...... - --T - . .68 .79 .82 .85 .92 plicable maximum price; (ii) it is shown 56s ! ...... 66 .74 .77 .80 .83 .90 £0s, 56s...... - ...... 63 ...... 71 .74 .77 .80 .87 as a separate charge on the invoice or 60sl...... 61 .69 .72 .75 .78 .85 similar document delivered to the pur­ 48s...... -...... 59 .67 .70 .73 .76 .83 46s...... -...... -...... 58 .65 .68 .71 .74 .81 chaser; and (iii) the commission is not .57 .63 .66 .69 .72 .79 split or divided with the seller or with an agent or employee of the seller. FRENCH NOILS (4) Invoices. After June 9,1942, every person making a sale of noils for which 70s...... $0 .6 7 $0 .7 4 $0 .7 7 $0 .8 0 $0 .8 3 $0 .9 0 maximum prices are established in this .6 4 .7 1 .7 4 .7 7 .8 0 .8 7 appendix shall deliver to the purchaser 6 0s, 64s ...... 6 2 .6 9 .7 2 .7 5 .7 8 .8 5 60s...... -...... 6 1 .6 8 .7 1 .7 4 .7 7 .8 4 an invoice or similar document which 58s ...-...... 5 8 .6 5 .6 8 .7 1 .7 4 .8 1 shall show, in addition to the other items 56s , 58s ...... 5 5 .6 2 .6 5 .6 8 .7 1 .7 8 .5 2 .5 9 .6 2 .6 5 .6 8 .7 5 specifically required in this Revised .5 1 .5 8 .6 1 .6 4 .6 7 .7 4 Price Schedule No. 58, as amended: (i) .4 8 .5 5 .6 8 , .6 1 .6 4 .7 1 .4 6 .5 3 .5 6 .5 9 .6 2 .6 9 the class, kind, type, condition and grade 36s, 40s , 44s ______.4 2 .5 0 .5 3 .5 6 59 .6 6 of noils shipped or delivered, indicating the processes to which they were sub­ COLORED NOILS jected; (ii) the selling-price per pound; and (iii) if the sale was of a blend, the Noble and lister quantity of each class, kind, type, con­ RECOMBED WHITE NOILS dition and grade of noil included. First combing Recombed [Paragraph (b) as amended by Amendments Grades 6, 6, and 8, 7 F.R. 4299, 5512, 7602] Grades Noble and French Solid Solid lister Mixed shades, Mixed shades, § 1410.63 Appendix C: Maximum shades khaki, shades khaki, prices for scoured domestic shorn wools. $0.95 .$0.83 pastel pastel .90 .78 The prices set forth in paragraph (a) 66sj 58s...... 84 .74 64s, 70s______$0.57 $0.65 $0.62 $0.70 below are maximum prices, f. o. b. East­ .73 .68 60s, 64s__ ...... 52 .60 .57 .65 ern Seaboard, for domestic shorn wools 56s, 58s...... 47 .65 .52 .60 50s, 56s and lower.... of average to good character sold in the .45 .53 .50 .58 scoured state. The maximum prices for French such wools of choice character, for in­ NATURAL GREY NOILS ferior wools and for carbonized, neutral­ ized, dusted or depitehed wools shall be 64s, 70s______$0.50 $0.58 $0.55 $0.63 60s, 64s...... ___ .46 .54 .51 .59 determined in accordance with para­ $0.55 $0.50 56s, 58s.;...... 42 .50 -.47 .55 graphs (b), (c), (d) and (e) of this sec­ .51 .47 60s, 56s and lower__ .37 .45 .42 .50 tion. All maximum prices are prices per pound and shall ihclude all commissions The maximum price for Recombed and dusted; carbonized, neutralized and and other charges except as provided fn White Noils, Natural Grey Noils or Col­ dusted; or carbonized, neutralized, paragraph (g) of this section. Terms of ored Noils which afe carbonized only; dusted and depitehed shall be a price in sale shall be cash less 1% up to 10 days carbonized and neutralized; carbonized line with the maximum prices set forth or 60 days net cash. FEDERAL REGISTER, Saturday, May 8, 1943 5993

(a) Wools of 'average to good char-, (5) Black or grey wools, 200 per lb. ment delivered to the purchaser and (3) acter. (6) Dead wools, 250 per lb. the commission is not split or divided (7) Karrakul wools, 350 per lb. with the seller or with an agent or an Scoured wools, prices (8) Wool containing fibers of sisal or employee of the seller. No such commis­ per pound binder twine, 100 per lb. sion may be charged and added to the (9) Improved Navajo wools, 50 per lb. maximum price by cooperative market­ Sorted Unsorted (10) Unimproved Navajo wools, 100 ing associations or other persons making per lb. sale$ of wool held on consignment from ■WORSTED TYPE, (d) Carbonized, neutralized and/or GRADE AND LENGTHS the grower. dusted wools. The maximum prices for (h) Invoices. After June 9, 1942, Fine, 70s, 2 inches and carbonized, neutralized and dusted wool longer...... $1.29 $1.20 every person making a sale of scoured Fine, 64s and finer: shall be determined by adding 50 to the domestic shorn wools shall deliver to 214 inches and longer__ 1.27 1.24 applicable maximum price for scoured the purchaser an invoice or similar 114 to 214 inches...... 1.22 1.19 wool of average to good character set H Blood and Fine, 60s, 64s: document which shall show, in addition 2J4 inches and longer__ .1.25 1.22 forth in paragraph (b) of this section. to the other items specifically required 114 to 2H inches___ .... 1.20 1.17 The maximum price for wool carbonized 14 Blood 60s: in this Revised Price Schedule No. 58, as 3 inches and longer____ 1.24 1.21 only, carbonized and neutralized, or car­ amended: (1) the class, kind, type, con­ 114 to 3 inches...... 1.20 1.17 bonized and dusted shall be reduced to a dition and grade of wool sold; and (2) 14 Blood 58s: 3 inches and longer____ 1.17 1.14 price in line with the maximum price for the price contracted, received or paid 2 to 3 inches______1.14 1.11 the same class, kind, type, condition and therefor, indicating separately any ad­ H Blood 56s: grade of wool carbonized, dusted and 314 inches and longer.... 1.12 1.09 justments made for processing or choice 2 to 314 inches______1.09, 1.06 neutralized. or inferior wools in conformity with the li Blood 50s: (e) Depitched wools. If the wools are provisions of this appendix. 4 inches and longer__ '.. 1.03 1.00 depitched, 70 per lb. may be added to the 2 to 4 inches...... 1.00 .97 [ § 1410.63 as amended by Amendments 5 and }i Blood 48s: applicable maximum price after adjust­ 4 inches and longer___ 1.00 .97 7, 7 F.R. 4299, 6494] 2 to 4 inches...... 98 .95 ment for carbonizing, neutralizing and Low H Blood 46s: . § 1410.64 Appendix D: Maximum 5 inches and longer____ .98 .95 dusting. 3 to 5 inches...... 96 .93 (f) Wools sold in lots containing mixed prices for wool yarns. The maximum Under 3 inches...... 94 .91 prices for Bradford weaving yarns, Brad­ Common and Braid, 36s, grades and lengths. When scoured do­ 40s, 44s: mestic shorn wools are sold in lots con­ ford knitting yarns and French spinning 5 inches and longer___ .99 .96 yarns are set forth below in paragraphs Under 5 inches.______.94 .91 taining different grades or lengths, the amounts of each grade and length in­ (a), (b) and (c). In paragraphs (d) WOOLEN TYPE, GRADE and (e) below, there are set forth the pro­ AND LENGTHS cluded shall be determined by grading a sample portion of the lot or by an esti­ visions for determining the maximum Fine, 64s. under 114 inches. 1.17 1.14 prices for yarns spun from blended for­ 14 Blood, 60s, under 114 mate made in accordance with estab­ inches...... —. 1.14 1.11 lished trade practices, and the maximum eign and domestic wool, and for yarns 14 Blood, 58s, under 2 inches...... 1.09 L06 price for the quantity sold shall be based spun from blended wool and other fibres. % Blood, 56s, under 2 The maximum prices set forth below inches___ ... ___ 1.04 1.01 upon the applicable maximum price for H Blood, 50s, under 2 each grade or length included. are for Bradford weaving yarns and inches...... 97 .95 Bradford knitting yarns with a regain not li Blood, 48s, under 2 (g) Brokers? commissions. In cases inches.....;____ ...... 96 .94 where a purchaser or a seller of scoured to exceed 13% and a maximum oil con­ domestic shorn wool employs a broker tent of 4% and for French spinning (b) Wools of choice character. The or other agent to make a purchase or yarns with a maximum regain of 15%. maximum prices for wools of choice char­ sale on his behalf, a commission of not to (a) Bradford weaving yarns. The acter shall be the maximum prices set exceed 1% of the applicable maximum prices set forth below are maximum prices forth above plus the following amounts: price may be charged for such services per pound, f. o. b. shipping point, for Cents per and added to the applicable maximum Bradford weaving yarns of the base count pound price set forth above. A commission may of 2/30s on Dresser spools or skeins. The (1) Grades 70s to 58s, inclusive------3 fnaximum prices for yarns of other (2) Grades 56s to 48s, inclusive------5 not be charged to both buyer and seller (3) Grades 46s and coarser______8 on the same lot of wool. Such commis­ counts, for yarns on cones or cheeses and sion shall be payable only if: (1) the for yarns sold in the dyed state shall be (c) Inferior uxjols. The maximum wool is purchased at a price not exceed­ determined in accordance with subpara­ prices for inferior wools shall be deter­ graphs (1), (2) and (3) of this para­ mined by deducting from the applicable ing the maximum price established by maximum prices for wools of average to Revised Price Schedule No. 58, as graph. good character, set forth in paragraph amended, (2) it is shown as a separate Terms of sale shall be cash less 2% up (a) of this section, the following charge on the invoice or similar docu- to 10 days or 60 days net cash. amounts: (1) Slightly stained wools, 20 per lb. (2) Yellow or heavily stained wools, Base count 2/30s on dresser spools or skeins 50 per lb. (3) Seedy or burry scoured wools not 70s 64s 62s 60s ' 58s 56s 50s 46/48S 46s 44s 40s requiring carbonizing,6 and cotts, 30 per lb., after adjustment has been made for $2.375 $2.325 $2.275 $2.25 $2.15 $2.05 $1.875 $1.775 color in accordance with (1) and (2) Foreign...... 2.175 2.10 2.05 2.00 1.95 1.925 1.85 1.75 $1.675 $1.425 $1.30 above. (4) Seedy or burry scoured wools re­ (1) (i) The maximum prices for Brad­ iy2i per count for each count from 2/3 Is quiring carbonizing,® 100 per lb., after ad­ to 2/40s. justment has been made in accordance ford weaving yarns of counts above 2/30s 2t per count for each count from 2/41s to with (1) and (2) above. shall be the maximum prices set forth 2/50S. 2l/2t per count for each count from 2/51s •According to established trade practice. above to which shall be added: to 2/60s. 5994 FEDERAL REGISTER, Saturday, May 8, 1943

(ii) For counts less than 2/30s, one cent Single combed black and white f (2) The maximum prices for yams per count shall be subtracted for each mixtures and solid colors 17 %0 per lb. sold on cones shall be the applicable count for 2/29s to 2/20s; yarns of counts Double combed fancy mixes maximum price set forth above plus the below 2/20s shall have the same maximum and sold colors_____ ...... 251 per lb. following premiums: prices as 2/20s. Double combed double and £0 per pound for l/20s or lower. (2) (i) For yams delivered on cones twist______.... __ 271/2 0 per lb. 60 per pound for l/21s to l/30s. or cheeses the maximum prices shall be Double combed uniform twists. 27%0 per lb. 70 per pound for l/31s to l/40s. two cents per pound less than the appli­ Blended yarns dyed__ . . . . 22 % 0 per lb. 80 per pound for l/41s to l/50s. 100 per pound for l/51s to l/60s. cable maximum price for yarns deliv­ (b) Bradford knitting yarns. The 12 %0 per pound for l/61s to l/70s. ered on Dresser spools or skeins. prices set forth below are maximum (h) The maximum prices for single prices per pound, f. o. b. shipping point, (3) The maximum prices for single yarns on cones, cheeses, and Dresser for Bradford knitting yarns of the base yarns sold on Dresser spools shall be the spools shall be the maximum prices for counts of 2/18 to 2/20s in skeins. The applicable maximum price set forth plus two ply yams of the same count, on maximum prices for yarns of other the following premiums: Dresser spools or skeins. counts, for yarns reeled to weight, for 70 per pound for l/20s or lower. (ill) The maximum price for single 80 per pound for l/25s to l/30s. yarn on spinning bobbins shall be 5 cents single yarns on cones, and for yams sold 00 per pound for l/31s to l/40s. less than for two ply yam of the same in the dyed state shall be determined in 100 per pound for l/41s to l/50s. count on Dresser spools or skeins. accordance with subparagraphs (1), (2), 120 per pound for l/51s to l/60s. (3) The maximum prices for yarns (3) and (4) of this paragraph. 14 %0 per pound for l/61s to l/70s. sold in the dyed state shall be the ap­ Terms of sale shall be cash less 3% up (4) The maximum prices for single plicable maximum price set forth above to 10 days, 2% up to 70 days and net cash yarns sold in skeins shall be the appli­ plus the following premiums r thereafter. cable maximum price set forth plus the following premiums: Base counts 2/18 to 2/20s in skeins 80 per pound for l/20s or lower. 90 per pound for l/21s to l/30s. 36/40S 4 0 s 4 0 /4 4 S 44s 60s 60/66S 60s 58s 60s 62s 64s 70s 100 per pound for l/31s to l/40s.‘ 110 per pound for l/41s to l/50s. 130 per pound for l/51s to l/60s. Domestic______$1.776 $1.85 $1.80 $2.00 $2.10 $2.15 $2.20 $2.25 Foreign^...... $1.20 $1.26 $1.376 $1.426 L 7 5 1.825 1.85 1.925 1.95 2.00 2.05 15 %0 per pound for l/61s to l/70s. (5) The maximum prices for twisted yarns shall be the applicable maximum (1) (i) The maximum prices for Brad­ (4) The maximum prices for yarns sold price set forth above plus the following ford knitting yarns of counts above 2/20s in the dyed state shall be the applicable premiums: shall be the maximum prices set forth maximum prices set forth above plus the above to which shall be added: 110 per pound for 2/20s. following premiums: 130 per pound for 2/21s to 2/24s. 1%0 per count for each count from 2/21s 17%0 per pound for 100% worsted yarns. 140 per pound for 2/25s and 2/26s. to 2/30s. 22 %0 per pound for blended yarns. 150 per pound for 2/27s to 2/30s. 1%0 per count for each count from 2/318 17% 0 per pound for 2/3ls to 2/40s. to 2/40s. (c) French spinning yarns. The prices 200 per pound for 2/41s to 2/50s. 20 per count for each count from 2/41s to set forth below are maximum prices per 240 per pound for 2/51s to 2/55s. 2/50s. pound, f. o. b. shipping point, for French 280 per pound for 2/56s to 2/60. (ii) For counts less than 2/18s, one- spinning yarns of the base count of l/30s (6) The maximum prices for single half cent per count shall be subtracted on cops. The maximum prices for yarns warp yarns sold on cops shall be the ap­ for each count to 2/8s. of other counts, for coning, for twist­ plicable maximum price set forth plus the (2) The maximum prices for single ing and for yarns sold in the dyed state following premiums: yarns on cones shall be the maximum shall be determined in accordance with ■2%0 per pound for l/20s to l/24s. prices for two ply yarns of the same subparagraphs (1), (2), (3), (4), (5), 30 per pound for l/25s to l/30s. count on skeins. (6) and (7) of this paragraph. £ 40 per pound for 1/3 Is to l/34s. (3) The following premiums may be Terms of sale shall be as follows: Under­ (7) The maximum prices for French added to the applicable maximum price wear and hosiery yarns—cash less 2% up to yarns sold in the dyed state shall be for Bradford knitting yarns reeled to 10 days E. O. M„ net cash thereafter. the applicable maximum price set forth Weaving yarns—cash less 2% up to 10 days weight: or 60 days net cash. above plus the following premiums: 2%0 per pound for 2 oz. skeins. Outerwear yarns—cash less 3% up to 10 Cents 50 per pound for 1 oz. skeins. days, 2% up to 70 days and net cash there­ Single combed black and white mix­ 120 per pound for skeins under 1 oz. after. tures and solid colors______17% Double combed fancy mixes and solid Base count: l/30s on cops colors ______i.___ _25 Double combed .double and tw ist..__ 27% Double combed uniform twists______27% 70S 64s 62s 60s 58s 56s In skeins______17% For blended yam in skeins______22% Domestic.- .. ____ $2.275 $2.225 $2.175 $2.125 $2.025 $1.95 Foreign______2.075 2.00 1.95 1.90 1.85 1.825 (d) Yarns spun from "blended foreign and domestic wool. When yarns are spun from blended foreign and domestic (1) (i) The maximum prices for 20 per count for each count from l/51s to wool, the maximum price shall be a price l/60s. reduced from the applicable maximum French spinning yams of counts above 2 %0 per count for each count from l/61s l/30s shall be the maximum prices set to l/70s. price for yarns spun from domestic wool forth above to which shall be added: toward the applicable maximum price (ii) For counts less than l/30s, one- for yams spun from foreign wool, in pro­ 10 per count for each count from l/31s to half cent per count shall be subtracted portion to the percentage of foreign wool l/40s. for each count from l/29s to l/20s; yarns in the blend. 1%0 per count for each count from l/41s of counts below l/20s shall have the same (e) Yarns spun from blended wool and to l/50s. maximum price as l/20s. other fibers—(1) Blended yarns spun on FEDERAL REGISTER, Saturday, May 8, 1943 5995 the woolen or worsted systems. Where woolen or worsted system. Except for (4) Woolen sales yarns sold in the yarns are spun from blended wool and the types of yarns enumerated in sub­ dyed state. The maximum prices for other fibers on the woolen or worsted division (i) above the maximum price for. woolen sales yarns sold in the dyed state systems the maximum price shall be a yarns spun from blended wool and other shall be the applicable maximum prices price reduced from the applicable maxi­ fibers on a system other than the woolen set forth in subparagraphs (1), (2) or mum price for yarns spun from wool by or worsted system shall be determined ,(3) of this paragraph, plus 120 per the amount thereby saved in raw ma­ in accordance with the General Maxi­ pound. terial costs. In computing such costs mum Price Regulation or, where ap­ (5) Woolen sales yams sold in the the following percentages of the costs plicable, Maximum Price Regulation No. scoured state. For woolen sales yarns of the raw materials shall be added to 157.1 sold in the scoured state there shall be cover losses due tty waste: • [Paragraph (e) as amended by Amendment added to the applicable maximum price 12, 8 F.R. 1859] set forth in subparagraphs (1), (2) or Up to 20% wool content add 10%. (3) of this paragraph an amount equal From 21% to 40% wool content add 8%. (f) Woolen sales yarns. The maxi­ From 41% to 80% woo^ content add 6%. to the loss due to shrinkage of the yarn From 81% to 95% wool content add 4%. mum prices for woolen sales yarns shall and the actual cost for scouring and for be determined in accordance with sub- packing: Provided, That the amount of Where yarns are spun from blended paragraphs (1), (2) , (3) and (4) of this each such charge shall be separately set wool and mohair on the woolen or paragraph. All such prices shall be forth in an invoice or similar document worsted systems the maximum price shall f. o. b. shipping point with terms of sale delivered tq the purchaser. be a price reduced from the applicable as follows: maximum price for yarns spun from wool [Paragraph (5) added by Amendment 7, Weaving yarns—cash 2% up to 10 days 7 F.R. 6494] by the amount thereby saved in raw or 60 days net cash. material .costs. The amount saved in Outerwear yarns-—cash less 3% up to 10 (g) Premiums for sales by yarn job­ raw material cost shall be the difference days, 2% up to 70 days and net cash there­ bers. The maximum prices for wool between the actual price paid for the after. yarns converted by a yarn jobber from mohair top used and the maximum price (1) Woolen sales yarfis sold on spin­ an undyed to a dyed state shall be the for that portion of wool tops for which ning cops. The maximum prices for applicable maximum price for yarns sold the mohair is substituted. woolen sales yarns sold on spinning cops in the dyed state, set forth in this (2) Blended yarns spun on a system shall be determined by adding to the ac­ section, plus IV2 cents per pound: other than the woolen or worsted sys­ tual cost of the raw material used the Provided, That (1) for the purpose of tem—(i) Maximum prices for 50% wool applicable amount per pound set forth in this paragraph the term “yarn jobber” and 50% cotton merino yarns, carded or the table below. In determining raw ma­ shall be restricted to a person, other combed, spun on the cotton system. The terial costs, only the actual cost of the than a spinner, who purchases yarn in maximum prices set forth below for the blended fibres plus a shrinkage allowance the undyed state and dyes it or has it following types of merino yarns spun on of not to exceed 10% may be used. dyed for his account for the purpose of the cotton system include freight up to Base 2 run 380 per pound. resale and (2) the premiums permitted one cent per pound to the purchaser’s Base 2y 2 run 440 per pound. by this paragraph may not be added to place of business. If the seller does not Base 3 run 500 per pound. the maximum prices for woolen sales pay such freight the maximum price shall Base 3 y 2 run 560 per pound. yarns. be that shown herein less freight up to Base 4 run 620 per pound. (h) Invoices. After June 9, 1942, ev­ one cent per pound at the lowest pub­ Base 4 y2 run 680 per pound. ery person making a sale of yarns for lished rate. Terms of sale shall be 2% Base 5 run 740 per pound. which maximum prices are established up to 15 days or 30 days net cash. Base 5 y2 run 800 per pound. in this Appendix shall deliver to the Base 6 run 860 per pound. purchaser ah invoice or similar docu­ (2) Woolen sales yarns sold on cones, ment which shall show: (1) The per­ Co.t- Price ton Type per tubes, Dresser spools or reelings. The centage of the foreign and domestic wool count pound maximum prices for woolen sales yarns tops used in the manufacture of the sold on cones, tubes, Dresser spools or yarns sold; (2) if the yarn is sold in a 10/1 50% domestic wool, 50% cotton, carded. $1.26 reelings shall be the applicable maximum blend, the percentage of each type and 10/1 25% domestic wool, 25% foreign wool, 50% cotton, carded...... 1.23 price for woolen sales yarns sold on spin­ kind of fibers included; and (3) the sell­ 10/1 50% foreign wool, 50% cotton, carded— 1.20 ning cops set forth in subparagraph (1) ing price per pound. 10/1 50% domestic wool, 50% cotton, combed. 1.34 of this paragraph plus the following pre­ 10/1 25% domestic wool, 25% foreign wool, [ § 1410.64 as amended by Amendments 5 and 50% cotton, combed...... 1.31 miums: 12, 7 F.R. 4299, 8 F.R. 1860] 10/1 50% foreign wool, 50% cotton, combed.. 1.2S 30 per pound for 2 run or lower. 4*/2 0 per pound for 3 run or lower. § 1410.65 Appendix E: Maximum prices for foreign shorn wools—(a) Un­ The maximum prices for single merino 60 per pound for 4 run or lower. 7 y2

Terms of sale shall be cash less 1% up PERUVI4KWOOLS When South American wools are sold to 10 days, or 60 days net cash» Improved A4qU. S. Official standard grades: Peruvian by a dealer, the applicable maximum .___ $0.71 price set forth above may be increased by 60s’ __ IlIIIIIIIIIIIIIir _ .68 Montevideo, Punta, Magel- 68s, 60s______.62 an amount not exceeding 10% of the ap­ lanes, Entre Ríos, Con­ 66s, 58s...... ______cordia, Corriente .:. .68 plicable in bond maximum price or 5 50s, 56s...... __ .53 cents per pound clean basis, whichever is U. S. official standard 46s, 4 8 s ..______,__ __ .49 grades Good Ordinary greater, plus charges actually paid for combing Bellies Peruvian marine and war risk insurance on the fleeces Best and U. S. Official standard grades: wools wool sold: Provided, That where the (practically pieces pieces Merino 60s, 64s..___ ... ______$0.64 free) N o . 1, 68s, 60s...... 60 shipment is evidenced by an ocean bill No. 2, 46s, 56s (Kem py)...... __ .44 G ray...... __ .44 of lading or similar document dated Sep­ $0 73 tember 30, 1942, or later, no amount for 6Cs, 64s...... 71 .68 .65 (1) Inferior wools. The maximum war risk insurance which is in excess of 60s_...... 70 .67 .64 58s, 60s______.67 .64 .61 prices for inferior wools shall be deter­ the cost of war risk insurance written by 66s, 58s______.65 .62 .59 mined by deducting from the applicable the War Shipping Administration appli­ 66s...... 63 .60 .57 maximum prices for shorn foreign wools cable to an identical shipment may be so 508, 56s...... 61 .57 .54 60s...... 59 .55 .52 imported in the greasy or washed condi­ added: Provided further, That an in­ 46s, 50s...... 57 .52 .47 tion, set forth in this paragraph (a), the voice or similar document delivered to the 46s, 48s...... 55, .50 .45 46s...... 51 .45 .40 following amounts: purchaser shall show separately (i) the 44s...... 54 .48 .43 (1) Slightly stained wools, 20 per lb. applicable maximum price of the wool, 40s and lower______.49 .43 .38 (ii) Yellow or heavily stained wools, (ii) the dealer’s mark-up per pound, (iii) 50 per lb. the charges actually paid for marine in­ Buenos Aires, Patagonia. (iii) Seedy or burry wools not requir­ surance and (iv) the charges for war risk Babia Bianca, Pampa, insurance added to the applicable in San Julian, Santa Crai, ing carbonizing,8 and cotts, 30 per lb., Rio Negro, Chubut, Tier- after adjustment has been made for color bond maximum price. Persons buying ra del Fuego, Cordellera, in accordance with (i) and (ii) above. any such wool after it has been once sold- Deseado, Rio Gallegos. by a dealer may resell it at a price not U. S. official standard Brazilian (iv) Seedy or burry wools requiring grades carbonizing,8100 per lb., after adjustment higher than the maximum price appli­ cable to the sale by the dealer under this Good has been made in accordance with (i) combing Bellies and (ii) above. paragraph. - fleeces and (practically pieces [Paragraph (1) as amended by Amendment 5, [Paragraph (3) as amended by Amendment 8, free) 7 FR. 4299] 7 FJt. 7602] (2) Wools of choice character. Max­ [Former (3) and (4) revoked, and former (5) 64s and flner______$0,73 . $0. 68 $0.65 and (6) redesignated (3) and (4) by 60s, 64s...... 68 .66 .63 imum prices for wools of choice char­ Amendment 5, 7 F.R. 4299] 60s...... i...... 67 .65 .62 acter shall be the maximum prices set 68s, 60s...... 6 4 .62 .59 (4) Brokers’ commissions. In cases 66s, 58s______.62 .60 .57 forth above plus the following'amounts: 6 6 s ._ ...... 6 0 .58 .55 where a purchaser or a seller of South 60s, 56s______.5 8 .55 .52 (i) Grades 70s to 58s, 60s, inclusive, American wool employs a broker or other 60s...... 5 6 .53 .50 30 per lb. 46s, 50s______..... __ .5 3 .50 .47 agent to make a purchase or sale on his 46s, 48s...... 51 .48 .45 Provided, That the wools show good behalf, a commission of not to exceed 46s...... 4 6 .43 .40 merino character in fully skirted super 1% of the applicable in bond maximum 4 4 s ...... 45 .'42 .39 40s and lower______.3 2 .30 .28 fleeces, freedom from burrs or other price may be charged for such services deleterious vegetable matter, freedom and added to the applicable maximum from kempy or hairy fibers, freedom SOUTH AMERICAN SECOND CLIP AND price. Such a commission may not be LAMBS’ WOOL from tender wools, evenness of grade and added to the increased maximum price length, and good strength. applicable to sales by dealers provided for (ii) Grades 56s, 58s to 46s, 48s, inclu­ Buenos Aires, in paragraph (5) above. A commission Patagonia, Bahia sive, 50 per lb. and may not be charged to both buyer and Montevideo, Blanca, Pampa, (iii) Grades 46s to 40s and below, in­ seller oil the same lot of wool. Such Punta, San Julian, U. S. official standard Magellanes, Santa Cruz, clusive, 80 per lb. commission shall be payable only if (i) grades Entre Rios, Rio Negro, the wool is purchased at a price not ex­ Concordia, Chubut, Tierra Provided, That wools of the grades del Fuego, Cor­ enumerated in paragraphs (ii) and (iii) ceeding the applicable maximum price Corriente dellera, Deseado, (ii) it is shown as a separate charge in Rio Gallegos, show good medium or coarse crossbred Brazilian or Lincoln character, unusual length and the invoice or Similar document delivered evenness in length and grade in fully to the purchaser and (iii) the commis­ 60s and fln er____ $0.62 $0.60 skirted super fleeces, freedom from burrs sion is not split or divided with the seller 68s, 60s______.58 .57 or an agent or an employee of the seller. 56s, 58s..______.56 .55 and other deleterious vegetable matter, 56s...... 54 .52 freedom from hairy or kempy fibers, free­ (b) South American shorn wools im­ 60s, 56s__ i . _ . _ .52 .50 dom from tender wool, good strength ported in the scoured state— (1) Maxi­ 46s, 50s______.60 .48 mum prices for South American shorn 46s...... 48 .46 and a high degree of lustre. 44s...... 46 .45 wools imported in the scoured state. 40s and low er.____ .40 V .32 (3) Maximum prices for sales of South American ivools by dealers. For the pur­ The maximum prices for South American poses of this section, the term “dealer” shorn wools imported in the scoured state CHILEAN WOOLS shall be restricted to persons who pur­ shall be 20 per lb. scoured above the ap­ chase wool before it is landed in the plicable clean basis prices listed for South American shorn wools imported in U. S. Official standard V ald ivia, Talcahuana, United States and either resell it to a top- grades Orsono C onception maker, spinner or manufacturer for his the greasy or washed condition. own consumption, after it has been (2) Dealers’ margins and brokers’ 60s, 64s______$0.68 shipped from the country of origin, or commissions. The provisions of subpar­ 58s, 60s...... 61 $0.58 agraphs (3) and (4) of paragraph (a) 66s, 58s...... 5 8 .55 resell it after it has been landed in the 60s, 56s...... 5 6 .6 3 United States. of this section shall be applicable to sales 48s, 50s______.53 .61 by dealers and brokers of South Amer­ 46s, 48s...... 4 6 .46 ican shorn wools imported in the scoured * According to established trade practice. state. FEDERAL REGISTER, Saturday, May 8, 1943 5997

(3) Carbonized, neutralized and dusted for carbonized, neutralized or dusted SOUTH AMERICAN SECOND CLIP AND wools. The maximum prices for car­ wools shall be determined in accordance LAMBS’ WOOL bonized, neutralized and dusted wool with subparagraphs (2), (3) and (4) of Montevideo, Punta, Magel- shall be determined by adding 50 to the this paragraph. All maximum prices lanes. E ntre Rio», Con­ applicable maximum price for wool of are for wools of United States official cordia, Corriente, Buenos standard grades, duty paid, on a price Aires, Patagonia, Bahia average to good quality set forth above. Blanca, Pampa, San Ju­ The maximum price for wool carbonized per pound basis and shall include all lian, Santa Cruz, Rio Ne- only, carbonized and neutralized, or car­ commissions and other charges except U . S. official ro, Chubut, Tierra del standard grades fuego, Cordellera, Dese­ bonized and dusted shall be reduced to a as provided in subparagraph (5) of this ado, Rio Gallegos, Brazil­ price in line with the maximum price paragraph. The maximum prices for ian for the same class, kind, type, condition scoured South American shorn wools and grade of wool carbonized, dusted and may be increased by the charges actually Sorted Unsorted Sorted U nsorted neutralized. paid for marine and war risk insurance [Paragraph (b) added by Amendment 5, on the wool imported in a grease state: 60s and finer______$1.08 $1.05 $1.06 $1.03 Provided, That no amount which is in 58s, 60s______1.04 1.02 1.03 1.01 7 F.R. 4299. Former (b) redesignated (d) 56s, 58s...... 1.01 .99 1.00 .98 by Amendment 5] excess of the cost of war risk insurance 56s...... 99 .97 .97 .95 written by the War Shipping Adminis­ 50s, 56s„7...... 97 .95 .95 .93 (c) South American shorn wools tration applicable to an identical ship­ 46s, 50s______.95 .93 .93 .91 scoured in the United States. The prices 46s...... 9 2 .90 .90 .8 8 ment may be so added where the ship­ 44s...... 72 .70 .71 .69 set forth below are maximum prices, 40s and lower______.62 .60 .54 .5 2 f. o. b. shipping point, for South Amer­ ment is evidenced by an ocean bill of lading or similar document dated Sep­ ican shorn wools of average to good CHILEAN WOOLS character scoured in the United States. tember 30, 1942, or later. Terms of sale The maximum prices for such wools of shall be cash less 1% up to 10 days or 60 Valdivia, Orsono, Talcahu- choice character, for inferior wools and days net cash. ana, Conception U. S. official standard grades (1) Wools of average to good character. Sorted Unsorted Sorted U nsorted

Montevideo, Punta, Magellanes, Entre Rios, Concordia, Corriente 60s, 64s...... $1.14 $1.11 58s, 60s...... 1.07 1.05 $1.04 $1.02 56s, 58s...... 1.03 1.01 1.00 .98 U. S. official standard grades Good combing fleeces Best pieces Bellies and pieces 50s, 56s...... 1.01 .99 .98 .96 (practically free) 48s, 50s...... 98 .96 .96 .94 46s, 48s...... ‘ .90 .88 .90 .88 Sorted Unsorted Sorted Unsorted Sorted Unsorted PERUVIAN WOOLS $1.49 $1.16 $1.16 $1.13 $1.13 $1.10 L 17 L 14 1.14 1.11 1.11 1.08 Improved Peruvian ¿Ôsl...... L 16 1.13 1.13 1.10 1.10 1.07 1.13 1.11 1.10 1.08 1.07 1.05 U. S. official standard grades fifif?' fi8S ____-___ 1______a. 1.10 1.08 1.07 1.05 1.04 1.02 66sl...... 1.08 1.06 1.05 1.03 1.02 1.00 Sorted Unsorted 50s, 56s...... 1.06 1.04 1.02 1.00 .99 .97 50s ...... 1.04 1.02 1.00 .98 .97 .95 64s...... $1.17 $1.14 46s, 50s...... 1.02 1.00 .97 .95 .92 .90 60s, 64s______■____ 1.14 1.12 .99 .97 .94 .92 .89 .87 58s, 60s...... 1.08 1.06 46s...... 95 .93 .89 .87 ' .84 .82 56s, 58s______1.03 1.01 44s...... -...... 80 .78 .74 .72 .69 .67 50s, 56s...... 98 .96 .71 .69 .65 .63 .60 .58 46s, 48s...... 93 .91

Buenos Aires, Patagonia, Bahia Blanca,' Pampa, San Julian, Santa Cruz, Ordinary Peruvian Rio Negros, Chubut, Tierra del Fuego, Cordellera, Deseado, Rio Gallegos, w ools Brazilian Merino 60s, 64s...... $1.10 $1.08 U. S. official standard grades Good combing fleeces N o . 1, 58s, 60s...... 1.06 1.04 (practically free) Best pieces Bellies and pieces No. 2, 46s, 56s (Kempy)...... 88 .86 G ray...... 88 .86 Sorted Unsorted Sorted Unsorted Sorted Unsorted (2) Inferior wools. The maximum $1.19 $1.16 $1.14 $1.11 $1.11 $1.08 prices for inferior wools shall be de­ 60s, 64s...... — 1.14 1.11 1.12 1.09 1.09 1.06 termined by deducting from the appli­ 6Ôs' ...... 1.13 1.10 1.11 1.08 1.08 1.05 1.10 1.08 • 1.08 1.06 1.05 ' 1.03 cable maximum prices for shorn foreign 1.07 1.05 1.05 1.03 1.02 1.00 wools imported in the greasy or washed 66s' ...... 1.05 1.03 1.03 1.01 1.00 .98 KOS, Sfis , ______1.03 1.01 1.00 .98 .97 .95 condition and scoured in the United 5Ôs ...... ( 1.01 .99 .98 .96 .95 .93 States, set forth in subparagraph (1) .98 .96 .95 .93 .92 .90 above, the following amounts: 46s^ 48s...... 95 .93 .92 .90 .89 .87 46s’ ...... -...... 90 .88 .87 .85 .84 .82 (i) Slightly stained wools, 20 per lb. 44s ...... 71 .69 .68 .66 .65 .63 .54 .52 .52 .50 .50 .48 (ii) Yellow or heavily stained wools, 50 per lb. 5998 FEDERAL REGISTER, Saturday, May 8, 1943

(iii) Seedy or burry wools not requir­ to the purchaser an invoice or similar in an Invoice or similar document de­ ing carbonizing9 and cotts, 30 per lb., document which shall show: (1) the class, livered to the purchaser. after adjustment has been made for kind, type, condition and grade of wool (3) British wool control wools sold color in accordance with (i) and (ii) sold; and (ii) the price contracted, re­ duty paid. When British Wool Control above. ceived or paid therefor, indicating sep­ wools are sold on a duty paid basis, the (iv) Seedy or burry scoured wool re­ arately any adjustments made for proc­ applicable maximum price may be in­ quiring carbonizing," 100 per lb., after essing, for choice or inferior wools or creased by the amount of duty actually adjustment has been made in accord­ for marine and war risk insurance in paid. ance with (i) and (ii) above. conformity with the provisions of this (4) Terms of sale for British Wool (3) Wools of choice character. The paragraph (c). Control wools. Terms of sale shall be maximum prices for scoured wools of [Paragraph (c) added by Amendment 5, cash less 1% up to 10 days or 60 days net choice character shall be the maximum 7 F.R. 4299, and amended by Amendment cash: Provided, That when British Wool prices set forth above plus the following 7, 7 F.R. 6494] Control wools are sold on a duty paid amounts: (d) Australian, New Zealand, South basis, the discount shall be computed on (i) Grades 70s to 58s, 60s, inclusive, African and other British Wool Control the applicable maximum price exclusive 30 per lb.: Provided, That the wools show of duty. good merino character, were imported in shorn wools—(1) Maximum prices for sales by dealers. Por the purposes of this [Paragraph (4) as amended by Amendment 8, fully skirted super fleeces, freedom from 7 F.R. 7602] burrs or other deleterious vegetable section, the term “dealer” shall be re­ matter, freedom from kempy or hairy stricted to persons who purchase wool (5) Brokers’ commissions. In cases fibers, freedom*from tender wools, even­ before it is landed in the United States where a purchaser or a seller of wools ness of grade and length, and good and either resell it to a topmaker, spin­ covered by this paragraph employs a strength. ner, or manufacturer for his own con­ broker or other agent to make a purchase (ii) Grades 56s, 58s, to 46/48s, inclu­ sumption, after it has been shipped from or sale on his behalf, a commission of sive, 50 per lb., and the country of origin, or resell it after it not to exceed 1% of the applicable in (iii) Grades 46s to 40s and below, has been landed in the United States. bond maximum price may be charged for inclusive, 80 per lb.: Provided, That wools The maximum prices for sales of such such service and added to the applicable of the grades enumerated in subdivisions wools by dealers shall be the actual cost maximum price. Such a commission (ii) and (iii) show good medium or thereof landed in bond in the United may not be added to the increased maxi­ coarse crossbred or Lincoln character, States, plus an amount not exceeding mum price applicable to sales by dealers unusual length and evenness in length 10% of such cost or 5 cents per pound, provided for in subparagraph (1) above. and grade, were imported in fully skirted clean basis, whichever is greater, plus A commission may not be charged to super fleeces, freedom from burrs and charges actually paid for marine and war both buyer and seller on the same lot other deleterious vegetable matter, free­ risk insurance on the wool sold: Provided, of wool. Such commission shall be pay­ dom from hairy or kempy fibers, free­ That where the shipment is evidenced by able only if (i) the wool is purchased at dom from tender wool, good strength and an ocean bill of lading or similar docu­ a price not exceeding the applicable high degree of lustre. ment dated September 30, 1942, or later, maximum price (ii) it is shown as a (4) Carbonized, neutralized and no amount for war risk insurance which separate charge in the invoice or similar dusted wools. The maximum prices for is in excess of the cost of war risk insur­ document delivered to the purchaser and carbonized, neutralized and dusted wool ance written by the War Shipping Ad­ (iii) the commission is not split or di­ shall be determined by adding 50 to the ministration applicable to an identical vided with the seller or an agent or an applicable maximum price for scoured shipment may be so added: Provided fur­ employee of the seller. wool of average to good character set ther, That an invoice or similar docu­ (6) Carbonized, neutralized and dusted forth in subparagraph (1) of this para­ ment, delivered to the purchaser shall wools. The maximum prices for carbon­ graph. The maximum price for wool show separately (i) such actual cost of ized, neutralized and dusted woo.’s shall carbonized only, carbonized and neutral­ the wool, (ii) the dealer’s markup per be determined by adding 5 cents to the ized, or carbonized and dusted shall be pound, (iii) the charges actually paid for applicable maximum price set forth in reduced to a price in line with the maxi­ marine insurance, and (iv) the charges this paragraph (d). The maximum price mum price for the same class, kind, type, for war risk insurance added to the for wool carbonized only, carbonized and condition and grade of wool carbonized, landed in bond cost. Persons buying any neutralized, or carbonized and dusted dusted and neutralized. such wool after it has once been sold by shall be reduced to a price in line with (5) Brokers’ commissions. In cases a dealer may resell it at a price not higher the maximum price for the same class, where a purchaser or a seller of wools than the maximum price applicable to kind, type, condition and grade of wool the sale by the dealer under this covered by this paragraph (c) employs a paragraph. carbonized, dusted and neutralized. broker or other agent to make a pur­ [Paragraph (6) added by Amendment 7, [Paragraph (1) as amended by Amendment 8, 7 F.R. 6494] chase or sale on his behalf, a commis­ 7 F.R. 7602] sion of not to exceed 1% of the appli­ (e) Imported carpet wools. The prices (2) British wool control wools scoured cable duty paid maximum price may be set forth below are maximum prices per charged for such service and added to in the United States. The maximum the increased maximum price. A com­ prices for wools scoured in the United pound for carpet wools, clean basis or mission may not be charged to both States shall be the applicable dealer’s scoured ay indicated, cost; and freight, in buyer- and seller on the same lot of wool. maximum price set forth above for un­ bond, delivered in warehouse, eastern Such commission shall be payable only scoured wool to which may be added seaboard, exclusive of marine and war the following charges: if (i) the wool is purchased at a price risk insurance: not exceeding the applicable maximum (i) Actual charges paid for scouring; (ii) Transportation charges to scour­ Afghanistan wool------.46 clean basis. price (ii) it is shown as a separate charge Sind White East India wool_.56 clean basis. ing plant actually paid, but in no case in Criolla unscoured wool______.38 clean basis. in the invoice or similar document de­ excess of $.50 per hundredweight of livered to the purchaser and (iii) the Scoured Criolla wool, scoured grease wool; in South America______.32 scoured commission is not split or divided with (iii) Actual charges paid for sorting Cordova shorn wool______.46 clean basis. the seller or an agent or an employee of but in no case in excess of $1.00 per Cordova pulled wool______.42 clean basis. the seller. hundredweight of grease wool; and White Joria East India wool_.55 clean basis. 1 (6) Invoices. After June 9,1942, every (iv) Actual loss incurred for deprecia­ (1) When sold for purposes other than person making a sale of South American tion due to off-sorts but in no case in shorn wools scoured in the United States excess of $1.50 per hundredweight of for the manufacture of carpets and a covered by this paragraph shall deliver grease wool: duty is paid, if sold duty paid, the amount Provided, That the amount of each of duty actually paid may be added to the 8 According to established trade practice. such charge shall be separately set forth applicable maximum price: Provided, FEDERAL REGISTER, Saturday, May 8, 1943 5999

That the amount of duty actually paid (1) When sold duty paid, the duty ac­ shall be separately set forth in an invoice shall be separately set forth in an invoice tually paid may be added to the appli­ or similar document delivered to the pur­ or similar document delivered to the pur­ cable maximum price: Provided, That chaser. chaser. the amount of duty paid shall be sepa­ (4) Actual charges paid for marine (2) The maximum prices shall in­ rately set forth in an invoice or similar insurance and war risk insurance on the clude commissions and all other charges document delivered to the purchaser. wool sold may be added to the applica­ except in cases where a purchaser or a (2) The maximum prices shall include ble maximum price for Afghanistan seller of wool employs a broker or other commissions and all other charges except camel hair, except that where the ship­ agent to make a purchase or sale on his in cases where a purchaser or a selle.r of ment is evidenced by an ocean bill of behalf a commission of not to exceed wool employs a broker or other agent to lading or similar document dated Sep­ 1% of the applicable in bond maximum make a purchase or sale on his behalf a tember 30, 1942, or later, no amount for price may be charged for such service commission of not to exceed 1% of the war risk insurance which is in excess and added to the applicable maximum applicable in bond maximum price may of the cost of war risk insurance writ­ price. Such commission may not be be charged for such service and added to ten by the War Shipping Administra­ charged to both the buyer and seller on the applicable maximum price. Such tion applicable to an identical shipment the same lot of wool and shall be payable commission may not be charged to both may be so added: Provided, That the only if (i) the wool is purchased at a buyer and seller on the same lot of wool amounts of such marine and war risk price not exceeding the applicable max­ and shall be payable only if (i) the wool insurance Shall be separately set forth in imum price; (ii) it is shown as a sep­ is purchased at a price not exceeding the an invoice or similar document deliv­ arate charge on the invoice or similar applicable maximum price; (ii) it ^is ered to the purchaser. document delivered to the purchaser; shown as a separate charge on the in­ (5) Terms of sale shall be cash less 1% and (iii) the commission is not split or voice or similar document delivered to up to 10 days of 60 days net cash. divided with the seller or an agent or the purchaser; and (iii) the commission § 1410.66 Appendix F: Maximum an employee of the seller. is not split or divided with the seller or prices for foreign pulled wools. The (3) The maximum price for these an agent or an employee of the seller. prices set forth in paragraphs (a) to (d), wools scoured in the United States shall inclusive, are maximum prices per pound (3) The maximum price for these for foreign pulled wools, other than Brit­ be the applicable maximum price set wools scoured in the United States shall ish Wool Control pulled wools pulled forth above for the wool to which may be the applicable maximum price set abroad, of average to good character, be added the following charges: (i) ac­ forth above for wool to which may be duty paid, f. o. b. wool pullery or scouring tual charges paid for scouring; (ii) added the following charges: (i) actual plant. Such prices do not include marine transportation charges to scouring plant and war risk charges which may be added charges paid for scouring; (ii) transpor­ as set forth in paragraph (e) below. actually paid, but in no case in excess tation charges to scouring plant actually of .50 per hundredweight of grease wool: Terms of sale shall be cash less 1% up to paid, but in no case in excess of .50 per 10 days, or 60 days net cash. Provided, That the amount of each such hundredweight of grease wool; Provided, * charge shall be separately set forth in [Paragraph as amended by Amendment 7, That the amount of each such charge 7 F.R. 6494] an invoice or similar document delivered to the purchaser. (a) Worsted type (4) Actual charges paid for marine insurance and war risk insurance on the Palled abroad Pulled in U. S. A. wool sold may be added to the applica­ r i Grades and lengths ble maximum price for the above named Y C lean Scoured Scoured C lean Scoured basis abroad in U. S. A. basis in U. S. A: carpet wools; except that where the j h - . - - - shipment is evidenced by an ocean bill 7ns, 1V6 inches and longer ...... $1.08 $1.10 $1.13 $1.11 $1.16 of lading or similar document dated 64s) and finer: Ineheis and lon ger, r . ______1.06 1.08 L 11 1.09 1.14 September 30, 1942, or later, no amount 1.03 1.05 1.08 1.06 1.11 for war risk insurance which is in excess 60s, 64s: inches and longer...... 1.05 1.07 1.10 1.08 1.13 of the cost of war risk insurance writ­ 1.00 1.02 1.05 1.03 1.08 60s ten by the War Shipping Administra­ 3 inches and longer...... 1.03 1.05 1.08 1.05 1.10 tion applicable to an identical ship- .99 1.01 1.04 1.01 1.06 68s ment may be so added: Provided, That 1.00 1.02 1.05 1.02 1.07 .9 7 .99 1.02 .99 1.04 the amounts of such marine and war risk 66s: insurance shall be separately set forth 3H inches and longer...... 97 .99 1.02 .99 1.04 .9 4 .9 6 .99 .96 1.01 in an invoice or similar document de­ 60s, 56s: .9 5 .97 1.00 .97 1.02 livered to the purchaser. .9 2 .94 .97 .94 .99 48s, 60s: (5) Terms of .sale shall be cash less .91 .93 .96 .93 .98 1% up to 10 days or 60 days net cash. .8 9 .91 .94 .91 .96 46s, 48s: (f) Afghanistan camel hair. The .87 .8 9 .9 2 .8 9 .94 .8 4 .86 .89 .86 .91 maximum price per pound, clean basis, 44s: .6 8 .7 0 .7 2 .7 0 .74 cost and freight, in bond, delivered in .6 6 .6 8 .7 0 .6 8 .72 warehouse, eastern seaboard, exclusive of 36s, 40s: .5 8 .6 0 .62 .6 0 .64 marine and war risk insurance for Af­ .5 6 .5 8 .6 0 .58 .6 2 ghanistan camel hair shall be $.50. -4/ 6000 FEDERAL REGISTER, Saturday, May 8, 1943

(b) Woolen type regulation heretofore issued, no person shall sell or deliver, and no person in the course of trade or business, shall buy Pulled abroad Pulled in U. S. A. or receive, wheat flour, in the Territory Grades and lengths of Puerto Rico at prices higher than the G lean Scoured 8coured C lean' Scoured maximum prices set forth in § 1418.14 basis abroad in U. S. A. b asis in U. S. A. (q) , Table XVI and no person shall offer, solicit, or attempt to do any of the fore­ 70s—Under 1V£ inches ___ __ $0.68 $1.00 $1.03 $1.01 $1.06 64s and finer—Under 1}£ Inches...... 66 .88 1.01 .88 1.04 going. On and after May 8,1943,' regard­ 60s, 64s— U nd er 1J4 in ch es______.85 .67 >1.00 .88 1.03 less of any contract, agreement, lease or 60s—Under inches______.63 .65 .68 .86 1.01 68s—Under 2 inches___•...... 60 .82 .8 5 .8 2 .87 other obligation, or of any price regula­ 66s—U nd er 2 in ch es...... 8 7 .88 .6 2 .88 .8 4 tion heretofore issued, no person shall 60s, 66s—Under 2 inches______.8 5 .8 7 .60 .8 7 .82 48s| 60s—U n d er 2J^ in ch es______.81 .83 .86 .83 .88 sell or deliver, and no person in the .7 7 .7 8 .8 2 .78 .84 ^course of trade or business, shall buy or 44s—Under 3 inches...... 68 .60 .62 -.60 .64 .60 .52 .54 receive, laundry soap, toilet soap and .48 .60 soap chips or canned Vienna sausage listed or described in § 1418.14 (r), Table (c) Foreign pulled wools of choice plicable to an identical shipment may be •XVII, (s), Table XVIII, in the Territory character. The maximum prices for for­ so added: Provided, That the amounts of of Puerto Rico at prices higher than the eign pulled wools of choice character such marine and war risk insurance maximum prices set forth in § 1418.14 shall be the maximum prices set forth added shall be separately set forth in an (r) , Table XVII; (s), Table XVIII; and above plus the following amounts; invoice or similar document delivered to no person shall offer, solicit or attempt (1) Grades 70s to 58s, inclusive, 30 the purchaser. to do any of the foregoing. per lb. [Paragraph (e) as amended by Amendment 8, 2. Section 1418.14 (g), Table VII; (r), (2) Grades 56s to 48s, inclusive, 50 per 7 P.R. 7602) Table XVII; (s), Table XVIII are lb. (f) Maximum prices for British Wool amended to read as follows: (3) Grades 46s and coarser, 80 per lb. Control pulled wools, pulled abroad. The (g) Table VII: Maximum prices for (d) Inferior wools. The maximum maximum prices for British Wool Con­ prices for inferior foreign pulled wools dried beans, dried peas and garbanzos. shall be determined by deducting from trol pulled wools, pulled abroad, shall be (1) The maximum prices for dried the applicable maximum price for such determined in accordance with the pro­ beans, dried peas and garbanzos sold or wools of average to good character, set visions of paragraph (d) of § 1410.65. delivered in the Territory of Puerto Rico forth in paragraphs (a) and (b) above, [Paragraph (f) added by Amendment 7, shall be: the following amounts: 7 F.R. 6494) (1) Slightly stained wools, 20 per lb. Issued this 6th day of May 1943. Sales to Sales at Sales at whole­ whole­ retail (2) Yellow or heavily stained wools, Prentiss M. Brown, salers sale 50 per lb. Administrator. (3) Seedy or burry wools which, in All grades of imported Per Per Per accordance with established trade prac­ [P. R. Doc. 43-7197; Filed, May 6, 1943; dried beans and im- pound pound pound tice, do not require carbonizing, 30 per 4:49 p. m.) ported dried peas...... $0.0655 $0.07 $0.08 lb., after adjustment has been made for Per 110- Per 110- pound pound color in accordance with subparagraphs bag bag (1) and (2) above. Garbanzos...... $7.00 $8.00 0.08 (4) Seedy or burry wools which, in ac­ P art 1418—T erritories and P ossessions cordance with established trade practice [MPR 183,1 Amendment 28] require carbonizing, neutralizing and/or For sales of different quantities the dusting, 100 per lb., after adjustment has PUERTO RICO maximum price shall be computed pro­ been made for color in accordance with A statement of the considerations in­ portionately. subparagraphs (1) and (2) above: Pro­ volved in the issuance of this amend­ (r) Table XVII: Maximum prices for vided, That where such wools are sold in ment, issued simultaneously herewith, laundry soap, toilet soap and soap chips. a carbonized, neutralized and/or dusted has been filed with the Division of the (1) The maximum prices for laundry state the actual charges for carbonizing, Federal Register.* soap, toilet soap and soap chips sold or neutralizing and/or dusting plus an Maximum Price Regulation No. 183 delivered in the Territory of Puerto Rico allowance for actual shrinkage may be is amended in the following respects: shall be: added to the maximum price so long as 1. Section 1418.1 (a) (7) and (12) are such charges and the amount of shrink­ amended to read as follows : , Sales to Sales at age allowance are set forth in the invoice whole­ whole­ _ Sales at (7) On and after May 8, 1943, regard­ salers sale retail or similar document delivered to the less of any contract, agreement, lease purchaser. or other obligation, or of any price reg­ Per Per Per [Paragraph (d) as amended by Amendment 8, ulation heretofore issued, no person shall pound pound pound 7 f.R. 7602] sell or deliver, and no person in the Laundry soap______$0.0775 $0.084 $0.10 course of trade or business, shall buy or Per 1UI Per m i (e) Adjustment for marine and war SH oz. SJ-S 02. risk insurance charges. Actual charges receive, dried beans, dried peas and gar­ Toilet soap—Victory bars bars Per bar paid for marine insurance and war risk banzos in the Territory of Puerto Rico branch______$6.88 $7.60 $0.07 insurance on the wool sold may be added at prices higher than thè maximum Case of 81 i Case of 814 prices set forth in § 1418.14 (g), Table lb. 10 02. lb. 10 02. Per pack- to the applicable maximum price for for­ VII; and no person shall offer, solicit or Soap chips—Balloon packages packages age eign pulled wool determined in accord­ attempt to do any of the foregoing. branch...... $4.20 $4.65 $0.75 ance with this section, except that where (12) On and after May 8, 1943, re­ the shipment is evidenced by an ocean gardless of any contract, agreement, For sales of different quantities the bill of lading or similar document dated lease or other obligation, or of any price maximum price shall be computed pro­ .September 30, 1942, or later, no amount ------i portionately. for war risk insurance which is in excess •Copies may be obtained from the Office (s) Table XVIII: Maximum prices for of the cost of war risk insurance written of Price Administration. canned Vienna sausage. (!) The maxi­ by the War Shipping Administration ap­ » 8 F.R. 4122, 4351, 4781, 4788, 5486. mum prices for canned Vienna sausage FEDERAL REGISTER, Saturday, May 8, 1943 6001 sold or delivered in the Territory of § 1418.3a Federal, State and Terri- § 1499.1682 Authorization of maxi­ Puerto Rico shall be: torial taxes, (a) Any tax upon, or in­ mum prices for sales of baked beans in cident to, the sale, delivery, processing, % lb. packages and in 2 quart and 4 quart or use of a commodity imposed by any bean pots by Productive 'Workers’ Ex­ Sales to Sales at Sales at ■ whole­ whole­ retail statute of the United States or statute change and by retailers, (a) On and salers sale or ordinance of any state, territory or after May 7, 1943, the maximum prices subdivision thereof subsequent to such for sales of baked beans by Productive Case of Case of commodity becoming subject to this Workers’ Exchange, 2218 Cincinnati 48/4 oz. 48/4 os. Per 4 os. Canned Vienna sausage, cans cam can Maximum Price Regulation No. 183, shall Avenue, San Antonio, Texas, shall be: ends...... $3.37 $3.72 $0.10 be treated as follows in determining the 14 cents per % lb. package of baked beans. Case of Case of seller’s maximum price for such com­ 14 cents per lb. for baked beans in 2 quart 84/80 ot. U/tO 02. Per 80 os. modity and in preparing the records of and 4 quart bean pots. cans cans can $5.85 $0.32 such seller with respect thereto: $5.30 (1) If the statute or ordinance im­ (b) Retailers shall determine their Case of Case of posing such tax does not prohibit the maximum selling prices for % lb. pack­ m u 02. u m os. Per 84 oz. ages of baked beans and 2 quart and 4 Canned Vienna sausage, cam cans can seller from stating and collecting the $16.00 $0.60 quart bean pots of baked beans by the whole...... $17.00 tax separately from the purchase price, applicable Office of Price Administration Case of Case of and the seller does separately state it, regulations. 36/4 os. 86/4 os. Per 4 02. the seller may collect, in addition to the cans cans cam (c) This Order No. 444 may be revoked $3.87 $4.27 $0.15 maximum price, the amount of the tax Star brand______or increase actually paid by him or an or amended by the Price Administrator Case of Case of amount equal to the amount of tax paid at any time. 48/4 02. 48/4 02. Per 4 oz. (d) ’ This Order No. 444 (§ 1499.1682) cam cam can by any prior vendor and separately shall become effective May 7, 1943. Andrews brand______$4.17 $4.60 $0.12 stated and collected from the seller by the vendor from whom he purchased, (Pub. Laws 421 and 729, 77th Cong.; E.O. and in such case the seller shall not in­ 9250, 7 F.R. 7871; E.O. 9328, 8 F.R. 4681) For sales of different quantities the clude such amount in determining the Issued this 6th day of May 1943. maximum price shall be computed pro­ maximum price under this Maximum portionately. Price Regulation No. 183. Prentiss M. Brown, Administrator. This amendment shall become effec­ 4. Section 1418.14 .(h), Table VIII, is tive May 8, 1943. [F. R. Doc. 43-7200; Filed, May 6, 1943; amended to read as follows: 4:50 p. m.] (Pub. Laws 421 and 729, 77th Cong.; E.O. (h) Table VITI: Maximum prices for 9250, 7 F.R. 7871) onions. (1) The maximum prices for Issued this 6th day of May 1943. imported onions sold or delivered in the Territory of Puerto Rico shall be: TITLE 49—TRANSPORTATION AND P rentiss M. Brown, RAILROADS Administrator. Sales to Sales at Sales at Chapter II—Office of Defense [P. R. Doc. 43-7198; Filed, May 6, 1943; wholesalers wholesale retail Transportation 4:51 p. m.] (price per (price per (price per 50 lbs.) 50 lbs.) pound) [Administrative Order ODT 1] P art 503—Administration Imported onions.. $3.00 $3.68 $0.10 Part 1418—T erritories and P ossessions DELEGATIONS OF AUTHORITY [MPR 183,1 Amendment 29] For sales of different quantities the Pursuant to Executive Orders 8989, PUERTO RICO maximum price shall be computed pro­ 9156, 9214, and 9294; Public Law 779, 77th A statement of the considerations in­ portionately. Congress; War Production Board Gen­ volved in the issuance of this amend­ eral Conservation Order M-100, as 5. Section 1418.14 (ff ), Table XXVII, amended, War Production Board Con­ ment, issued simultaneously herewith, is amended by changing the retail price has been filed with the Division of the trolled Materials Plan, and Office of of La Javanela (% lb. pkg.) from 90 to Lend-Lease Administration letter dated Federal Register.* iO0 per package. Maximum Price Regulation No. 183 is March 13, 1943 (Reference, Defense Aid 6. Section 1418.14 (ii), Table XXX, is Allocation No. 1129), It is hereby ordered, amended in the following respects: added to read as follows: 1. Section 1418.1 (a) (8) is amended That: by inserting after the phrase “or of any (ii) Table XXX: Maximum prices for Sec. price regulation heretofore issued”, the hemp rope. (1) The maximum prices 503.1 Deputy Director. phrase “no person in the Course of trade for hemp rope imported from Cuba at 503.2 Division of Motor Transport. or business shall buy or receive onions wholesale and at retail shall be as 503.3 Division of Local Transport. imported” and deleting the phrase “no follows: 503.4 Division of Railway Transport. person shall sell or deliver, and no person At wholesale______$26.00 per cwt. 503.5 Division of Traffic Movement. At retail—______0.32 per lb. 503.6 Division of Petroleum and Other shall buy onions.” Liquid Transport. 2. Section 1418.1 (a) (22) is added to This amendment shall become effective 503.7 Water transport. read as follows: May 8, 1943. 503.8 Division of Storage. (22) On and after May 8,1943, regard­ 503:9 Division of Materials and Equipment. (Pub. Laws 421 and 729, 77th Cong.; E.O. 503.10 Regional Director for Puerto Rico. less of any contract, agreement, or other 9250,7 F.R. 7871) obligation, no person shall sell or de­ GENERAL. liver and no person in the course of trade Issued this 6th day of May 1943. 503.50 Supervision and reservation. or business shall buy or receive hemp Prentiss M. Brown, 503.51 Revocation. Administrator. rope imported from Cuba in the Terri­ Authority : §§ 503.1 to 503.10 and §§ 503.50 tory of Puerto Rico at prices higher [F. R. Doc. 43-7199; Filed, May 6, 1943; to 503.51, inclusive, issued under E.O. 8989, than the maximum prices set forth in 4:49 p. m.] 9156, 9214, 9294; 6 F.R. 6725, 7 FR. 3349, 6097, § 1418.14 (ii), Table XXX, and no per­ 8 FR. 221; Pub. Law 779, 77th Congress; War son shall offer, solicit, or attempt to do Production Board General Conservation Or­ Part 1499—Commodities and Services der M-100, 7 FR. 1632; War Production Board any of the foregoing. Controlled Materials Plan Regulation 1, 8 3. Section 1418.3a is added to read as [Order 444 Under $ 1499.3 (b) of GMPR] FR. 2565; and Office of Lend-Lease Adminis­ follows: PRODUCTIVE WORKERS’ EXCHANGE tration letter dated March 13, 1943 (Refer­ ence, Defense Aid Allocation No. 1129.) For the reasons set forth in an opinion ♦Copies may be obtained from the Office § 503.1 Deputy Director, (a) The of Price Administration. issued simultaneously herewith, It is or­ *8 F.R. 4122, 4351, 4781, 4788, 5486. dered: Deputy Director, Office of Defehse 6002 FEDERAL REGISTER, Saturday, May 8, 1943

Transportation, is authorized and di­ Motor carriers of property. (7) To so directed to be leased or rented, sub­ rected as follows: Issue, in his discretion, special permits as ject to any applicable maximum price General authority. (1) In the ab­ provided in General Order ODT 17, as established by any competent govern­ sence from Washington, D. C., of the now or hereafter amended, (7 F.R. 5678, mental authority; and Director of the Office of Defense Trans­ 7694, 9623). (15) To do any or all things, whether portation, to act for such Director on Certificates of war necessity. (8) To or not herein enumerated, that are nec­ such matters of official business as re­ administer the provisions of General Or­ essary or proper for the complete exer­ quire immediate attention. der ODT 21, as now or hereafter amended cise of the powers specifically or gener­ Controlled Materials, Plan. (2) To (7 F.R. 7100, 9006, 9437, 10025, 8 F.R. 551, ally delegated by subparagraphs (8) to exercise control and direction in all mat­ 2510), with respect to property carrying (15) of this paragraph (a) . ters pertaining to the responsibilities of commercial motor vehicles subject to Local delivery carriers. (16) To exe­ the Office of Defense Transportation as such general order. Insofar as relates to cute and issue, in his discretion, special a claimant agency under War Produc­ his administration of such order, said permits as provided by General Order tion Board Controlled Materials Plan. Director is authorized to exercise fully all ODT 6, as now or hereafter amended, (7 § 503.2 Division of Motor Transport. powers lawfully vested, in the Director of F.R. 3008, 3532, 4184). (a) The Director, Division of Motor the Office of Defense Transportation. Motor common carriers of property. Transport, Office of Defense Transporta­ Specifically, but without limitation upon (17) To execute and issue, in his dis­ tion, is authorized and directed as the generality of the foregoing, the au­ cretion, the special permits contemplated follows: thority hereby delegated shall be con­ by the provisions of General Order ODT strued as conferring, in respect of such 3, Revised, as now or hereafter amended Allocation of commercial motor vehi­ (7 F.R. 5445, 6689, 7694) ; cles. (1) To issue, in his discretion, and commercial motor vehicles, full power and authority: • (18) The authority conferred in sub- in the name of the Director of the Office paragraphs (3) to (18) of this paragraph of Defense Transportation, such orders (9) To issue certificates of war neces­ sity to qualified applicants therefor; to (a) may be. exercised by such Director or letters as may be necessary to appoint, through such staff members of the Divi­ and direct the functioning of, local allo­ provide application forms for such cer­ tificates; to prescribe the information to sion of Motor Transport as he may deter­ cation officers, and of regular or alter­ mine. nate members of appeal boards, in ac­ be contained therein; and to direct the cordance with the provisions of War place of filing thereof; § 503.3 Division of Local Transport. Production Board General Conservation (10) To determine and certify in such (a) The Director, Division of Local Order M-100, as now or hereafter certificates* (i) limitations of mileage, or Transport, Office of Defense Transpor­ amended, and the instructions issued of motor fuel, or requirements as to tation, is authorized and directed as jointly by the War Production Board and loads, or any one or more of such limita­ follows: the Office of Defense Transportation tions or requirements, and (ii) the pur­ Transportation of certain Government pursuant to said Order M-100; poses for which, and the conditions un­ and other personnel. (1) To admin­ (2) To revoke any such appointments der which, the vehicles covered thereby ister the provisions of the Act of Decem­ may be operated; and from time to time ber 1, 1942, entitled “An Act To Provide from time to time. to determine and specify such other Joint information offices. (3) To ad­ for furnishing transportation for certain terms and conditions as he may deem government and other personnel neces­ minister the provisions of General Order necessary or proper to conform such op­ ODT 13 as now or hereafter amended sary for the effective prosecution of the erations to the purposes of said General war, and for other purposes” (Public Law (7 F.R. 5066, 5678), including the issu­ Order 21; 779, 77th Congress), to the extent that ance of such authorizations as may be (11) To specify the effective date of, such Act grants to, and invests jurisdic­ required to approve the establishment and for good cause to amend, modify, tion and authority in, the Office of De­ of such joint information offices which, recall, suspend, cancel or revoke in whole fense Transportation, and insofar as re­ in his judgment, may be necessary to ac­ or part, any such certificate in accord­ lates to his administration thereof, to complish the purposes contemplated by ance with law; exercise fully all powers lawfully vested said general order. (12) To designate accredited repre­ in the Office of Defense Transportation. (4) To exercise the right reserved in sentatives of the Office of Defense Trans­ (2) To establish appropriate proce* the Office of Defense Transportation to portation to examine or inspect receipts dures for the review and investigation of, disapprove the selection of any person for the transfer, delivery, mounting or and to review and investigate, plans and to be a member of the governing commit­ installation of motor fuel, tires, tubes or proposals submitted by the Secretary of tee or board, and managers or employees parts for such commercial vehicles; War, the Secretary of the Navy, or the of such joint information offices, and to (13) To require, with the approval of Chairman of the Maritime Commission, direct their removal from office. the Bureau of the Budget where neces­ under the provisions of said Act, and, in (5) To determine, in collaboration sary, the making and keeping, and pre­ respect of each such plan or proposal, with the Director, Division of Rates, Of­ scribe the manner and form, of necessary to make and certify determinations as to fice of Defense Transportation, the di­ reports and records, and to designate ac­ whether existing private and other visions of revenues between carriers sub­ credited representatives of the Office of facilities are or can be rendered adequate ject to said general order for traffic inter­ Defense Transportation to examine and by other means, and whether the pro­ changed between such carriers, and the inspect such records; and also to pro­ posed exercise'of authority by the Secre­ compensation to be paid and received for vide and prescribe forms for reports of tary of War, the Secretary of the Navy, rental of equipment when such divisions enforcement officers; or the Chairman of the Maritime Com­ of revenues and rental charges are not (14) To require that any person hav­ mission, as the case may be, will result agreed upon by the interested carriers, ing possession or control of any such in the most efficient method of supply­ or prescribed by the Interstate Com­ commercial motor vehicle shall cause ing transportation to the personnel con­ merce Commission or by the appropriate such vehicle (i) to be operated in such cerned, and a utilization of transporta­ state regulatory bodies. manner, for such purposes and between tion facilities consistent with the plans, (6) With the approval of the Bureau such points as said Director shall from policies, and programs of the Office of of the Budget where required, to pre­ time to time direct, and (ii) to be leased Defense Transportation. scribe the necessary records to be main­ or rented (except by a person engaged (3) To do any and all things, whether tained by each joint information office, in transporting property in a commercial ôr not herein enumerated, which are the reports to be submitted by each such motor vehicle for compensation, to a necessary and proper for the complete office, and to direct any change in the person not engaged in sueh transporta­ exercise of the powers and authority apportionment between carriers of the tion) to such person or persons as he specifically or generally delegated here­ costs of establishing and maintaining shall from time to time direct; and (iii) in. any such office, and the charges fixed for to determine and prescribe (unless the Sightseeing, charter and other special services rendered to carriers by each interested parties agree upon the amount services. (4) To execute and issue, in such office, when in his judgment the to be paid) the just and equitable amount his discretion, and in the name of the same should be changed. of compensation for the use of vehicles Director of the Office of Defense Trans- FEDERAL REGISTER, Saturday, May 8, 1943 6003 portation, the special permits contem­ determine and prescribe (unless the in­ of Defense Transportation, special per- plated by § 501.42 of General Order ODT terested parties agree upon the amount ihits as provided by General Order ODT 10A, (8 F.R. 2606), or as hereafter to be paid) a just and equitable amount 24, as now or hereafter amended, (7 F.R. amended. of compensation for the use of vehicles 7814, 10484). Motor common carriers of passengers. so directed to be leased or rented, subject Movement of traffic in tank cars. (4) (5) To execute and issue, in the name of to any applicable maximum price estab­ To administer the provisions of the Director of the Office of Defense lished by any competent governmental §§ 502.109, 502.110, 502.113, 502.114, Transportation, the approvals and spe­ authority; and 502.115, 502.116, 502.117, 502.118, 502.119, cial authorities contemplated by the pro­ (13) To do any or all things, whether and 502.121 of General Order ODT 7, Re­ visions of General Order ODT 11 (7 F.R. or not herein enumerated, that are neces­ vised, (7 F.R. 10484) as now or hereafter 4389), or as hereafter amended. sary or proper for the complete exercise amended, and to issue such directions, Certificates of war necessity. (6) To of the powers specifically or generally instructions and orders, and require such administer the provisions of General Or­ delegated by subparagraphs (6) to (13) reports, with the approval of the Bureau der ODT 21, as now or hereafter amended of this paragraph (a). of the Budget where necessary, as may (7 F.R. 7100, 9006, 9437,10025, 8 F.R. 551, Taxicabs and taxi service. (14) To be required to administer the provisions 2510), with respect to passenger carrying execute and issue, in his discretion, and thereof. commercial motor vehicles subject to in the name of the Director of the Office (5) The authority conferred by sub- such general order, and, insofar as re­ of Defense Transportation, special per­ paragraphs (1) to (5) of this paragraph lates to his administration of such order, mits as provided by General Orders ODT (a) may be exercised by said Director to exercise fully all powers lawfully 20 (7 F.R. 6906) and ODT 22 J[7 F.R. through such members of the staff of the vested in the Director of the Office of 7206), or as either may be amended Division of Railway Transport as he may Defense Transportation. Specifically, hereafter. determine. but without limitation upon the general­ Local passenger transportation equip­ (b) The Associate Director, Eastern ity of the foregoing, the authority hereby ment. (15) To execute and issue, in his Region, Division of Railway Transport, delegated shall be construed to confer, in discretion, the approvals, recommenda­ Office of Defense Transportation, is au­ respect of such commercial vehicles, full tions, determinations, authorizations, thorized and directed as follows: power and authority: and special permits contemplated by Emergency rail service; Eastern Re­ (7) To issue Certificates of war neces­ §§ 501.202, 501.305, 501.306, 501.307, and gion. (1) To request from rail carriers, sity to qualified applicants therefor; to 501.308 of General Order ODT 35 (8 F.R. in the event of enemy attack through provide application forms for such cer­ 3451), or as hereafter amended: Pro­ bombing or otherwise, such emergency tificates; to prescribe the information to vided, That in respect of equipment or railroad service in the Eastern Region be contained therein; and to direct the operations in Puerto Rico, the approvals (including the States of Indiana, Ohio, place of filing thereof. contemplated by said § 501.307 shall be New York, Pennsylvania, New Jersey, (8) To determine and certify in such given, and special permits contemplated Delaware, Maryland, Connecticut, Rhode certificates (i) limitations of mileage or by said § 501.308 shall be issued, by the Island, Massachusetts, New Hampshire, of motor fuel, or requirements as to loads, Regional Director for Puerto Rico as Vermont, Maine, and the southern pen­ or any one or more of such limitations provided in § 503,10 of this order. insula of Michigan) as may be necessary or requirements, and (ii) the purposes for Rental cars. (16) To execute and is­ or required: which, and the conditions under which, sue, in his discretion, and in the name (1) To evacuate civilians from any the vehicles covered thereby may be op­ of the Director of the Office of Defense area, point or place in such region; erated, and (iii) from time to time to de­ Transportation, special permits as pro­ (ii) For the transportation of fire ap­ termine and specify such other terms vided by General Order ODT 26A (8 F.R. paratus from any point or place to any and conditions as he may deem necessary 4934), or as hereafter amended. other point or place in such region; or proper to conform such operations to (17) The authority conferred by sub- (iii) For the transportation of injured the purposes of said General Order ODT paragraphs (1) to (5) and (6) to (17) persons in such region to any point or 21. of this paragraph (a) may be exercised place for hospitalization; (9) To specify the effective date of, by such Director through such members of the staff of the Division of Local (iv) For the transportation of food and for good cause to amend, modify, and other vital supplies in such region as recall, suspend, cancel or revoke in whole Transport as he may determine. In ad­ dition, the authority delegated by sub- may be requested by the Office of Ci­ or part, any such certificate, in accord­ vilian Defense; or ance with law. paragraphs (6) to (14) of this para­ graph (a) may be exercised by such (v) For such other emergency railroad (10) To designate accredited repre­ Director through such members of the transportation as may be requested by sentatives of the Office of Defense Trans­ staff of the Division of Motor Transport responsible officials of the Office of Ci­ portation to examine or inspect receipts as he may determine with the approval vilian Defense. for the transfer, delivery, mounting, or (2) The authority conferred in sub- installation of motor fuel, tires, tubes, or of the Director, Division of Motor Trans­ port. paragraph (1) of this paragraph (b) parts for such commercial vehicles. § 503.4 Division of Railway Trans­ shall be exercised only at the request of (11) To require, with the approval of port. (a) The Director, Division of responsible officials or officers of the the Bureau of the Budget where neces­ Railway Transport, Office of Defense Office of Civilian Defense, the Depart­ sary, the making and keeping, and pre­ Transportation, is authorized and di­ ment of War, or the Department of the scribe the manner and form, of neces­ rected as follows: Navy. sary reports and records, and to desig­ Coordination of rail-ocean shipping. (c) The Associate Director, Southern nate accredited representatives to ex­ (1) In addition to the authority con­ Region, Division of Railway Transport, amine and inspect such records; and also ferred by § 502.21 of General Order ODT Office of Defense Transportation, is au­ to provide and prescribe forms 'for 12 (7 F.R. 4858), to issue to specified thorized and directed as follows: reports of enforcement officers. common carriers by railroad such spe­ Emergency rail service; Southern Re­ (12) To require that any person having cial directions as may be required in gion. (1) To request from rail carriers, possession or control of any such com­ connection with the movement of traf­ in the event of enemy attack through mercial motor vehicle shall cause such fic in order to coordinate effectively do­ bombing or otherwise, such emergency vehicle (i) to be operated in such man­ mestic traffic movements by rail with railroad service in the Southern Region ner, for such purpose and between such ocean shipping for the purposes- of (including the States of Kentucky, West points as said Director shall from time avoiding or eliminating terminal con­ Virginia, Virginia, Tennessee, North to time direct, and (ii) to be leased or gestion at port areas and of maintaining Carolina, South Carolina, Mississippi, rented (except by a person engaged in a maximum flow of traffic. Alabama, Georgia, Florida, that portion transporting persons in a commercial (2) To amend, modify, or revoke any of Louisiana east of the Mississippi River, motor vehicle for compensation, to a per­ such special direction issued by him. and the District of Columbia), as may son not engaged in such transportation) Passenger train operations. (3) To be necessary or required: to such person or persons as he shall execute and issue, in his discretion, and (i) To evacuate civilians from any from time to time direct; and also to in the name of the Director of the Office area, point, or place in such region; No. 91----- 6 6004 FEDERAL REGISTER, Saturday, May 8, 2943

(ii) For the transportation of fire ap­ ment of War, or the Department of the sociate Director, Tank Car Service Sec­ paratus from any point or place to any Navy. tion, Division of Petroleum and Other other point or place in such region; (e) The Deputy Associate Director, Liquid Transport, Office of Defense (iii) For the transportation of in­ Western Region, Division of Railway Transportation, is authorized and di­ jured persons in such region to a place Transport, Office of Defense Transporta­ rected as follows: of hospitalization; tion, is authorized and directed as fol­ Movement of traffic in tank cars. (1) (iv) For the transportation of food lows: To administer the provisions of §§ 502.- and other vital supplies in such region Emergency rail service; Western Re­ 102, 502.103, 502.104, 502.105 (with respect as may be requested by the Office of gion. (1) To request from rail carriers, to the issuance of' special permits only), Civilian Defense; or in the event of enemy attack through 502.106, 502.107, and 502.108 of General (v) For such other emergency railroad bombing or otherwise, such emergency Order ODT 7, Revised (7 F.R. 10484), or transportation as may be requested by railroad service within his jurisdiction as amended hereafter, and to issue such responsible officials of the Office of in the Western Region (including the special permits, directions, instructions, Civilian Defense. States of Washington, Idaho, Montana, orders and assignments, and with the ap­ (2) The authority conferred in sub- Oregon, California, Nevada, Utah and proval of the Bureau of the Budget where paragraph (1) of this paragraph (c) Arizona), as may be necessary or re­ necessary, require such reports as may shall be exercised only at the request of quired: be necessary to administer the provisions responsible officials or officers of the (1) To evacuate civilians 'from any of such sections and to exercise the au­ Office of Civilian Defense, the Depart­ area, point, or place in such region; thority conferred by this subparagraph ment of War, or the Department of the (ii) For the transportation of fire ap­ (1) through such staff members of said Navy. paratus from any point or place to any Division as he may determine. (d) The Associate Director, Western other point or place in such region; § 503.7 Water transport, (a) The As­ Region, Division of Railway Transport, (iii) For the transportation of injured sistant Director of the Office of Defense Office of Defense Transportation, is au­ persons in such region to a place of hos­ Transportation in charge of water trans­ thorized and directed as follows: pitalization; port is authorized and directed as fol-, Coordination of rail traffic. (1) To (iv) For the transportation of food lows: coordinate and direct domestic traffic and other vital supplies in such region as Movement of liquid cargo in bulk. (1) movements over the lines of western car­ may be requested by the Office of Civilian To execute and issue, in his discretion, riers by railroad (within and between the Defense; or and in the name of the Director of the States of Washington, Oregon, Cali­ (v) For such other emergency railroad Office of Defense Transportation, special fornia, Arizona, Nevada, Utah, Idaho, transportation as may be requested by permits as provided by General Order New Mexico, Montana, Wyoming, Colo­ responsible officials of the Office of Civil­ ODT 19 (7 F.R. 6499), or as hereafter rado, North Dakota, South Dakota, ian Defense. amended, and to issue such orders as Nebraska, Kansas, Oklahoma, Texas, (2) The authority conferred in sub- may be necessary to amend, modify, or Minnesota, Iowa, Missouri, Arkansas, paragraph (1) of this paragraph (e) revoke such special permits. Wisconsin, Illinois, the upper peninsula shall be exercised only at the request of Movement of coal on the Great Lakes. of Michigan, and all that part of Louisi­ responsible officials or officers of the (2) To execute and issue, in his discre­ ana west of the Mississippi River), with Office of Civilian Defense, the Depart­ tion, and in the name of the Director of the objective of preventing possible ment of War, or the Department of the the Office of Defense Transportation, the points of traffic congestion and assuring Navy. special permits as provided in General the orderly and expeditious movement § 503.5 Division of Traffic Movement. Order ODT 9, (7 F.R. 3905), or as here­ of men, materials and supplies to points (a) The Director, Division of Traffic after amended, and to amend, modify, or of need. Movement, Office of Defense Transporta­ revoke such special permits. Emergency rail service; Western R e r tion is authorized and directed as fol­ Transportation of coal between United gion. (2) To request from rail carriers, lows: . States ports on Atlantic Ocean. (3) in the event of enemy attack through Merchandise traffic. (1) To execute To execute and issue, in his discretion, bombing or otherwise, such emergency and issue, in his discretion, and in the and in the name of the Director of the railroad service in the Western Region name of the Director of the Office of De­ Office of Defense Transportation, the (including the States of Washington, fense Transportation, special permits as special permits and ex-dock permits as Oregon, California, Arizona, Nevada, provided by General Order ODT 1, as provided in General Order ODT 15, Re­ Utah, Idaho, New Mexico, Montana, Wy­ now or hereafter amended, (7 F.R. 3046, vised (7 F.R. 10487), or as amended here­ oming, Colorado, North Dakota, South 3213, 3753, 9744). after, and to amend, modify, or revoke Dakota, Nebraska, Kansas, Oklahoma, Carload traffic. (2) To execute and is­ such special and ex-dock permits. Texas, Minnesota, Iowa, Missouri, Ar­ sue, in his discretion, and in the name of Operation of vessels on the Great kansas, Wisconsin, Illinois, the upper the Director of the Office of Defense Lakes. (4) To execute and issue, in his peninsula of Michigan, and all that part Transportation, special permits contem­ discretion, and in the name of the Direc­ of Louisiana west of the Mississippi plated by § 500.22 of General Order ODT tor of the Office of Defense Transporta­ River), as may be necessary or required: 18, Revised, as now or hereafter amended, tion, the special permits as provided in (i) To evacuate civilians from any (7 Fit. 8337, 10083). General Order ODT 25 (7 F.R. 7981), or area, point or place in such region; Movement of traffic in tank cars. (3) as amended hereafter, and to amend, (ii) For the transportation of fire ap­ To administer the provisions of §§ 502.- modify, or revoke such special permits. paratus from any point or place to any 111, 502.112, 502.120, and 502.122 of Gen­ (5) The authority conferred by sub- other point or place in such region; eral Order ODT 7, Revised, (7 F it. 10484), paragraphs (1) to (5) of this paragraph (iii) For the transportation of in­ or as amended hereafter, and to issue (a) may be exercised by the said Assist­ jured persons in such region to a place such directions, instructions and design ant Director through such members of of hospitalization; nations, establish such symbol train the staff of the Office of Defense Trans­ (iv) For the transportation of food routes, prescribe such schedules and portation as he may from time to time and other vital supplies in such region rules, and with the approval of the determine. as may be requested by the Office of Bureau of the Budget where necessary, § 503.8 Division of Storage, (a) The Civilian Defense; or require such reports as may be necessary Director, Division of Storage, Office of (v) For such other emergency railroad to administer such provisions. Defense Transportation, is authorized transportation as may be requested by (4) The authority conferred by sub- and directed as follows: responsible officials of the Office of Civil­ paragraphs (1) to (4) of this paragraph Contracting Officer. (1) To exercise ian Defense. (a) may be exercised by the Director, the powers and authority, and perform (3) The authority conferred in sub- Division of Traffic Movement, through the functions delegated to the Office of paragraph (2) of this paragraph (d) such staff members of such Division as he Defense Transportation by the Office of shall be exercised only at the request of may determine. Lend-Lease Administration. responsible officials or officers of the § 503.6 Division of Petroleum and (2) The said Director is hereby des­ Office of Civilian Defense, the Depart­ Other Liquid Transport, (a) The As­ ignated as Contracting Officer, and sub- FEDERAL REGISTER, Saturday » May 8, 1943 6005 ject to the approval of the General such operations to the purposes of said published by the Offic§ of Defense Trans­ Counsel in each case, he is authorized, as General Order ODT 34; portation. such Contracting Officer, to sign and (5) To specify the effective date of, execute any contracts, agreements and and for willful violation of any order of Issued at Washington, D. €., this 6th leases for and on behalf of the United the Office of Defense Transportation, day of May 1943. States of America, in pursuance of the and for other good cause to amend, J oseph B. Eastman, authority and functions delegated by the modify, recall, suspend, cancel or revoke Director, Office of Office of Lend-Lease Administration to in whole or in part, any such certificate Defense Transportation. the Office of Defense Transportation, in accordance with law; fP. R. Doc. 43-7195; Filed, May 6, 1943; and in the performance of the duties (6) To designate accredited represent­ 4:31 p. m.] and responsibilities resulting from such atives of the Office of 'Defense Trans­ delegation. portation to examine and inspect re­ (3) The authority conferred by sub- ceipts and invoices for the transfer, de­ paragraphs (1) and (2) of this para­ livery, mounting or installation of motor TITLE 50—WILDLIFE graph (a) may be exercised by said Di­ fuel, tires, tubes, or parts for commercial rector through such members of the motor vehicles; Chapter I—Fish and Wildlife Service staff of the Division of Storage as he (7) Subject to the approval of the may from time to time determine. Bureau of the Budget, to require the Part 23—Southwestern R egion N ational Wildlife R efuges § 503.9 Division of Materials and keeping and making, and prescribe the Equipment, (a) The Director, Division manner and form, of necessary records FISHING IN WICHITA MOUNTAINS WILDLIFE of Materials and Equipment, Office of and reports, to designate accredited REFUGE, OKLA. Defense Transportation, is authorized representatives of the Office of Defense Pursuant to authority contained in and directed, as follows: Transportation to examine and inspect the regulations for the administration of Controlled Materials Plan. (1) To such records; and to provide and pre­ the Wichita Mountains Wildlife Refuge, distribute allotments of controlled ma­ scribe forms for reports of enforcement Oklahoma, dated December 2, 1936, the terials received by the Office of Defense officers. following Is hereby ordered: Transportation, as contemplated by sub- Local passenger transportation equip­ paragraph (2), paragraph (c) of § 3175.1 ment. (8) Subject to the general con­ § 23.967a Wichita Mountains Wildlife of War Production Board Controlled Ma­ trol and direction of the Director, Divi­ Refuge, Oklahoma; fishing. Noncom­ terials Plan, Regulation 1, (8 P.R. 2565) sion of Local Transport, Office of De­ mercial fishing is permitted in the as now or hereafter amended, individu­ fense Transportation, to exercise the Wichita Mountains Wildlife Refuge, ally or through such Industry Division authority of the Office of Defense Trans­ Oklahoma, from May 16 to the first or Divisions of the War Production Board portation contemplated in, § 501.307 of Monday in September (Labor Day), in­ as may be appropriate. General Order ODT 35 (3 PJR. 3451), or clusive, of each year, during the daylight as hereafter amended, to authorize or hours, in waters specified herein, in ac­ § 503.10 Regional Director for Puerto approve the use or operation in Puerto cordance with the provisions of the Reg­ Rico, (a) The Regional Director for Rico of local passenger transportation ulations for the Administration of the Puerto Rico of the Office of Defense equipment in a manner otherwise pro­ Wichita Mountains Wildlife Refuge Transportation is authorized and di­ hibited oy said section. dated December 2, 1936 (1 F.R. 2397), rected as follows: (9) To do any and all things whether and subject to the following conditions, Special permits. (1) To execute and or not herein enumerated, that are neces­ restrictions, and requirements: issue, in the name of the Director of the sary or proper for the complete exercise (a) Waters open to fishing. The fol­ Office of Defense Transportation, such of the powers specifically conferred by lowing waters of thef refuge are hereby special permits, and under such terms subparagraphs (2) to (9) of this para­ designated as areas open to fishing, and and conditions as may be provided for graph (a). fishing on any other waters of the refuge in any general order of the Office of De­ (10) The authority conferred by sub- will not be permitted: Caddo Lake, West fense Transportation now or hereafter paragraphs (2) to (10) of this paragraph Post Oak Lake, Treasure Lake, French in effect in Puerto Rico, and, subject to (a) may be exercised by the Regional Lake, all the lakes known as Fish Lakes such terms and conditions, to modify, Director for Puerto Rico through such on West Cache and Turkey Creeks from suspend, or terminate any special per­ members of his staff, and pursuant to French Lake to Lost Lake, Lost Lake, mit issued by sueh Regional Director such procedure, as he may determine. West Cache Creek from Lost Lake south pursuant to the authority conferred by to the refuge boundary fence, Jed John­ this subparagraph (1). GENERAL son Lake, that part of Rush Lake east Certificates of war necessity. (2) To § 503.50 Supervision and reservation. of the big-game fence, Little Medicine administer the provisions of General Or­ Creek within the refuge boundaries, that der ODT 34 (8 F.R. 3071), or as here­ The exercise of the authority hereby con­ ferred shall be subject to the general part of Elmer Thomas Lake within the after amended, and insofar as relates to refuge boundary, and Crater, Osage, his administration thereof, to exercise control and supervision, and the right of modification or revocation in any specific Quanah Parker, and Burford Lakes to­ fully all the powers lawfully vested in gether with the streams flowing south the Director of the Office of Defense case, except as to contracts negotiated or executed pursuant to subparagraph therefrom to -the refuge boundary fence. Transportation? (b) State fishing laws. Any person (3) To issue certificates of war neces­ (2) of paragraph (a) of § 503.8 of this order, of the Director of the Office of who fishes within the refuge must com­ sity to qualified applicants therefor; to ply with the applicable fishing laws and provide application forms therefor; to Defense Transportation. Notwithstand­ ing any of the provisions of this order, regulations of the State of Oklahoma. prescribe the information to be con­ Fishing under this regulation shall be by tained therein; and to direct the place of the said Director may, in his discretion, exercise from time to time the authority hook and line (including rod and reel) filing thereof; only, as defined by State law, and the (4) To determine and certify in such or perform any of the functions or duties delegated by this order. use of trot and set lines and other similar certificates (i) limitations of mileage or contrivances is prohibited. The regula­ of motor fuel, or requirements as to § 503.51 Revocation. Any prior dele­ tions governing the size or length of fish loads, or any one of such limitations or gation of authority conflicting with the caught and the nun^ber that may be requirements, as provided for in § 501.285 authority herein conferred is revoked: taken each day must be complied with by of said General Order ODT 34; (ii) the Provided, That this order shall not be persons' fishing within the refuge. Any purposes for which, and the conditions under which, the vehicles covered thereby construed as revoking or otherwise af­ person who fishes in any of the aforesaid may be operated; (iii) and from time to fecting any prior delegation of authority waters under the aforesaid conditions time, to determine and specify such contained in any existing general order, must be ip possession of a valid fishing other terms and conditions as he may special order, supplementary order, or license issued to him in accordance with deem necessary or proper to conform other document heretofore issued and the provisions of the laws of the State 6006 FEDERAL REGISTER, Saturday, May 8, 1943 of Oklahoma, if such license is required, as machine gun ranges, is hereby re­ to permit the use of the land as herein which shall serve as a Federal permit for voked so far as it affects the public lands provided. fishing in said waters. Said license must in the following-described areas: Upon expiration of the six months’ period following the termination of the be carried on his person when the per­ M o u n t D ia b l o M e r i d i a n mittee exercises the privilege of fishing unlimited national emergency declared in said waters and must be exhibited up­ T. 20 S., R. 62 E., by Proclamation No. 2487 of May 27,1941 Sec. 1, Ey2 sec. 11, secs. 12 to 14, inclusive, on request of any Federal or State officer secs. 24, 25 and 86. (55 Stat. 1647), this order shall become authorized to enforce Federal or State T. 20 S., R. 63 E., ineffective upon notice to the Secretary fishing laws or regulations, or laws and Wy2 sec. 2, secs. 3 to 5, inclusive, of War that the land is needed for recla­ regulations applicable to the refuge. S ^ sy2 sec. 6, secs. 7 to 10, inclusive, mation purposes. Upon termination of (d) Routes of travel. Persons entering W% sec. 11, sec. 14, secs. 15 to 22, the use of the land by the War Depart­ the refuge for the purpose of fishing inclusive, W*/2 sec. 23, Wy2 sec. 26, secs. ment, that Department will, at its ex­ shall follow such routes of travel as may 27 to 34, inclusive, and wy2 sec. 35, pense, remove any buildings or structures be designated from time to time by suit­ unsurveyed. placed by it upon the land. able posting by the officer in charge of The areas described, including both public Harold L. I ckes, the refuge. and non-public lands, aggregate 21,600 acres. Secretary of the Interior. (e) Use of boats. The use of boats or Harold L. Ickes, April 26, 1943. floating devices of any description is pro­ Secretary of the Interior. hibited on all waters of the refuge ex­ [F. R. Doc. 43-7211; Filed, May 7, 1943; cept for official purposes by the Okla­ April 22, 1943. 9:36 a. m.] homa State Game and Fish Commission [F. R. Doc. 43-7209; Filed, May 7, 1943; and by representatives of the Fish and 9:36 a. m.] Wildlife Service authorized to enforce [Public Land Order 117] the laws and regulations applicable to Oregon fishing in Oklahoma. [Public Land Order 115] (f) Live bait. No person shall use live REVOCATION OF ORDER WITHDRAWING LAND bait while fishing in any of the waters Wyoming FOR RANGER STATION of the refuge, and no one may have in REVOCATION OF ORDER WITHDRAWING CER­ By virtue of the authority contained in his possession within the boundaries of TAIN LANDS FOR FEDERAL GAME REFUGE section 1 of the act of June 25, 1910, c. the refuge any live minnows or any seine Revoking Executive Order No. 4338 of 421,36 Stat. 847 (U.S.C., title 43, sec. 141), or net that may be used in capturing and pursuant to Executive Order No. minnows. November 10, 1925. (g) Temporary restrictibns. During By virtue of'the authority contained in 9146 of April 24, 1942: It is ordered, As section 1 of the act of June 25, 1910, c. follows: periods of waterfowl concentrations on Executive Order No. 5928 of September the refuge, fishing will not be permitted 421, 36 Stat. 847 (U.S.C., title 43, sec. 141), and pursuant to Executive Order No. 9146 29,1932, withdrawing and reserving pub­ in such areas of the refuge as, in the lic land for use by the Forest Service as judgment of the officer in charge, should of April 24,1942: It is ordered, As follows: Executive Order No. 4338 of Novem­ a ranger station in connection with the be closed to fishing in order to provide administration of the Deschutes National adequate protection for such waterfowl ber 10, 1925, .withdrawing certain pub­ concentrations and are posted suitably by lic lands in Tps. 43 and 44 N., R. 75 W., Forest, is hereby revoked. such officer. 1 Sixth Principal Meridian, Wyoming, Harold L. I ckes, (h) Revocation of previous regula­ pending determination as to their suita­ Secretary of the Interior. tions. The regulation, as amended, gov­ bility for a Federal game refuge, is hereby April 27, 1943. revoked. erning fishing on the Wichita Mountains [F. R. Doc. 43-7212; Filed, May 7* 1943; Wildlife Refuge, Oklahoma, approved by Harold L. I ckes, 9:36 a. m.] the Acting Chief of the Bureau of Biolog­ Secretary of the Interior. ical Survey on May 25,1939 (4 F.R. 2198), April 26, 1943. is hereby revoked. [F. R. Doc. 43-7210; Filed, May 7, 1943; Albert M. Day, 9:36 a. m.J Acting Director. Office of the Secretary. May 1,1943. Solid F uels Administrator for War and Deputy Solid F uels Administrator for IF. R. Doc. 43-7213; Filed, May 7, 1943; [Public Land Order 116] War 9:36 a. m.] DELEGATION OF AUTHORITY California May 6, 1943. order withdrawing public land fox use Notices OF THE WAR DEPARTMENT FOR AIRPORT Order No. 1807 (8 F.R. 5767), signed PURPOSES by me on May 1,1943, is hereby amended to read as follows: By virtue of the authority vested in the DEPARTMENT OF THE INTERIOR. President and pursuant to Executive Pursuant to the provisions of Execu­ tive Order No. 9340 of May 1,1943, 8 F.R. General Land Office. Order No. 9146 of April 24, 1942, and to section 3 of the act of June 17, 1902, 32 5695, the Solid Fuels Administrator for [Public Land Order 114] Stat. 388 (U. S. C., title 43, sec. 416): War, and the Deputy Solid Fuels Ad­ ministrator for War subject to such su­ Nevada It is ordered, As follows: Subject to valid existing rights, the pervision and direction as the Adminis­ PARTIAL REVOCATION OF ORDER WITHDRAWING following-described public land is here­ trator shall from time to time determine, CERTAIN LANDS FOR USE OF WAR DEPART­ by withdrawn from all forms of appro­ are hereby authorized to exercise any MENT priation under the public-land laws, in­ and all power, authority and discretion Revoking in part Executive Order No. cluding the mining and mineral-leasing conferred upon the Secretary of the In­ 8954 of November 27, 1941, withdrawing laws, and reserved for the use of the War terior, with respect to all coal mines public lands for use of the War Depart­ Department for airport purposes: possession of which has been taken by him, to the same extent and with the ment. San Bernardino Meridian By virtue of the authority vested in the same effect as the said power, authority President and pursuant to Executive T. 8 N., R. 23 E., sec. 19, N»/2NE%. and discretion may be exercised directly Order No. 9146 of April 24, 1942; I t is The area described contains 80 acres. by the Secretary of the Interior. ordered, As follows: The order of October 16, 1931, of the Harold L. I ckes, Executive Order No. 8954 of November Secretary of the Interior, withdrawing Secretary of the Interior. 27, 1941, withdrawing certain public certain lands for reclamation purposes, is [F. R. Doc. 43-7190; Filed, May 6, 1943; lands for the use of the War Department hereby modified to the extent necessary 2:40 p. m.) FEDERAL REGISTER, Saturday, May 8, 1943 6007

CIVIL AERONAUTICS BOARD. P ar. 2. The respondent corporation, inserted in the magazine, which con­ with the active cooperation, aid and’ as­ tracts or agreements either provide, or [Docket No. 695] sistance of the individual respondents, it is so understood and so carried out, Western Air Lines, Inc. is now and has been since June 19, 1936, that the charges made for said adver­ engaged in the wholesale drug business tisements shall be credited on the pur­ AMENDMENT TO NOTICE OF HEARING and has bought, sold and distributed in chase price of the drugs, cosmetics and In the matter of the petition of West­ interstate commerce, drugs, cosmetics other merchandise purchased by the re­ ern Air Lines, Inc., for an order fixing the and other merchandise for its own, ac­ spondent corporation from such sellers. fair and reasonable rate of compensa­ count, and during this period Of time, The respondents refuse to purchase said tion for the transportation of mail by in the course and conduct of said busi­ drugs, cosmetics or other merchandise aircraft, the facilities used and useful ness, has been in substantial competi­ from said sellers unless such sellers pur­ therefor, and the services connected tion with other corporations, individuals, chase advertising in its magazine and therewith, over routes Nos. 13,19, and 52. partnerships and firms similarly engaged all, or a very large percentage, of the Notice is hereby given- that hearing in in the business of buying, selling and dis­ drug, cosmetics and other merchandise the above-entitled proceeding to be held tributing drugs, cosmetics and other purchased by respondents is purchased May 18,1943,10 a. m. (eastern war time) merchandise in interstate commerce. only from sellers who advertise in re­ will convene in the Foyer of the Com­ Par. 3. Each of the respondents and spondents’ magazine. The respondent merce Building Auditorium, 14th Street the competitors of respondents buy said corporation, with the cooperation, aid and Constitution Ave., NW„ Washing­ drugs, cosmetics and other merchandise and assistance of the individual respond­ ton, D. C. from a large number of manufacturers, ents, receives information as to the prices Dated Washington, D. C., May 7, 1943. jobbers, importers a n d distributors paid by its competitors to said sellers for By the Civil Aeronautics Board. (hereinafter called sellers), located in the said drugs, cosmetics or other merchan­ [seal] Fred A. Toombs, various states of the United States. Each dise and knowingly induces said sellers to Acting Secretary. of said sellers sells and distributes drugs, grant it substantially lower and discrim­ cosmetics, or other merchandise in com­ inatory prices by refusing to purchase [F. R. Doc. 43-7216; Filed, May 7, 1943; merce between and among the various said drugs, cosmetics or other merchan­ 11:43 a. m.] states of the United States and the Dis­ dise from said sellers unless said sellers trict of Columbia and cause said drugs, pay to respondent corporation a substan­ cosmetics and other merchandise to be tial portion of the regular purchase shipped and transported from their re­ prices of said merchandise for advertis­ spective places of business in the various ing in respondents’ magazine. FEDERAL TRADE COMMISSION. states of the United States to the re­ The discriminations in 'price which [Docket No. 4957] spondent corporation at its principal favor the respondents are not uniform on place of business in Atlantic City, New all drugs, cosmetics or other merchandise Atlantic City Wholesale Drug Co., et al Jersey, and to competitors of said re­ purchased, or from each seller, varying spondent and to competitors’ customers COMPLAINT AND NOTICE OF HEARING either with drugs, cosmetics and other located in various states of the United merchandise, or with the sellers. As a In the matter of Atlantic City Whole­ States and the District of Columbia. result, the respondents pay said sellers sale Drug Company, a corporation; Roy The respondents and the respondents’ from approximately twenty percent to H. Cochran, individually and as Presi­ competitors resell and distribute said approximately forty percent less than dent of Atlantic City Wholesale Drug drugs, cosmetics and other merchandise respondents’-competitors pay said sellers Company; Rodney S. Pullen, Jr., indi­ in commerce between and among the for drugs, cosmetics and other merchan­ vidually and as Sales and Advertising various states of the United States and dise of like grade and quality. The mag­ Manager of Atlantic City Wholesale the District of Columbia. azine had no real value as an advertis­ Drug Company. Par. 4. The respondent corporation, ing medium and there were no substan­ since June 19, 1936, with the active co­ tial benefits and considerations accruing Complaint operation, aid and assistance of the in­ to sellers who enter into contracts for The Federal Trade Commission having dividual respondents, has adopted, fol­ such advertising with the respondents reason to believe that the parties re­ lowed and pursued purchasing policies and who agree to pay and do pay re­ spondent named in the caption hereof and practices which were knowingly de­ spondents, directly or indirectly, for such and hereinafter more particularly des­ signed and intended to induce, and did advertising or by granting and allowing ignated and described, since June 19, induce, discriminatory prices favorable credits, discounts and allowances to the 1936, have violated and are now violating to the respondent corporation in its pur­ respondents on respondents’ purchases the provisions of section 2 of the Clay­ chases of said drugs, cosmetics and other of drugs, cosureties and other merchan­ ton Act, as amended by the Robinson- merchandise. dise. Patman Act approved June 19, 1936 (U. The parties respondent, pursuant to Par. 5. The effect of said discrimina­ S. C. Title 15, sec. 13), hereby issues its and in furtherance of said purchasing tions in price, as set forth above, may be compMnt, stating its charges with re­ policy and practices, have caused a mag­ substantially to lessen competition, in the spect thereto as follows: azine to be published, first under the line of commerce in which the respond­ Paragraph 1. The respondent Atlantic trade name of Shore Topics, the name ents and their competitors are engaged, City Wholesale Drug Company is a cor­ of which was thereafter changed to the and to injure, destroy, or prevent com­ poration organized and existing under Boardwalker (both of the magazines are petition with respondents, in the resale the laws of the State of New Jersey, hereinafter referred tó as the magàzine). of said drugs, cosmetics and other mer­ having its office and principal place of Thè magazine has been issued under one chandise of like grade and quality pur­ business in the Boardwalk National Ar­ name or the other at irregular intervals, chased from said sellers. cade Building, Atlantic City, New Jersey. but usually twelve issues are published Par. 6. The foregoing alleged acts of The individual respondent Roy H. each year. The publication of the afore­ each of said respondents are a violation Cochran is president of the respondent said magazines is not an independent of section 2 (f) of the said Act of Con­ corporation, and is now, and for the last business operated in good faith on a gress approved June 19, 1936, entitled several years has been, in active and di­ profit basis, but is a subterfuge, know­ “An Act to amend section 2 of the Act rect charge of the management and op­ ingly designed and operated solely as an entitled ‘An Act to supplement existing eration of said respondent corporation. incident to the wholesale drug business laws against unlawful restraints and The individual respondent Rodney S. and operated by the respondents prima­ monopolies, and for other purposes,’ ap­ Pullen, Jr., is now, and was during sev­ rily as an instrument for obtaining dis­ proved October 18, 1914, as amended eral periods of time since June 19, 1936, criminations in prices on drugs, cosme­ (U.S.C. Title 15, sec. 13) and for other actively engaged with Roy H. Cochran in tics and other merchandise. purposes.” the operation of the respondent corpora­ Since June 19, 1936, numerous sellers Wherefore, the premises considered, tion, and for a period of such time was have been, induced, and are being in­ the Federal Trade Commission on this Sales and Advertising Manager of the duced, to enter into contracts or agree­ 3rd day of May, A. D. 1943, issues its respondent corporation. ments authorizing advertisements to be complaint against said respondents. 6008 FEDERAL REGISTER, Saturday, May 8, 1943

Notice its official seal to be hereto affixed at (4) Request for community ceiling Notice is hereby given you, Atlantic Washington, D. C., this 3d day of May, price. If an office issues an order fixing City Wholesale Drug Company, a corpo­ A. D. 1943. a community ceiling price for a food ration, Roy H. Cochran, individually and By the Commission. item, naming tjae brand of the item as president of Atlantic City Wholesale [ s e a l ] Ons B. J o h n s o n , being priced, the office shall fix a com­ Drug Company, and Rodney S. Pullen, Secretary. munity ceiling price for any other brand Jr., individually and as Sales and Adver­ of the same food upon the request of the [F. R. Doc. 48-7215; Filed, May 7, 1943; producer, distributor or any other seller tising Manager of Atlantic City Whole-: 11:20 a. m.] sale Drug Company, respondents herein, of that brand in the area or locality, that the 11th day of June A. D., 1943, at provided the request is accompanied by 2 o’clock in the afternoon, is hereby fixed a showing of a reasonable volume of sales in the area or locality. as the time, and the offices of the Federal OFFICE OF PRICE ADMINISTRATION. Trade Commission in the City of Wash­ (b) Publication of prices. Any office ington, D. C., as the place, when and [General Order 51] issuing an order under the authority of this general order shall, at least one day where a hearing will be had on the R egional Offices charges set forth in this complaint, at before the effective date of such order, which time and place you will have the AUTHORIZATION TO FIX COMMUNITY CEILING cause the order to be published in a right, under said Act, to appear and show PRICES newspaper having general circulation in cause why an order should not be entered Authorization to Regional Offices and the area or locality affected. by said Commission requiring you to to such offices as may be authorized by (c) Posting—(1) Selling prices. All cease and desist from the violations of Regional Offices to fix community (dol- retail stores must post their selling the law charged in the complaint. lars-and-cents) ceiling prices. prices for any food items for which com­ You are notified and required, on or A statement of the reasons involved in munity ceiling prices are fixed by any before the twentieth day after service the issuance of this general order, is­ order issued hereunder either on the upon you of- this complaint, to file with sued simultaneously herewith, has been item or at or near the place where the the Commission an answer to the com­ filed with the Division of the Federal item is offered for sale. plaint. If answer is filed and if your Register. (2) Ceiling prices. All Class 1 retail appearance at the place and on the date For the reasons set forth in that state­ stores must also post, in a conspicuous above stated be not required, due notice ment and under the authority vested in place in the store, a li^t of the com­ to that effect will be given you. The the Price Administrator by the Emer­ munity ceiling prices for such food rules of practice adopted by the Commis­ gency Price Control Act of 1942 as items, when such list is supplied by the sion with respect to answers or failure amended, Executive Order No. 9250, and Office of Price Administration. Other to appear or answer (Rule IX) provides Executive Order No. 9328, It is hereby retailers must continue to post ceiling as follows: ordered: prices as required by any other ap­ In case of desire to contest the pro­ (a) Authority to fix community (dol- plicable regulation fbting their ceiling ceeding the respondent shall, within lars-and-cents) ceiling prices for food prices. twenty (20) days from the service of the items—(1) Sales at retail. Any regional (3) Class of store. All retail stores complaint, file with the Commission an office of the Office of Price Administra­ selling any food items must post the answer to the complaint. Such answer tion, and such other offices as may be class their store is in, as determined in shall contain a concise statement of the authorized by the appropriate regional accordance with the provisions of Re­ facts which constitute the ground of de­ office, may, for sales at retail of any vised Maximum Price Regulations Nos. fense. Respondent shall specifically ad­ food item in any area or locality within 238 and 268, on a sign reading “OPA-1”, mit or deny or explain each of the facts its jurisdiction, fix community (dollars- “OPA-2”, “OPA-3”, or “OPA-4” which­ alleged in the complaint, unless re­ and-cents) ceiling prices or other dol- ever applies,' so that it can be clearly spondent is without knowledge, in which lars-and-cents ceiling prices for particu­ seen by their, customers. case respondent shall so state. lar classes of sellers. No seller, except a (d) Taxes. Any tax upon or incident * * * * * “retail route seller”, may charge more to a sale of any food item covered by Failure of the respondent to file answer than the community ceiling prices. Re­ any order issued pursuant to this gen­ within the time above provided and fail­ tail route sellers may continue to charge eral order, which the statute or ordi­ ure to appear at the time and place fixed their present ceiling prices. The com­ nance imposing the tax does not pro­ for hearing shall be deemed to authorize munity ceiling prices shall be the only hibit the seller from stating and collect­ the Commission, without further notice ceiling prices for such food items for ing separately from the selling price, to respondent, to proceed in regular “Class 1 retail stores”. All other sellers may be collected by the seller in addi­ course on the charges set forth in the must continue to charge any lower ceil­ tion to his selling price if he states the complaint. ing prices established by any other ap­ tax separately. If respondent desires to waive hear­ plicable price regulations, unless the (e) Mail order sales. Any person ing on the allegations of fact set forth order specifically fixes a different ceiling making mail order sales of any food in the complaint and not to contest the price for these sellers. item for which a community price is facts, the answer may consist of a state­ (2) Other sales. Any regional office of established, may add to such commu­ ment that respondent admits all the ma­ the Office of Price Administration and nity price, his actual express charge or terial allegations of fact charged in the such other offices as may be authorized postage to the purchaser’s address. complaint to be true. Respondent by by the appropriate regional office, may (f) Indirect price increases. No seller such answer shall be deemed to have by order fix ceiling prices for sales, other shall evade any of the provisions of any waived a hearing on the allegations of than at retail, of any food item in any order issued pursuant to this general fact set forth in said complaint and to area or locality within its jurisdiction. order by any strategem, scheme or de­ have authorized the Commission, without These ceiling prices, when fixed, will re­ vice. He must not, as a condition of further evidence, or other intervening place the ceiling prices theretofore es­ selling any food, require a customer to procedure, to find such facts to be true. tablished for such sales. buy anything else. Contemporaneously with the filing of (3) Areas included in more than one (g) Sales slips and receipts. All per­ such answer the respondent may give district. If the area for which it is sons selling food items at retail must, notice in writing that he desires to be deemed appropriate to fix community heard on the question as to whether the ceiling prices lies within the jurisdiction if they have customarily given a sales admitted facts constitute the violation of of more than one district office of the slip, receipt or similar evidence of pur­ law charged in the complaint. Pursuant Office of Price Administration, the dis­ chase, continue to do so. Furthermore, to such notice, the respondent may file a trict office for the district in which the regardless of custom, they must give any brief, directed solely to that question, in majority of the retail stores to be cov­ customer who asks for it a receipt show­ accordance with Rule XXIII. ered by the order is located shall have ing the date of the sale, the name and In witness whereof, the Federal Trade authority to issue an order fixing com­ address of the person selling at retail, Commission has caused this, its com­ munity ceiling prices for all sellers in the customer’s name, each food item plaint, to be signed by its Secretary, and the marketing area. sold, and the price charged for the item. FEDERAL REGISTER, Saturday, May 8, 1943 6009 (h) Licensing -and registration. The any order issued pursuant to this gen­ Specified Building Materials and Con­ licensing and registration provisions of eral order, hold hearings either on com­ sumers’ Goods Other Than Apparel. sections 15 and 16 of the General Maxi­ plaint »or on its own motion, and make For the reasons set forth in an opinion mum Price Regulation shall apply to appropriate recommendations to its dis­ issued simultaneously herewith and filed every person making sales at retail or trict office. with the Division of the Federal Register sales at wholesale subject to any order (1) Geographical applicability. This and pursuant to the authority vested in issued pursuant to this general order. order applies to the United States in­ the Price Administrator by the Emer­ Sections 15 and 16 provide, in brief, that cluding the District of Columbia, but not gency Price Control Act of 1942, as a license is required of all persons selling to its territories and possessions. amended, and Executive Order No. 9250, at retail and at wholesale commodities (m) Definitions. (1) “Class 1 retail It is ordered: for which ceiling prices are established. store” shall be as defined in Revised (a) NuTone, Inc., Third and Eggleston A license is automatically granted. It is Maximum Price Regulations Nos. 238 Avenue, Cincinnati, Ohio, may sell and not necessary to apply for the license, and 268 and determined in accordance deliver its new wooden garbage can des­ but all sellers may later be required to with the provisions of those regulations. ignated in its application as “step-on,” at register. The license may be suspended The definition of this class- is as fol­ a price no higher than $2.40 per unit, for violations in connection with the sale lows: “Class 1 retail store” is an “inde­ f. o. b. Cincinnati, Ohio, subject to dis­ of any commodity for which ceiling pendent” retail store with annual gross counts, allowances and terms no less fa­ prices are established. No person whose sales of less than $50,000. A retail store vorable than those customarily granted license is suspended may sell any such shall be an “independent” retail store by it. commodity during the period of suspen­ if it is not one of a group of 4 or more (b) This Order No. 340 may be revoked sion. stores under one ownership whose com­ or amended by the Price Administrator (i) Prohibitions. On and after the bined “annual gross sales” are $500,000 at any time. effective date of any order issued pur­ or more. (c) Unless the context otherwise re­ suant to this general order, all persons (2) “Sale at retail” means a sale to quires, the definitions set forth in who sell at a price higher than the ceil­ an "ultimate consumer other than to a § 1499.20 of the General Maximum Price ing price fixed by such order, or other­ commercial, industrial, or institutional Regulation shall apply to the terms used wise violate any provisions of this user. herein. general order or any order issued pur­ (3) “Retail route seller” shall mean This Order No. 340 shall become effec­ suant to it shall be subject to the crim­ a retailer who sells foods at retail from tive on the 7th day of May 1943. inal penalties, civil enforcement actions, an inventory stocked in trucks or other Issued this 6th day of May 1943. license suspension proceedings, and suits conveyances operated by driver-sales­ for treble damages provided for by the P rentiss M. Brown, men over regular routes. A retailer is Administrator. Emergency Price Control Act of 1942, as a “retail route seller” only for the foods amended. Also, any person who, in the he sells in this way. [F. R. Doc. 43-7202; Piled, May 6, 1943; course of trade or business, buys at a This general order shall become effec­ 4:50 p. m.] price higher than the ceiling price fixed tive the 6th day of May 1943. by any order issued pursuant to this gen­ Issued this 6th day of May 1943. eral order, is subject to the criminal penalties and civil enforcement actions Prentiss M. B rown, WAR PRODUCTION BOARD. provided for by that Act. • Administrator. (j) Force and effect of orders. Any [P. R. Doc. 43-7201; Piled, May 6, 1943; [Revocation of Supplementary Order P-31-a] order issued or action taken in accord­ 4:49 p. m.] ance with this general order shall have Materials for the P roduction of the same force and effect as if issued Foundry Equipment and Repair P arts or taken by the Price Administrator. Supplementary Order P-31-a is hereby (k) Authority of local war price and [Order 340 Under MPR 188] revoked. rationing boards. Each regional admin­ Issued this 7th day of May 1943. istrator, or each district manager as NuTone, Inc. may be authorized, may instruct any or W ar Production Board, all of the war price and rationing boards APPROVAL OF A MAXIMUM PRICE By J. J oseph Whelan, in the Region or District to receive com­ Order No. 340 under § 1499.158 of Recording Secretary. plaints from the public, investigate Maximum Price Regulation No. 188— [P. R. Doc. 43-7222; Piled, May 7, 1943; prices charged by sellers covered under Manufacturers’ Maximum Prices for 11:49 a. m.]