VOLUME S ^ NUMBER 28
Washington, Wednesday, February 10, 1943
Regulations At least two weeks’ notice to the pub CONTENTS lic shall be given of the expiration of a time limit for filing prescribed forms, REGULATIONS AND NOTICES TITLE 7—AGRICULTURE and any time limit fixed shall be such as Agricultural Adjustment Agency : Page affords a full and fair opportunity .to Range Conservation Program; Chapter VII—Agricultural Adjustment those eligible to file the form within the eligibility for payment____ 1777 Agency period prescribed. Such notice shall be Agriculture D epartment: given by mailing the same to the office Marketing agreements, etc. ; [RCP-1940-1] of each county committee and making delegation of authority to Part 705—R ange Conservation P rogram copies of the same available to the press. Food Distribution Director- 1821 Alien P roperty Custodian: ELIGIBILITY FOR PAYMENT Done at Washington, D. C. this 8th Property in the process of ad day of February, 1943. Witness my hand ministration ; payment, Pursuant to the authority vested in the and the seal of the Department of Agri transfer or distribution___ 1780 Secretary of Agriculture under sections 7 culture. Vesting orders: to 17, inclusive, of the Soil Conservation [seal] Grover B. Hill, Altenbach, Emilie, and Margot and Domestic Allotment Act (40 Stat. Assistant Secretary of Agriculture. BUchmuller______1823 1148), as amended, the 1940 Range Con [F. R. Doc. 43-2059; Filed;, February 8, 1943; Schmich, Aenne______1822 servation Program (4 PH. 4096; 5 F.R. 1:35 p. m.J Bituminous Coal Division: 3629) is amended as follows: Hearings, etc.: Section 705.105 (b) is amended as Blue Grass Coal Co., et al__ 1821 follows: :yg . Goodrich, B. F., Co__'______1821 § 705.105 Eligibility for payment. * * * Chapter XI—Food Distribution Great Northern Railway Co_1821 (b) Time and manner of filing appli Administration Michael, Homer______1818 cation and information required. Pay [Food Directive 2] Press Coal Co______1820 ment will be made only upon application Rafferty, E. D______1817 submitted through the county office on Part 1400—D elegations of Authority Read, Earl M______1818 or before a date fixed by the regional DELEGATION OF AUTHORITY TO THE SECRE Reed Coal Mining Co______1819 director, but not later than March 31, TARY OF THE INTERIOR WITH RESPECT TO Ridgway Coal Co______1817 1941, except (1) the timely filing of an FISHERY COMMODITIES OR PRODUCTS F ood Distribution Administration: application by one person on a ranching Fishery commodities or prod unit shall constitute a timely filing on Pursuant to the authority vested in me ucts; delegation of author behalf of all persons on that ranching by Executive Order No. 9280, dated De ity to Secretary of the In unit, and (2) an application for payment cember 5, 1942, and in order to utilize terior (Food Dir. 2)______1777 may be accepted if the State committee existing governmental services and facil Tea: or its designated representative deter ities to the fullest practicable extent in (FDO 18)______1778 mines, in accordance with instructions carrying out the provisions of such (FDO 18-1)____ 1780 issued by the regional director with the order, It is hereby ordered, As follows: National War Labor B oard: approval of the Chief of the Agricultural § 1400.11 Food Directive 2; fishery Government Printing Office; Adjustment Agency, that the failure to commodities or products, (a) The Sec wage find salary adjust file the timely application was not due retary of the Interior is authorized and ments ______1782 to the fault of the applicant. Applica directed, subject to the provisions of this Office of P rice Administration: tions filed under exceptions (1) and (2) directive, to execute, and to exercise the Adjustments, etc.:*, above must be filed before expiration of powers conferred by, the provisions of Alco Leather Mfg. Co______1813 the period for obligating the appropria paragraph (b) of section 1, and section Caloric Gas StoveWorks ____ 1824 tion (June 30,1942). * 2 of Executive Order No. 9280, insofar as Cambridge Cement Stone Co., The Secretary reserves the right (1) such provisions relate to the production et al______1824 to withhold payment from any ranch of fishery commodities or products. Cerophyl Laboratories, Inc__ 1812 operator who fails to file any form or (b) With respect to the recommenda Chatham-Mfg. Co______1812 furnish any information required with tions to the War Production Board re garding critical or controlled materials General Wine Co______1813 respect to any ranching unit in which • Noble Transit Co______1812 such ranch operator is interested, and incident to the delegation of authority (2) to refuse to accept any application contained in section 2 of Executive Or Palmyra Bologna Co______1823 for payment if any form or information der No. 9280, the Secretary of the In Weaver, John S______1823 required is not submitted to the county terior will determine requirements of Anti-freeze (MPR 170, Am. 3)__ 1813 office within the time fixed by the re critical materials for the production of Bakery products (MPR 319)___ 1808 gional director. (Continued on next page). (Continued on next page) 1777 1778 FEDERAL REGISTER, Wednesday, February 10, 1943 CONTENTS—Continued (f) The term “fishery commodities or products” as used in this directive means Wage and Hour Division: Pa8e any edible or non-edible fish, any form Learner employment certifi of aquatic animal or plant life, or any FEDEMlWEfilSTER cates (2 documents)— 1782,1821 other commodity or product, including V, 1934 ¿r War Production Board: fats and oils, of marine or fresh water Asbestos textiles (M-283)------1790 origin, which is within the meaning of Carriers, passenger (L-101).— 1789 the term “food” as defined in section 10 Published daily, except Sundays, Mondays, Controlled materials plan: of Executive Order No. 9280. and days following legal holidays by the Maintenance, repair and op (g) The term “production”, as used in Division of the Federal Register, The National erating supplies (CMP paragraph (a) hereof, shall include the Archives, pursuant to . the authority con Reg. 5)______1793 catching or harvesting of any form of tained in the Federal Register Act, approved Preference ratings (CMP Reg. aquatic animal or plant life and the pro July 26, 1935 (49 Stat. 500), under regula 3 ) ____*______1792 cessing thereof. It does not include, tions prescribed by the Administrative Com however, the following functions which mittee, approved by the President. Controlled shipments (T-l, Int. The Administrative Committee consists of 1)------1791 shall be performed by the Food Distribu the Archivist or Acting Archivist, an officer Crushers, portable jaw and roll tion Administration of the Department of the Department of Justice designated by (L-217, Schedule H )------1784 of Agriculture: procurement; inspection; the Attorney General, and the Public Printer Glass textiles, fibrous (M-282).. 1797 standards; labeling; allocation; reserva or Acting Public Printer. Jewel bearings (M-50)*'------1788 tion; limitation; specifications of prod-, The daily issue of the F ederal R egister Priorities system, operation uct or container, and container supply. will be furnished by mail to subscribers, free (Priorities Reg. 15, Int. 1) — 1787 (E.O. 9280, 7 F.R. 10179) of postage, for $1.25 per month or $12.50 per Stop construction order------1824 year, payable in advance. The charge for Issued this 8th day of February 1943. single copies (minimum, 10£) varies in pro Suspension orders: portion to the size of the issue. Remit Cleaners Hanger Co— ------1783 [seal] Claude R. Wickard, money order for subscription or single copies Coffee Corp. of America— — 1783 Secretary of Agriculture. payable to the Superintendent of Documents Tungsten (M—29—b)----- ■>?------1785 directly, to the Government Printing Office, Yellow poplar (M-279)------1791 [F. R. Doc. 43-2056; Filed, February 8, 1943; Washington, D. C. 1: 34 p. m.] There are no restrictions on the republica Zinc (M -ll)------I786 v/ ar Shipping Administration: tion of material appearing in the F ederal Contracts with vessel owners; R egister. Telephone information: District 0525. rates of compensation------1815 [Food Distribution Order 18] Part 1415—Imported F oods CONTENTS—Continued fishery products. Applications and rec tea quotas for packers and wholesalers ommendations for priorities or alloca Office of Price Administration— tions of material on forms prescribed Pursuant to the authority vested in Continued. Page by the War Production Board will be me by Executive Order No. 9280, issued Building materials and consum processed by the Facilities Branch of December 5,1942, and in order to assure ers’ goods, etc. (MPR 188, the Food Distribution Administration an adequate supply and efficient distri Am. 5)______but will be referred to the Department bution of tea to meet war and essential Coke, beehive oven furnace (RPS of the Interior by that Branch for con civilian needs, It is hereby ordered. As 77, Am. 4)------1800 sideration and recommendation. The follows: Commodities, services and flow of applications will be through the § 1415.2 Tea quotas—(a) Definitions. transactions (Supp. Reg. 14, Controlled Materials Officer of the De When used in this order, unless other Am. 106)------1814 partment of Agriculture to the War Pro wise distinctly expressed or manifestly Douglas fir and other west coast duction Board. incompatible with the intent thereof. lumber (MPR 26, Am. 11) — 1811 (c) The Secretary of the Interior is (1) The term “person” means any in Gasoline rationing (Order 5C, authorized and directed to prepare and dividual, partnership, corporation, asso Am. 18, Corr.)------1813 submit to the Secretary of Agriculture ciation, or any other business entity. Locks and lock sets (MPR 317) _ 1800 specific recommendations upon any mat (2) The term “tea” means packaged Petroleum: ter within the scope of paragraphs (a), or bulk tea in any form. (MPR 137, Am. 20)*------1799 (c), (d), and (e) of section 1, section 3, (3) The term “packer” means any per (RPS 88, Am. 66)------1799 son who packs tea owned by him or who Phonograph records and record section 4, section 5, section 6, and para has tea owned by him packed for his scrap (MPR 263, Am. 2)___ 1812 graphs Xb), (c), (d), (e), and (f) of account by some other person. H Rent regulations; procedure for section 8 of Executive Order No. 9280, (4) The term “wholesale receiver adjustments, amendments, insofar as such matters relate to fishery means any person (regardless of whether etc. (Rev. Procedural Reg. commodities or products. or not he is also a packer) who buys 3, Am. 1)---- .------1798 (d) The Secretary of the Interior, in tea for: . . Seasonal commodities, fall and executing the provisions of and exercis (i) Resale exclusively or predomi winter (MPR 210, Ajn. 9)— 1813 ing the powers conferred in this direc nantly at wholesale. Wines: tive, is authorized to utilize that part of (ii) Resale through four or more cen Unfinished (Supp. Reg. 14, the personnel, property, and records, and trally-owned, affiliated, or independent Am. 105),*------1814 unexpended balances of appropriations, stores owned or, for purchasing pur Unfinished grape (Supp. Reg. poses, represented by him. Reg. 1, Am. 52)------1814 allocations, and other funds of the De (iii) Resale by, retail or for any other Yarns, textiles and textile prod partment of Agriculture which, as deter purpose not specified above, if his month ucts, etc.; licensing sellers mined by the Director of Finance of the ly purchases of tea during 1941 averaged (Supp. Order 36)------1798 Department of Agriculture, have been 200 pounds or more per month. P etroleum Administration for primarily concerned with the exercise (5) The term “net deliveries” means War: of the powers delegated to the Secretary the total deliveries of tea made by a Petroleum industry (Petroleum of the Interior in this directive. packer or accepted by a wholesale ie- Reg. 1)------1815 (e) The authority delegated to the ceiver during a corresponding quarter Selective S ervice S ystem: Secretary of the Interior by this directive of 1941 minus the total of any deliveries Form prescribed; record of ab may be exercised by him through such of tea made by him during that period sence from official duty----- 1782 agencies and officers of the Department to persons specified in (c) (4) hereof. Special local boards in penal or (6) The term “Director” means the correctional institutions— 1783 of the Interior or of the office established by Executive Order No. 9204, dated July Director of Food Distribution, United T ax Court of U nited States: States Department of Agriculture, or any Rules of practice amended.*— 1781 21, 1942, as he may designate. FEDERAL REGISTER, Wednesday, February 10, 1943 1779 employee of the United States Depart ceived tea during 1941 under contracts isting inventory, for bona fide sale to ment of Agriculture designated by such awarded upon the basis of competitive any person who is neither a subsidiary Director. bids: Provided, That no such Institution nor an affiliate of such packer and who (b) General restrictions. (1) No may, during any month, accept delivery is entitled to accept delivery. packer shall accept delivery of tea or of more tea than a percentage of its (ii) At the same time, he shall for deliver tea packed by him or in bulk, average monthly use of tea during the ward a report by letter or telegram, of except as permitted by this order. corresponding quarter of 1941, such per such actions to the Director, stating the (2) Wholesale receiver shall accept de centage to be the same as the percentage steamer, the port of arrival, the excess livery of tea from any person, or resell determined for wholesale receivers under quantity (by chests and chest weights), tea, except as permitted by this order. (c) (2) hereof by the Director from time whether he intends to sell such tea or (3) No person shall accept delivery of to time. an equivalent amount from his existing tea from any packer, and no person shall (5) All quotas hereunder shall be cal inventory a description (type and grade), deliver tea to any packer or wholesale culated quantitatively in terms of the location of the tea offered for sale, receiver, with knowledge or reason to pounds. the brokers or dealers through whom believe that such packer is not entitled to (6) Any packer who delivers a sub the offer is being made. deliver, or that such packer or whole stantial portion of his quota of tea di (iii) In the event of sale, he shall for sale receiver is not entitled to accept rectly to consumers or to retailers may, ward a report by letter or telegram, of delivery of such tea pursuant to this by letter, submit to the Director a plan such sale within 24 hours thereafter, to order to transfer the distribution of all or a the Director stating the name of the (4) Every packer and every wholesale part of that portion to wholesale re purchaser and the date of sale. receiver shall sell tea equitably to pur ceivers of the class described in (a) (4) (iv) If, before any such offer for sale chasers and shall not favor purchasers hereof. Such a plan must contemplate is accepted, the packer becomes entitled who buy other products from them or a substantial conservation of automo under (d) (1) hereof to accept delivery discriminate against purchasers who do tive and related equipment and mate of a quantity of tea, the restrictions of not buy other products from them. rial and, also, contain provision for equi (d) (2) hereof shall not apply to the (c) Quota restrictions and exceptions table distribution of the transferred vol quantity of tea he is so entitled to ac thereto. (1) No packer shall accept de ume among such wholesale receivers and cept: Provided, That he forwards notice livery of more tea during any quota an equitable redistribution of that vol thereof, by letter or telegram, to the period than his total acceptance quota ume within the areas previously served Director, Within 24 hours after he be for that period as determined by the directly by the packer. If such a plan comes entitled to accept delivery. Director from time to time. Acceptances is authorized by the Director, the packer (e) Advance deliveries. Advance de against such quota shall be subject to may deliver to wholesale receivers of liveries of tea for any quota period may the further restriction of (d) (1) hereof. the class described in (a) (4) hereof, be made or accepted within 10 days prior (2) No packer shall deliver more tea and such wholesale receivers may ac to the beginning of such period. during any quota period than his de cept, without charge to their quotas, (f) Existing contracts. The quota or livery quota for that period as deter the volume of tea authorized for trans inventory restrictions imposed by this mined by the Director from time to time. fer: Provided, That delivery of such tea order shall be observed without regard to (3) No wholesale receiver shall accept is accompanied by a dated certification the provisions of existing contracts, pay delivery of more tea during any quota by the packer in substantially the fol ments made, or rights of creditors. period than his total acceptance quota lowing language (with the appropriate (g) Limitation on size of packages. for that period as determined by the information inserted in the blank (1) No packer shall pack tea for sale at Director from time to time. spaces): retail in a package or container contain (4) Notwithstanding the foregoing re Pursuant to authorization Issued to the ing more than one-fourth of one pound strictions, any packer may, without undersigned by the Director of Food Distri of tea. charge to his quota, accept delivery of bution, United States Department of Agri (2) No packer shall pack tea bags or and deliver tea to or for any of the fol culture, you may accept the tea delivered lowing persons, and any wholesale re hereunder without charge to your quota as balls except in sizes counting either 200 ceiver may, without charge to his quota, a wholesale receiver.; or 250 to the pound, net tea weight, or in one-ounce or two-ounce bags or balls, accept delivery of tea for redelivery to Name of packer company______or for any of the following persons: net tea weight, for the use of restaurants, hotels, and the institutional trade: Pro (i) The Army, the Navy, or any agency B y ______Title ______of the United States Government desig vided, That until April 1, 1943, any nated by the Director, or any agency of (d) Restrictions relating to packersf packer may continue to pack such other the United States Government for sup inventories. (1) Except as permitted by sizes as may be necessary to utilize any plies to be delivered to, or for the account (d) (2) hereof or as specifically author containers, in his inventory on January of, the government of any country pur ized by the Director, or for the purpose 7, 1943, which were specially printed for suant to the act of March 11, 1941, en of filling orders under (c) (4) hereof, such other sizes. titled “An Act to Promote the Defense no packer shall accept any delivery of (h) Records and reports. -Eyery per of the United States“' (Lend-Lease Act). tea which will increase his inventory to son subject to this order shall maintain above the amount of his then current such records for at least two years (or (ii) The American National Red Cross acceptance quota under (c) (1) hereof. for such other periods of time as the or the United Service Organizations, Inc. (2) If a shipment of tea imported by Director may designate, and shall exe (iii) Any person operating an ocean or specifically for a packer arrives in cute and file such reports upon such going vessel engaged in the transporta the United States and by virtue of (d) forms and submit such information, as tion of cargo or passengers in the for (1) hereof such packer is not entitled the Director may from time to time re eign, coastwise, or intercoastal trade, to accept delivery of any or all of such quest or direct, and within such times for necessary supplies for such vessel. tea and is unable to make an immediate as he may prescribe. (iv) Any person for retail sale through bona fide sale to some person who is (i) Audits and inspections. Every concession restaurants at Army or Navy neither a subsidiary nor an affiliate of person subject to this order shall, upon camps or through outlets not operated such packer and who is entitled to accept request, permit inspections, at all reason for private profit and established pri delivery of the excess portion of such able times of his stocks of tea and prem marily for the use of Army or Navy per shipment or an equivalent amount of ises used in his business, and all of his sonnel within or on Army or Navy estab tea from his existing inventory, such books, records and accounts shall upon lishments or vessels, including post ex packer may take possession of such ex request, be submitted to audit and in changes, sales commissaries, officers’ cess, pending the actions provided for spection by the Director. messes, servicemen’s clubs, and ship’s below: (j) Applicability of order. (1) Any service departments. (i) Within 72 hours after the arrivalperson doing business in one or more of (v) Any hospital, asylum, orphanage, of such tea in the United States, such the 48 States or the District of Columbia prison, or other similar institution, which packer shall offer, through established is subject to the provisions hereof, but is operated by any Federal, State, or local tea dealers or brokers, such excess, or an the provisions, hereof shall not apply to* governmental agency, and which re equivalent quantity of tea from his ex any person doing business in any Ter- 1780 FEDERAL REGISTER, Wednesday, February 10, 1943 ritory or Possession of the United States [Director Food Distribution Order 18-1] and every wholesale receiver participat ing in any transaction to which thi; or with respect to such business. P art 1415—Imported Foods (2) In the case of any person who is der applies shall keep and preserve, for a both a packer and a wholesale receiver, TEA QUOTAS, REPORTS, AND RECORDS FOR period of not less than two years, records the provisions hereof applicable to pack PACKERS AND WHOLESALERS which, upon examination, will disclose ers shall apply to his operations as a Pursuant to the authority vested in me his total monthly inventories of tea and packer, and the provisions hereof appli by Food Distribution Order No. 18, dated the monthly deliveries made by him (if cable to wholesale receivers shall apply February 6, 1943, issued pursuant to Ex he is a packer), or accepted by him (if he to his operations as a wholesale receiver. ecutive Order No. 9280, dated December is a wholesale receiver). If the sales (k) Violations. Any person who wil 5, 1942, and to effectuate the purposes slips, invoices, bills, or other instruments fully violates any provision of this order of such orders, It is hereby ordered, As or records customarily kept by him are or who by any act or omission falsifies follows : sufficient to furnish the information records to be kept or information to be specified herein, no additional record furnished pursuant to this order or wil § 1415.3 Tea quotas, reporté, and system need be installed to meet the fully conceals a material fact concerning records, (a) For the 3-month period requirements hereof. a matter within the jurisdiction of any commencing January 1, 1943, tea quo (e) This order shall take effect upon tas shall be as follows, subject to any in its issuance. department or agency of the United crease pursuant to the provisions of States may be prohibited from receiving (b) hereof: (E.O. 9280, 7 F.R. 10179; F.DO. 18, or making further deliveries of any ma (1) The acceptance quota for any supra) terial subject to allocation; and such packer shall be one and one-third times Issued this 6th day of February 1943. further action may be taken against him the amount of his delivery quota under [seal] Roy F. Hendrickson, as the Director deems appropriate, in the provisions of (a) (2) hereof. Director of Food Distribution. cluding recommendations for prosecu (2) The delivery quota for any packer tion under section 35a of the Criminal shall be 50% of his “net deliveries” (as [F. R. Doc. 43-2058; Filed, February 8, 1943; Code (18 U. S. C. 1940 ed. 80), under defined in said Food Distribution Order 1: 34 p. m.] Paragraph 5 of section 301 of Title III No. 18) of tea during the corresponding of the Second War Powers Act, and 3-month period of either 1941 or 1942, under any and all other applicable laws. whichever is greater. (l) Petition for relief from hardship. (3) The acceptance quota for any TITLE 8—ALIENS AND NATIONALITY wholesale receiver shall be 50% of his Any person affected by this order who “net deliveries” (as defined in said Food Chapter II—Office of Alien Property considers that compliance herewith Distribution Order No. 18). of tea dur Custodian would work an exceptional and unrea ing the corresponding 3-month period -[General Order 20] sonable hardship on him may petition in of either 1941 or 1942, whichever is writing (in triplicate) for relief to the greater. Part 503—General Orders Director, setting forth all pertinent facts (b) Any person who (1) computes a and the nature of the relief sought. The quota under the provisions of (a) hereof PAYMENT, TRANSFER OR DISTRIBUTION OF Director may thereupon take such action on the basis of the specified 1941 base CERTAIN PROPERTY as he deems appropriate, and such action period and not the 1940 base period and Payment, transfer or distribution of shall be final. (2) directly or indirectly serves any property in the process of administration (m) Communications to the Depart county or other area designated in Sched by any person acting under judicial su ment of Agriculture. All reports re ule D (§ 1407.244) (7 F.R. 6937, 10845), pervision, or in court or administrative quired to be filed hereunder and all com of Ration Order 3 of the Oifice of Price actions or proceedings. Administration as amended is hereby Under the authority of the Trading munications concerning this order shall, assigned a supplementary quota for each unless otherwise directed, be addressed with the Enemy Act, as amended, and such area. Such supplementary quota, Executive Order No. 9095, as amended, to: Director of Food Distribution, United which shall be available only for ultimate and pursuant to law, the Alien Property States Department of Agriculture, Wash distribution in the particular increased- Custodian hereby issues the following ington, D. C.; Ref.: FD-18. population area referred to in said Sched regulation: (n) Conservation Order M -lll super ule D shall be computed by determining seded. This order supersedes in all re the amount of his quota under the pro § 503.20 General Order No. 20. (a) spects Conservation Order M -lll of visions of (a) hereof by determining No designated person shall pay, transfer the portion of that amount allocable or distribute, or cause to be paid, trans the War Production Board, as amended ferred or distributed, any property of and supplemented on January 7, 1943 to deliveries to or for each such area, and by applying to that portion the per any nature whatsoever to or for the bene (8 F.R. 313, 315), except that as to vio centage of population increase desig fit of any designated enemy country or lations of said order or rights accrued, nated in said Schedule D of Ration Order designated national, unless: liabilities incurred, or appeals taken un 3, for that area for periods commencing (1) The Alien Property Custodian has der said order prior to the effective date on or after January 1, 1943. issued to the designated person a written her.eof, said Conservation Order M -lll, (c) All tea accepted by any packer consent to the payment, transfer or dis 'as amended and supplemented, shall be or wholesale receiver and all tea delivered tribution, or deemed in full force and effect for the by any packer on or after January 1, (2) The Alien Property Custodian has : purpose, of sustaining any proper suit, 1943 whether so accepted or delivered (i) Filed a written statement in the action, or other proceeding with respect before or after the issuance of this order, court or administrative action or pro to any such violation, right, or liability. shall be charged against the acceptance, ceeding in connection with which the Any appeal pending under, said Conser delivery, or supplementary quota of such payment, transfer or distribution is pro vation Order M -lll, as amended and packer or wholesale receiver, as the case posed, that he has determined not to supplemented, shall be considered under may be. represent the designated national, or (d) Within 10 days after the close of (ii) Represented the designated na (1) hereof. each quarterly period, every packer shall tional in such action or proceeding by '(o) Effective date. This order shall report, by letter, to the Director the to the appearance therein of a representa take effect upon its issuance. tal quantity of any quota-exempt de tive on behalf of the designated national, (E.O. 9280, 7 F.R. 10179) liveries of tea made by him during that and such representative has been served quarterly period in connection with each by the designated person with written Issued this 6th day of February 1943. class of persons under the provisions of notice of the proposed payment, transfer [seal] Claude R. Wickard, § 1415.2 (c) (4) of Food Distribution or distribution, and ninety days have ex Secretary of Agriculture. Order No. 18, (supra) issued by the pired without the exercise of any other [F. R. Doc. 43-2057; Filed, February 8, 1943; Secretary of Agriculture of the United power or authority by the Alien Property 1.34 p. m.] States on February 6,1943. Every packer Custodian with respect to such property. FEDERAL REGISTER* Wednesday, February 10, 1943 1781
(b) Any payment, transfer, or dis States or of the highest court of any quest showing the name of the place tribution pursuant to paragraph (a) of State or Territory or of the District of where he would prefer the hearing on this regulation may be made only if li Columbia, may be accepted in lieu of the merits to be held. A copy of this censed or otherwise authorized by the examination. The Court, before admit request will be served upon the Commis Secretary of the Treasury pursuant to ting an applicant to practice, may re sioner by the clerk of the Court. the provisions of Executive Order No. quire him to take an oral examination If the petitioner has filed no request 8389, as amended. in addition to the written examination. the respondent shall file at the time he (c) For the purpose of this regulation Any person who has thrice failed a writ files his answer, a request showing the the terms: ten examination given by the Court shall name of the place preferred by him. A (1) “Designated person” shall mean a not thereafter be eligible for admission copy will be served upon the petitioner person or officer acting under judicial to practice before the Court. by the clerk of the Court. supervision, or in any court or adminis An application to be filed must be These requests shall not be bound as trative action or proceeding, or in par on the form provided by the Court. Ap a part of the petition or answer but shall tition, libel, condemnation or other simi plication blanks and other necessary in be separate therefrom and shall consist lar proceedings, including, but not by formation will be furnished by the Sec of an original and two copies. way of limitation, (i) executor, (ii) ad retary of the Court upon request. The Court will designate the place of ministrator, (iii) guardian, (iv) commit An applicant must be sponsored by at hearing in accordance with the statutory tee, (v) curator, (vi) trustee under will, least three persons theretofore enrolled provision that the time and place of trial deed or settlement, (vii) receiver, (viii) to practice before this Court, each of shall be fixed “with as little inconven trustee in bankruptcy, (ix) assignee for whom must send his letter of recommen ience and expense to taxpayers as is prac the benefit of creditors, (x) United States dation directly to the Court where it will ticable,” and, in all cases, will notify the marshal, (xi) sheriff, (xii) commissioner, be treated as a confidential communica parties of the place at which or in the (xiii) person acting under trust agree tion. The sponsor shall state in his let vicinity of which the hearing on the mer ment, and (xiv) all other persons or offi ter fully and frankly the extent of his its will be held! cers acting in* similar capacity. acquaintance with the applicant, his If either party desires a change in (2) “Designated enemy country” shall opinion of the moral character and re designation of the place of hearing he mean any foreign country against which pute of the applicant, and his opinion must file a motion to that effect, stating the United States has declared the exist of the qualifications of the applicant to fully his reasons therefor. Such motions, ence of a state of war (Germany, Italy, practice before this Court. The Court made after the notice of the time of the Japan, Bulgaria, Hungary and Rumania) may in its discretion accept an applicant hearing has been mailed, will not be and any other country with which the with less than three such sponsors. deemed to have been timely filed. United States is at war in the future. The Court will hold an examination In case it is necessary for the Court (3) “Designated national” shall mean for applicants at its offices in Washing to hear the parties on matters other than any person in any place under the con ton, D. C., on the second Wednesday in the merits, such hearing will be held in trol of a designated enemy country. September of each year and at such Washington unless good cause is shown (d) This regulation shall be effective other times and places as it may desig for holding it elsewhere. (See Appendix on February 9,1943. nate. The Court will notify each appli n for further information to assist in (40 Stat. 411.50 U.S.C. App.; 55 Stat. 839, cant, whose application is in order, of the making requests as to place of hearing.) 50 U.S.C. App. (Supp. 1941); E.O. 9193, time and place at which he is to present 7 F.R. 5205) himself for examination, and the appli Section 701.31 (Rule 31) is amended cant must present that notice to the ex by inserting a new paragraph (d), quoted Executed at Washington, D. C., on aminer as his authority for taking an ex below, and by changing paragraphs (d), February 9, 1943 amination. An applicant seeking to (e) and (f) to paragraphs (e), (f) [seal] Leo T. Crowley, qualify by examination must accompany and (g): Alien Property Custodian. his application with a fee of $10. § 701.31 Evidence and the submission [F. R. Doc. 43-2090; Piled, February 9, 1943; Corporations and firms will hot be ad of evidence. * * * 10:50 a. m.] mitted or recognized. (d) Exhibits attached to a stipulation Practitioners before this Court shall or a deposition shall be numbered seri carry on their practice in accordance ally, i. e., 1, 2, 3, etc., if offered by the with the letter and spirit of the canons of petitioner; shall be lettered serially, i. e., professional ethics as adopted by the TITLE 26—INTERNAL REVENUE A, B, C, etc., if offered by the respondent; American Bar Association. and shall be marked serially, i. e., 1-A, Chapter III—The Tax Court of the The Court may deny admission to, sus 2-B, 3-C, etc., if offered as a joint exhibit. United States pend or disbar any person who in its judgment does not possess the requisite The first line of the second paragraph Part 701—Rules of Practice qualifications to represent others, or who of § 701.35, is amended to read: is lacking in character, integrity, or RULES OF PRACTICE AMENDED § 701.35 Briefs. * * * proper professional conduct. No person If briefs are typewritten, an original Section 701.2 (Rule 2) is amended to shall be suspended for more than 60 days and two copies shall be filed; * * * read as follows: or disbarred until he has been afforded an opportunity to be heard. A Division Section 701.45 (Rule 45) is amended § 701.2 Admission to practice, Ap may immediately suspend any person for by striking the second paragraph of plicants who establish to the satisfaction not more than 60 days for contempt or paragraph (f) and all of paragraph (k) of the Court that they are citizens of misconduct during the course of any pro and by substituting for the matter the United States, of good moral char ceeding. stricken from paragraph (f) the fol acter and repute, and possessed of the The Court may require any practi lowing: requisite qualifications to represent tioner before it to furnish a statement § 701.45 Depositions. * * * others in the preparation and trial of under oath of the terms and circum (f) Manner of taking. * * * cases, may be admitted to practice be stances of his employment in any pro ^Objections to questions or answers fore the Court. ceeding. shall be explicitly but briefly and con All applicants, before being admitted All persons on the roll of practitioners cisely stated and recorded without any to practice, must take a written exami on January 1,1943, are enrolled to prac unnecessary comment, explanation, or nation or examinations given by the tice without further showing or examina argument by counsel for either party. Court: Provided, however, That a cur tion. rent certificate from the Clerk of the The first paragraph of § 701.46 (Rule appropriate court, showing that the ap Section 701.26 (Rule 26) is amended to 46) is amended to read: read as follows: plicant is an attorney-at-law who has § 701.46 Depositions upon written in been admitted to practice before and is § 701.26 Place of hearing; requests and terrogatories. Depositions may be taken a member in good standing of the bar designation. The petitioner at the time in the discretion of the Court upon writ of the Supreme Court of the United of filing the petition shall also file a re ten interrogatories in substantially the 1782 FEDERAL REGISTER, Wednesday, February 10, 1943 same manner as provided in Rule 45 for Practice. The said Rules of Practice after the expiration of the fifteen day depositions upon oral examination. An shall also be applicable to any proceeding period following the date on which this original and five copies of the interroga instituted in this Court after December notice appears in the F ederal Register. tories must be filed with the application. 31, 1942, to review the allowance or dis During this time a petition for review by The clerk will serve one copy of the ap allowance by the Commissioner of a the Administrator or an authorized rep plication and of the interrogatories upon claim for refund of amounts collected as resentative who has taken no part in the opposite party. If the opposite party processing tax. Where any of the rules this action may be filed by any directly desires to file objections or cross-inter or the matter contained in the Appendix interested and aggrieved party' pursuant rogatories, he must do so within 15 days thereto refer to the determination of a to § 522.1 of the regulations. If a peti after the application and interrogatories deficiency or a notice of such determina tion is properly filed the effective date have been served upon him. Cross-in tion, such rules and the matter in the of the order of cancellation shall be terrogatories must consist of an original Appendix, when applied to proceedings postponed until final action is taken on and five copies. The clerk will serve one involving the refund of processing tax, the petition. copy thereof upon the opposite party shall be read to refer to the rejection in Signed at New York, New York, this who, if he has any objection thereto, whole Or in part of a claim for refund 5th day of February 1943. must file his objections within 15 days and notice of such rejection; and the Isabel F erguson, thereafter. computation to be filed under Rule 50 Duly Authorized Representative A new § 701.47 (New Rule 47) is added shall refer to the amount of the refund of the Administrator. due. to read as follows: Where a petition for review of the ac [F. R. Doc. 43-2063; Filed, February 8, 1943; § 701.47 Tender of and objections to tion of the Commissioner in rejecting in 2:15 p. m.] depositions. The deposition of any wit whole or in part a claim for the refund of ness whether taken upon oral examina an amount paid as processing tax is filed tion or upon written interrogatories shall with this Court, a copy of the notice of Chapter VI—National War Labor Board not constitute a part of the record until such rejection together with the Com offered and received in evidence (see missioner’s statement or statements ac [General Order 28] Rule 31), but the consideration of any companying the notice of rejection shall Part 803—General Orders objections to the receipt of a deposition be attached to the petition. There shall or any part thereof will be limited as set also be attached to the petition a copy SALARY ADJUSTMENTS FOR GOVERNMENT forth in this rule. of the claim for refund. PRINTING OFFICE EMPLOYEES Where depositions are taken upon § 803.28 General Order No. 28. (a) oral examination objections to the com (Section 1111, Internal Revenue Code of The National War Labor Board hereby petency of a witness or to the compe 1939) delegates to the Joint Committee on tency, relevancy or materiality of testi By the Court. Printing power to make, or to rule on mony may be made at the hearing, even Dated: February 8, 1943. applications for, wage and salary ad though not noted at or before the taking [seal] J. E. Murdoch, justments with respect to employees in of the deposition, unless the ground Presiding Judge. the Government Printing Office insofar for the objection is one which might as such adjustments are subject to the have been obviated or removed if pre [F. R. Doc. 43-2117; Filed, February 9, 1943; jurisdiction of the National War Labor sented at or before the time of the 11:45 a. m.] Board. taking of the deposition. Objections di rected to errors and irregularities in the (E.O. 9250, 7 F.R. 7871) manner of taking the deposition, in the TITLE 29—LABOR Adopted, February 2, 1943. form of any question or answer, in the L. K. Garrison, oath or affirmation, or in the conduct Chapter V—Wage and Hour Division Executive Director. of parties, and errors of any kind which might have been obviated, removed or F ashion D ress Company [F. R. Doc. 43-2055; Filed, February 8, 1943; 12:12 p. m.] cured if promptly presented will not be NOTICE OF DENIAL OF RECONSIDERATION, ETC. considered unless made at the taking of the deposition. (See Rule 45 (f)) Notice of denial of reconsideration of No objections to written interroga the fiunding an ddetermination of the tories or cross-interrogatories will be authorized representative of the Admin TITLE 32—NATIONAL DEFENSE considered subsequent to the taking of istrator dated January 5, 1943 ordering the deposition unless they have been cancellation of a special learner certifi Chapter VI—Selective Service System. made in the manner and within the cate to employ learners at a subminimum [No. 168] time prescribed therefor by Rule 46. wage rate issued pursuant to section 14 of the air Labor Standards Act and R ecord of Absence From Official Duty Errors or irregularities in the manner (National) in which the testimony is transcribed the Regulations, Part 522 to The Fashion or the deposition is prepared, signed, Dress Company, Inc., of Pittston, Penn ORDER PRESCRIBING FORM sylvania. certified, sealed, endorsed, transmitted, By virtue of the provisions of the se filed or otherwise dealt with by the of Notice is hereby given that the petition lective Training and Service Act of 1940 ficer under Rules 45 and 46 shall not of Fashion Dress Company of Pittston, (54 Stat. 885, 50 U.S.C., Sup. 301-318, in form the basis for objections but ques Pennsylvania dated January 29, 1943 for clusive) ; E.O. No.-8545, 5 F.R. 3779, E.O. tions in respect thereto shall be raised reconsideration by the authorized rep No. 9279, 7 F.R. 10177, and the authority on a motion to suppress the deposition resentative of the Administrator of the vested in me by the Chairman of the in whole or in part made with reason Findings and Determination dated Jan War Manpower Commission in an Ad able promptness after such defect is uary 5, 1943 i the matter of the can ministrative Order dated December 5, or with due diligence might have been cellation of the special certificate to em 1942, I hereby prescribe the following ascertained. ploy learners at a wage lower than the minimum applicable under section 6 of change in DSS forms: A new § 701.63 (New Rule 63) is added the Fair Labor Standards Act, issued Addition of a new form designated as DSS to read as follows: pursuant to section 14 of the Act and the Form 85A, entitled “Record of Absence from Official Duty (National),” effective immedi § 701.63 Processing tax cases. All Regulations, Part 522 is denied by reason ately upon the filing hereof with the Division proceedings pending in the Board of Re of the failure of the petitioner to show of the Federal Register.1 view on December 31, 1942, and, under that there is additional evidence which section 510 of the Revenue Act of 1942, may materially affect the decision and The foregoing addition shall become a now pending in this Court shall be pro that there were reasonable grounds for part of the Selective Service Regulations ceeded with and disposed of as if origi the failure to adduce such evidence in effective immediately upon the filing nally begun before this Court. The hear the original proceedings. ings and proceedings shall be conducted The order of cancellation shall not 1 Form filed as part of the original docu in accordance with the Court’s Rules of become effective and enforceable until ment.
« FEDERAL REGISTER, Wednesday, February 10, 1943 1783 hereof with the Division of the Federal § 662.4 Registration. When a person of the Registration Card (Form 1), and a Register. required to present himself for and sub copy of the letter covering the transmit Lewis B. H ershey, mit to registration has not done so prior tal of the records of such registrant to Director. to the time he enters an institution hav the local board haying jurisdiction of December 11, 1942. ing a special local board, he shall be the address given on line 2 of such regis [P. R. Doc. 43-2079; Filed, February 8, 1943; registered. When any such person re trant’s Registration Card (Form 1). 3:49 p. m.] fuses to register, any person authorized § 662.9 Authority over registrant after to act as registrar shall sign the person’s he leaves institution. When, under the name and indicate that he has done so provisions of § 662.8, a registrant’s rec [Amendment 126, 2d Ed.] by signing his own name, followed by the word “Registrar,” beneath the name ords are forwarded to the local board Part 662—Special Local B oards in Penal of such person, and the act of such reg having jurisdiction of the address given or Correctional Institutions on line 2 of his Registration Card (Form istrar in so doing shall have the same 1), such local board may thereafter By virtue of the provisions of the Se force and effect as if such person had classify him or reopen his classification lective Training and Service Act of signed his name to the Registration and consider it anew without reference 1940 (54 Stat. 885, 50 U.S.C, Sup. 301- Card (Form 1), and such person shall to whether his classification has or has 318, inclusive); E.O. No. 8545, 5 F.R. thereby be registered. not been previously considered by it or 3779, E.O. No. 9279, 7 F.R. 10177, and the i 662.5 Registrars. Any member or by any other local board. authority vested in me by the Chairman clerical assistant of, or any other person 2. The foregoing amendment to the of the War Manpower Commission in appointed as a registrar by, a special Selective Service Regulations shall be Administrative Order No. 26, 7 F.R. local board may perform the duty of a effective immediately upon the filing 10512, Selective Service Regulations, Sec registrar. ond Edition, are hereby amended in the hereof with the Division of the Federal following respect: § 662.6 Classification. Registrants Register. who are inmates of the penal or correc Lewis B. H ershey, 1. Amend the regulations by adding a tional institution shall furnish such in Director. new part to be known as part 662 to formation as the speciailocal board may February 8, 1943. read as follows: “Special Local Boards require. Each such registrant may be in Penal or Correctional Institutions.” [P. R. Doc. 43-2086; Filed, February 8, 1943; classified or his classification may be 5:10 p. m.] § 662.1 Special local boards. The reopened and considered anew by the Director of Selective Service may estab special local board without reference to lish a panel of any local board which whether his classification has or has not has jurisdiction over the area in which been previously considered by it or by Chapter IX—War Production Board any penal or correctional institution is any other local board: Snbchapter B—Director General for Operations located. Such panel shall be known as § 662.7 Induction. When a regis Authority: Regulations in this subchapter a special local board and with respect trant is an inmate of a penal or correc issued under P.D. Reg. 1, as amended, 6 FJR. to the persons in such penal or correc tional institution which has a special 6680; W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 tional institution shall have the same local board and has been classified in a F.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, 7 F.R rights, duties, and powers as any other 2719; sec. 2 (a), Pub. Law 671, 76th Gong., as class available for service, the local amended by Pub. Laws 89 and 507, 77th Cong. local board. board of which such special local board § 662.2 Regulations governing special is a panel shall make arrangements for P art 1010—Suspension Orders local boards. Special local boards estab his delivery for induction or for his as [Amendment 4 to Suspension Order S-121] lished under the authority of § 662.1 shall signment to work of national impor be governed by the provisions of this part tance. COFFEE CORP. OF AMERICA of these regulations and such other pro § 662.8 Disposition of record of regis Paragraph (a) of § 1010.121 Suspen visions of these regulations as are not in sion Order S-121 issued October 22,1942, conflict therewith. trant who leaves an institution, (a) When a registrant whose selective service and amended November 23,1942, Decem § 662.3 Transfer of record of regis records were transferred to a special ber 21,1942, and January 8,1943, is here trants. (a) When a person who has local board under the provisions of by amended to read as follows: registered enters an institution having § 662.3 leaves the institution, all papers (a) During each of the calendar a special local board, the clerk of such with reference to such registrant except months of March 1943, April 1943, and special local board shall immediately his Cover Sheet (Form 53) and a copy May 1943, deliveries of coffee by Coffee complete a Request for Transfer of Rec of his Registration Card (Form 1) shall Corporation of America, its successors ord (Form 64) and transmit it to the be forwarded to the local board having and assigns, shall not exceed 151,833 local board having such registrant's se jurisdiction of the address given on line pounds, except as specifically authorized lective service records. 2 of his Registration Card (Form 1). by the Director General for Operations. (b) When it receives such Request for (b) When a registrant who was regis Issued this 8th day of February 1943. Transfer of Record (Form 64), the local tered by a special local board leaves the Curtis E. Calder, board having the registrant’s selective institution, the original Registration Director General for Operations. service records shall (1) place the Re Card (Form 1) and all other papers with quest for Transfer of Record (Form 64) reference to such registrant except his [F. R. Doc. 43-2082; Filed, February 8, 1943; in the registrant’s Cover Sheet (Fbrm Cover Sheet (Form 53) and a copy of his 4:57 p. m.J 53), make a duplicate Cover Sheet (Form Registration Card (Form 1) shall be 53), and a copy of the Registration Card forwarded to the State Director of Selec (Form 1) of such registrant; (2) for tive Service for transmittal to the local P art 1010—Suspension Orders ward such duplicate Cover Sheet (Form board having Jurisdiction of the address [Suspension Order S-234] 53) and copy of Registration Card (Fbrm given on line 2 of the Registration Card 1) together with all other papers jyith (Form 1 ) of such registrant. When the CLEANERS HANGER CO. reference to such registrant to the spe records of such registrant are received Cleaners Hanger Company, a corpora cial local board» from which it received by the local board having jurisdiction of tion with its principal office at Detroit, such Request for Transfer of Record the address given on line 2 of his Regis Michigan, and plants at Cleveland, Ohio, (Form 64) ; and (3) retain in its files tration Card (Form 1), the registrant Baltimore, Maryland, and Gadsden, Ala the original Cover Sheet (Form 53), the shall be treated in the same manner as bama, is a manufacturer of garment original Registration Card (Form 1), and a late registrant under the provisions of hangers. During the months of April, a copy of the letter covering the trans part 616. May, and June, 1942, the Company con mittal of the records of such registrant ■ (c) For each registrant who leaves the sumed 1,742,839 pounds of steel in the to the special local board from which institution, the special local board shall production of metal garment hangers the Request for Transfer of Record transfer to a separate file for completed which was 604,530 pounds in excess of (Form 64) was received. cases the Cover Sheet (Form 53), a copy the amount of steel it was permitted to 1784 FEDERAL REGISTER, Wednesday, February 10, 1943 consume for this purpose under General 13, 1943, at which time the restrictions jaw crusher in the size of 10" x 16" may Limitation Order L-30. During most of contained in this order shall be of no produce that size only in Group A. this time the Company was aware of the further effect. (ii) Group B, 9" x 18" to 11" x 22" restrictions contained in General Limi Issued this 8th day of February 1943. inclusive. A producer having the neces tation Order L-30 and its violation sary equipment to produce a portable thereof was wilful. Curtis E. Calder, jaw crusher in the size of 10" x 20" may Subsequent to November 17, 1942, the Director General for Operations. produce that size only in Group B. Company used approximately 50,000 [F. R. Doc. 43-2084; Filed, February 8, 1943; (iii) Group C, 9" x 21" to 11" x 26" pounds of steel in the manufacture of 4:57 p. m.] inclusive. A producer having the neces hooks for paperboard garment and coat sary equipment to produce ’a portable hangers although the use of steel for this jaw crusher in the size of 10" x 24" may produce that size only in Group C. purpose was then prohibited by Supple P art 3115—Construction Machinery mentary Limitation Order L-30-d, with (iv) Group D, 9" x 32" to 11" x 40" and Equipment Simplification and inclusive. A producer having the neces the terms of which the Company was , Conservation familiar. sary equipment to produce a portable These violations of Limitation Orders [Schedule II to Limitation Order L-217 as jaw crusher in the size of 10" x 36'^ may L-30 and L-30-d have hampered and Amended Feb. 5, 19431J produce that size only in Group D. impeded the war effort of the United PORTABLE JAW AND ROLL CRUSHERS (v) Group E, 13" x 22" to 17" x 26" inclusive. A producer having the neces States by diverting scarce materials to Note: The effect of this amended schedule uses unauthorized by the War Produc is to revoke paragraph (c) (6). sary equipment to produce a portable tion Board. In view of the foregoing, It jaw.crusher in the size of 15" x 24" may is hereby ordered, That: § 3115.3 Schedule II to Limitation produce that size only in Group E. Order L-217—(a) Definitions. For the (vi) Group F, 13" x 32" to 17" x 40" § 1010.234 Suspension Order S-234. purposes of this Schedule II: inclusive. A producer having the neces (a) Cleaners Hanger Company, its suc (1) “Person” means any individual, sary equipment to produce a portable cessors and assigns, shall not process, partnership, association, business trust, jaw crusher in the size of 15" x 36" may fabricate, or use any of the metals speci corporation, governmental corporation produce that size only in Group F. fied in the Metals List attached to Priori or agency, or any organized group of per (vii) Group G, 18" x 32" to 22" x 40" ties Regulation No. 1*1 in any form, nor sons, whether incorporated or not. inclusive. A producer having the neces shall Cleaners Hanger Company, its suc (2) “Producer” means any person en sary equipment to produce a portable cessors and assigns, sell or deliver any gaged in the manufacture of portable jaw crusher in the size of 20" x 36" may article or item in the fabrication of jaw and portable roll crushers or port produce that size only in Group G. which there has been used or consumed able crushing plants as herein defined. (viii) Group H, 22" x 32" to 26" x 40" or to which is attached any of the metals (3) “Portable jaw crusher” means a inclusive. A producer having the neces specified in the Metals List attached to machine commonly known as a portable sary equipment to produce a portable Priorities Regulation No. 11 in any form, jaw crusher of either the lever (Blake) jaw crusher in the size of 24" x 36" may except with the specific approval of the or overhead eccentric type designed for produce that size only in Group H. Regional Compliance Chief, Cleveland producing construction aggregates by re (ix) Group I. Each producer, may Regional Office, War Production Board. ducing non-metallic minerals. manufacture one size portable jaw (b) Deliveries of material to Cleaners (4) “Portable roll crusher” means a crusher larger than 26" x 40" provided Hanger Company, its successors and as machine commonly known as a portable it is at least 4" larger in one or both signs, shall not be accorded priority over roll crusher designed for producing con jaw dimensions. deliveries under any other contract or struction aggregates by reducing non- (4) If a producer elects to manufac order and no preference ratings shall be metallic minerals. ture a permitted product which falls assigned or applied to such deliveries by (5) “Portable crushing plant” means within the description of more than one means of preference rating certificates, any crushing plant incorporating either of the above groups, such producer may preference rating orders, general pref or both portable jaw or portable roll not manufacture other types or sizes in erence orders, or any other orders or crushers. those groups. regulations of the Director of Industry (b) Limitations on production of port (5) For the purposes of this paragraph Operations or the Director General for able jaw crushers. (1) On and after (b) the size of portable jaw crushers Operations, except with the specific ap February 1, 1943, no producer shall use shall be determined as follows: proval of the Regional Compliance Chief, or put into process any materials for (i) . By a horizontal measurement of Cleveland Regional Office, War Produc the manufacture of portable jaw crush the receiving opening from the apex of tion Board. ers'(to be used either independently or the corrugation on the stationary jaw (c) No allocation shall be made to as a part of a portable crushing plant) to the base of the opposite corrugation Cleaners Hanger Company, its successors except as provided in paragraph (b) (3) on the movable jaw while the eccentric and assigns, of any material the supply or hereof. is at the maximum open position. distribution of which is covered by any (2) On and after March 1, 1943, no (ii) By measuring the inside distance order of the Director of Industry Opera producer shall assemble portable jaw between keyplates (cheek-plates) when tions or the Director General for Opera crushers (to be used either independ both of the jaws and both of the key- tions, except with the specific approval ently or as a part of a portable crush plates are in place. of the Regional Compliance Chief, Cleve ing plant) except as provided in para (iii) Portable jaw crushers in Groups land Regional Office, War Production graph (b) (3) hereof. A, B, C and D (described in paragraph Board. (3) Subject to paragraphs (b) (4), (b) (3) hereof) shall be measured when (d) The provisions of this order shall (b) (5), (b) (6) and (b) (7) hereof, the discharge opening at the bottom is not be applicable to deliveries, fabrica producers are permitted to manufacture IV2" between the apex of the corruga tion, use, or receipt of materials or arti and assemble only one size of either the tion on the stationary jaw and the base cles by Cleaners Hanger Company at its lever (Blake) type or of the overhead of the oposite corrugation on the mov Gadsden, Alabama, plant. eccentric type portable jaw crusher in able jaw, and (e) Nothing contained in this order each of the following groups: (iv) Portable jaw crushers in Groups shall be deemed to relieve Cleaners (i) Group A, 9" x 14" to 11" x 18" E, F, G, H and I (described in paragraph Hanger Company from any restriction, inclusive. A producer having the neces (b) (3) hereof) when such discharge prohibition, or provision contained in sary equipment to produce a portable opening at the bottom is 3 inches. any other order or regulation of the Di (6) No person, unless actively engaged rector of Industry Operations or the Di lThis document is a re-statement of in the current production of portable jaw rector General for Operations, except Amendment 1 to Schedule 2 to Limitation crushers (as indicated in his January, Order No. L-217 which appeared in the F ed insofar as the same may be inconsistent 1943 filing of Production and Shipment with the provisions hereof. eral R egister, February 6, 1943, page 1679, (f ) This order shall take effect on Feb and reflects the order in its complete form Schedules on Form PD-697, pursuant to ruary 13,1943, and shall expire on August as of February 5,1943. Limitation Order L-192) shall thereafter FEDERAL REGISTER, Wednesday, February 10, 1943 1785 enter Into the production of such mit any contravention of the provisions ployed is required by the latest applicable crushers. of Limitation Order L-192. specifications (including performance (7) No producer, who is not actively Issued this 5th day of February 1943. specifications) of the appropriate gov engaged in the current production of Curtis E. Calder, ernment agency or service. portable jaw crushers in a size category Director General for Operations. listed in paragraph (b) (3) above, shall (d) Prohibitions against sales or deliv thereafter produce any portable jaw [F. R. Doc. 43-2083; Filed, February 8, 1943; eries. No person shall on or after Feb crusher in that size category. 4:57 p. m.] ruary 14, 1942, sell or deliver tungsten (c) Limitation on production of port to any person if he knows, or has reason able roll crushers. (1) On and after to believe, such material is to be used in violation of the terms of this order. February 1, 1943, no producer shall use Part 923—T ungsten or put into process any materials for (e) Limitation . of inventories. No the manufacture of portable roll crush [Conservation Order M-29-b as Amended manufacturer shall receive delivery of ers (to be used either independently or Feb. 9, 1943] tungsten, (includingescrap) or products thereof, in the form of raw materials, as a part of a portable crushing plant) Whereas, national defense require except as provided in paragraph (c> (3) semi-processed materials, finished parts ments have created a shortage of tung or sub-assemblies, nor shall he put into hereof. sten for the combined needs of defense, process any raw material, in quantities (2) On and after March 1, 1943, no private account, and export: and the producer shall assemble portable roll which in either çase shall result in an in supply now is and will be insufficient for ventory of such raw, semi-processed or crushers (to be used either independ defense and essential civilian require ently or as a part of a portable crushing finished material in excess of a minimum ments unless its use in the manufacture practicable working inventory, taking plant) except as provided in paragraph of many products where such use is not
Manufacture of the following—Continued. Manufacture of the following—Continued. Manufacture of the following—Continued. Industrial machinery and equipment-— Miscellaneous products: Non-ferrous metal products—Continued. Continued. Abrasive wheels, stones, papers and Time stamps and recording machines Cranes, derricks, hoists and winches cloths Watches Electric furnaces Agricultural machinery, implements and Non-metallic products: Electrical industrial equipment equipment Lumber, logs, ply-wood and veneer Excavating machinery Air conditioning -und commercial re Non-metallic sanitary ware Fans and blowers (Industrial) frigeration equipment (mechanical) Textiles, clothing and leather goods Food-dehydration machinery Closures (pressed paper and molded Industrial machinery anrd equipment: Furnaces and ovens (industrial) plastic) Business machines Qas generating equipment and apparatus Elevators Construction material Heat exchangers Escalators Cooperage and box making machinery Industrial lubricating equipment Fishing equipment (commercial) Food-processing machinery and equip Industrial machine-shop products Glass containers ment, except dehydration equipment Industrial trucks and tractors Jewel bearings Laundry and dry-cleaning equipment Instruments (industrial) Laundry equipment (domestic) Leather working machinery Machine tools and metal-working ma Motor vehicles, engines and parts (com Metal container making machinery chinery, including: bending, forging, mercial) Printing machinery cutting, shearing, rolling, milling and Navigation instruments Pulp and paper machinery pressing machinery Optical instruments and lenses Scales Mechanical power-transmission equip Photographic apparatus Spraying equipment (industrial) ment Professional, scientific and engineering Textile machinery Mining machinery and equipment instruments and appliances Water treatment equipment Ore milling, smelting and refining equip Refractories Electrical products: ment Refrigerators (mechanical) Dry cell batteries Petroleum refining equipment Rubber and rubber products (natural Electric bulbs and tubes Plastic working machinery and synthetic) Electric ranges Pumps Safety equipment, including helmets, Electric sound signalling devices Rubber-working machinery goggles and Civilian defense items Lighting fixtures Stone, clay, and glass products manu Stokers Fire protection equipment: facturing machinery Tires and tubes Fire engines Vacuum pumps Tractors Fire extinguishers Welding equipment, gas and electric, in Valves, faucets and fittings Fire hose and related equipment cluding welding rods and electrodes Wooden, paper and fiber containers Hydrants and related equipment Well-drilling machinery Sprinkler systems Woodworking machinery (except cooper Persons engaged in the following industries: Analytical, research, testing, and control Transportation equipment: age and wooden box making machin Busses ery) laboratories Discovery, production, transportation, re Trailers (passenger-car) Direct-military products: Miscellaneous products : Aircraft, propellers, engines and parts fining and marketing of natural gas, Automotive testing equipment and in Ammunition petroleum and petroleum products struments Ammunition boxes and chests Electroplating, galvanizing and other metal coating Baby carriages Combat vehicles Church goods Explosives Gas, light, power, water, central heating, and sanitary services Drugs and medicinals Ordnance Ice refrigerators # Pyrotechnics Industrial food production, processing, packaging, preservation and storage Mattresses and bed springs Ships, equipment and parts, including Motion picture products vessels of all types Mining and quarrying Public transportation and terminal facili Musical instruments Tanks, engines and parts (combat) Ophthalmic. goods Electrical products: ties including stevedoring - Electrical carbon and graphite products Ship repair and maintenance Pens and pencils and related office sup Smelting plies Electric motors and generators Photographic accessories Electrical instruments Wire communications Industry Plumbers specialties Floodlights Schedule n —P reference R ating AA-2X Pulp and paper Fuses Sewing machines Insulated wire and cable Manufacture of the following : Signs Motor-generator sets Iron and steel finished products: Umbrellas and parasols Physical-therapy equipment Boilers and radiators (heating) Ventilating fans Pole-line hardware and insulators Cutlery Other products: Searchlights Fabricated iron and steel wire products Other direct military products, manu Spotlights Gas conversion burners Storage batteries Hardware except transportation-equip facturing and construction equipment, Switchgear ment hardware components of products listed else Transformers Kitchen and household cans and pails where, and other construction mate Wiring devices and cbhduits Lawn mowers rials. X-ray equipment Metal bottle caps and closures, except Persons engaged in the following indus Engines and turbines: beverage crowns tries: Diesel engines Metal cans Aeronautics training (civilian) Gasoline engines Metal doors, window sash, frames, mold Civil air patrol Hydro turbines ing and trim Commercial refrigeration and production Steam engines and turbines Metal furniture of ice Communication equipment: Metal sanitary ware Construction Communication equipment including Milk cans (bulk) Engraving on metal (except for printing) telephone and telegraph systems and Razors Metal scrap salvage, sorting and proc apparatus Screens and weatherstripping essing of metàl scrap Fire alarm systems Steamtables and restaurant equipment Printing and publishing Phonographs Tools, farm and garden Public warehouses Radio and radar equipment and tubes Vitreous enameled products Radio communication and broadcasting Railroad signals and accessories Non-ferrous metal products: Repair services for industrial and house Transportation equipment: Clocks hold equipment (motor and mechan Bicycles and parts Collapsible tubes ical) . Locomotives, diesel, electric and steam Insignia Motorcycles, side cars and parts Pins, needles, hooks, eyes, snaps, buckles [F. R. Doc. 43-2107; Filed, February 9, 1943; Railroad and street cars and fasteners 11:31 a. m.] FEDERAL REGISTER, Wednesday, February 10, 1943 1797
Part 3179—Fibrous Glass Textiles (4) The Director General for Opera duction of fibrous glass textiles in the [Conservation Order M-282] tions at his discretion at any time may manufacture of any product which is issue special directions to any person not itself a fibrous glass textile, as de The fulfillment of requirements for with respect to the tise, process to final fined in paragraph (a) (1), shall treat the defense of the United States has product, delivery, or acceptance of de the production and consumption parts created a shortage in the supply of livery of, or the placing of orders for, of his operations as separate divisions, fibrous glass textiles for defense, for fibrous glass textiles by such person, or and delivery to himself for consumption private account and for export; and the to any producer with respect to the kinds shall be deemed delivery, requiring au following order is deemed necessary and of fibrous glass textiles which he may thorization within the meaning of para appropriate in the public interest and or must produce. graph (b) (1). Each such producer in to promote the national defense. (5) Such authorizations and direc his separate capacity as a producer and § 3179.1 Conservation Order M-282— tions will be made to ensure the satisfac as a user shall file all the applications (a) Definitions. For the purpose of this tion of requirements, direct and indirect, and reports required by paragraphs order: for the defense of the United States, and (c) (1) and (c) (2) (ii). A producer (1) “Fibrous glass textile” means any for essential civilian supply; and may who consumes all or any part of his pro material fabricated from fibrous glass also be made in consideration of any pos duction of fibrous glass textiles in the sliver which is in the form of roving, sible dislocation of labor, of the problems manufacture of products which are not yarn, cord, sleeving, tape, or cloth. of transportation, including Cross-haul fibrous glass textiles as defined in para (2) “Producer” means any person who ing, and of the necessity of keeping a graph (a> (1) must request allocation manufactures sliver from which fibrous plant in operation so that it may be able only for that type of fibrous glass textile glass textiles are produced. to fulfill war orders and essential re which immediately precedes the manu (3) “Distributor” means any person quirements; and may be issued, and, facturing • process which changes its who purchases fibrous glass textiles for unless otherwise specified by the Director form beyond that shown in the list of the purpose of resale either in the form General for Operations, shall be com fibrous glass textiles in paragraph received or after further processing, as plied with, without regard to preference (a) (1). by varnishing, impregnating, cutting, or ratings. (iv) Cancellation of deliveries; notice admixing with other materials. (c) Applications a n d reports—(1) by producer. Each producer shall notify (4) “User” means any person who pur Distributors and users; application for the War Production Board of the can chases or accepts delivery of fibrous glass authorization to accept delivery. Each cellation by a distributor or user of any textiles from producers or distributors distributor and each user seeking au authorized delivery or of inability to for processing into other forms of fibrous thorization to accept delivery of fibrous make authorized delivery within 5 days glass textiles or for installation, applica glass textiles from a producer during any after he has notice of such fact. tion, or use. A producer, who uses any calendar month shall file application on (3) Other reports. All persons af part of his own production of fibrous Form PD-790. Six copies shall be pre fected by this order shall file such other glass textiles in the manufacture of any pared, of which two shall be forwarded reports as may be requested from time product which is not itself a fibrous glass to the producer, together with the pur to time by the Director General for textile as defined in paragraph (a) (1), chase order, not later than the 1st day of Operations. shall be deemed also to be a user. the month preceding the month for (d) Miscellaneous p r o v i s i o n s—(1) (b) Restrictions on manufacture and which delivery is requested, and three Applicability of priorities regulations. processing o f sliver and delivery of shall be sent at the same time to the War This ordjer and all transactions affected fibrous glass textiles. (1) On and after Production Board. thereby are subject to all applicable pro April 1, 1943, no producer shall manu (2) Producers—(i) Application for visions of the priorities regulations of facture sliver, or place it into process, authorization to manufacture sliver and the War Production Board, as amended as by warping or weaving, or deliver fibrous glass textiles, and no person shall to place sliver into process. Each pro from time to time. accept delivery of fibrous glass textiles ducer seeking authorization to manufac (2) Communications to War Produc from a producer (unless such textiles ture sliver and to place sliver into process tion Board. All applications and reports were shipped prior to April 1, 1943), ex for the production of fibrous glass tex required to be filed hereunder, and all cept upon specific authorization by the tiles in any month shall file application communications concerning this order, Director General for Operations upon on Form PD-789 in triplicate with the shall, unless otherwise directed, be ad application pursuant to paragraph (c). War Production Board on or before the dressed to : War Production Board, Cork, (2) The Director General for Opera 15th day of the month preceding the Asbestos and Fibrous Glass Division, tions will from time to time issue specific month for which authorization is re Washington, D. C. Ref: M-282. instructions, quested. (3) Violations. Any person who wil (i) To each producer, authorizing (ii) Application for authorization to fully violates any provision of this order, and directing him to manufacture and deliver fibrous glass textiles. Producers or who, in connection with this order, to place into process such kinds and shall seek authorization to deliver fibrous wilfully conceals a material fact or quantities of sliver and at such times glass textiles only to distributors and furnishes false information to any de as may be necessary to produce specified users who have filed with them Form partment or agency of the United States quantities and kinds of fibrous glass tex PD-790 in duplicate. Each producer is guilty of a crime, and upon conviction tiles for delivery at specified times; seeking authorization to make such de may be punished by fine or imprison Chapter XI—Office of Price Administration subject to or affected by the provision of issued simultaneously herewith and filed the maximum rent regulation involved, with the Division of the Federal Reg P art 1300—P rocedure and shall include a specific statement of ister.* [Amendment 1 to Rev. Procedural Reg. 3 1! the particular amendment desired and Pursuant to the authority of the Emer the facts which make that amendment gency Price Control Act of 1942, includ PROCEDURE FOR ADJUSTMENTS, AMENDMENTS, necessary or appropriate. The petition ing section 205 (f) (2) thereof, It is PROTESTS AND INTERPRETATIONS UNDER shall be accompanied by affidavits set hereby ordered: RENT REGULATIONS ting forth the evidence upon which the § 1305.42 Licensing sellers of yarns, Sections 1300.209, 1300.212, 1300.229, petitioner relies in his petition. textiles, textile products and services re and 1300.234 (a) of Revised Procedural §1300.229 Requests for oral hearing. lated thereto—(a) License required. A Regulation No. 3 are amended to read as Any protestant or petitioner may request license as a condition of selling is re follows: an oral hearing. Such request shall be quired of every person selling any com § 1300.209 Applications for review. accompanied by a showing as to why the modity or service for which a Any landlord whose petition for adjust-, filing of affidavits or other written evi maximum price is established by Revised ment or other relief has been dismissed dence and briefs, will not permit the fair Price Schedules Nos. 7, 18, 23, 35, 58, or denied in whole or in part by the rent and expeditious disposition of the pro 89 or Maximum Price Regulations Nos. director, or any landlord subject to an test. In the event that an oral hearing 11, 33, 39, 106, 118, 127, 128, 151, 163, 167, order entered by the rent director on his is ordered in connection with a protest, 168,1 as now or hereafter amended or own initiative, may within fifteen days or with proceedings under § 1300.208 of supplementeil, or by any other price reg after the date on which notice of such this regulation, ilotice thereof shall be ulation now or hereafter issued or determination was mailed to him, file served on the protestant or petitioner not amended making applicable by reference with the rent director an application for less than five days prior to such hearing. the provisions of this supplementary review of such determination by the re The time and place of the hearing shall order. gional administrator for the region in be stated in the notice. Any such oral (b) License granted. Every person which the defense-rental area office is hearing may be limited in such manner selling any commodity or service for located. An application for review shall and to the extent deemed appropriate to which a maximum price is established be filed in triplicate upon forms pre the expeditious determination of the by Revised Price Schedules Nos. 7,18, 23, scribed by the Administrator and pur proceeding. 35, 58, 89 or Maximum Price Regulations suant to instructions stated on such § 1300.234 Subpoenas, (a) Any prot Nos. 11, 33 , 39, 106, 118, 127,128, 163, 167, forms, and shall be accompanied by three estant or petitioner may apply for a 168 as now or hereafter amended or sup copies of all the evidence, in affidavit subpoena in connection with an oral plemented, or by any price regulation form, upon which the landlord intends hearing. Applications for subpoenas now or hereafter issued or amended to rely in support of his objections to the when made prior to the oral hearing making applicable by reference the pro dismissal or denial of the petition for ad shall be filed as follows: (1) in connec visions of this supplementary order, is justment or other relief, or to the order tion with a protest against a provision of hereby granted a license as a condition entered by the rent director on his own a maximum rent regulation or order, of selling such commodity or service. initiative. Immediately upon the filing with the Secretary, Office of Price Ad The provisions of every regulation of the of an application for review of such de ministration, Washington, D. C.; (2) in Office of Price Administration to which termination, the rent director shall connection with a proceeding under this order now is or may hereafter be forthwith forward the record of the pro § 1300.208 of this regulation with the rent come applicable shall be deemed to be ceedings with respect to which such ap director or regional administrator, as incorporated in the license hereby plication is filed to the appropriate re the case may be, before whom such pro granted, and any violation of any pro gional administrator. If a petition for ceeding is pending. The Administrator vision so incorporated shall be a viola adjustment or other relief is denied by may grant or deny an application for a tion of the provisions of said license. the regional administrator upon such subpoena or refer it to the presiding offi application for review, or if an order en The license granted by this order shall cer appointed or designated under become effective upon the effective date tered by the rent director on his own § 1300.232 who may thereafter grant or initiative is affirmed, such denial or af deny the application. Applications for firmance shall be final subject only to ♦Copies may be obtained from the Office of subpoenas made during the oral hearing Price Administration. protest as provided in §§ 1300.215 to shall be submitted to the presiding offi »No. 7: 7 F.R. 2000, 2132, 2277, 2393, 2509, 1300.228, inclusive, of this regulation. cer, who may grant or deny such appli 2737, 3160, 3551, 3664, 5481, 8948, 9732, 10469; § 1300.212 Place for filing petitions cation. 8 F.R. 972. No. 11: 8 F.R. 361. for amendment; form and contents. A § 1300.253a Effective dates of amend No. 18: 7 F.R. 2000, 2132, 5138, 7435, 8948. petition for amendment shall be filed ments. (a) This Amendment No. 1 No. 23: 7 F.R. 2000,-2132, 2899, 2966,~ 2945, with the Secretary, Office of Price Ad (§§ 1300.209, 1300.212, 1300.229, 1300.234 3242, 3481, 6771, 8948. ministration, Washington, D. C. One (a)) to Revised Procedural Regulation No. 33: 7 F.R. 7557, 8948, 10070. original and four copies of the petition No. 3 shall become effective February 13, No. 35: »7 F.R. 2132, 2738, 2795, 3060, 3164, and of all accompanying documents and 194£ 3447, 3900, 6640, 7248, 7318, 8201, 8586, 8937, 8948; 8 F.R. 155. briefs shall be filed. Each copy shall be (Pub. Law 421, 77th Cong.) No. 39: 7 F.R. 5243, 5512, 6774, 8946, 8948. printed, typewritten, mimeographed, or No. 58: 7 F.R. 2000, 2132, 2397, 2580, 2543, prepared by a similar process^ and shall Issued this 8th day of Ftebruary, 1943. 3088, 3271, 4117, 4296, 4299, 4428, 5512, 6494, be plainly legible. Copies shall be dou Prentiss M. B rown, 7602, 7945, 8941, 8948, 10257. ble spaced, except that quotations shall Administrator. No. 89: 7 F.R. 2107, 2000, 2132, 2299, 2739, 3163, 3327, 3447, 3962, 4176, 4732, 7599, 8937, be single spaced and indented. Every [F. R. Doc. 43-2064; Filed, February 8, 1943; 8948. such petition shall be designated “Peti 2:55 p. m.] Np. 106: 7 F.R. 1648, 2245, 2397, 4338, 8948. tion for Amendment” and shall contain, No 118: 7 F.R. 3211, 3522, 3578, 3824, 3905, upon the first page thereof, the name of 4405, 5224, 5405, 5567, 5836, 6005, 6484, 7451, Part 1305—Administration 8217, 8941, 9002, 8948, 9969; 8 F.R. 274. the defense-rental area and the number No. 127: 7 F.R. 3242, 4180, 4454, 4587, 4762, and date of issuance of the maximum [Supplementary Order 36] 5364, 5675, 6653, 8948, 9823. rent regulation to which the petition LICENSING SELLERS OF YARNS, TEXTILES, No. 128: 7 F.R. 4659, 6615, 8948. relates, and the name and address of the No. 151: 7 F.R. 4667, 7911, 8948. TEXTILE PRODUCTS AND SERVICES RE No. 163: 7 F.R. 4733, 4734, 5827, 5872, 6887, petitioner. The petition shall specify LATED THERETO the manner in which the petitioner is 6973, 7454, 7603, 8941, 8948. A statement of the reasons for this No. 167: 7 F.R. 6895, 7403, 8948, 10448. No. 168: 7 F.R. 8193, 8948; 8 FJR. 373. 18 FJR. 526. Supplementary Order No. 36 has been FEDERAL REGISTER, Wednesday, February 10, 1943 1799 of this order, or when any person be tion, or any order issued pursuant to has been issued simultaneously herewith comes subject to the provisions of this any such regulation or schedule. and has been filed with the Division of order, and shall, unless suspended as pro (4) “Act” means the Emergency Price the Federal Register.* vided in the Emergency Price Control Control Act of 1942. In § 1340.159 (b) a new subparagraph Act of 1942, continue in force so long as This supplementary order shall become (11) is added and in § 1340.162 the des and to the extent that &ny such regula effective February 13, 1943. ignations (1) and (2) are corrected to tion or any applicable part, amendment read (a) and (b) respectively and a new or supplement remains in effect. (Pub. Laws 421 and 729, 77tlj Cong.; E.O. 9250, 7 F.R. 7871) paragraph (c) is added to read as set (c) Exclusions. This order shall not forth below: apply to sales at retail. Issued this 8th day of February 1943. § 1340.159 Appendix A: Maximum (d) Licensing section of General Max Prentiss M. Brown, - imum Price Regulation superseded. This Administrator. prices for petroleum and petroleum prod supplementary order supersedes the reg ucts. * * * istration and licensing provisions of [F. R. Doc. 43-2065; Filed, February 8, 1943; (b) Petroleum products. * * * §§ 1499.15 and 1499.16 of the General 2:56 p. m.] (11) (i) Notwithstanding any other Maximum Price Regulation2 insofar as provision of § 1340.159 (b) a seller’s max said sections may be applicable to per Part 1340—F uel imum tank wagon price at a particular sons making sales for which a license is required by this order: Provided, That [MPR 137,1 Amendment 20] point for a particular grade of gasoline, the provisions of §§ 1499.15 and 1499.16 PETROLEUM PRODUCTS SOLD AT RETAIL kerosene, range or stove oil, distillate fuel of the General Maximum Price Regula oils, and tractor and diesel fuel shall be tion shall continue to apply to sales at A statement of the considerations in the maximum price of the reference tank volved in the issuance of this amend wagon seller as specified hereunder for retail. ment is issued simultaneously herewith (e) Registration of licensees. Every and has been filed with the Division of the same grade at the same point pro seller hereby licensed may be required tq the Federal Register.* vided the reference tank wagon seller’s register with the Office of Price Admin In § 1340.91 a new paragraph (m) is maximum price is higher than the maxi istration at such time and in such man added as set forth below: mum price which would otherwise be ap ner as the Administrator may hereafter plicable. ^ Where more than one refer by regulation prescribe. § 1340.91 Appendix A: Maximum ence seller is specified for a particular (f) License and transferable. The li prices for petroleum products sold at cense hereby^granted is not transferable. retail establishments. * * * point, and such reference sfellers do not (g) Suspension of license. licensees Cm) If the maximum tank wagon have the same maximum price for such violating any of the provisions of this price of a particular petroleum product point, then the maximum price of the order or of the license hereby granted or to a retail dealer is increased pursuant reference seller having the lowest maxi violating any of the provisions of the to § 1340.159 (b) (11) of Revised Price mum price shall be controlling. price regulations specified in paragraph Schedule No. 88 or if such maximum For a product of a particular seller (a) hereof, or violating the provisions of price is increased pursuant to any to be regarded as of the same grade as any applicable regulation, order or re amendment to Revised Price Schedule a product of the reference seller, it must quirement under section 202 (b) of the No. 88 adopted after February 13, 1943, customarily have been so regarded in Emergency Price Control Act of 1942, are such retail dealer’s maximum price for trade practice at the point of sale and subject to the licensing suspension pro such petroleum product shall be in it must be a product that has customarily ceedings provided for in said Act. No creased by the same amount. been sold in competition with the prod person whose license =is suspended in pro § 1340.93a Effective dates of amend ceedings under section 205 (f) (2) of the uct of the reference seller. ments. * * * (ii) The companies hereinafter named Act shall, during the period of suspen (v) Amendment No. 20 (§ 1340.91 (m)) sion, sell any commodity or service as to are the reference tank wagon sellers for to Maximum Price Regulation No. 137 any point in the continental United which his license to sell is suspended. shall become effective the 13th day of No proceeding for the suspension of a February, 1943. States, in the State, States or district license, and no suspension, shall confer set out opposite the name of the com any immunity from any other provision (Pub. Laws 421 and 729, 77th Cong.; E.O. pany: Provided, That such company has of the Act. ■’ 9250, 7 F.R. 7871) an applicable maximum, price for such (h) Definitions. When used in this Issued this 8 th day of February 1943. point; supplementary order the terms: (1) “Person” includes an individual, P rentiss M. B rown, For any points in Reference tank vyagon Administrator. y the State of: sellers corporation, partnership, association, or Alabama._____ Standard Oil Co. (Ken any other organized group of persons, or [F. R. Doc. 43-2067; Filed, February 8, 1943; tucky) . legal successor or representative of any 2:54 p. m.] Arizona______Standard Oil Co. of Cali of the foregoing, and includes the United fornia. States, any agency thereof, or any other Arkansas_____ Standard Oil Co. of Loui Part 1340—F uel siana and Continental government, or any of its political sub Oil Co. divisions, or any agency of any of the [RPS 88,2 Amendment 66] California_____Standard Oil Company of foregoing. PETROLEUM AND PETROLEUM PRODUCTS California. (2) “Sale at retail” means a sale to an Colorado______Continental Oil Co. ultimate consumer other than an indus A statement of the considerations in Connecticut___Socony-Vacuum Oil Co., volved in the issuance of this amendment Inc. and The Atlantic trial or commercial user. * Refining Co. (3) “Price regulation” means a sched •Copies may be obtained from tbe Office of Delaware_____ The Atlantic Refining Co. ule effective in accordance with the pro Price Administration. District of Co- Standard OH Co. of New visions of the Emergency Price Control *7 F.R. 3165, 3749, 4273, 4653, 4780, 4853, lumbia. Jersey. Act of 1942, a maximum price regulation 5363 , 5808, 5941, 6057, 6896, 7902, 8353, 8938, Florida______Standard Oil Co. (Ken 8948, 9335, 10684, 11008, 11112, 11075; 8 F.R. tucky) and The Atlan or temporary maximum price regulation 231, 232, 1226, 1586. tic Refining Co. issued by the Office of Price Administra- 2 7 F.R. 1107, 1371, 1798, 1799, 1886, 2132, Georgia____ _ Standard Oil Co. (Ken 2304, 2352, 2634, 2945, 3463, 3482, 3524, 3576, tucky) and The Atlan *7 F.R. 3153, 3330, 3666, 3990, 3991, 4339, 3895, 3963, 4483, 4654, 4854, 4857, 5481, 5867, tic Refining Co. 4487, 4659, 4738, 5027, 5276, 5192, 5365, 5445, 5868, 5988, 5983, 6057, 6067, 6471, 6680, 7242, Idaho______Continental Oil Co. 5565, 5484, 5775, 5784, 5783, 6058, 6081, 6007, 7838, 8433, 8478, 9120, 9134, 9335, 9425, 9460, Illinois______Standard Oil Co. (Indi 6216, 6615, 6939, 6794, 7093 , 7322, 7454, 7758, 9620, 9621, 9817, 9820, 10684, 11069, 11112, ana) . 7913, 8431, 8881, 9004, 8942, 9435 , 9615, 9616, 11075; 8 F.R. 157, 232, 233, 857, 1227, 1200, Indiana______Standard Oil Co. (Indi 9732, 10155, 10454; 8 F.R. 371, 1204. 1457. ana) . 1800 FEDERAL REGISTER, Wednesday, February 10, 1943 For any points in date of the initial sale to such dealer accept delivery of such coke, at a de- : the State of— Reference tank wagon after February 13, 1943, that the retail livered price higher than $7.00 per net Continued. sellers dealer’s maximum price for said prod ton f. o. b. cars ovens, plus the transpor Iowa______Standard Oil Co. (Indi ucts at his retail establishment is in tation charges from Connellsville, Penn ana) . sylvania, to the place of delivery as cus Kansas______Standard Oil Co. (Indi creased by the amount of such increase ana) . of the tank wagon seller’s maximum tomarily computed: Provided, That any Kentucky.____ Standard Oil Co. (Ken price. Such notice shall be in the follow such seller shall file (unless he shall have tucky) . ing form: - done so prior to said date) with the Office Louisiana..___ Standard Oil Co. of Loui Your new Office of Price Administration of Price Administration an affidavit siana. ceiling price for (product) at your retail stating the name, ownership and average Maine______Socony-Vacuum Oil Co. establishment is your former ceiling price monthly production of the operation, the Inc. p lu s____ Lockwood Reading Hard Russell & Skillman Maximum Barrows Lock Clinton Earle Hard Norwalk Penn Hard Sager Lock Sargent & Yale iz Towne Federal type No. ware Mfg. Hardware1 ware Co. P. &. F. Corbin ware Corpora Erwin Mfg. Works Hardware price Works * Lock Co. Co. Mfg. Co. Lock Co. tion Co. Co. Mfg. Co. Mfg. Co. HANDLE SETS Locks 125 9.00 set PS163P162 S11428Ó BW1634 JA2813 x AM740646 DM8631 x 0288 iron x BE5442 E7132 PN0910584 3661 PB x GLS5555 7432J4 x iron 32 E6602 2/75383 x 2x933 PN2534 Pr. handles 420 9201 441734 Locks 125 5.00 set P12P162 114280 9214& MD4848 x FU150646 DB9412 x 0288 iron BE534034 E7232 AW0820584 7423TC x HB/35555 743234 X steel 32 E6602 2/70280 x 933 DU316 Pr. handles 400 4410)4 Locks 126 9.00 set PS163P163 S114260’ PW1634 JA2813 x AM740641 ' DM8631 x 134734 E-1566 x . E7119 PN0910587 3651PB GLS8885 7482 x Ê iron x T870234 x E6650 iron x E-BE2442 PN2534 Pr. handles 420 9200 32 2/75383 x REGISTER, FEDERAL 441734 Locks 126 5.00 set P12P163 114260 921434- MD4848 x FU150641 DB9412 x 134734 E-1566 x E7219 AW0820587 7423TC x HBS8885 7482 x steelx T8702U x E6650 iron x BE34034 951 DU316 Pr. handles 400 9200 32 2/70280 x 441034 Locks 800 x 2 cylinders 10.40 set PS163P996 S1170306 3385 x 1572 x E715234 PN0910886 3661PB x 742634 X 2/75383 x E-BE2442 2x976 PN2534 Pr. handles 420 441734 x No TP out Locks 800 x 2 cylinders 6.40 set P12P996 117030 3385 x 1572 x E725234 AW0820886 7423TC x 742634 x 2/70280 X BE34034 976 DU316 Pr. handles 400 \ 441034 TABLE II—DEAD LOCKS D E A D L O C K S 1943 10, February Wednesday, Lock 38A: P1163 x 960 x V2161 x 8180 x E3958 x 132 iton x E7078 % X 0963 H X 4949 X 5078 X 270 x P 161507 9/26 2/V560 X 8773 DM84134 2/4496 '7926-Lenox PR02590 617 X 2 S934 2/GS814 Escutcheon 2/350A 1.25 each 32 Lock 38A: P1163 x &0x V2161 X 8180 X È3958X 132 iron x 1092 E707S34 x 096334 X 4949 x 5078 X 2 7 0 X P01523 43/26 2/1450 X 4753 DT90154 2/3560 7925-Berk. 02501 310x2 S930 2/BH12 Escutcheon 2/351 1.10 each 32 Lock 114 2.40 each P1193 805034 6104 V221434 x 839234 E7321 3013 E1620 E7203 099ST 4861 S6661 325 32 Lock 114: No turn knob 2.15 each P1191 805034 6104—No V2214 X 8392 E7320 3011 E720¿34 0995 4851 S6660 324 turn knob 32 Lock 115 2.90 each P1192 8050 6204 V2214 34 x 839234 E7322 3012 E1622 E7203 34 0995 34 4865 S6663 324 34 32 Lock 116 3.00 each P1123 7050 34 6105 V2243 34 x 839434 E7361 141 E1637TK E7207 09697T 4841 305 32 iron Lock 116: No turn knob 2.75 each P1121 705034 6105—No V2243 X 8394 E7360 0141 iron E7207 34 0969 4831 304 turn knob 32 Lock 117 3.50 each P1122 7050 6205 V2243 34 x 8396 34 E7362 141 iron E1637 v E7207 34 \0969 34 4845 1803 304 34 32 « 1804 TABLE III—MORTISE LOCK AND LATCH SETS Earle Hard Lockwood Reading Hard Russell & Sager Lock Sargent & Skillman Yale & Towne Maximum Barrows Lock Clinton Norwalk Penn Hard P. &. F. Corbin Erwin Mfg. Hardware Federal type No. ware Mfg. Hardware Lock Co. ware Co. ware Corpora Works Co. Mfg. Co. /price Works Lock Co. Co. Mfg. Cq. tion Co. Mfg. Co. MORTISE-LOCK AND LATCH SETS Locks 4 mod. < 1.60 each PC197601 x 434080 x 301 x 3109 x LO765320 2327-24 1327 x 855% x E-01-MA3 AH01250 x 5160 x 5003 x 808 x G35 x P161507 9/26 .55% x V974 x V7 x Changes )x 01519% E-P004722AS x PR02590 1852 x S3585 G222 X Knobs 210 EY7 x W5 V560 x 32 82% YH x 01118 x E-200 x 278 x 617 x GS814 Roses 330A' CE839 x 2/4496 E-P1205 2 Escutcheon 350A DM84l% Locks 4 mod. .60 each PC36601 444080 x 301 x 54% 3109 x LO165320 2327-24 604-038 . E-1407 E-01-RA3 A F01250 5160 x 5003 x 808 x 43/26 x Pl-S x 9273% Changes x 1462F X TS25 B035 x Knobs 2108A W5 56 x 1450 x 93% YL x 144 x B222 x REGISTER, FEDERAL Roses 330 . 32 934 x ' 310x2 B812 Escutcheon 351 DT901H Locks 4A 2.10 each PCÎ97623 x 434080% x 303 x V3611 x L0765324 2328 x 685% x E-01257 x E-75% AH01272% 5369 X ’ 5003% X 1820 x G35 x P161507 9/26 55% x V9174 x 82% YH X 01519% x E-P004722 MA3 PR02590 1852 X S3585 G222 X GS814 Knobs 210 EY7 x W5 Y7 x CE839 x 01118 x AS x E-200 x 278 X Roses 330A V560 x 32 DM841 % 2/4496 E-P1205 617x2 Escutcheon 350A 5003% x Locks 4A 1.10 each PC36623 444080% x 303 x V3611 x L0165324 2328 x 685% X E-01257 x E-75%- AF01272% 5369 x 1820 x 43/26 54% x 9273% x 93% YL x 01419% PW x P00422% x RA3 1462F X TS25 B035 x Knobs 210B Pl-S x W5 56X 1450 X 934 x 01118 x 22 X P100%, 144 x B222 x B812 Roses 330 32 DT901% 2/3560 310 x 2 Escutcheon 351 Locks 17A 2.94 each PC197637EK x 44500x 308 x V3614 x LO765460% E3190 x 0759- E-1180 x E-34-MA3 AH01470EKX 4659% x 5003% x 1819 X P161507 9/26 55% x V9174 X DN862 X iron X E-P004722 PR02590 x 1852 x S3585 M503 x G35 x Knobs 210 EY7 x V7 x 82% YH x 01519% X AS x E-200 X PR02490B 278 X G222 X Roses 330A TB5 x W5 V560 x 32 CE839 x 01118 x E-P1205 x 617 X 125 GS814% 1943 10, February Wednesday, Escutcheon 350A DM841% 4496 iron x E-P1486 3140 Locks 17A 1.94 each PC36Ô37EK 44500 x 308 x V3614 x LO165460% E3190 x 0759- E-1180 x E-34-RA3 AF01470EK 4659% x 5003% x 1819 x '43/26 54% x 9273% x DT962 x iron X P00422% x 1462F x TS25 M503 x Knobs 210B Pl-S x 56 x 93% YL x 01419% PW x 22 x P100% 310 X 125 B035 x Roses 330 ÌTB5 x W5 1450 x 32 934 x 01109% x x P468% B222 x 812% Escutcheon 351 DT901$é 3590% X 3560 Locks 20 4.04 each P0197P977 43520 308% x 1 V5538 x L0765463 E3369 x 159% x E-1182 x E- E-36%-MA3 AH010482 4675 x 5231 x 1525 x G35 x 55% x V9174 x 2/DN862 x 01519% X PQ04722AS x 1852 x S3585 G222 x Knobs 210 EY7 x TB5 V7 x 82% YHx 01118 x E-200 x 278 x 2/GS814% Roses 330A V560 x 32 CE839 2/3140 E-P1486 125x2 Locks 20 3.04 each PC36P977 44520 308% x V5538 x LO165463 E3369 x 159% x E-1182 x E-36%-RA3 AF010482 4675 x 5231 X 1525 x 54% x 9273% x 2/DT962 x 01419% PW x P00422% x 1462F x TS25 B035 x Knobs 210B P l-S x TB5 56 x 93% YL x 01109% X 22 x 144 x B222 x Roses 330 1450 x 32 934 2/3140 P468% 125x2 2/B812% Locks 28 2.37 each PC197P210 433000 V1080 x 8067 x E1667 x 049 iron x E-1078 x E-25-MA3 AH01130 ! 4645x 61 x 1016 x Knobs 210 V9174 x PR/9650G x 82 % YH x : 01519 % x È-P004722AS 1852 x S3585 G35 x G 222 Roses 330A ' ' V7 x 32 53% CE839 ' 01118 E-200 278x2 Locks 28 1.37 each PC36P210, 443000 V1080 x 8067 x E1667 x 049 iron x • E-1078 x E-25-RA3 AF0Ì130 4645 x 61 X 1016 X Knobs 210B 9273 % x PR/9536 x 93 % YL x 01419 % PW x P00422 % x 1462F x TS25 B035 x Roses 330 56x32 59% . 934 01109% 22 144 x 2 B 222 1003 x Locks 28 Mod. 1.72 each PC197P200 433001 111 X 1000 x (108 or E1592 x 055 x E-1018 % x E-39-MA3 AH01110 4621 x 53 %x 55 % x V194 x 9030) x 82 % YH x 01519 %. E-P004722AS 1852 x S3585 G35x Knobs 210 EY7 V7 x 32 PR/9650O x GE839 01118 E-200 278 x 2 G 222 Roses 330A 53% ■ 055 x ! E-1018 % x E-39-RA3 AF01110 4621 x 53 % x 1003 x Locks 28 Mod. .72 each PC36P200 443001 111 X 1000 x (108 or E1592 x B035 x 64 %x 9273 % x 9030) x 93 % YL X 01419 % PW x P00422 % x 1462F x T/525 Knobs 210B Pl-S 56x32 PR/9536 x 934 01109 % 22 144 x 2 B222 Roses 330 69% TABLE IV—SCHOOL HOUSE SETS Earle Hard Lockwood Reading Hard Russell & Skillman Maximum Barrows Lock Clinton Norwalk Penn Hard Erwin Mfg. Sager Lock Sargent & Hardware Yale & Towne Federal type No. ware Mfg. Hardware Lock Co. ware Co. P. &. F. Corbin ware Corpora Works Co. Mfg. Co. price Works Lock Co. Co. Mfg. Co. tion Co. Mfg. Co. SCHOOL HOUSE SETS E2895 x 1272% E-1308 x E-44%-MA3 AH010810%x 4736 X 9500 x 872 x G 35 x Locks E38 4.09 each PC197P953 X 431270 X L0765466 P 161507 9/26 82% YH x Iron x E-P004726AS PR02590 1853 x S3585 G222 x CE839 x 01519% x E-200 x 278 x GS814. Knobs 210 617 x 2 Roses 330A DN841% 01118 x E-P1205 Escutcheon 350A 2/4496 E-44%-RA3 AF010810% 4736 x 9500 X ^ 872 x B035 x Locks E38 3.09 each PC36P953 441270 X LO 165466 E2895 x 1272% E-1308 x 43/26 93% YL x Iron x P00426% x 1463F x TS25 *B222 x B812. Knobs 210B 934 x 01419% PW x P100% 144 X Roses 330 DT901% 01109% x 310 X 2 REGISTER, FEDERAL Escutcheon 351 2/3560 TABLE V—HOSPITAL SETS HOSPITAL SETS Locks A40 6.75 each V1098 x ‘ • 1261 iron x E-1129% x E-90-MA3 4999.x 1581 X G35 x V9174 x 01519% .x E-P004722AS x 1852 x G222 x Knobs 210 V7 x 01118 x E-200 X 278 X 617 X GS814 Roses 330A V5600 x 32 2/4496 iron E-P1205 2 Escutcheon 350A Locks A40 5.75 each V1098 X 1261 iron x E-1129% X E-90-RA3 4999 x 1581 x 9273 X 01419% PW x P00422% x 1462F X B035 x Knobs 210B 56 x 01109% x 22 X P100% 144 x 310 x B222 x B812 Roses 330 1450 x 32 2/3560 Escutcheon 351 Locks A40 7.75 each V1098 X 1261 iron x E1129% x E-90-MA3O 4999 x 1581 x 1943 10, February Wednesday, 1/V9174 x 01519% x E-P004722AS 1852 x 1/G35 x Knobs F/210 1/V7 X 01118 x E-P1452 x 278 X 1/G222 x Roses 1/330A 1/V560 X 2972% iron E-200 x 617x56 1/GS814 x Escutcheon 350AX 32 , 2/4496 iron E-P1205 F1193 Locks A40 7.25 each V1098 x 1261 iron x E-1129% x E-9Q-RA3C 4999 X 1581 x 1/9273% X 01419% PW x P00422% X 1462F x 1/B035 x Knobs 1/210B 1/56 X 01109% x E-P1452 X 144 x 1/B222 x Roses 1/330 1/1450 X 32 2972% iron x 22 x P100% 310 x 56 1/B812 x Escutcheon 351X 2/3560 F1193 TABLE VI—SECTIONAL LATCH SETS SECTIONAL LATCH SETS • Locks 28 Mod. 9.50 doz. PRF36P200 GK44-4080 L332 1000 x LO 161307 DT924G x 0 x 0412 x E-1018% x E-30-PA3 AFJF03110 4610S x 5 3 % X 0 x D G0542 x V9946 X 1532 01109% 0OS206% X 3343 x 4 5 B 222 Knobs, Clear Glass 56 x 32 22 143 Wrought Shank Roses 330 Locks 28 Mod. 9.50 doz. PTF36P200 L338 LO 162307 DT924G x E-30-GA3 AFPF03110 4610S x Ox DG0341X 9062S x . 3314 X 1805 B 222 Knobs Clear G lass 1532 143 Wrought Shank Roses 330 Locks 28 Mod. 8.90 doz. PB37P200 93-4080 G R164307 DT928 x 0 x 01430 x E-30-AŸ3 AFYC03110 4610S x 0 x XDF134 X PF94% x 01109% 1514 x B222 Knobs, Metal (French 1532 143 Shank) Roses 330 Locks 28 Mod. 950, doz. P200 x 1341 x P-4080 9030 x 1532 x 0 x 2842 x E-1018% x E-30-AA3 110 x 4610S x 53% x 0 x G202 x 0128 8225 x 279-steel 01120% E-00693% x P2132% x 1814F x 200 B222 Knobs 220 59% Shank x 22 02002B 144 Roses 330 934 I TABLE VI—SECTIONAL LATCH SETS—Continued. 1806 Maximum Barrows Lock Clinton Earle Hard Lockwood Norwalk PenD Hard Reading Hard Russell & Sager Lock Sargent & Skillman Yale & Towne Federal type No. ware Mfg. Hardware P. F. Cprbin ware Corpora Erwin Mfg.J Hardware Mfg. Co. price Works Lock Co. Co. Mfg. Co. Lock Co. ware Co. tion Co. Works Co. Mfg. Co. Locks 28 mod. 6.00 doz. P200x J-4080 Ill X JM27 9030 x 1532 x 0 x 3600 x E-1018J4 x E-30-A3 110 x 4610S x 53)4 x Ox J412)i x P1345JÌ M x 9244 x 324 x 934 01109)4 00192 x 22 J0210234 M x 1232 x 342)4 J30 ' Knobs 221A 012 59)4 02002 144 Roses 330 Locks 28 mod. 6.00 doz P200 x PI-4080 111 x PM27 9030 x 1532 x 0 x 820 x E-1018J4 x E-30-AP3 110 x 4610S x 53)4 X 0 x P412)4 x P1341)4 M x 9316 x 224 x 934 01109)4 00193 x P0210234 M x 1414 x 242)4 J30 Knobs 221 012 5934 22 02002 144 Roses 330 Locks 28 mod. 10.70 doz. DT924G x 055 x E-39-PA3 AFJF030120 4621 x 1003 x 1592 0412 x 3343 x DG0542X Knobs clear glass 011109)4 143 B222 REGISTER, FEDERAL wrought shank Roses 330 Locks 28 mod. 10.70 doz. DT924G x E-39-GA3 AFPF030120 4621 x 1003 x 9062S x 3314 x DG0341 x Knobs clear glass 1592 143 B222 wrought shank Roses 330 Locks 28 mod. HU0 doz. DT928 x 055 x E-39-AY3 AFY C030I20 4621 x 1003 x PF94JÌ x 01430 x 1614 x XDF134 x Knobs metal (French 1592 0110934 143 B222 shank) Roses 330 Locks 28 mod. 10.70 doz. 1592 x 055 X E-39-AA3 0120 x 4621 x 1003 x 279 Iron 2842 X P2132)4 X 1814F x G202 x Knobs 220 §hank 01120)4 02002B 144 B222 Roses 330 934 Locks 28 mod. 7.20 doz. F220 x 1592 x 065 X E-39-A3 0120 X 4621 x 1003 X 1943 10, February Wednesday, P1341H M x 324 x 934 3600 x J0210234 x 1232 X J41234 X Knobs 221A 012 01109)4 02002 144 J30 Roses 330 Locks 28 mod. 7.20 doz. P220 x 1592 x 055 X E-39-AP3 0120 x 4621 x . 1003 x P1346H M x 224 x 934 820 x P02102H X 1414 X P412)4 x Knobs 221 012 01109)4 02002 144 J30 Boses 330 N ote: Closet sets.—When closet spindle is substituted for steel trim x steel knob deduct $.50 per dozen. Whencloset spindle is substituted for steel trim x glass knob deduct $1.00 per dozen. TABLE VII—BATHROOM SfeTS BATHROOM SETS Locks 17A mod. 12.75 doz. PRF36637EK GK43-500 BG332 x 3129 x L0161341J4 E3190 x 013159 x 0289)4x E-29-PA3 AFJS03470EK 4661 X YS543)4 x 1513 x 308 V9946 x DT962 x 0412 x 00S206)4 X 3343 x 45 DG05432 x Knobs Clear Glass 56x32 362S x 01109)4 22 X 143 x B222 x B812 X Wrought Shank. 934 P100)4x 310 X 125 B81234 x Roses 330 P468X M503 Locks 17A mod. 12.75 doz. PTF36637EK GK44-500 BG338 X LO162341)4 E3190 x P-29-GA3 AFPE03470EK 4661 x AS543)4 x 1513 x 308 DT962X 3314 x 45 DG0341 x Knobs Clear Glass 9062S x 143 x B222 x B812 X Wrought Shank. 934 310 x 125 B812)4 x Roses 330 M503 Locks 17A mod. 12.15 doz. PB37637EK 93-500 GR161341J4 E3190 x 013159 x E-29-AY3 AFYC03470EK 4661 x 1513 x DT962 x 01430x 1514 x XDF134 x Knobs Metal (French PF84J4 x 01109)4 143 x B222 x B812 x (Shank). 934 125 x 310 B812)4 x Roses 330 M503 Locks 17A mod. 12.75 doz. P637 x P-50Ö 308 x 9341 x E3190 x 013159 x 0289*4 x * E-29-AA3 470 x 4661 x YS543)4 x' 1513 x 1341 x PM27 x 8225 x DT962 x 2842 x E-00693)4 x P2132)4 x 1814F x 200 G202 x B222 x Knobs 220 012B x EK P l-S x 59)4 x 279 steel 01120)4 22 x P100)4 X 02002B X EK 144 x B812 x Roses 330 TB5 x W5 01123 shank x 934 P468)4 125 x 310 B812)4 X M503 TABLE VII—BATHROOM SETS—Continued. Earle Hard Lockwood Reading Hard Russell & Maximum Barrows Lock Clinton Norwalk Penn Hard Sager Lock Sargent & Skillman Yale & Towne Federal type No. Lock Co. ware Mfg. Hardware Lock Co. P. &. F. Corbin ware Corpora Erwin Mfg. Hardware price Works Co. Mfg. Co. ware Co. tion Co. Works Co. Mfg. Co. M'fg. Co. Locks 17A mod. 9.25 doz. P637 x J-500 308 X 9341 X E3190 X 013159 X * 02&9H x E-29-A3 470 X 4661 X Y S543)4 X 1513 X P1345)4M X JM27 X P l- 9244 X DT962 X 3600 X 00192 X J0210234M X 1232 X 34234 1412)4 X Knobs 221A 012 X EK S X TB5 X ■ 59)4 x 324 X 934 0110934 22 X P468)4 02002 X EK 144 X J30 X J40X Roses 330 W5 01123 125 X 310 B812J4 X M503 Locks 17A mod. 9.25 doz. P637 X P1-500 9341 X E3190 X 013159 X 0289M X E-29-AP3 470 X 4661 X YS543J4 X 1513 X P1341)4M X 9316 X DT962 X 820-X 00193 X 22 X P0210234M X 1414 X 24234 P41234 X Knobs 221 012 X EK 59)4 x 224 X 934 0110934 P46834 02002 X EK 144 X 130 X J40 X Roses 330 01123 125 X 310 B81234 X M503 TABLE VIII—CYLINDER SETS REGISTER, FEDERAL CYLINDER SETS Locks 97 $5.00 each PC197P378 437030 8890 X VT5000& L0765661 E7230 X 01839 iron x E-01606 x E-56-MA3 AH010781 6705)4. x 7656 x G35 x 55)4 X V9174 X 82)4 YH X 0151934 X E-P004726AS or 1853 X 278 Q222 Knobs 210 EY7 X V7 X 32 CE839 01118 E-P1372AR-8 x E-156-MA3 Roses 330A P234- E-PB1372AR-8 steelX TB5 Locks 97 4.00 each PC36P378 447030 8890 X VT5000J4 X L0165661 E7230 X 01839 E-01606 X E-56-RA3 AF010781 6705)4 x 7656 x 54)4 X 9273)4 X 93)4 YL X iron x P0042634 x or 1463F x 144 B035 x B222 Knobs 210B P l-Sx 56x32 934 01419)4 PW x BE37234 X E156-RA3 Roses 330 P2)4- 0110934 BËB37234 steel X TB5 Locks 93 mod. 4.60 each PC197P34034 437000M 9101X VT5030 X L0765617 E7551 X 3123 x É-01612 X E-124-MA3 AH010671 , 6725 x ¡1 8886 x- 7660 x 55)4 X V9174 X DN882X 01519)4 x E-P004722AS x 1852 X 278 S3585 Q35 x 0222 x Knobs 210 EY7xTB5x V7 X 32 82)4 YH X 01118 E-P1372AR-8 x T. T.+P Roses 330A P2 )4-steel CE839 E-PT1373AR-8 1943 10, February Wednesday, Locks 93 mod. 3.60 each PÇ36P34034 447000M 9101 X VT5030 X LO 165617 E7551 X 3123 x E-01612 x E-124-RA3 AF010671 6725 x 8886 x 7660 x 5434 X 9273)4 X DT962 X 01419)4 PW x P00422)4 x 1462F X , TS25 B035 X Knobs 210B Pl-S X 56x32 93)4 YL X 01109)4 BE37234 x 316 B222 x Roses 330 TB5 X 934 BET37334 T.T. — P P234 Steel Locks 94 mod. 5.33 each PC197P342 437000C 9102 X VT5020 X L0765616 E7552 X 3122 X E-124 )4- AH010672 6726 x 888634 x 7660)4 x 55)4 X V9174 X 8234 YH X 01519)4 x MA3 1852 x 278 ‘S3585 Q35 x 0222 Knobs 210 EY7 X V7 X 32 CE839 01118 ‘Roses 330A P234 Steel 9199 y Locks 94 mod. 4.33 each PC36P342' 447000C 9102 X BT5020 X L0165616 E7552 X E-124J4- AF010672 6726 x 8886)4 x 7660)4 X 54)4 X 9273)4 X 9334 YL X 0141934 PW X RA3 1462F x TS25 B035 x B222 Knobs 210B Pl-S X 56x32 934 01109)4 144 Roses 330 P234 Steel TABLE IX—ENTRANCE SETS ENTRANCE SETS 3.90 each P28P340 83-7000 CT51747 A&6011 x 420611 Pendent 730-842 x PD6432 71248ÇY2 VS, EP, EW, 4748RM YS8882 X ' CŸ77500 also 54- iron 32 Empire Kent 996 x 3343A R Oleo, Juno, or etc. RS26 CN77500 Locks 88 mod. 73-79 Stratford > E9300 Havre, ete. MB030670 Pendent design designs 1807 Locks 91 mod. 3.40 each P28P340V 83-V-7000 CT61747 AZ601134 X 420651 Pendent 730-742 x PD643234 71248)4 VS, EP, EW, 474834RM YS8882J4 x CY77900 also 54- iron 32 Empire Kent 986 x 3423A R CY2 or etc. RS26 CN77900 Pendent design 73-79 Stratford E8305 Cleo, Juno, MB030670V designs Havre, etc. TABLE IX—ENTRANCE SETS—Continued. 1808 Reading Hard Russell & Skillman Maximum Barrows Lock Clinton Earle Hard Lockwood Norwalk Penn Hard Sager Lock Sargent & Yale & Towne Federal type No. ware Mfg. Hardware P. &. F. Corbin ware Corpora Erwin Mfg. Works Co. Hardware Mfg. Co. price Works Lock Co. Co. Mfg. Co. Lock Co. ware Co. tion Co. Mfg. Co. Locks 88 mod. 3.90 each P34P340 23-7000 GB51747 WE6011 x TG996 x 727-842 x 71248FA2 NB030670 4748DU AS8882 x DK77500 Rectangular design other Steel 32 E9300 3343AR Hull etc. RS26 than broad bevel Locks 91 mod. 3.40 each P34P340V 23-V-7000 GB61747 WE6011*$ x TG986 x 727-742 x 71248*4 FA2 NB030670V 4748*$ DU AS8882*$ x DK77900 Steel . 32 E8305 3423AR Hull etc. RS26 Rectangular design other than broad bevel Locks 88 mod. 3.60 each PC36P340 117000 OB51747 MD6011 x 420611 DB996 x 702-842 X BE06431 71248RA4 AW010670 4745TCF HS8882*$x DU77500 32 Fulton 93*£ YL x 3343AR Berkley TS25 Knobs 210 E9300 REGISTER, FEDERAL Escutcheon 300 x 302 Locks 91 mod. 3.10 each PC36P340*$ ll-V-7000 OB61747 MD6011*$ x 420651 DB986 x 702-742X BE06427 71248*$ RA4 AW010670V 4745*$ TCF HS8882 x DU77900 Steel 32 Fulton 93*$YLx 3423A R Berkley TS25 Knobs 210B E8305 Escutcheon 300 x 300 (7 x 2 *$ blank) Locks 28 mod. 7.40 doz. P28P200 83-3000 VN1545L AZ6201 x 120307 Pendent 0 x 01435 X E-1018JÎ x 01030CY1 NB03110 YS53*$ x CYOO P33P200 Locks 28 mod. 7.40 doz. GB1545L WE6201 x TG926 x 01030FA1 NB03110V 254DÜX AS53*$ X DK00 1000 x 32 1532 Hull * 4610S RS26 Rectangular design with metal knobs other than broad bevel. Locks 28 mod. 9.66 doz. PRF34P200 GK833000 CT1325L AZ6206 x 121307 Pendent 630D04&X 0 E-1018î< x 01030PA1 NBJF03110 284RM x YS53*$ x GCY05N PRF28P200 also 54- 1000 x 32 Empire 924G x 00S206M x or MBJF03110 4610S 45 GGN05N Pendent design with PRF33P200 73-79 Kent 1532 PDB21E 01030GA1 EWJF01110 glass knobs. . designs Stratford Aero Anthony Havre Juno Nile Issued this 8th day of February 1943. takes into consideration present cost of multaneously herewith and has been Authority: §§ 1351.1901 to 1351.192Ô inclu sive, issued under Pub. Laws 421 and 729, P rentiss. M. B rown, ingredients and packaging materials, filed with the Division of the Federal 77th Cong., E.O. 9250, 7 FH. 7871. Administrator. subject to certain limitations, labor costs Register.* Therefore, under the au at March 1942, wage rates, and a dollar thority vested in the Price Administrator § 1351.1901 Scope of this regulation. [P. R. Doc. 43-2068; Piled, February 8, 1943;* and cents mark up as of a specified base This regulation provides for new maxi 2:54 p. m.] by the Emergency Price Control Act, as period. amended, and Executive Order No. 9250, mum prices for all sales of certain bakery In the judgment of the Price Admin products listed in Appendix A. New istrator, the maximum prices established and in accordance with (Revised Pro cedural Regulation No. 11 issued by the maximum prices must be recalculated by Part 1351—F ood and F ood P roducts by this regulation are generally fair, just all sellers during each April and Octo Office of Price Administration, this' (MPR 319] and equitable and tend to effectuate the ber occurring after the effective date of purposes of the Emergency Price Con Maximum Price Regulation No. 319 is this regulation as hereinafter provided. CERTAIN BAKERY PRODUCTS trol Act of 1942, as amended, and of hereby issued. This regulation provides for the de Executive Order No. 9250. § 1351.1902 Maximum prices of pro termination of maximum prices for cer A statement of the considerations in •Copies may be obtained from the Office ducers for sales to retailers. Each pro tain bakery products. The prescribed volved in the issuance of this Maximum of Price Administration. ducer of a commodity listed in Appendix formula for determining these prices Price Regulation No. 319 is issued si » 7 P.R. 8961. A of this regulation shall determine his FEDERAL REGISTER, Wednesday, February 10, 1943 1809 maximum prices for each producing cost” shall include the labor involved in (ii) he may take a representative list the manufacturing, packaging and ship of his deliveries in the area served by plant for sales to retailers as follows: Mm and average the actual or estimated (a) Ingredient and packaging material ping of the commodity, but shall not cost. The producer shall ascertain his include the labor involved in the pur actual cost of each such delivery and actual or estimated actual cost of in chase of ingredients and supplies, plant add that figure to Said maximum f. o. b. gredients and packaging materials for and machinery maintenance, distribu producer’s plant price, thereby arriving tion, selling or advertising of the com at a uniform delivered maximum price each producing plant per unit of the to which he may add no further delivery commodity at the time of calculation, modity, or administrative expenses. subject to the following limitations: Said “March 1942 wage rate” shall be costs. If he had only a delivered selling (1) He shall not include his cost of any the highest wage rates paid by the pro price, his maximum price ultimately ar ingredient or packaging material at ducer in March 1942, for each class of rived at under paragraph (d) hereof higher than the maximum price thereof labor involved in the production of the will be a maximum delivered price to to him as prescribed by the Office of commodity to be priced. If the pro which he may never add further de Price Administration at that time to ducer employs a class of labor included livery costs. To determine a maximum gether with the actual transportation in “direct labor cost” which he did not price f. o. b. producer’s plant from a max - charges to his established place of busi employ during March 1942, he shall take imum price delivered, he shall take all ness where such maximum price is fixed the highest wage rate paid in March or a representative list of his deliveries 1942, by a producer of the same or a in the area served by him during the on an f. o. b. basis. comparable commodity, operating under base period and average the actual cost (2) Except as provided in subpara of each such delivery and subtract that graph (3) of this paragraph (a), if no the most nearly comparable conditions, maximum price has been prescribed by who did employ that class of labor dur figure from said maximum delivered the Office of Price Administration for ing March 1942. price. (c) The mark up# The producer shall (d) The producer shall add together an ingredient or packaging material, he his present cost of ingredients and pack shall not include it at a cost higher than ascertain his mark up fcr each producing plant for sales to retailers as follows: aging materials as determined under the average market price of such in paragraph (a) of this section, direct labor gredient or packaging material at his He shall ascertain (1) his weighted aver age actual selling price for each produc costs as determined under paragraph (b) usual source of supply and for the quan of this section, and his dollar and cents tities normally purchased by him in ing plant per unit of the commodity to March 1942, or if there were no sub be priced which he sold to retailers dur margin or mark up as determined under stantial market sales of such ingredient ing the base period set forth for each paragraph (c) of this section, and the or packaging material during March, commodity in Appendix A of this regu resulting figure shall ba his maximum 1942, than during the base period of the lation, and subtract therefrom (2) his price for the producing plant in question commodity to be priced as specified in weighted average actual cost of ingre per unit of the commodity for all sales Appendix A of this regulation, together dients, packaging materials and direct to retailers. with actual transportation charges paid labor (as above defined) per unit of the § 1351.1903 Maximum prices of pro by him to his established place of busi commodity for all such sales to retailers ducers for sales to ultimate consum ness, if any. during such base period. If the pro ers. Each producer of a commodity (3) Where one of the following com ducer did not sell the same commodity listed in Appendix A of this regulation modities is not subject to a maximum during such base period, he shall ascer shall determine his maximum prices for price prescribed by the Office of Price tain his mark up by taking the margin each producing plant for sales to ulti Administration at the time of the cal computed as herein before provided on mate consumers as follows: culation and constitutes an ingredient of the nearest comparable commodity (a) Ingredient and packaging material the commodity to be priced, the pro which he did sell during such base pe cost and direct labor costs. The pro ducer shall include his actual cost of the riod. If he did not sell the same or any ducer shall ascertain his actual or esti same delivered to his established place such comparable commodity during such mated actual cost of ingredients and of business during the base period of the base period, he shall take the mark up packaging materials, and his direct labor commodity to be priced as specified in determined in like manner for the same per unit of the commodity at the time Appendix A hereof, plus the amount or the nearest comparable commodity of calculation pursuant to paragraphs hereinafter specified opposite each such sold to retailers during such base period (a) and (b) of § 1351.1902. ingredient: by his closest competitive producer op (b) Mark up. The producer shall Amount erating under the most nearly compa next ascertain his average margin per Ingredient: Per ton rable conditions. If he cannot ascertain unit of the commodity to be priced dur Fresh apples______$6..50 his mark up under the foregoing provi ing the base period set forth for each Fresh apricots______23 s 00 sions, he shall take as his mark up his Fresh cherries, red sour and pitted_50.00 margin computed in like manner on a commodity in Appendix A of this regu Fresh cherries, sweet______56. 00- commodity having the nearest cost and lation by deducting from the average Fresh figs______TZ.______34. 00 which he sold during said base period selling price for all sales to ultimate con Fresh grapes______14.00 sumers during said base period, his Fresh peaches, clingstone, including to retailers in the same or the nearest weighted average actual cost of ingredi clingstone nectarines______:_____ 7.00 price line* for sales to retailers. In cal ents, packaging materials and direct Fresh peaches, freestone, including culating his margins hereunder by the labor (as above defined) during said freestone nectarines______15.00 use of his weighted average actual sell Fresh pears______15.00 ing prices, the producer must distinguish base period for all such sales. If the Fresh plums______2.00 prices which are f. o. b. producer’s plant producer did not sell the same commod Fresh prunes______13. 00 ity during such base period, he shall and delivered prices. He may not aver ascertain his mark up by taking the Per pound age f. o. b. prices and delivered prices Pecans______:___;_J______0.35 together. If he had both, he shall aver margin computed as hereinbefore pro Walnuts, black______0.12 age each separately and thus arrive at vided on the nearest comparable com Walnuts, California__ j______0.25 separate margins and ultimately by fol modity which he did sell during such Cashews______0.22 lowing paragraph (d) hereof, at a sepa base period. If he did not sell the same Fresh berries, except strawberries____ 0.03 rate maximum price f. o. b. producer’s or any such comparable commodity dur Fresh strawberries, actual cost at the ing such base period he shall take the time of calculation not exceeding,___ 0.08 plant and a maximum price delivered mark up determined in like manner for respectively. If he had only an f. o. b. (b) Direct labor costs. To the cost of the same or the nearest comparable com producer’s plant selling price, his maxi modity sold to ultimate consumers dur ingredients and packaging materials, as mum price ultimately arrived at under ascertained under the preceding para ing such base period by his closest com graph, the producer shall add the “direct paragraph (d) hereof will be f. o. b. pro petitive producer operating under the labor cost” per unit of the commodity to ducer’s plant; and to determine a maxi most nearly comparable conditions. If be priced determined by his actual costs mum delivered price therefrom, he may: he cannot ascertain his mark up under thereof but no higher than his highest (i) as to each subsequent transaction, the foregoing provisions he shall take as “March 1942, wage rates.” “Direct labor add the actual delivery cost thereto; or his mark up his margin computed in like No. 28----- 5 1810 FEDERAL REGISTER, Wednesday, February 10, 1943 manner on a commodity having the (c) If the producer cannot determine regulation by changes in package or unit nearest cost and which he sold to ulti his maximum price for sales to whole net weight in the following manner: He mate consumers during said base period salers and routesellers under the fore shall divide the maximum price per unit in the same or the nearest price line to going provisions of this section, he shall of the commodity as determined under ultimate consumers. take and adopt the maximum price for this regulation into his selling price per (c) The producer shall add together sales to wholesalers and routesellers of unit of the commodity prevailing imme his present cost of ingredients, packaging the same or most comparable commodity diately before the effective date of this materials and direct labor as determined sold by his closest competitive producer regulation, and then multiply the exist under paragraph (a) of this section and operating under the most nearly coqa- ing package or unit net weight of the his dollar and cents margin or mark up parable conditions. commodity by the percentage so deter as determined under paragraph (b) of § 1351.1906 Maximum prices of mined. The resulting figure shall be the this section, and the resulting figure shall wholesalers and routesellers. (a) The new package or unit net weight for sales be his maximum price for the producing maximum price of every wholesaler for under this regulation at the selling price plant in question per unit of the com sales of a commodity listed in Appendix per unit of the commodity prevailing modity for Sales to ultimate consumers, A hereof to retailers shall be his pro immediately' before the effective date of to which he may add no additional de ducer’s maximum price for sales of this this regulation and said selling price livery charges. commodity to retailers, or if none, the shall be his maximum price hereunder. (d) Wherever a producer sold only to maximum price of the closest competitor § 1351.1909 Exempt sales. Sales or ultimate consumers during said base of said wholesaler for sales of the same deliveries of any commodity listed in period and he finds that his records are or most comparable commodity to re Appendix A to the War Department or insufficient during said base period pre tailers. the Department of the Navy of the scribed to determine his maximum prices (b) The maximum price of every United States shall be exempt from this for direct sales to ultimate consumers, wholesaler for sales bf a commodity listed regulation and the General Maximum he may at his option, take the month in Appendix A hereof to other whole Price Regulation but sales or deliveries of . March 1942, as the base period in salers or to routesellers, shall be the pro of any such commodity to post ex place of said otherwise prescribed base ducer’s maximum price for sales of this change shall be and remain subject to period r commodity to wholesalers or routesellers this regulation. ' § 1351.1904 Maximum prices of re respectively, or if none, the maximum § 1351.1910 (a) Time within which tailers for sales to ultimate consumers. price of the closest competitor of said maximum prices must be calculated and The maximum, price for every retailer wholesaler for salés of the same or most reported. Every person subject to this for sales of a commodity listed in Ap comparable commodity to wholesalers or regulation shall calculate and report his pendix A hereof to ultimate consumers routesellers. maximum prices in writing to the Office shall be the figure resulting from mul (c) The maximum price of every of Price Administration within 60 days tiplying the maximum price of his pro routeseller for sales of a commodity listed after the effective date of this regulation. ducer for sales to retailers by 125 per in Appendix A hereof to ultimate con At any time after any such person has cent. If the figure resulting contains a sumers shall be his producer’s maximum calculated or reported his maximum fraction which is more than one-half price for sales of this commodity to ulti prices under this regulation, he may not cent, the retailer shall adjust it to the mate consumers or if none, the maxi sell these commodities at a price higher next higher cent, or if less than one-half mum price of the closest competitor of than the price reported or calculated cent, to the next lower cent. said routeseller for sales of the same or although he may sell at a lower price. § 1351.1905 Maximum prices of pro most comparable commodity to ultimate Maximum prices for sales to ultimate ducers for sales to wholesalers and route- consumers. consumers shall be reported to the State sellers. (a) If the producer has deter (d) The maximum price of every or district office of the Office of Price mined his maximum price for sales of a routeseller for sales of a commodity Administration. Wholesalers, route- commodity listed in Appendix A of this listed in Appendix A hereof to retailers sellers or retailers whose suppliers of regulation under § 1351.1902 hereof, he shall be his producer’s maximum price these commodities have not reported shall determine his maximum prices for for sales to retailers, or if none, the maxi their maximum prices as required herein sales of that commodity to wholesalers mum price of the closest competitor of within two weeks before the last day and routesellers by deducting 20% from said routeseller for sales of the same or required or until after the time has ex his maximum prices for sales to retailers, most comparable commodity to retailers. pired for so doing, may report their f. o. b. producer’s plant, and the figure (e) The maximum price of every prices within two weeks after the prices resulting shall be his maximum f. o. b. routeseller for sales of a commodity listed have been reported by their suppliers. price for sales to wholesalers and route- in Appendix A hereof to wholesalers or CbX Recalculation of maximum prices sellers to which he may add the actual to other routesellers shall be his pro periodically. During the months of costs of delivery if any, and sc arrive at ducer’s maximum price for sales to April and October of each year after the a maximum delivered price for sales to wholesalers or routesellers respectively, effective date of this regulation begin wholesalers and routesellers; or he may or if mone, the maximum price of the ning with October, 1943, every person determine his maximum delivered price closest competitor of said routeseller for subject to this regulation shall recalcu for sales to wholesalers and routesellers sales of the same or most comparable late his maximum prices on all com by deducting 20% from his maximum commodity to wholesalers or routesellers. modities listed in Appendix A of this delivered price for sales to retailers, to § 1351.1907 Producers’ wrappers must regulation pursuant to the provisions which he may add no further delivery show retail price. Wherever a producer of this regulation on the basis of his costs. sells a commodity listed in Appendix A then existing ingredient and packaging (b) If the producer has not deter hereof in a wrapper or package he shall costs, but using the previous direct la mined his maximum price for sales to calculate the maximum price of the re bor costs and mark up and-report these retailers under § 1351.1902 hereof, and tailer for sales to ultimate consumers in new maximum prices in writing to the has determined his maximum price for accordance with § 1351.1904, and he shall Office of Price Administration. At any sales to ultimate consumers under print it on the face of said wrapper or time after he has calculated or reported § 1351.1903 hereof, he shall determine his package inserting it in the following his new maximum prices under this reg maximum price for sales to wholesalers statement: ulation, he may not sell these commodi ties at a price higher than the price re and routesellers by deducting 25% from Retailer’s ceiling price — — . his maximum price for sales to ultimate ported or calculated although he may consumers, and the resulting figure shall § 1351.1908 Package or unit net sell at a lower price. be his maximum price f. o. b. producer’s weight changes. Where it is the cus (c) Maximum prices reported under plant for sales to wholesalers and route- tomary practice of a producer of a com this regulation cannot be changed with sellers to which he may add the actual modity listed in Appendix A of this regu out consent. Maximum prices calculated costs of delivery, if any, and so arrive at lation to reflect cost changes by package and reported to the Office of Price Ad a maximum price delivered for sales to or unit net weight changes, he may re ministration under this regulation, may wholesalers and routesellers. flect the price changes prescribed by this not be changed except by the written FEDERAL REGISTER, Wednesday, February 10, 1943 1811 permission of the Office of Price Admin This price was arrived at by multiplying a commodity listed in Appendix A for re istration which will be given solely in the producer’s maximum price for sales of sale or distribution to their customers or this commodity to retailers by 125 percent. cases of excusable clerical error or other The Office of Price Administration requires inmates, except that any of the forego mistake. you to keep this information for public ex ing retailers who sell these commodities amination. for consumption on the premises shall § 1351.1911 Limiting applicability of not be required to establish maximum the General Maximum Price Regulation.2 § 1351.1914 Evasion. The provisions prices under this regulation for those After any person subject to this regula of this regulation shall not be evaded commodities so sold to be consumed on tion has calculated or • eported his maxi whether by direct or indirect methods in the premises. mum prices under this regulation on any connection with any offer, solicitation, commodity covered hereby the provi (5) “Routeseller” means any person, agreement, sale, delivery, purchase, or group of persons, firm or corporation, sions of the General Maximum Price receipt of any commodity covered by this other than a retailer, purchasing a com Regulation shall have no further appli regulation alone or in conjunction with modity listed in Appendix A for resale cation to sales or deliveries by him any other commodity or by way of com from a vehicle operated by him over a thereof. Sixty days after the effective mission, service, transportation or other date of this regulation, the provisions of regular route. charge, or discount, premium or other (6) “Shipping” as included in direct the General Maximum Price Regulation privilege or by tying-in-agreement or labor means costs and wages involved in shall not apply to sales or deliveries by other trade understanding or otherwise. producers, wholesalers and routesellers the payment of shipping clerks who of any of the commodities covered by § 1351.1915 Export sales. The maxi pack, wrap and load the commodities for this regulation, or by retailers thereof. mum prices at which any person subject the purpose of preparing for delivery. to this regulation may export any com (7) All commodities listed in Appen § 1351.1912 Prohibition against deal modity covered by this regulation shall dix A are those known to the trade as ing in the commodities covered by this be determined in accordance with the such; Provided, That any commodity so regulation by producers above maximum provisions of the Revised Export Regula included herein which is now or here prices determined hereunder. Sixty tion issued by the Office of Price Admin after covered by another regulation shall days after the effective date of this regu istration. be and remain subject to such other reg lation, regardless of any contract or ulation. other obligation, no producer,, whole § 1351.1916 Protests and petitions for saler, retailer or routeseller shall sell, amendments. Any person seeking a pro § 1351.1919 Effective date. This Maxi deliver or offer to sell any bakery com test or an amendment of any provisions mum Price Regulation No. 319 modity listed in Appendix A of this regu of this regulation may file a protest or (§ 1351.1901 to 1351.1920, inclusive) shall lation unless he has calculated and re petition for amendment in accordance become effective on February 13,1943. ported his maximum prices thereon as with the provisions of Revised Procedural §1351.1920 Appendix A: Commodities provided in this regulation, nor shall Regulation No. 1 issued by the Office of covered by this regulation. Price Administration. any person sell, deliver or offer to sell Commodity: Base period any such commodity at any time there § 1351.1917 Enforcement, (a) Any Cakes other than cookies____March 1942. after at a price higher than the maxi person violating any provision of this reg Pastries______March 1942. mum price permitted by this regulation; ulation shall be subject to the criminal Doughnuts______March 1942. nor shall any person buy or receive any penalties, civil enforcement actions, and Sweet yeast raised goods_____ March 1942. such commodity from a producer, suits for treble damages provided for by Pies_September 14th, to October 11, 1941. wholesaler, retailer or routeseller at any the Emergency Price Control Act of 1942, (Pub. Laws 421 and 729, 77th Cong.; time at a price higher than the price as amended. E.O. 9250, 7 F.R. 7871) permitted by this regulation. (b) Persons who have evidence of any § 1351.1913 Notice of retailer’s ceiling violation of this regulation or of any price Issued this 8th day of February 1943. price. Where any unpackaged item of schedule, regulation or order issued by P rentiss M. Brown, any commodity under this regulation is the Office of Price Administration, or of Administrator. any acts or practices which constitute sold by a producer, wholesaler or route- [F. R. Doc. 43-2069; Filed, February 8, 1943; seller to a retailer for the first time after such a violation are urged to communi 2:54 p. m.] the maximum price for it has been estab cate with the nearest district, State or lished or recalculated under this regula regional office of the Office of Price Ad ministration or its principal office in tion, or in the case of a producer selling P art 1381—-Softwood Lumber a unit of the commodity to any of the Washington, D. C. foregoing classification or persons for the § 1351.1918 Definitions, (a) When [MPR 26,’ Amendment 11] first time after the maximum price for used in this regulation the term: DOUGLAS FIR AND OTHER WEST COAST it has been established or recalculated (1) “Producer” means any person, LUMBER under this regulation, the seller shall group of persons, firm or corporation who notify his purchaser in writing before or operates a producing plant at which he A statement of the considerations in at the time of delivery of the retailer’s bakes, manufactures, produces or proc volved in the issuance of this amend ceiling price for the commodity, which esses a commodity listed in Appendix A. ment has been issued simultaneously shall be forwarded to the retailer selling (2) “Wholesaler” means any person, herewith and has been filed with the the commodity. When the retailer re group of persons, firm or corporation Division of the Federal Register.* ceives this notice he shall keep it and purchasing a commodity listed in Appen Section 1381.62 has been amended by make it available upon request for public dix A from a producer thereof for resale adding paragraph (m) as set forth be examination. This notice shall contain to any person other than an ultimate low: the retailer’s ceiling price for the com consumer. § 1381.62 Appendix A: Maximum modity arrived at by multiplying the (3) “A comparable commodity” means prices for Douglas Fir and other West producers maximum price for sales a commodity of equal weight and quan Coast Lumber where shipment origi thereof to retailers by 125 percent and tity, having substantially the same cost, nates at a mill. * * * shall read as follows: and made from the same basic type of (m) The maximum f. o. b. mill prices dough. In the case of pies, the com for shipments originating jn Alaska shall Notice of retailer’s ceiling price. The Of parable commodity must have the same be the maximum f. o. b. mill prices set fice of Price Administration has established kind of filler. a new ceiling price for retailers for sales by forth in this Appendix for domestically them of (insert name of commodity) at (in (4) “Retailer” means any person, produced lumber plus an amount equal sert retailer’s ceiling price for this com group of persons, firm or corporation to the Maritime Commission’s published modity) . other than a routeseller purchasing a freight rate from Seattle, Washington, commodity listed in Appendix A for re to the mill’s shipping point, including *7 F.R. 3153, 3330, 3666, 3990, 3991, 4339, sale to ultimate consumers. It includes surcharges, War Risk Insurance and the 4467, 4659, 4738, 5027, 5192, 5276, 5365, 5445, restaurants, cafes, cafeterias, hotels and 5484, 5565, 5775, 5783, 5784, 6007, 6058, 6081, all other eating places purchasing a com ♦Copies may be obtained from the Office of 6216, 6615, 6794, 6939, 7093, 7322, 7454, 7758, modity listed in Appendix A for resale or Price Administration. 7913, 8431, 8881, 8942, 9004, 9435, 9615, 9616, distribution to their customers and all \7 F.R. 4573, 5180, 5360, 6168, 6388, 6424, 9732, 10155, 10454; 8 F.R. 371, 1204. institutions, public or private, purchasing 7285, 7942, 8384, 8877, 8948; 8 F.R. 138. 1812 FEDERAL REGISTER, Wednesday, February 10, 1943 published Seattle Wharfage and Han For the reasons set forth in an opinion (b) The maximum prices enumerated dling rate for comparable lumber. The issued simultaneously herewith, It is or herein shall be subject to discounts, maximum delivered prices for shipments dered: terms and allowances no less favorable originating in Alaska shall be the above § 1499.1321 Adjustment of maximum to the purchaser than those offered dur maximum price plus the transportation prices for contract carrier services sold ing March 1942 by Chatham Manufac charges permitted in § 1381.62 (d). by John F. Noble, doing business as the turing Company on sales of its all wool § 1381.61a Effective dates of amend- Noble Transit Company, South St. Paul, blankets. TTZCTltS• * * * Minnesota, (a) John F. Noble, doing (c) The maximum prices authorized (k) Amendment No. 11 (§1381.62 (m)) business as The Noble Transit Company, by this order shall be subject to adjust to Maximum Price Regulation No. 26 316 Maulden Street, South St. Paul, Min ment at any time by the Office of Price shall become effective February 15, 1943. nesota, may sell and deliver contract Administration. carrier services in connection with the (d) This order may be amended or re (Pub. Laws 421 and 729, 77th Cong.; E.O. transportation of general commodities voked by ¡.he Office of Price Administra 9250, 7 F.R. 7871) between points located in Minnesota, tion at any time. -Issued this 9th day of February 1943. Wisconsin, Illinois, North Dakota, and (e) This order shall become effective February 3. 1943. P rentiss M. Brown, Iowa, at prices not to exceed 1% above Administrator. his highest March, 1942 rates as printed (Pub. Laws 421 and 729. 77th Cong,; in his Minimum Rate Schedule, MF-ICC E.O. 9250, 17 F.R. 7871) [F. R. Doc. 43-2072; Filed, February 8, 1943; No. 22. 2:55 p. m.] - (b) All requests of the application not Issued this 8th day of February 1943. granted herein are denied. P rentiss M. B rown, P art 1392—Plastics (c) This Order No. 21 may be revoked Administrator. [MFR 263,1 Amendment 2] or amended by the Price Administrator [F. R. Doc, 43-2071; Filed, February 8, 1943; NEW PHONOGRAPH RECORDS AND RECORD at any time. 2:54 p. m.] SCRAP (d) This Order No. 21 (§ 1499.1321) is hereby incorporated as a section of Sup A statement of the considerations in plementary Regulation No. 14, which Part 1499—Commodities and Services volved in the issuance of this amend contains modifications of maximum ment- is issued simultaneously herewith prices established by §1499.2. [Order 270 Under § 1499.3 (b) of GMPR] and filed with the Division of the Fed (e) This Order No. 21 (§1499.1321) CEROPHYL LABORATORIES, INC. eral Register.* shall become effective February 9, 1943. Section 1392.57 (b) (2) is amended to For the reasons set forth in an opinion read as follows: (Pub. Laws No. 421 and 729, 77th Cong.; issued simultaneously herewith and filed E.O. 9250, 7 F.R. 7871) with the Division of the Federal Register, § 1392.57 Posting of maximum prices It is ordered: for records and allowances for Issued this 8th day of February 1943. scrap. * * * Prentiss M. B rown, § 1499.1706 Authorization of maxi (b) Every manufacturer of. records Administrator. mum prices for sales of “Grass Tips,” a product made from dehydrated cereal covered by this Maximum Price Regula [F. R. Doc. 43-2074; Filed, February 8, 1943; tion No. 263 shall make available to deal 2:56 p. m.] grasses fortified with additional vitamins ers selling such records: packed in 1 y2 pound packages for sales * * * * * by Cerophyl Laboratories Inc., Kansas (2) Envelopes, albums or containers Part 1499—Commodities and Services City, Missouri, by wholesalers and re for records or sets of records made by [Order 276 Under § 1499.3 (b) of GMPR] tailers. (a) On and after February 9, such manufacturer, bearing a legible CHATHAM MANUFACTURING COMPANY 1943, the maximum selling prices deliv statement showing the maximum prices ered to purchasers’ stations for “Grass established by this Maximum Price. Reg Chatham Manufacturing Company of Tips” for sale by Cerophyl Laboratories, ulation No. 263, for records or sets of Elkin, North Carolina, made application Inc., Kansas City, Missouri, shall be: records made by such manufacturer. under § 1499.3 (b) of the General Maxi Cents per The requirements of this subparagraph mum Price Regulation for approval of 1 y2 pound (2) shall be put into effect with respect maximum prices for mohair warp package to each size or type of envelope, album blankets. Due consideration has been For sales made to wholesalers______48 or container, upon exhaustion of each given to the application and an opinion For sales made to retailers______60 manufacturers’ supply thereof on hand in support of this order has been issued For sales made to consumers______72 on the effective date of this regulation. simultaneously herewith and has been Sales made to wholesalers and retailers filed with the Division of^ the Federal § 1392.62a Effective dates of amend- Register. For the reasons' set forth in shall be subject to a discount of 2 percent 77l67ltS. * * * the opinion, under the authority vested for prompt payment. (b) Amendment No. 2 (§ 1392.57 (b) in the Price Administrator by the Emer (b) Sellers at wholesale are authorized (2)) to Maximum Price Regulation No. gency Price Control Act of 1942, as a maximum delivered selling price of 60 263 shall become effective on the 13th cents per IY2 pound package of “Grass day of February 1943. amended, and in accordance with Re Tips.” vised Procedural Regulation No. 1, issued (c) Sellers at retail who purchase.this (Pub. Laws 421 and 729, 77th Cong.; E.O. by the Office of Price Administration, product directly from the manufacturer 9250, 7 F.R. 7871) It is ordered: are authorized a maximum selling price Issued this 8th day of Februray 1943. § 1499.1712 Approval of maximum of 72 cents per IY2 pound package of P rentiss M. B rown, prices for sales of blankets by Chatham “Grass Tips”. Administrator. Manufacturing Company, (a) On and Sellers at retail who purchase this [F. R. Doc. 43-2073; Filed, February 8, 1943; after February 8, 1943, the maximum product from wholesalers are authorized 2:55 p. m.] prices at which Chatham Manufacturing a maximum selling price of 90 cents per Company of Elkin, North Carolina, may 1 Yz pound package of “Grass Tips.” sell, deliver and offer for sale the fol (d) Cerophyl Laboratories, Inc., and P art 1499—Commodities and Services lowing blankets shall be: sellers at wholesale shall not change the [Order 21 Under Supp. Reg. 15 of GMPR] (1) No. 215-A, 72” x 84” , ZYz pound, customary allowances, discounts, and/or NOBLE TRANSIT COMPANY single woven, composed of 25% warp trade practices in the sale of “Grass 2/15’s mohair worsted yarn, balance Tips” which they customarily apply to Order No. 21, under § 1499.75 (a) (3) woolen filling yarn, $1.725 per pound comparable commodities of this type un of Supplementary Regulation No. 15 of less a change in these customary allow the General Maximum Price Regula finished. (2) No. 216-A, 72” x 90” , 4Yj pound, ances, discounts and/or trade practices tion-Docket No. GF3-1117. double woven, composed of 36% warp results in lower selling prices. * Copies may be obtained from the Office 2/15’s mohair worsted yarn, balance (e) On and after February 9, 1943, of Price Administration. woolen filling yarn, $2.25 per pound Cerophyl Laboratories, Inc., shall sup 17 F it. 9191; 8 FJR. 165. finished. ply to each of its purchasers who resell FEDERAL REGISTER, Wednesday, February 10, 1943 1813 at wholesale or retail, before or at the cedural Regulation No. 1, issued by the Section 1372.101 (c) is amended to time of the first delivery of “Grass Ups? Office of Price Administration, It is or read as follows: to such purchasers, a written notification dered : § 1372.101 Applicability of this Max for each type of purchaser and, for a § 1499.1707 Approval of a maximum imum Price Regulation No. 210. * * * period of three months thereafter, shall price for sales by the Alco Leather Man (c) Purpose of this regulation. This include with each shipping case unit of ufacturing Company, 583 Market Street, regulation establishes maximum prices “Grass Tips” a written notification to San Francisco, California of its 2 inch for the particular fall and winter sea retailers. The written notifications, for garrison belt with gold plated buckle. sonal commodities which are listed in each type of purchaser, shall include the (a) On and after February 9, 1943, Appendix A (§ 1372.112),. On and after following appropriate statements : the maximum price at which the Alco August 31, 1942, regardless of any con Notification *rom Cerophyl Laboratories, Inc. Leather Manufacturing Company, 583 tract or other obligation, no person is to Wholesalers Market Street, San Francisco, Califor permitted to sell any of the list of com nia, may sell, deliver and offer for sale modities, at wholesale or at retail, at The OPA has authorized us to charge the its inch leather garrison belt with gold a price higher than the maximum price following price for “Grass Tips”—48 cents 2 per iy2 pound package subject to a discount plated buckle shall be $11.09 per dozen. permitted by this regulation. However, of 2% for prompt payment. Sellers at (b) The maximum price authorized by this regulation permits any person who wholesale are authorized a maximum selling this order shall be subject to discounts, determined the maximum price of a listed pricé of 60 cents per iy2 pound package of allowances and terms no less favorable commodity under the General Maximum “Grass Tips”. Sellers at retail who purchase than those in effect during March 1942 Price Regulation and offered it for sale this product from wholesalers are authorized for sales by Alco Leather Manufacturing at that price before August 31 to sell a maximum selling price of 90 cents per iya Company of its 1% inch garrison belt it prior to September 16, 1942, either at pound package. Sellers at retail who pur with brass plated buckle. that price or at a price determined un chase this product directly from the manu facturer are authorized a maximum selling (c) The maximum price authorized der this regulation. Furthermore, max price of 72 cents per 1V2 pound package. A by paragraph (a) of this Order No. 271 imum prices for wholesale and retail copy of the notification to retailer is included shall be subject to adjustment at any sales of commodities covered by this in every shipping unit of this item. If your time by the Office of Price Administra regulation may be set by orders which initial sale of this item is less than a ship tion. are issued 'under regulations covering ping unit, wholesalers are required to pro (d) This Order No. 271 may be manufacturers’ sales of the commodities vide such retailers with a copy of the retail amended or revoked by the Office of and which specifically extend to whole notification so enclosed. OPA requires that Price Administration at any time. sale and retail sales. No person is per you keep this notice for examination. (e) This Order No. 271 shall become mitted to buy or receive any of these Notification from Cerophyl Laboratories, Inc. effective February 9, 1943. commodities in the course of trade or to Retailers (Pub. Law s'421 and 729, 77th Cong.; business at prices higher than the max Retailers who purchase “Grass Tips” from E.O. 9250, 7F.R. 7871) imum price. wholesalers are authorized a maximum sell § 1372.111a Effective dates of amend- ing price of 90 cents per iy2 pound package. Issued this 8th day of February 1943. merits * * * Retailers who purchase “Grass Tips” directly Prentiss M. B rown, (i) Amendment No. 9 (§ 1372.101 (c) ) from the manufacturer, (Cerophyl Labora Administrator. tories, Inc.) are authorized a maximum sell of Maximum Price Regulation No. 210 ing price of 72 cents per iy2 pound package. [F. R. Doc. 43-2080; Filed, February 8, 1943; shall become effective February 15, 1943. OPA requires that you keep this notice for 4: 36 p. m.] (Pub. Laws 421 and 729, 77th Cong.; examination. E.O. 9250, 7 F.R. 7871) Part 1394—R ationing of Fuel and Fuel (f) This Order No. 270 may be revoked Issued this 9th day of February 1943. or amended by the Price Administrator Products P rentiss M. B rown, at any time. [Ration Order 5C, Amendment 18] Administrator. (g) This Order No. 270 (§ 1499.1706) MILEAGE RATIONING: GASOLINE REGULATIONS shall become effective as of February 9, [F. R. Doc. 43-2100; Filed, February 9, 1943; 1943. Correction 11:24 a. m.} (Pub. Laws 421 and 729, 77th Dong.; The reference to Ration Order No. 50 E.O. 9250, 7«F.R. 7871) in § 1394.8206a (c) of the document ap Part 1412—Solvents pearing on page 1283 of the issue for [MPR 170,1 Amendment 3] Issued this 8th day of February 1943. Friday, January 29, 1943, should read Prentiss M. Brown, “Ration Order No. 5C.” ANTI-FREEZE Administrator. A statement of the considerations in [P. R. Doc. 43-2070; Filed, February 8, 1943; Part 1499— Commodities and S ervices volved in file issuance of this amendment 2:56 p. m.] is issued simultaneously herewith, and [Order 178 Under § 1499.18 (b) of GMPR] has been filed with the Division of the Part 1499—Commodities and Services GENERAL WINE CO. Federal Register.* Correction The proviso in paragraph (g) of [Order 271 Under § 1499.3 (b) of GMPR] 1 1412.13 is amended to read as set forth ALCO LEATHER MANUFACTURING CO. Paragraph (b) of the document ap below: pearing on page 1386 of the issue for Alco Leather Manufacturing Company, § 1412.13 Appendix A: Maximum Tuesday, February 2,. 1943, should read prices for anti-freeze. * * * 583 Market Street, San Francisco, Cali as follows: fornia, made application under § 1499.3 (g) Standard strength anti-freeze, “(b) This Order No. 178 (§ 1499.1079) Type C. * * * (b) of the General Maximum Price Reg shall become effective February 1, 1943.” ulation for approval of a maximum price Provided, That until and including for a 2 inch garrison belt with gold plated March 15, 1943, any seller of Type C buckle. Due consideration has been Part 1372—Seasonal Commodities anti-freeze other than a manufacturer given to the application and it appears [MPR 210 \ Amendment 9] or retailer, who prior to February 1, 1943 that the new belt cannot be priced by the RETAIL AND WHOLESALE PRICES FOR FALL AND had purchased Type C dnti-freeze and seller under § 1499.2 of the General Max WINTER SEASONAL COMMODITIES had it in his possession or in the cus imum Price Regulation. For the rea A statement of considerations involved tody of a carrier or warehouse other sons set forth in an opinion in support in the issuance of this amendment is than a carrier or warehouse owned or of this order, which has been issued issued simultaneously herewith and filed controlled by the person from whom such simultaneously herewith and has been with the Division of the Federal Regis anti-freeze was acquired, may sell such filed with the Division of the Federal ter.* anti-freeze at a price not to exceed the Register and under the authority vested maximum price established in this sec in the Price Administrator by the Emer •Copies may be obtained from the Office tion or at his cost of acquisition, which gency Price Control Act of 1942, as of Price Administration. ever is higher, And provided further, amended, and Executive Order No. 9250 17 F.R. 6789, 7318, 7173, 7912, 8651, 8930, and in accordance with Revised Pro 8937, 8948, 9614, 10109; 8 F.R. 973. 17 F.R 4763, 5717, 8948, 1232. 1814 FEDERAL REGISTER, Wednesday, February 10, 1943 That until and including March 45, 1943, § 1499.73 Modification of maximum from which it is made, viz, fruit, berries, any retailer may sell Type C anti-freeze prices established by § 1499.2 of the Gen grapes grown in the State of California, at a price not to exceed the maximum eral Maximum Price Regulation for cer or grapes grown elsewhere in the United price established in this section or at his tain commodities, services and transac States/ etc.; (2) the alcoholic content, cost of acquisition plus $.25 per gallon, tions. (a) The maximum prices estab viz, table wine, dessert wine, unfortified whichever is higher. lished by § 1499.2 of the General Maxi wine, fortified wine, etc.; (3) the charac * * * * * mum Price Regulation for the com ter of the processing used in its produc This amendment shall become effec modities, services, and transactions tion, viz, natural sparkling, artificial tive as of February 1, 1943. listed below are modified as hereinafter carbonation, etc.; (4) the type of wine provided: within such classification, viz, sherry, (Pub. Laws 421 and 729, 77th Cong.; * * * • * champagne, American Scuppernong, E.O. 9250, 7 F.R. 7871) (63) Unfinished wines—(i) Maximum muscatel, etc. Issued this 9th day of February 1943. prices for unfinished wines; all sellers. (iv) Applicability. The provisions of Prentiss M. Brown, A seller’s maximum price for a particular this subparagraph (63) shall be appli Administrator. kind and type of unfinished wine shall cable to the United States and the Dis be: [P. R. Doc. 43-2101; Filed, February 9, 1943; (a) The maximum price established trict of Columbia. 11:24 a. m.] for such seller under §§ 1499.73 (a) (40) I * * * * (b) Effective dates. * * * Part 1499—Commodities and Services or 1499.73 (a) (61) for wine of the same kind and type sold in a finished condi (106) Amendment No. 105 (§ 1499.73 [Amendment 52 to Supp. Reg. 1 to GMPR2] tion to a purchaser of the same class; (a) (63)) to Supplementary Regulation UNFINISHED GRAPE WINE No. 14 shall be effective as of February (b) If a seller’s maximum price for a 15, 1943. A statement of the considerations in particular kind and type of unfinished volved in the issuance of this amendment (Pub. Laws 421 and 729, 77th Cong;; E.O. wine cannot be determined under (a), 9250, 7 F.R. 7871) has been, issued simultaneously herewith his maximum price therefor shall be and filed with the Division of the Federal that established under §§ 1499.73 (a) Issued this 9th day of February 1943. Register.* (40) or 1499.73 (a) (61) by a seller of Prentiss M. Brown, Subparagraph (3) of paragraph (a) the same class for the most closely com Administrator. of § 1499.26 is revoked. parable kind and type of unfinished wine (e) Effective dates. * * * [F. R. Doc. 43-210S; Filed, February 9, 1943; sold to a purchaser of the same class. 11:24 a. m.] (53) Amendment No. 52 (§ 1499.26 (a) (c) A seller’s customary differentials (38) ) shall become effective February 15, charged in March 1942 for bulk unfin 1943. ished wine in barrels or other containers Part 1499—Commodities and- Services (Pub. Laws 421 and 729, 77th Cong. E.O. larger than 41/2 gallons capacity but [Supp. Reg. 14,1 Amendment 106] 9250, 7 F.R. 7871) less than a carload lot may be charged for the same container size after Feb MODIFICATION OF MAXIMUM PRICES FOR Issued this 9th day oi February 1943. ruary 14, 1943* CERTAIN COMMODITIES, SERVICES AND Prentiss M. Brown, (ii) Notice to be given to purchasers. TRANSACTIONS Administrator. On and after February 15, 1943 every A statement of considerations in [F. R. Doc. 43-2102; Filed, February 9, 1943; seller of unfinished wine shall place upon volved in the issuance of this amendment 11:24 a. m.] the invoice, or upon the other evidence of has been issued simultaneously herewith sale of unfinished wine delivered by him and filed with the Division of the Federal Part 1499—Commodities and Services to any purchaser a signed statement as Register.* ■'■■■■ " [Amendment 105 to Supp. Reg. 14 s follows > A new subparagraph (64) is added to to GMPR2] The price for the unfinished wine covered § 1499.73 (a), as set forth below: by this invoice (or evidence of sale) does not UNFINISHED WINES exceed our ceiling price for unfinished wine § 1499.73 Modification of maximum, A statement of the considerations in established under OPA regulation, Amend prices established by § 1499.2 of Gen ment No. 105 to Supplementary Regulation eral Maximum Price Regulation for volved in the issuance of this amend No. 14 to the General Maximum Price Regu certain commodities, services and trans ment has been issued simultaneously lation. actions. (a) The maximum prices es herewith and filed with the Division of (Signed) ------tablished by § 1499.2 of the General Max the Federal Register.* (Seller) imum Price Regulation for the commodi A new subparagraph (63) is added to Only one such statement need-be given ties, services and transactions listed paragraph (a) of § 1499.73 as set forth by a seller for any particular sale of un below are modified as hereinafter pro- below. finished wine. vided: •Copies may be obtained from the Office (iii) Definitions, (a) “Wine” means * * * * * of Price Administration. that commodity as defined in Article II (64) Sales covered by orders issued 17 F.R. 3158, 3488, 3892, 4183 , 4410, 4428, of Regulation No. 4 (as amended to under regulations covering manti/ac- 4487, 4488, 4493, 4669, 5086, 5192, 5276, 5366, March 1, 1939) relating to the Labeling turers’ sales. Maximum prices 5484’, 5607, 5717, 5942, 6082, 6473, 6685, 7011,- and Advertising of Wine and issued by wholesale and retail sales covered/ oy 7250, 7317, 7598, 7604, 7739, 8021, 8336, 8652, the Federal Alcohol Administration. the General Maximum Price Regulation 8798, 8810, 8930, 8833, 9082, 9131, 9616, 9622, (b) “Unfinished wine” means wine may be set by orders issued under reg - 9975, 9976, 10022, 10718, 10557, 11118, 8 F.R. which in the usual course of wine pro 130, 265, 927, 1454. lations covering manufacturers sales, 27 F.R. 3153, 3330, 3666, 3990, 3991, 4339, duction, will receive further finishing the commodities. 4487, 4659, 4738, 5027, 5276, 5192, 5365, 5445, treatment before it is sold for consump (b) Effective dates. * * ,,140073 5565, 5484, 5775, 5784, 5783, 6058, 6081, 6007, tion. (107) Amendment No. 106 (U ; 6216, 6615, 6939, 6794, 7093, 7322, 7454, 7758, (c) “Finished condition” with refer 7913 8431, 8881, 9004, 8942, 9435, 9615, 9616, ence to wine means wine which, in the 9732, 10155, 10454, 8 F.R. 371, 1204, 1317. usual course of wine production, will not 17 F.R. 5486, 5709, 6008, 5911, 6271, 63^ 3 7 FU. 5486, 5709, 6008, 5911, 6271, 6369, -receive further finishing treatment be 6477, 6473, 6774, 6775, 6793, 6887, 6892, 6 ^ 6477, 6473, 6774, 6775, 6793, 6887, 6892, 6776, fore it is sold for consumption. 6939, 7011, 7012, 6965, 7250, 7289, 7203, 6939, 7011, 7012, 6965, 7250, 7289, 7203, 7365, (d) “Finishing treatment” means ad 7401, 7453 , 7400, 7510, 7536, 7604, 7538, 7 ^ 7401, 7453 7400, 7510, 7536, 7604, 7538, 7511, 7535, 7739, 7610, 7812, 7914, 7946, 0237, 7535, 7739, 7671, 7812, 7914, 7946, 8237, 8024, ditional cellar treatment customarily 8199, 8351, 8358, 8524, 8652, 8707, 88 - ^ 8199, 8351, 8358, 8524, 8652, 8707, 8881, 8899, used to change unfinished wine to wine 9082, 8950, 9131, 8953, 8954, 8955, 8959, ^ 9082, 8950, 9131, 8953, 8954, 8955, 8959 , 9043, in a finished condition, including but not 9196, 9397, 9391, 9495, 9496> 10231, 9196, 9397, 9391, 9495, 9496, 10381, 9639, 9786, limited to filtering, fining, aging, or the 9900, 9901, 1Ö069, 10111, 10022 10151. ^ 9900, 9901, 10069, 10111, 10022, 10151, 10231, addition of acidulents or sweetening, but 10294, 10346, 10381, 10480, 10583, 105 , ^ 10294, 10346, 10381, 10480, 10583, 10537, 10705, not including blending or fortification. 10557, 10583, 10865, 11005; 8 F R 276, « ^ 10557, 10583, 10865, 11005; F.R. 276, 439, 535, (e) “Kind and type” with reference to 494, 589, 863, 1139, 1590, 980,J L030’,60’ 1633, 494, 589, 863 , 980, 1030, 876, 878, 1139, 1590, wine refers to the customary trade clas 878, 1142, 1279, 1383, 1589, 1455, 14 * 1121, 1142, 1279, 1383, 1589, 1455, 1460, 1633, 1467. 1467. sification of wine as to (I) the material FEDERAL REGISTER, Wednesday, February 10, 1943 1815 No. 14 shall become effective February delivery of -petroleum by or to any per ers or owner’s agents of vessels operated 15, 1943. son or persons. Where such a direction or operating under Warshiptime as here (Pub. Laws 421 and 729, 77th Cong.; is issued, it shall take precedence over inabove defined. E.O. 9250, 7 F.R. 7871) the provisions of any petroleum admin (c) The word “charterer” shall be istrative order, petroleum distribution deemed to mean the United States of Issued this 9th day of February 1943. order, or petroleum directive and over America, acting by and through the War P rentiss M. B rown, the provisions of any contract to which Shipping Administration or United Administrator. any person to whom the direction is is States Maritime Commission. [F. R. Doc. 43-2104; Piled, February 9, 1943; sued may be a party. (d) The word “agent” shall be deemed 11:26 a. m.] (d) Violations. Any person who wilto mean the agent of the charterer. fully violates any provision of this reg ulation or any provision of any direction § 302.77 Provisions of Warshiptime Part 1499—Commodities and S ervices issued pursuant to this regulation, or under which time is lost by the chart [MPR 188,1 Amendment 6] who, by any act or omission, falsifies erer but hire may continue, be suspended or reduced to one-half, (a) Full hire MANUFACTURERS’ MAXIMUM PRICES FOR SPEC- , records kept or information furnished in connection with this regulation dr any continues to run, although time is lost IFIED BUILDING MATERIALS AND CONSUMERS’ direction issued pursuant to this regula by the charterer, under circumstances GOODS OTHER THAN APPAREL tion is guilty of a crime and upon convic within the following clauses of Part II A statement of considerations involved tion' may be punished by fine or of Warshiptime (§ 302.50); in the issuance of this amendment has imprisonment. (1) The happening of any event listed been issued simultaneously herewith and Any person who wilfully violates any in Clause 4 (a) caused by the fault of filed with the Division of the Federal provision of this regulation or any pro the charterer or caused or contributed Register.* vision of any direction issued pursuant to by war or warlike acts as more fully A new sentence is added in paragraph to this regulation may be prohibited described in Clause 4 (i) ; (a) of § 1499.158, as set forth below: from delivering or receiving any material (2) Time lost (when the vessel needs § 1499.158 Fourth pricing method; under priority control, or such other repairs necessary to her working) due specific authorization tty the Office of action may be taken as is deemed appro to circumstances described in Clause 4 Price Administration—(a) Maximum priate. (b) (ii); prices. * * * (E.O. 9276, 7 F.R. 10091; E.O. 9125, 7 F.R. (3) Time lost in the installation or repair (for charterer’s account) of equip Such authorization will be given in the 2719; sec. 2 (a), Pub. Law 671,76th Cong., as amended by Pub. Laws 89 and 507, ment or defensive armament as described form of an order prescribing a method 77th Cong.) in Clause 11, subject, however, to regula of determining the maximum price for tions issued pursuant to Article 2 (d) of the applicant or for sellers of the com Issued this 8th day of February 1943. General Order 8 (Revised) (§ 302.13 modity generally, including purchasers m R. K. D avies, (d)); and for resale, or for a class of such sellers. * Acting Petroleum Administrator (4) Time lost because of the unavail § 1499.165a Effective dates of amend for War. ability of drydock as prescribed in ments. * * * [F. R. Doc. 43-2061; Filed, February 8, 1943; Clause 12. (e) Amendment No. 5 to Maximum 1: 41 p. m.] (b) Hire is reduced to one-half, when Price Regulation No. 188 (§ 1499.158 (a)) time is lost by the charterer, under cir shall be effective February 15, 1943. cumstances within the following Clauses (Pub. Laws 421 and 729, 77th Cong.; E.O. TITLE 46—SHIPPING of Part II of Warshiptime (§ 302.50); 9250, 7 F.R. 7871) (1) Time lost from circumstances de Chapter IV—War Shipping Administration scribed in paragraphs (a) and (b) of Issued this 9th day of February, 1943. [General Order 8, Revised, Supp. 8, Revised] Clause 4; Provided, however, That the P rentiss M. B rown, Part 302—Contracts With Vessel Ow n events described in said paragraph (a) Administrator. ers and R ates of Compensation Relat are not caused by the charterer or caused [F. R. Doc. 43-2105; Filed, February 9, 1943; ing Thereto or contributed to by war or warlike acts 11:24 a. m.] as described in Clause 4 (i); Supplement 8 (§§ 302.76 to 302.87 in (2) Time lost in excess of 48 hours in clusive) to General Order 8 (Revised) any two-month period in the cleaning of Chapter XIII—Petroleum Administration (§§ 302.12 to 302.16 inclusive) is revised boilers and overhauling of machinery as for War to read: “Prescribing regulations for de prescribed in the last paragraph of termining time lost by the United States Clause 4; and Part 1575—Petroleum Industry of America under Time Charters exe (3) Time lost in the event of a dis [Petroleum Regulation 1] cuted by and through the War Shipping abled winch or winches or insufficient Administration or the United States power to operate winches as prescribed § 1575.1 Petroleum Regulation No. 1— Martime Commission” and “Prescribing in Clause 17. (a) Purpose. In order to promote the regulations for determining compensa (c) Hire is suspended under circum national defense and to provide adequate tion 'payable to owners and chartered supplies of petroleum for military and stances within the following Clauses of owners of vessels time chartered to the Part II of Warshiptime (§ 302.50); other essential uses, it is necessary that United States Maritime Commission or (1) Time lost in remedying defects oirections be issued to persons engaged War Shipping Administration, for time n the petroleum industry with respect in the vessel’s condition upon delivery lost in partially or entirely arming, de as described in Part I of Warshiptime the delivery or receipt of petroleum by gaussing, or demagnetizing, prior to de or to any person engaged in the petro (§ 302.50) and in Clause 1; leum industry. livery of such vessels to the Government.” (2) Time lost in dry docking, cleaning am?- ' 1 (1) '“Person” means § 302.76 Definitions, (a) The word and painting the bottom of the vessel as hiJi«ndlvildua^ Partnership, association, “Warshiptime” when used herein refers described in Clause 12; tai e?s trust, corporation, governmen- to the form of time charter approved by (3) Time lost in remedying defects eamv^POration or agency;; or any or- the Administration under its General Or caused by the owner’s failure to main pnrn^ed4.gi oup of Persons, whether in der No. 11 (§ 302.50) ; however, the reg tain the condition of the vessel as pre corporated or not. ulations promulgated herein shall also scribed in Clause, 1; means petroleum as be applicable, in so far as they may be eS edr!n Ex.ecutive Order No. 9276. relevant, to all other forms of time char (4) Time lost from damage to the ves minktratrectj ons‘ The Petroleum Ad- ters executed by the United States of sel resulting in its constructive total loss time kfn°r for .I^ar may from time to America, acting by and through the War (damage in excess of 50% of the value forhiHH^6 spe?iflc directions requiring, Shipping Administration or its predeces of the vessel) as prescribed in Clause 3. lng or otherwise providing for the sor, the United States Maritime Com (5) Time lost due to any act of neglect, mission. fault, omission to act, breach of contract, *“”*1 ü o m ° * (b) The words “owner” or “owners” or breach of any order of the charterer, S the when referred to herein shall be deemed 7 P R. 5872, 7967, 8943, 10155; 8 F .R. 537, by the owner pursuant to the provisions to include the owners or chartered-own of Warshiptime. (§ 302.50) 1816 FEDERAL REGISTER, Wednesday, February 10, 1943 § 302.78 Savings required to be cred § 302.79 Concurrent “off-hire” situa or assuming the expenses which are ordi- ited to the charterer during periods in tions. When time is lost by the chart narily borne by the charterer (in the ap which full hire continues, and expenses erer from events or series of events plicable circumstances described in to be borne by the owner when hire is which, under the provisions of the fore § 302.77 hereinabove), the proper officers suspended, or is reduced to one-half going regulations, would require the of the charterer are authorized to sus (a) During periods in which full hire ac simultaneous suspension, reduction or pend payments of hire in an amount crues under circumstances described in continuation of hire (excluding, how equaling, in the estimate of the char § 302.77 (a) hereinabove, the provisions ever, defensing and repairs thereto as terer, the time lost by the charterer plus of Warshiptime (§.302.50) provide that one of the events), the charterer will any savings which should have been credit shall be given the charterer for adjust such instances as follows: (1) effected by the owners for the benefit of savings effected by owners with respect Determine the number of days and/or the charterer, and any expenses which to those expenses set forth in Clause 6, hours during which such events were should have been borne by the owner in and a corresponding deduction therefor concurrent; (2) add the hire applicable the applicable cases which are normally shall be made from charter hire. to the tWo or more events; and (3) divide for the account of the charterer. (b) (1) Under the provisions of War the sum thereof by the number of such shiptime, the cost of fuel and water con events, the quotient thereof being the § 302.81 Applicability of regulations. hire payable during such period to the The regulations published hereunder sumed shall be borne by the owner during shall be applicable, to the extent permis all periods in which hire is reduced; owners. However, if the same rate pf hire is applicable to two or more of such sible under the particular charter, to all (2) If, during the period that hire is re time charters executed with owners by duced under the provisions of Warship events, they shall be considered as one event. the charterer from July, 1941. In the time, the vessel shall be required to put event that an “off-hire” situation occurs into any port or place other than that to Exampie: A. Assume that the following which is not covered by regulations pro which the vessel is bound, the cost of work is performed concurrently : mulgated hereunder, such situation shall fuel and water consumed, as well as all (a) Repairs listed in Clause 4 (a)., of War shiptime, caused or contributed to by a war be settled on the basis of the law appli port charges, pilotages, and other ex like act (for which 100% hire is payable), cable under the provisions of the charter, penses for the charterer’s account incur time consumed three days; red during such period, shall be borne (b) Repairs listed in the same Clause 4 (a) § 302.82 Off -hire certificate. The by the owner. of Warshiptime, which are not the result form of off-hire certificate to be used (3) The last sentence of Clause 12 of of a warlike act (for which 50% hire is pay in connection with the foregoing regula Part.II of Warshiptime provides that all able), time consumed two days; tions shall be furnished, in triplicate, in towage, pilotage, and other expenses in (c) Cleaning boilers in excess of two days the following form: cidental to the drydocking, and all port as provided in Clause 4 (for which 50% hire is payable), time consumed one day; War Sh ippin g Administration, charges incurred and fuel and water con (d) Cleaning and painting the bottom of Charters and Agencies Section, sumed (to the extent such fresh water is the ship as provided in Clause 12 of War Division of Operations, to be provided or paid for by the chart shiptime (for which no hire is payable), time Washington, D. C. erer) while hire is suspended as provided consumed one day; and , Gen t lem en : This is to advise that, to the in this clause, shall be for the owner’s (e) Defensing not to be considered as a best of our knowledge and belief, we hereby account. concurrent event, time consumed four days. certify that the following events took place with respect to the SS/MS______j______CALCULATION under time charter to the United States of America (Contract N o.______) ; First day Second day Third day Fourth day ( 1) - ...... - ...... Days consumed Percent Percent Percent Percent hire Events . hire Events hire Events hire Events (2) The time lost by the vessel, as a result (a) 3 ______100 1 100 1 100 1 of the above occurrence, w a s______days, (b) 2...... } E0 1 50 , ^ 1 (0 1...... _____ hours (for major fractions of an (dl 1 ...... 0 1 hour a full hour shall be added, and for (e) 4...... 100 minor fractions of an hour such fraction 150 3 150 2 100 1 100 shall be deducted, to bring the total to even 50 75 100 100 hours). (continue) (3) Hire should (be reduced to one-half) Items (b) and (c) have been treated as one event for the first day inasmuch as they both take the same rate of hire. Item (e) is not taken into the calculation as long as other work is being performed concurrently. (be suspended) during the period specified in (2) above for § 302.80 Preparation of “off-hire” cer by the charterer but which are because the following reasons; tificate. (a) For each event_within the of such suspension or reduction, borne provisions of § 302.77 hereinabove, the by the owner. (4) During the period specified in (2) owner shall execute, and the charterer’s (iii) Such savings effected or such above, the following deductions should be Agent shall countersign (whether or not expenses borne by the owner, if any, made from accrued hire because of savings the owner and agent are the same), in should be deducted from the hire ac effected by us or because the charges were triplicate a certificate (hereinafter re cruing to the owner under subparagraph assumed by us during such period. ferred to as “off-hire certificate”) setting (5) The §um total of hire to be suspended (4) above. or reduced to one-half plus the savings speci forth the following information: (6) Such certificate of off-hire should fied in (4) above totals $______which (1) The cause or causes which pro then be mailed to the Manager, Charters should lie deducted from monthly hire se duced such ocqurrence; and Agencies Section, Division of Oper curing under the above-mentioned time (2) The relevant extracts from the en ations, War Shipping Administration, charter party agreement. gine, deck or port logs, whichever may Washington, D. C. not later than 30 days be pertinent; after knowledge by the owner of the (Signature of Owner) (3) The time lost by the vessel (com occurrence except that for occurrences (Signature of Charterer’s puted in days and hours) as a result prior to the effective date of this order, Agent) of such occurrence; such certificate shall be mailed immedi ately.- Note; If the facts recited in subparagraph (4) Statement whether hire should (1) set forth time lost by the vessel in a continue be reduced to one-half, or be (b) Every owner shall be required to repair yard, the written concurrence of the suspended during the time specified in exercise due diligence to effect savings local District Manager of Maintenance and subparagraph (3) above; during periods in which the vessel re Repairs of the charterer should be obtained (5) (i) If hire is to continue a state mains on hire as more fully described in as to the statement of time lost in making ment should be made of the savings ef § 302.78. the various types of repairs, including de fected by the owner. (c) For repeated failure by owners to fensing time. (ii) If hire is suspended or reduced a furnish voluntarily the certificates of off- § 302.83 Determination of and pay statement should be made of the ex hire required hereunder, or for failure to ment for time lost resulting from defens penses which would otherwise be borne exercise due diligence in effecting savings ing, for which the owner has not been FEDERAR REGISTER, Wednesday, February 10, 1943 1817 previously compensated, prior to the de Administration, Washington, D. C. (if Order granting application filed pur livery of the vessel to the administration there is no district auditor or port audi suant to § 301.132 of the Rules of Practice under form of charter tendered pursuant tor in the home port of the owner), and and Procedure before the Division for to General Order 8 (Revised) and sup shall be prepared to read substantially disposition hereof without formal hear plements thereto (§ 302.12 et sect.). as follows: ing and Cease and Desist Order. Owners shall be compensated for time Compensation for time lost in defensing A complaint, dated July 8, 1942, pur lost by them resulting from defensing of SS ______:______prior to delivery to suant to the provisions of sections 4 n vessels subsequently delivered to the the Government, for which compensation has (j) and 5 (b) df the Bituminous Coal Act Government under atime charter not heretofore been received, calculated at of 1937 (the “Act”) having been duly the applicable time charter rate prescribed in filed on July 11, 1942, with the Bitumi tendered pursuant to said General Order General Order 8 (Revised), and supplements nous Coal Division (the “Division”) by 8 (Revised) as set forth below: thereto (§§ 302.12 to 302.75 incl.), and in the the Bituminous Coal Producers Board for The Administration shall reimburse owners manner prescribed in Supplement 8 (Revised) for time lost by them in partially or entirely thereto (§302.76), subject to adjustment to District No. 4, a district board (the “Com arming or degaussing in instances where de conform with the provisions of the said gen plainant”), alleging that John H. Ridg livery of the vessel was effected prior to the eral order and the applicable time charter. way, doing business under the name and effective date of the charter tendered pur Payment by the War Shipping Administration style of Ridgway Coal Company (the suant to General Order 8 (Revised) at the ap of all, or any part of the amounts claimed “Code Member”) , operating the Buckeye plicable rate of hire set forth in such charter, herein shall not be construed as an approval Mine (Mine index No. 1803) and the except that no hire shall be paid for time of the correctness of the amounts stated to Ridgway Mine (Mine Index No. 1804), consumed by such owners in making repairs be due the owner, nor as a waiver of any of to the vessel of a nature which would have, the rights or remedies of the War Shipping both located in Tuscarawas County, Ohio, but for the defensing, prevented the vessel Administration under the terms of the ap District No. 4, willfully violated the provi from working in whole or in part and which plicable time charter agreement or otherwise. sions of the Act, the Bituminous Coal were performed during the period of such Code (the “Code”), and rules and regu arming and degaussing. § 302.84 Disputes. In the event of a lations promulgated thereunder, as more dispute between the owner and the War fully set forth in the complaint; and (a) Owners shall prepare public Shipping Administration as to the vouchers in the usual form which shall The complaint herein and the Notice amount of time consumed in performing of and Order for Hearing, issued July 24, be supported by a statement, or state defensing, owner’s repairs, etc., the de ments, reflecting: 1942, having been duly served on the cision of the Administrator, War Ship code member on July 30, 1942; and the (1) Date and time vessel was made ping Administration, shall be final and available upon receipt of the order for hearing noticed for September 22, 1942, defensing, and date and time vessel was binding. having been postponed to September 28, E. S. Land, 1942, by order issued September 10,1942; again ready for service aftér completion Administrator. of defensing; and (2) Total time consumed in (1) above F ebruary 6, 1943. A hearing having been held, and a rec computed in days and hours; [P. R. Doc. 43-2089; Piled, February 8, 1943; ord made, at the Post Office Building, (3) Deduction for full time consumed 5:23 p. m.] Canton, Ohio, on September 28,1942, and in making owners’ repairs of a nature code member and its counsel having which would have, but for the defensing, failed to appear at such hearing due to prevented the vessel from working in Notices a misunderstanding on their part as to whole or in part and which were per the time and date of the postponed hear formed during the period of such DEPARTMENT OF THE INTERIOR. ing; and defensing; The code member having, by reason (4) Value of net time lost in defens Bituminous Coal Division. of said misunderstanding and failure to ing, calculated at the applicable charter [Docket No. R-266] appear at the hearing, been given special hire rate, or pro rata part thereof, pre E. D. Rafferty permission by the Director on October scribed in General Order 8 (Revised) or 20, 1942, to file within seven (7) days supplements thereto (§§ 302.12 to 302.75 ORDER RESCHEDULING HEARING AND from the date thereof an application incl.) ; REDESIGNATING TRIAL EXAMINER under § 301.132 of the Rules of Practice (5) Deductions from thé value of the The hearing in the above-entitled mat and Procedure for consideration in the net time lost, referred to in subpara ter having been postponed by an order same manner as though the hearing had graph (4) above, the following, if issued herein dated July 22, 1942, to a not been held, and the code member hav applicable: time and place to be thereafter desig ing filed such application on October 27, (i) Credit shall be given the charterer nated by an appropriate order; and 1942; and for savings effected by owners, during The Director deeming it advisable that Notice, dated November 24,1942, of the periods in which full hire has accrued, said hearing should now be rescheduled; filing of said application having been with respect to expenses set forth in Now, therefore, it is ordered, That the published in the Federal R egister on No § 302.78 (a) ; and hearing in the above-entitled matter vember 25, 1942, pursuant to said (ii) During periods in which hire is shall be held on March 9,1943, at 10 a. m. § 301.132 of the rules, and copies of said reduced or suspended, the cost of fuel at a hearing room of the Bituminous Coal notice having been duly mailed to in and water, if for the charterer's account, Division at Daviess Circuit Court, Owens terested parties, including the com shall be borne by the owner. boro, Kentucky; and plainant herein; and (6) Net amount claimed for time lost It is further ordered, That Charles O. Said notice of filing having provided resulting from defensing; and Fowler shall preside at said hearing vice that interested parties desiring to do so, In no event shall the owner receive Edward J. Hayes; and might, within fifteen (15) flays from the compensation in an amount in excess of date of said notice, file recommendations It is further ordered. That the Notice or requests for informal conferences in the value of the time representing the of and Order for Hearing issued June loss of the use of the vessel to the owner. 20, 1942, shall, in all other respects, re respect to said application, and it ap In addition to the above statements^ pearing that no such recommendations main in full force and effect. or requests have been filed with the Di there shall be required a statement, in ' Dated: February , 1943. duplicate, from the yard which per 6 vision; and formed such defensing setting forth the [seal] Dan H. Wheeler, It appearing ‘from said application time consumed in such defensing and re Director. that the code member admits wilfully pairs, such statement to bear the written [P. R. Doc. 43-2091; Filed, February 9, 1943; committing those violations alleged in approval of the Administration’s local 11:16 a. m.] the complaint herein in so far as they District Manager of Maintenance and relate to failing and refusing to file with Repairs. [Docket No. B-292] the Statistical Bureau for District No. 4, a report of all sales made during the (b) Public vouchers (Form 1034, re Ridgway Coal Co. vised) shall bé prepared for each vessel period January 1, 1941, to and including and shall be submitted in quintruplicate ORDER GRANTING APPLICATION, ETC. June 30, 1942, of coals produced at the to the local district auditor or port audi- * In the matter of John H. Ridgway, do Buckeye Mine (Mine Index No. 1803) and tor, or the General Auditor of Opera ing business under the name and style of Ridgway Mine (Mine Index No. 1804) as tions, Division of Finance, War Shipping Ridgway Coal Company, Code Member. required by Orders Nos. 307 and 309, No. 28----- 6 1818 FEDERAL REGISTER, Wednesday, February 10, 1943 promulgated by the Division on Decem Upon the basis of the application, the [Docket No. B-354] ber 11, 1940 and January 14, 1941, re above findings, and the authority vested spectively, pursuant to the authority in the Division as herein above set forth, Homer Michael granted in section 4 II (a) of the Act; It is ordered, That the application filed NOTICE OF AND ORDER FOR HEARING and pursuant to § 301.132 of the Rules of It further appearing that the code Practice and Procedure for disposition A complaint dated December 17, 1942, member, during the perWd January 1941 of this compliance proceeding without pursuant to the provisions of section 4 n to June 1942, both months inclusive, did formal hearing be and the same hereby (j) and 5 (b) of the Bituminous Coal not maintain and keep on file shipping is granted; Act of 1937 (the “Act”), having been records nor file with the Statistical Bu It is further ordered, That pursuant to duly filed on December 22,1942, by Bitu reau for District No. 4, debit or credit section 5 (b) of the Act, John H. Ridg minous Coal Producers Board for Dis memoranda relative to coal produced, at way, doing business under the name and trict No. 1, complainant, with the Bitu said mines and shipped by rail, as re style of Ridgway Coal Company, his minous Coal Division (the “Division”), quired by Orders Nos. 156 and 313, pro agents, servants, employees, attorneys, alleging wilful violation by Homer mulgated on January 18, 1937, and Feb receivers, assigns, and all persons claim Michael, (the “Code Member”), of the ruary 24, 1941, respectively, as alleged ing to act on his behalf or in fns interest Bituminous Coal Code (the “Code”), or rules and regulations thereunder: in the complaint herein for the reason cease“ and desist, and they are hereby It is ordered, That a hearing in re- . that no coal was sold or shipped by rail permanently enjoined and restrained spect to the subject matter of such com during said period; and from further violations of the Act, the plaint be held on March 11, 1943, at 10 It-further appearing in said applica Code, and rules and regulations issued a. m. at a hearing room of the Bitumi tion that the code member consents to thereunder; nous Coal Division at the Community the entry of an order canceling and re It is further ordered, That upon any Room, City Hall, Altoona, Pennsylvania. voking its code membership, or of an failure to comply with this order, the It is further ordered, That Edward J. order directing it to cease and desist Division may apply to any United States Hayes, or any other officer or officers of from further violations of the Act, the Circuit Court of Appeals having juris the Division duly designated for that Code, and regulations thereunder, or to diction for enforcement thereof, or take purpose shall preside at the hearing in the entry of an order revoking its code other appropriate action. such matter. The officer so designated membership and also enjoining and re Dated: February 6, 1943. to preside at such hearing is hereby straining the code member from further {seal! D an H. Wheeler, authorized to conduct said hearing, to violations of the Act, the Code, and rules Director. administer oaths and affirmations, ex and regulations thereunder upon any [F. R. Doc. 43-2092; Filed, February 9, 1943; amine witnesses, to take evidence, and restoration of its code membership; 11:16 a. m.] to continue said hearing from time to Now, therefore, pursuant to the au time, and to such places as he may direct thority vested in the Division by section by announcement at said hearing or 4 II (j) of the Act, authorizing it to [Docket No. B-350] any adjourned hearing or by subsequent .adjust complaints of violations, and to Earl M. R ead notice, and to prepare and submit pro compose the differences of the parties posed findings of fact and conclusions therein, and upon said application filed ORDER RESCHEDULING HEARING and the recommendation of an appro pursuant to § 301.132 of the Rules of The above-entitled matter having priate order in the premises, and to per Practice and Procedure before the Divi been scheduled for hearing at a hear form all other duties in connection sion and upon evidence in the possession ing room of the Bituminous Coal Divi therewith authorized by law. of the Division, it is hereby found that: sion at the Clearfield County Court Notice of such hearing is hereby given (1) John H. Ridgway is an individual house, Clearfield, Pennsylvania, on Jan to said Code Member and to all other doing business under the name and style uary 27, 1943, pursuant to an order of parties herein and to all persons and of Ridgway Coal Company, and is en the Director issued December 19, 1942, entities having an interest in this pro gaged in the business of mining and pro and subsequently postponed by Order ceeding. Any person or entity eligible ducing bituminous coal in Tuscarawas of the Director issued January 23, 1943, under § 301.123 of the Rules and Regu County, Ohio, District No. 4; to a date and hearing room to be there lations Governing Practice and Proce (2) John H. Ridgway, doing business after designated by an appropriate dure Before the Division in Proceedings under the name and style of Ridgway order; Instituted Pursuant to sections 4 II (j) Coal Company, filed with the Division an Said order of December 19, 1942, hav and 5 (b) of the Act, may file a petition acceptance of the Bituminous Coal Code, ing designated Charles O. Fowler or any for intervention not later,than five (5) dated'August 12,1938, and his code mem other officer or officers of the Bituminous days before the date herein set for hear bership was made effective as of Decem Coal Division to preside at the hearing ing on the complaint. ber 15, 1937, and since said date he has in such matter; and Notice is hereby given that answer to been and is now a code member operat It appearing to the Director that the the complaint must be filed with the ing the Buckeye Mine (Mine Index No. place and'date of said hearing should Division at its Washington Office or with 1803) and the Ridgway Mine (Mine Index now be designated. any one of the statistical bureaus of the No. 1804), both located in Tuscarawas Now, therefore, it is ordered, That a Division, within twenty (20) days after County, Ohio, District No. 4; hearing in the above-entitled matter be date of service thereof on the Code Mem (3' John H. Ridgway, doing business held on March 13, 1943, at 10 a. m. at a ber; and that failure to file an answer under the name and style of Ridgway hearing room of the Bituminous Coal within such period, unless otherwise or Coal Company, failed and refused to file Division at the Community Room, City dered, shall be deemed to be an admis with the Statistical Bureau for District Hall, Altoona, Pennsylvania. sion of the allegations of the complaint No. 4, a report of all sales, by truck or It is further ordered, That Edward J . . herein and a consent to the entry of an wagon, during the period January 1,1941, Hayes, vice Charles O. Fowler, or any appropriate order on the basis of the to and including June 30, 1942, of ’coal other duly designated officer or officers, facts alleged. produced at the Buckeye Mine (Mine of the Bituminous Coal Division, shall Notice is also hereby given that if it Index No. 1803) and .the Ridgway Mine preside at the hearing in such matter. shall be determined that the Code Mem (Mine Index No. 1804), as required by It is further ordered, That the notice ber has wilfully committed any one or Orders Nos. 307 and 309 promulgated by of and order for hearing herein dated more of the violations alleged in the the Director of the Bituminous Coal Di December 19, 1942, as amended, shall in complaint, an order may be entered vision on December 11, 1940, and Janu all other respects remain in full force either revoking the membership of the ary 14, 1941, respectively, pursuant to and effect. Code Member in the Code and the Code authority granted in section 4 n (a) of Dated: February 6, 1943. Member’s right to an exemption from the taxes imposed by section 3520 (b) (l'Xof the Act; and said code member, during [seal] D an H. Wheeler, the period January 1, 1941, to and in Director. the Internal Revenue Code, or directing’ cluding June 30, 1942, neither sold nor the Code Member to cease and desist shipped coal for rail movement from the [F. R. Doc. 43-2093; Filed, February 9, 1943;* from violating the Code and regulations Ridgway Mine (Mine Index No. 1804). k 11:16 a. m.] made thereunder. FEDERAL REGISTER, Wednesday, February 10, 1943 1819 All persons are hereby notified that 3. By failing to file with the Statisti duties in connection therewith author the hearing in the above entitled matter cal Bureau for District No. 1, not later ized by law. and orders entered therein may concern, than 5 days after the first day of the Notice of such hearing is hereby given in addition to the matters specifically fifteenth day in each month, duplicate to said Code Member and to all other alleged in the complaint herein, other copies of each sales slip or invoice cov parties herein and to all persons and en matters incidental and related thereto, ering sales of coal produced at said mine tities having an interest in this proceed whether raised by amendment of the by said code member, for shipment by ing. Any person or entity eligible under complaint, petition for intervention, or truck or wagon during the period Octo § 301.123 of the Rules and Regulations otherwise, and all persons are cautioned ber 1, 1940, to December 31, 1940, both Governing Practice and Procedure Be to be guided accordingly. dates inclusive, each of such failures to fore the Division in Proceedings Insti Notice is also hereby given that any so file, constituted a wilful violation of tuted Pursuant to sections 4 n (j) and application, pursuant to § 301.132 of the said Order No. 296, dated September 23, 5 (b) of the Act, may file a petition for Rules of Practice and Procedure before 1940, the Act, the Code, and orders, rules intervention not later than five (5) days the Division for the disposition of this and regulations of the Division, pursu before the date herein set for hearing proceeding without formal hearing, must ant to which said order was promulgated. on the complaint. be filed not later than fifteen (15) days 4. By failing to file with the Statisti Notice is hereby given that answer to after receipt by the Code Member of the cal Bureau for District No. 1, for each the complaint must be filed with the Di complaint herein. month commencing with the period vision at its Washington Office or with The matter concerned herewith is in January 1, 1941, to the date hereof, a any one of the statistical bureaus of the regard to the complaint filed by said report of all sales of coal sold and Division, within twenty (20) days after complainant alleging that Homer Mi shipped from said mine by truck or date of service thereof on the Code Mem chael, a code member, La Jose, Pennsyl wagon, within 5 days after the end of the ber; and that failure to file an answer vania, whose code membership became month, copies of truck tickets, sales within such period, unless otherwise or effective as of July 16,1938, and who op slips, or invoices for each such sales, dered, shall be deemed to be an admis erates the Michael Mine, Mine Index giving all the information required by sion of the allegations of the complaint No. 1763, located in Clearfield County, section III (b) of Order No. 307, or a herein and a consent to the entry of an Pennsylvania, Subdistrict No. 18 of Dis listing of each such sales giving all the appropriate order on the basis of the trict No. 1, has wilfully violated the Act, information required by section III (b) facts alleged. the Code promulgated thereunder, and of Order No. 307 (on B. C. D. No. 468) , Notice is also hereby given that if it orders, rules and regulations of the Di each of such failures to so file, consti shall be determined that the Code Mem vision as follows: tuted a wilful violation of said Order ber has wilfully committed any one or 1. By selling and delivering, by truck, No. 308, dated January 14, 1941, the Act, more of the violations alleged in the subsequent to September 30, 1940, coal the Code and orders, rules and regula complaint, an order may be entered produced at the aforesaid mine, at prices tions of the Division, pursuant to which either revoking the membership of the below the effective minimum prices es said order was promulgated. Code Member in the Code and the Code tablished for said coal, plus the trans Dated: February 6, 1M3. Member’s right to an exemption from portation charges, handling charges, or [seal] Dan H. Wheeler, the taxes imposed by section 3520 (b) incidental charges from the transporta Director. , (1) of the Internal Revenue Code, or di tion facilities at the mine to the point recting the Code Member to cease and at which all such charges were assumed [F. R. Doc. 43-2094; Filed, February 9, 1943; desist from violating the Code and regu and directly paid by the purchasers, in 11:16 a. m.] lations made thereunder. cluding the following transactions: All persons are hereby notified that The sale and delivery during the period the hearing in the above entitled matter from January 31, 1942, to February 23, [Docket No. B-358] and orders entered therein may con 1942, both dates inclusive, of approxi R eed Coal Mining Company cern, in addition to the matters specif mately 33.6 net tons of run of mine coal, ically alleged in the complaint herein, Size Group 3, to various purchasers, at NOTICE OF AND ORDER FOR HEARING other matters incidental and related $2.25 per net ton f. o. b. destination, A complaint dated December 29, 1942, thereto, whether raised by amendment whereas the effective minimum f. o. b. pursuant to the provisions of section 4 of the complaint, petition for interven mine price of said coal, as set forth in II (j) and 5 (b) of the Bituminous Coal tion, or otherwise, and all persons are the Schedule of Effective Minimum Act of 1937 (the “Act”) , having been duly cautioned to be guided accordingly. Prices for District No. 1 for Truck Ship filed on December 31, 1942, by Bitumi Notice is also hereby given that any ment (the “Schedule”) , was $2.25 per ton nous Coal Producers Board for District application, pursuant to § 301.132 of the plus an amount at least as nearly as prac No. 1, complainant, with the Bituminous Rules of Practice and Procedure before ticable to the transportation charges, Coal Division (the “Division”), alleging the Division for the disppsition of this handling charges, or incidental charges wilful violation by Reed Coal Mining proceeding without formal hearing, must from the transportation facilities at the Company, (the “Code Member”), of the be filed not later than fifteen (15) days mine to the points at which all such Bituminous Coal Code (the “Code”) , or after receipt by the Code Member of the charges were assumed and directly paid rules and regulations thereunder; complaint herein. by the purchasers, as required by Price It is ordered, That a hearing in respect The matter concerned herewith is in Instruction No. 6 as amended and con to the subject matter of such complaint regard to the complaint filed by said tained in Supplement No. 1 to said Sched be held on March 15j 1943, at 10 a. m. complainant alleging that said Reed Coal ule, each of which transactions resulted at a hearing room of the Bituminous Mining Company, a corporation, 1015 in a wilful violation of section 4 II (e) Coal Division at the Community Room, U. S. National Bank Building, Johns and (g) of the Act and Part n (e) and City Hall, Altoona, Pennsylvania. town, Pennsylvania, whose code mem (g) of the Code. It is further ordered, That Edward J. bership became effective as of June 21, 2. By selling subsequent to September Hayes, or any other officer or officers of 1937, operator of the Reed No. 1 Mine, 30, 1940, below the effective minimum the Division duly designated for that Mine Index No. 416, located in Subdis price established therefor, coal produced purpose shall preside at the hearing in trict 24 of District No. 1, Cambria County, at his aforesaid mine including: such matter. The officer so designated Pennsylvania, has wilfully violated the Approximately 107 net tons of run of to preside at such hearing is hereby au Act, the Code, and orders, rules and mine coal, Size Group 3, sold during the thorized to conduct said hearing, to ad regulations of the Division as set forth period January 1,1942, to March 7,1942, minister oaths and affirmations, examine below. both dates inclusive, to various purchas witnesses, to take evidence, and to con By allowing or paying directly or in ers at prices ranging from $1.50 to $2.00 tinue said hearing from time to time, directly sales agency commissions, pur f. o. b. said mine, whereas the effective and to such places as he may direct by suant to sales agency contracts entered minimum price for said coal as set forth announcement at said hearing or any into after August 8, 1940, appointing the in said Schedule, was $2.25 per net ton adjourned hearing or by subsequent no sales agents indicated below, on sales f. o. b. the mine, each of which said trans tice, and to prepare and submit proposed of coal produced at its said mine and sold actions resulted in a wilful violation of findings of fact and conclusions and the through said sales agents and delivered section 4 Part II (e) of the Act and Part recommendation of an appropriate order to various purchasers after January 1, TC (e) of the Code. in the premises, and to perform all other 1941, in the following transactions: 1820 FEDERAL REGISTER, Wednesday, February 10, 1943 suant to a sales agency contract entered Date of sales Commis Allow Sales agents Agency con Period of sales Sales by sions al able com into on or about October 1, 1940, ap tracts (1941) tons lowed missions pointing R. G. Strand, trading under the name and style of Thermal Coal Eastern Coal & Coke C o ...... Oct. 18,1940 Jan. 2 to Sept. 16 8,917.25 $1,528.19 $1,072.10 Sales Company, Johnstown, Pennsyl Louis Gulotta & Co., Inc______Apr. 30,1941 Aug. 8 to Sept. 23 422.30 87.49 50.67 vania (“Thermal”), formerly a regis Cortright Coal Co______Sept. 30,1940 Jan. 4 to 17 504.00 3,379.88 2,105,78 A. K. Althouse & Co—______July 26, 1941 Dec. 29 to March 6 45.75 12.59 5 .« tered distributor, as sales agent for said code member, on sales of approximately 19,549.55 net tons'of coal produced at said commissions as allowed or paid, parties herein and to all persons and his mine and sold through said sales directly or indirectly, were in excess of entities having an interest in this pro agent and delivered by rail to various the maximum discounts which*said sales ceeding. Any person or entity eligible purchasers, during the period Janu agents could have received if they had under § 301.123 of the Rules and Regu ary 9,1941 to March 31, 1942 which com purchased said coal as distributors un lations Governing Practice and Pro missions as allowed or paid, directly or der the schedule of due and reasonable cedure Before the Division in Proceed indirectly, were $1,458.56 in excess of maximum discounts for distributors es ings Instituted Pursuant to sections the maximum discounts which said sales tablished pursuant to section 4 II (h) of 4 H (j) and 5 (b) of the Act, may file a agent could have received if it had pur the Act and such commissions so allowed petition for intervention not later than chased said coal as a distributor under and paid, directly or indirectly, resulted five (5) days before the date herein set the schedule of due and reasonable max in violations of Rule 13 (A) of section H for hearing on the complaint. imum discounts for distributors estab of the Marketing Rules and Regulations Notice is hereby given that answer to lished pursuant to section 4 II (h) of by said code member by reason of the the complaint must be filed with the the Act, and that such commissions so fact that no applications pursuant to Division at its Washington Office or with allowed and paid directly or indirectly, said rule were filed with the Division for any one of the statistical bureaus of the resulted in a violation of Rule 13 (A) permission to allow and pay said com Division, within twenty (20) days after of section II of the Marketing Rules and missions. date of service thereof on the Code Mem Regulations by - said code member by Dated: February 6, 1943. ber; and that failure to file an answer reason of the fact that no application [seal] Dan H. Wheeler, within such period, unless otherwise or pursuant to said rule was filed with the Director. dered, shall be deemed to be an admis Division for permission to allow and pay sion of the allegations of the complaint said commissions. [F. R. Doc. 43-2095; Filed, February 9, 1943; herein and a consent to the entry of an 2. By allowing or paying directly or 11:17 a. m.] appropriate order on the basis of the indirectly sales agency commissions in facts alleged. the aggregate amount of $8.16, pursuant Notice is also hereby given that if it to the sales agency contract referred to [Docket No. B-3591 shall be determined that the Code Mem in (1) hereof, on approximately 54.2 net ber has wilfully committed any one or. tons of 2" nut and slack coal produced at Press Coal Co. more of the violations 'alleged in the said mine and sold through Thermal and NOTICE OF AND ORDER FOR HEARING complaint, an order may be entered delivered by rail to Valley Camp Coal In the matter of Steve Pysz doing busi either revoking the membership of the Company, Baltimore, Maryland, Reg ness under the name and style of Press Code Member in the Code and the Code istered Distributor, Registration No. 9204, Coal Company, Code Member. Member’s right to an exemption from on or about October 4, 1940, which com A complaint dated December 29, 1942 the taxes imposed by section 3520 (b) (1) mission as allowed or paid, directly or pursuant to the provisions of section 4 of the Internal Revenue Code, or direct indirectly was $2.34 in excess of the maxi II (j) and 5 (b) of the Bituminous Coal ing the Code Member to cease and desist mum discount which Thermal could have Act of 1937 (the “Act”) , having been duly from violating the Code and regulations received if it had purchased said coal filed on December 31,1942 by Bituminous made thereunder. as a distributor under the schedule of Coal Producers Board for District No. 1, All persons are hereby notified that the due and reasonable maximum discounts complainant, with the Bituminous Coal hearing in the above entitled matter and for distributors established pursuant to Division (the “Division”), alleging wilful orders entered therein may concern, in section 4 H (h) of the Act, and that such violation by Steve Pysz doing business as addition to the matters specifically al-. commission so allowed or paid directly Press Coal Company, (the “Code Mem leged in the complaint herein, other mat or indirectly, resulted in violations of ber”) , of the Bituminous Coal Code (the ters incidental and related thereto, Rule 13 (A) of section II of the Mar “Code”), or rules and regulations there whether raised by amendment of the keting Rules and Regulations by said code under: complaint, petition for intervention, or member by reason of the fact that no It is ordered, That a hearing in respect otherwise, and all persons are cautioned application pursuant to said rule was to the subject matter of such complaint to be guided accordingly. filed with the Division for permission to be held on March 17,1943, at 10 a. m. at Notice is also hereby given that any allow and pay said commission. a hearing room of the Bituminous Coal application, pursuant to § 301.132 of the 3. By selling, for rail sh ip m e n t, Division at the Community Room, City Rules of Practice and Procedure before through Thermal, subsequent to Septem Hall, Altoona, Pennsylvania. the Division for the disposition of this ber 30, 1940, to Valley Camp Coal Com It is further ordered, That Edward J. proceeding without formal hearing, pany, Baltimore,. Maryland, Registered Hayes, or any other officer or officers of must be filed not later than fifteen (15) Distributor, Registration No. 9204, coal the Division duly designated for that days after, receipt by the Code Mem produced at the aforesaid mine, below purpose shall preside at the hearing in ber of the complaint herein. the effective minimum price established such matter. The officer so designated The matter concerned herewith is in therefor by the Division, including the to preside at such hearing is hereby regard to the complaint filed by said sale of 54.2 net tons of 2" nut and slack authorized to conduct said hearing, to complainant alleging that said Steve coal on or about October 4, 1940 at $2.15 administer oaths and affirmations, ex Pysz doing business under the name and per net ton f. o. b. said mine, whereas amine witnesses, to take evidence, and to style of Press Coal Company, a code the size of said coal fell within a size continue said hearing from time to time, member, R. F. D., Barnesboro, Pennsyl group or classification for which no price and to such places as he may direct by vania, whose code membership became was listed for said mine in the Schedule announcement at said hearing or any effective^as of October 15,1938, and who of Effective Minimum Prices for District adjourned hearing or by subsequent operates* the Thermal #7 Mine, Mine No. 1 for All Shipments Except Truck, notice, and to prepare and submit pro Index No. 598, located in Cambria and, therefore, pursuant to said Sched posed findings of fact and conclusions County, Pennsylvania, in District No. 1, ule, said coal should have been sold at and the recommendation of an appropri has wilfully violated the Act, the Code, not less than $2.25 per net ton f. o. b. ate order in the premises, and to perform orders, rules and regulations of the Di said mine, the applicable minimum price all other duties in connection therewith vision as set forth below.' established for the next largest size, to authorized by law. 1. By allowing or paying directly or wit, Size Group No. 3, for which a price Notice of such hearing is hereby given indirectly, sales agency commissions in was listed for said mine, therefore said to said Code Member and to all other the aggregate amount of $3,063.96, pur sale and delivery resulted in a violation FEDERAL REGISTER, Wednesday, February 10, 1943 1821 of said section 4 Part II (e) of the Act B lue G rass Coal Co., et al. DEPARTMENT OF LABOR. and Part II (e) of the Code. ORDER REVOKING CERTAIN REGISTRATIONS Wage and Hour Division. Dated: February 6, 1943. In the matter of the revocation of [seal] D an H. W heeler, Learner E mployment Certificates Director. registrations as distributors of Blue Grass Coal Company, (a corporation), ISSUANCE TO VARIOUS INDUSTRIES fF. R. DOC. 43^2096; Filed, February 9, 1943; the M. A. Hanna Coal & Dock Company, .Notice of issuance of special certifi 11:17 a. m.] North Western Fuel Company and Fred cates for the employment of learners eric Parker (Hanson & Parker). under the Fair Labor Standards Act of The registered distributors, whose 1938. names are set forth in Exhibit A, at Notice is hereby given that special [Docket No. C-23] tached hereto and made a part hereof, certificates authorizing the employment having requested revocation of registra Great N orthern R ailway Co. of learners at hourly wages lower than tion, having discontinued or disposed of the minimum wage rate applicable under ORDER POSTPONING HEARING UNTIL FURTHER their distribution business, having been section 6 of the Act are issued under ORDER reorganized under a new name, having section 14 thereof, Part 522 of the Regu In the matter of the application of the been otherwise succeeded in their busi lations issued thereunder (August 16, Great Northern Railway Company for ness or for other reasons being no longer 1940, 5 F. R. 2862, and as amended June exemption pursuant to section 4-A of engaged in business, the registrations 25, 1942, 7 F. R. 4723), and the deter the Bituminous Coal Act of 1937. previously granted to them should be re mination and order or regulation listed An application for a determination of voked and their names withdrawn from below and published in the F ederal the status of the coal produced at the the List of Registered Distributors. R egister as here stated. Giffeh Mine of The Great Northern Rail Accordingly, it is so ordered. Apparel Learner Regulations, September 7, way Company in District itfo. 22 having Dated: February 8,1943. 1940, (5 F.R. 3591) been filed by the above-named applicant [ seal] D an H. W heeler, Single Pants, Shirts and Allied Garments, pursuant to the second paragraph of Director. Women’s Apparel, Sportswear, Rainwear, Exhibit A Robes, and Leather and Sheep-Lined Gar section 4-A of the Bituminous Coal Act of ments Divisions pf the Apparel Industry, 1937; and Registration Number Learner Regulations, July 20, 1942, (7 F.R. A hearing in this matter having been and Name Address 4724) scheduled to be held on February 11, 0863 Blue Grass Coal 3301 Carew Tower, Artificial Flowers and Feathers Learner 1943; and Cov (a corpora- Cincinnati, Ohio, Regulations, October 24, 1940, (5 F.R. 4203) tion). Glove findings and Determination of It appearing appropriate that said 3960 The M. A. Hanna 1240 Baker Bldg., hearing should be postponed until fur February 20, 1940,* as amended by Adminis Coal & Dock Minneapolis, Minn. trative Order of September 20, 1940, (5 F.R. ther order; Co. 3748) Now, therefore, it is ordered, That the 6897 North Western 2196UniversityAve., Hosiery Learner Regulations, September hearing in the above-entitled matter, Fuel Co. St. Paul, Minn. 4, 1940, (5 F.R. 3530). heretofore scheduled to be held on Feb 7150 Frederick Parker 50 Congress St., Independent Telephone Learner Regula ruary 11,1943, be, and it hereby is, post (Hanson & Boston, Mass. tions, September 27, 1940, (5 F.R. 3829). poned until further order. Parker). Knitted Wear Learner Regulations, Octo Dated:, February 6, 1943. ber 10, 1940, (5 F.R. 3982). [F. R. Doc. 43-2099; Filed, February 9, 1943; Millinery Learner Regulations, Custom [seal] D an H. W heeler, 11:17 a. m.] Made and Popular Priced, August 29, 1940, Director. (5 F.R. 3392, 3393). Textile Learner Regulations, May 16, 1941, [F. R. Doc. 43-2097; Filed, February 9, 1943; DEPARTMENT OF AGRICULTURE. (6 F.R. 2446). 11:16 a. m.] Woolen Learner Regulations, October 30, Office of the Secretary. •1940, (5 FE. 4302). Marketing A greements and O rders Notice of Amended Order for the Employ ment of Learners in the Cigar Manufacturing [Docket No. C-24] delegation of Authority Industry, July 20, 1941, (6 F.R. 3753). B. F. G oodrich Co. Order authorizing the Director of Food The employment of learners under Distribution to perform certain functions these certificates is limited to the terms ORDER POSTPONING HEARING UNTIL FURTHER in connection with marketing agree and conditions as to the occupations, ORDER ments and orders. learning periods, minimum wage rates, In the matter of the application of The Pursuant to the authority vested in et cetera, specified in the determination B. F. Goodrich Company for exemption the Secretary of Agriculture of the and order or regulation for the industry pursuant to section 4-A of the Bitumi United States (hereinafter referred to designated above and indicated opposite nous Coal Act of 1937. as the “Secretary”) by Public Act No. the employer’s name. These certificates An application for a determination of 10, 73d Congress, as amended and as re become effective February 8, 1943. The the status of the coal produced at cer enacted and amended by the Agricul certificates may be cancelled in the man tain mines of The B. F Goodrich Com tural Marketing Agreement Act of 1937, ner provided in the regulations and as pany in Tuscarawas County, Ohio, Dis as amended (7 U.S.C. 1940 ed., sec. 601 et indicated in the certificates. Any person trict No. 4, having been filed by the seq.), hereinafter referred to as the aggrieved by the issuance of any of these above-named applicant pursuant to the “act”, the order (7 F.R. 938) executed certificates may seek a review or recon second paragraph of section 4-A of the by the Secretary on February 10, 1942, sideration thereof. Bituminous Coal Act of 1937; and authorizing the Administrator of Agri Name and Address of F irm , I ndustry, P rod A hearing in this matter having been cultural Marketing to perform certain uct, Number of Learners and Expiration scheduled to be held on February 23, functions in connection with marketing Date 1943; and agreements and orders, is hereby amend Single Pants, Shirts and Allied Gar It appearing appropriate that said ed by deleting from said order the words ments, Women’s Apparel, Sportswear, hearing should be postponed until fur “Administrator of Agricultural Market Rainwear, Robes, and Leather and ther order; ing”, wherever such words appear there Sheep-Lined Garments Divisions of Now, therefore, it is ordered, That the in, and inserting, in lieu thereof, the the Apparel Industry hearing in the above-entitled matter, words “Director of Food Distribution”. heretofore scheduled to be held on Feb Done at Washington, D. C., this 8th B & B Manufacturing Company, 26 ruary 23,1943, be, and it hereby is, post day of February 1943. Witness my hand Canfield Street, Orange, New Jersey; poned until further order. and the seal of the United States De Cotton dresses, apron; 5 learners (T ); Dated: February 8, 1943. partment of Agriculture. February 8, 1944. Bair Shirt Factory, Bair, Pennsylva [seal] D an H. W heeler, [seal] Claude R. W ickard, nia; Work shirts; 10 learners (T); Feb Director. Secretary of Agriculture. ruary 8, 1944. [F. R. Doc. 43-2098; Filed, February 9, 1943; [F. R. Doc. 43-2060; Filed, February 8, 1943; The Berkley Company, N. E. Cor. 11th 11: 17 a. m.] 1:35 p. m.] & Washington Ave., Philadelphia, Penn- 1822 FEDERAL REGISTER, Wednesday, February 10, 1943 sylvania; Men’s neckwear, shirts and jackets, sport shirts; 10 learners (T); Under the authority of the Trading pajamas; 5 learners (T); February 8, February 8, 1944. with the Enemy Act, as amended, and 1944. Glove Industry Executive Order No. 9095, as amended, Brownstein-Louis Company, 1228 San and pursuant to law, the undersigned! Julian Street, Los Angeles, California; The Booster Glove Company, 2068-76 after investigation: Shirts, pants and overalls; 10 percent Elston Avenue, Chicago, Illinois; Work (T); February 8, 1944. gloves; 3 learners (T); February 8, 1944. 1. Finding that Aenne Schmich is a citi Fairfield Glove & Mitten Company, zen of Germany whose last known address Carbondale Products Company, Inc., is Ortenaustrasse 7, Mannheim, Germany, 21-23 Dundaff Street, Carbondale, Penn.; Bonaparte, Iowa; Work gloves; 4 learn and that therefore she is a national of a Ladies’ slips; 6 learners (T); February ers (TX; February 8, 1944. designated enemy country (Germany); 8,1944. Menominee Glove Company, Sheridan, 2. Finding that said Aenne Schmich is Central Manufacturing Company, Road, Menominee, Michigan, Ladies’ the owner of real and personal property de Mulberry Street, Dickson, Tennessee; dress gloves; 5 percent (Tl; February 8, scribed in subparagraph 3 hereof; Work shirts and Army shirts; 10 learners 1944. 3. Finding that the property described as Hosiery Industry follows: (E); August 8,1943. a. All right, title, interest and estate, both Kay Dunhill, Incorporated, 201 West- The Alden Mills, 2308 Chartres Street, legal and equitable, of said Aenne Schmich, wood Avenue, Long Branch, New Jersey; New Orleans, Louisiana; Seamless ho in and to that certain real property situated House dresses and wash frocks; 10 per siery; 5 percent (T); February 8, 1944. at 115 Ruby Street, Redondo Beach, Cali cent (T); February 8, 1944. Martinat Hosiery Mills, Incorporated, fornia, more particularly described as Lots 1 Kay Dunhill, Inc., Hudson and Hill Valdese, North Carolina; Seamless ho and 2 in Block 190, of the City of Redondo Streets, Mechanicville, New York; House siery; 5 percent (T); February 8, 1944. Beach, County of Los Angeles,» State of Cali dresses and wash frocks; 10 percent (T ); Maryon Hosiery Mill, 12 Aycock Street, fornia, as per map recorded in Book 39, Page Carrollton, Georgia; Seamless hosiery; 1 et seq., Miscellaneous Records of said February 8, 1944. County, together with all of the fixtures, im Essex Manufacturing Company, 620 5 learners (T); February 8, 1944. provements and appurtenances thereto, and Franklyn Avenue, Essex, Maryland; Cot Mt. Mitchell Hosiery Mills, Incorpo any and all claims of Aenne Schmich for ton work pants; 10 learners (T ); Febru rated, 53 Burton Street, Ashville, North rents, refunds, benefits or other payments ary 8, 1944 Carolina; Seamless hosiery; 5 learners arising from the ownership of such property; Garden Dress Company, Oak & Balliett (TX; February 8, 1944. and Streets, Frackville, Pennsylvania; Ladies’ Town House Hosiery Mill, Chilhowie, b. All right, title, interest and claim of any dresses; 10 learners (T); February 8, Virginia; Full-fashioned hosiery; 5 per name or nature whatsoever of said Aenne cent (T ); February 8,1944. Schmich in and to all obligations, contin 1944. gent or otherwise and whether or not ma B. W. Harris Manufacturing Company, Knitted Wear Industry tured, owing to her by Robert Mayer, in 201 East 6th Street, St. Paul, Minnesota; Eskimo Knitting Manuf acturing Cor cluding but not limited to all security rights Sheep-lined coats, mackinaws, jackets, poration, 3016 E. Thompson Street, Phil in and to any and all collateral for any or ski suits, etc.; 10 percent (TX; February adelphia, Pennsylvania; Knitted outer all such obligations and the right to sue 8, 1944. wear; 5 learners (T); February , 1944. for and collect such obligations, and includ Hipsh Incorporated, 2nd & Olive Street, 8 ing particularly the obligation arising on ac Holden, Missouri; Herringbone twill jack Lincoln Underwear -Mills, Incorpo count of the delivery by her to Robert Mayer rated, Evans and Water Streets, Potts- of certain moneys which were credited to the ets for U. S. A., men's neckwear; 10 •town, Pennsylvania; Knitted underwear; account of Robert Mayer, President, J. percent (T); February 8,1944. 5 learners (T); February 8, 1944. Kahn & Company, Dallas, Texas, on the Kay Dress Company, Cove Road, New books of said company, Bedford, Massachusetts; Dresses; 10 Textile Industry is property within the United States owned learners (T); February 8, 1944. Grantville Mills, Gr&ntville, Georgia; or controlled by a national of a designated L a m p 1 Sportswear Manufacturing Cotton and rayon yarn; 3 percent (T); enemy country (Germany); Company, 2570 Superior Avenue, Cleve February 8, 1944. 4. Determining that the property de land, Ohio; Women’s outerwear gar Ninety Six Cotton Mill, Ninety Six, scribed in subparagraph 3-b .hereof is nec ments; 10 percent (T); February 8,1944. South Carolina; Unfinished cotton essary for the maintenance or safeguarding Niagara Apparel Company, Incorpo goods; 3 percent (T ); February 8,1944. of other property (namely that hereinbefore rated, 77 Swan Street, Buffalo, New York; Telephone Industry described in subparagraph 3-a) belonging Single pants, Army field jackets, men’s to the same national of the same designated Moore Telephone System, 201 Mon enemy country and subject to vesting (and and boys’ jackets; 10 percent (T ); Feb tague Avenue, Caro, Michigan; To em in fact vested by this order) pursuant to ruary 8, 1944. ploy learners as commercial switchboard section 2 of said Executive Order; Peter Pan Manufacturing Company, operators at its Caro exchange, at Caro, 5. Determining that to the ektent that 132 Essex Street, Boston, Massachusetts; Michigan, until February , 1944. such national is a person not within a desig Overalls, coveralls; 5 learners (T ); Feb 8 nated enemy country, the national interest of ruary 8,1944. . Cigar Industry the United States requires that such person Philley Manufacturing Company, 5 General Cigar Company, Incorporated, be treated as a national of the aforesaid North Lafayette Street, Valparaiso, Indi 154 W. Church Street, Nanticoke, Penn designated enemy country (Germany); 6. Having made all determinations and ana; Cotton aprons; 10 learners (T); sylvania; Cigars, 69 leaners (E); Cigar taken all action, after appropriate consulta February 8. 1944. Machine Operators and Cigar Packers tion and certification, required by said Exec Pittston Apparel Company, 108 South for a learning period of 320 hours at 75% utive Order or Act or otherwise; and Main Street, Pittston, Pennsylvania; of applicable minimum wage until Au 7. Deeming it necessary in the national Ladies’ brassieres; 45 learners Any person, except a national of a is property within the United States owned County, Pennsylvania, filed an applica designated enemy country, asserting any or controlled by nationals of a designated tion pursuant to § 1364.52 (j) under enemy country (Germany); Maximum Price Regulation No. 169, as claim arising as a result of this order 4. Determining that the property described may hie with the Alien Property Cus in subparagraph 3-b hereof is necessary for amended, redesignated § 1364.476 (i) un todian a notice of his claim, together the maintenance or safeguarding of other der Revised Maximum Price Regulation with a request for a hearing thereon, on property (namely, tha.t hereinbefore de No. 169, seeking authorization to estab Form APC-1, within one year from the scribed in subparagraph 3-a) belonging to lish» maximum selling price for a new date hereof, or within such further timé the same nationals of the same designated product. as may be allowed by the Alien Property enemy country and subject to vesting (and For the reasons set forth in the opinion in fact vested by this order) pursuant to issued simultaneously herewith and pur Custodian. Nothing herein contained section 2 of said Executive Order; shall be deemed to constitute an admis 5. Determining that to the extent that suant to the authority vested in the sion of the existence, validity or right such nationals are perspns not within a des Price Administrator by the Emergency to allowance of any such claim. ignated enemy country, the national interest Price Control Act of 1942, It is ordered: The terms “national” and “designated of the United States requires that such per (a) The Palmyra Bologna Company enemy country” as used herein shall have sons be treated as nationals of the aforesaid of Palmyra, Lebanon County, Pennsyl the meanings prescribed in section 10 designated enemy country (Germany); vania, may sell, and deliver, agree, offer, 6. Having made all determinations and solicit, and attempt to sell and deliver of said Executive Order. taken all action, after appropriate consulta Executed at Washington, D. C., on Seltzer Brand Beef Sausage at a price tion and certification, required by said Ex not in excess of 32 cents per pound; and January 27, 1943. ecutive Order or Act or otherwise; and any person may buy, or receive from the [seal] Leo T. Crowley, 7. Deeming it necessary in the national interest; Palmyra Bologna Company such Seltzer Alien Property Custodian. Brand Beef Sausage at a price not in [P. R. Doc. 43-2088; Filed, February 9, 1943; hereby vests in the Alien Property Cus excess of 32 cents per pound. 10:28 a. m.] todian the property described in sub- (b) All prayers of the petition not paragraph 3 hereof, to be held, used, ad granted herein are denied. ministered, liquidated, sold or otherwise (c) This Order No. 23 may be revoked dealt with in the interest of and for the or amended by the Price Administrator [Vesting Order 816] benefit of the United States. at any time. Such property, and any or all of tfie Emilie Altenbach and Margot B uch- (d) Unless the context otherwise re MTJLLER proceeds thereof, shall be held in an ap quires the definitions set forth in § 1364.- propriate special account or accounts, 477 of Revised Maximum Price Regula Re: Certain real property in Cali pending further determination of the tion No. 169 shall apply to the terms used fornia, together with a bank account, Alien Property Custodian. This shall herein. owned by Emilie Altenbach and Margot not be deemed to limit the powers of (e) This Order No. 23 shall become Buchmuller. the Alien Property Custodian to return effective February 9, 1943. Under the authority of the Trading such property or the proceeds thereof, with the Enemy Act, as amended, and or to indicate that compensation will Issued this 8th day of February 1943. Executive Order No. 9095, as amended, not be paid in lieu thereof, if and when P rentiss M. Brown, and pursuant to law, the undersigned, it should be determined that such return Administrator. after investigation: should be made or such compensation [F. R. Doc. 43-2075; Filed, February 8, 1943; 1. Finding that Emilie Altenbach and Mar should be paid. 2:57 p. m.] got Buchmuller, whose last known addresses Any person, except a national of a are 12 and 14 Beethoven Strasse, Düssel designated enemy country, asserting dorf, Germany, respectively, are citizens of any claim arising as a result of this or [Order 24 Under Rev. MPR 169] Germany and are nationals of a designated der may file with the Alien Property enemy country (Germany): Custodian a notice of his claim, together J ohn S. Weaver 2. Finding that said Emilie Altenbach and with a request for a hearing thereon, on ORDER GRANTING APPROVAL OF MAXIMUM Margot Buchmuller are the owners of the Form APC-1, within one year from the real and personal property described in sub- PRICE paragraph 3 hereof; date hereof, or within such further time Order No. 24 Under Revised Maximum 3. Finding therefore that the property de as may be allowed by the Alien Property Price Regulation No. 169—Beef and Veal scribed as follows: Custodian. Nothing herein contained Carcasses and Wholesale Cuts. a. All right, title, interest and estate, both shall be deemed to constitute an admis Granting approval of maximum price legal and equitable, of Emilie Altenbach and sion of the existence, validity or right for a new product to John S. Weaver. Margot Buchmuller, and each of them, in to allowance of any such claim. On December 4, 1942, John S. Weaver, and to that certain real property situated The terms “national” and “designated at 8613-8615 South Broadway, Los Angeles, of Lebanon, Lebanon County, Pennsyl California, more particularly described as enemy country” as used herein shall vania, filed an application pursuant to Lot 4 Scovill’s Moneta Avenue Tract, as per have the meanings prescribed in section § 1364.52 (j) under Maximum Price Reg map recorded in Book 8, at Page 69 of Maps, 10 of said Executive Order. ulation No. 169, as amended, redesig records of Los Angeles County, together with Executed at Washington, D. C., on nated 1 1364.476 (i) under Revised Maxi all the fixtures, improvements and appur February 2, 1943. mum Price Regulation No. 169, seeking tenances thereto, and any and all claims of [seal] Leo T. Crowley, Emilie Altenbach and Margot Buchmuller, authorization to establish a maximum and each of them, for rents, refunds, benefits Alien Property Custodian. selling price for a new product. or other payments arising from the owner [F. R. Doc. 43-2087; Filed, February 9, 1943; For the reasons set forth in the opinion ship of such property; 10:28 a. m.] issued simultaneously herewith and pur b. All right, title, interest and claim, of suant to the authority vested in the Price any name or nature whatsoever of said Emilie Administrator by the Emergency Price Altenbach and Margot Buchmuller, and each Control Act of 1942, It is ordered: of them, in and to all obligations, contingent OFFICE OF PRICE ADMINISTRATION. or otherwise and whether or not matured, ow (a) John S. Weaver of Lebanon, Le ing to them, or either of them, by the Se [Order 23 Under Rev. MPR 169] banon County, Pennsylvania, may sell, curity-First National Bank of Los Angeles, and deliver, agree, offer, solicit, and at Los Angeles, California, including but not Palmyra Bologna Co. tempt to sell and deliver Penn Dutch limited to all security rights in and to any APPROVAL OF MAXIMUM PRICE Sausage at a price not in excess of 32 and all collateral for any or all such obliga cents per pound; and any person may tions and the right to sue for and collect Order No. 23 under Revised Maximum buy, or receive from John S. Weaver such obligations, and including particularly Price Regulation No. 169—Beef and Veal such Penn Dutch Sausage at a price not the account in the Broadway and Olympic Carcasses and Wholesale Cuts. Branch of said Security-First National Bank in excess of 32 cents per pound. of Los Angeles in the name of T. L. Milburn, Granting approval of maximum price (b) All prayers of the petition not agent for Emilie Altenbach and Margot for a new product to Palmyra Bologna granted herein are denied. Buchmuller, which bank account is due and Company. (c) This Order No. 24 may be revoked owing to, and held for, Emilie Altenbach and On December 4, 1942 The Palmyra or amended by the Price Administrator Margot Buchmuller, Bologna Company, Palmyra, Lebanon at any time. 1824 FEDERAL REGISTER, Wednesday, February 10, 1943 (d) Unless the context otherwise re gency Price Control Act of 1942, as (c) Before delivery of a fireplace grate quires the definitions set forth in amended, and Executive Order No. 9250, to any purchaser for resale, the manu- § 1364.477 of Revised Maximum Price It is ordered: facturer shall attach a tag or label Regulation No. 169 shall apply to the (a) This Order No. 156 sets temporary which plainly states the retail ceiling terms used herein. ' maximum prices for sales of certain new price of the grate. For example, a state (e) This Order No. 24 shall become fireplace grates manufactured from sub ment in the following form on a 6-bar effective February 9, 1943. stitute materials. It applies only to the grate would be sufficient: “Retail Ceil Issued this 8th day of February 1943. grates which have been described in ap ing Price $14.95”. The tag or label shall plications submitted by the manufac not be detached until the grate has been P rentiss M. B rown, turers to the Office of Price Administra delivered to the consumer. Administrator tion. The order is temporary. No sales (d) At or before the time of first de [F. R. Doc. 43-2076; Filed, February 8, 1943; or deliveries may be made under its au livery after the effective date of this 2:57 p. m ] thority after the 1st day of April 1943. order, the manufacturer shall notify in Listed below are the maximum prices writing every person who buys from him for sales by the manufacturers and by of the maximum price set by this Order retailers. The prices listed below may be No. 156 for resales by the purchaser. [Order 66 Under RPS 64] charged only if the manufacturer at This written notice may be given in any taches to the grate the written warranty convenient manner; for example, it may Caloric Gas Stove Works described in paragraph (b). If the man be shown on or attached to the invoice, APPROVAL OF MAXIMUM PRICES ufacturer does not make the warranty, or packed with the merchandise. Order No. 66 under § 1356.1 (d) of Re the maximum prices for sales by the (e) Within fifteen days after March vised Price Schedule No. 64—Domestic manufacturer and by retailers shall be 1, 1943, each manufacturer shall pre Cooking and Heating Stoves. computed by deducting 15% from the pare and mail to the Office of Price Ad Approval of maximum prices for sales prices listed in the table. ministration, Washington, D. C., a report by retailers of the Models 20CE, 20E, 20 C covering his operations during the sixty and 20 Caloric Conservator heating day period which ends February 28, 1943. Factory The report shall contain the following stoves manufactured by the Caloric Gas Name of manufacturer to Retail Stove Works, of Philadelphia. retailer price information, so far as the manufactur price er’s customary methods of keeping rec (a) Retailers may sell and deliver the ords make it available; following models of heating stoves manu Cambridge Cement Stone Co., factured by the Caloric Gas Stove Works Post Office Box 41, Allston, The number of units manufactured of Philadelphia, to consumers, at prices Mass.: during the period, the number of units 6-bar grate ...... $8.95 $14.95 sold, total gross sales, total returns and no higher than the amount set forth be 7-bar grate______9.90 16.50 low opposite each model number. These 8‘bar grate...... 10. 75 17.96 allowances, and costs per unit for ma Economy Cast Stone Co., Post terials, direct labor, and factory over maximum prices do not include any Office Box 1223, Richmond, amount for installation or delivery by Va.: head. The method of computation of the dealer to the consumer: 6-bar grate...... 8.95 14.95 costs should be explained and supporting 7-bar grate ... _...... 9. 90 16.50 details should be furnished. Model 20CE (with casing, enamel 10. 75 17.95 Edmonds Art Stone Co.,- 2135 (f ) This Order No. 156 may be revoked finish)------$57.00 Queens Chapel Road, NE., or amended by the Price Administrator Model 20E (without casing, enamel Washington, D. G.: finish)______51.506-bar grate . 8.95 14.95 at any time. Model 20C (with casing, Japan finish) _ 49.95 7-bar grate______9.90 16.50 (g) Unless the context otherwise re 8-bar grate...... 10.75 17.95 Model 20 (without casing, Japan Long Island Concrete Products quires, the definitions set forth in finish)______46.75 Co., 105 E. Merrick Road, § 1499.20 of the General Maximum Price Freeport^ L. I., N. Y.: Regulation shall apply to terms used (b) This Order No. 66 may be revoked 8.95 14.95 9.90 16.50 herein. or amended by the Price Administrator 10.75 17.95 (h) This Order No. 156 shall become at any time. United Concrete Form Products (c) This Order No. shall become ef Co., Inc., 5243 West 25th effective on the 9th day of February 66 Place, Chicago, IH.: 1943, and shall terminate on the 1st fective on the 9th day of February 1943. 6 - h » r grata . . . 8.95 14.95 9.90 16.50 day of April 1943. (Pub. Laws 421 and 729, 77th Cong.; E.O. 10.75 17.95 No. 9250, 7 F.R. 7871) Issued this 8th day of February 1943. P rentiss M. Brown, Issued this 8th day of February 1943. . (1) The price listed under “factory to Administrator. P rentiss M. B rown, retailer” in the above table is the maxi [F. R. Doc. 43-2078; Filed, February 8, 1943; Administrator. mum price for sales by the manufacturer 2:56 p. m.J [F. R. Doc. 43-2077; Filed, February 8, 1943; to retailers. The price is f. o. b. the man 2:56 p. m.J ufacturer’s city. (2) The price listed under “retail price” in the above table is the maximum WAR PRODUCTION BOARD. price for sales at retail. Cancellation of S top Order [Order 156 Under MPR 188] (b) The maximum prices set forth in the table contained in ’paragraph (a) Builder: Texas State Highway Depart Cambridge Cement S tone Co., et al. can be charged only if the manufacturer ment, Austin, Texas. Project: Grading, sells the grate with a written warranty drainage, gravel on U. S. 80 from New TEMPORARY MAXIMUM PRICES in the following form: Mexico line south toward El Paso iden Order No. 156 under § 1499.158 of “------— ------, the manu- tified as SN-FAP 439-A (4). Maximum Price Regulation No. 188— (Insert name of manufacturer) The order issued January 15,1943 pro Manufacturers’ Maximum Prices for facturer of this grate, warrants to the hibiting further construction on the Specified Building Materials and Con retailer and to any person buying from above-described project and prohibiting sumers’ Goods Other Than Apparel. him that it is fit for burning coal or wood the delivery of materials to be used in Temporary maximum prices for cer in a fireplace”. If the manufacturer de connection with such construction is tain new fireplace grates manufactured sires to do so, he may add: “This war hereby cancelled. from substitute materials. ranty, however, does not protect against Issued February , 1943. For the reasons set forth in an opinion rough handling by the consumer.” 8 issued simultaneously herewith and filed The warranty shall be attached to the Curtis E. Calder, with the Division of the Federal Register grate by the manufacturer and shall not Director General for Operations. and pursuant to the authority vested in be detached until after the grate has [F. R. Doc. 43-2085; Filed, February 8, 1943; the Price Administrator by the Emer been delivered to the consumer. 4:57 p. m.J