U

x FEDERAL REGISTER VOLUME 7 NUMBER 80 1 9 3 4 « d r < ^ a/jted ^

Washington, Friday, April 24, 1942

[Amendment No. 2 to 1941 C.C.C. Wheat CONTENTS Rules, Regulations, Orders Form 1—Instructions] P art 218—1941 Wheat Loans1 REGULATIONS TITLE 6—AGRICULTURAL CREDIT amendment increasing the area in new Agricultural Marketing Adminis­ Chapter II—Commodity Credit MEXICO IN WHICH LOANS ON ELIGIBLE tration: Page Corporation WHEAT STORES) ON FARMS WILL BE MADE Peaches (fresh) grown in Georgia, regulations._____ 3019 [Amendment No. 1 to 1941 C.C.C. Wheat Pursuant to the provisions of Title HI, - Form 1—-Instructions] section 302 (a) of the Agricultural Ad­ Bituminous Coal Division: justment Act of 1938, as amended, (52 Minimum Price schedules, relief Part 210—1941 W heat Loans 1 Stat. 43; 7 U.S.C., Sup., 1202) and Public orders, etc.: AMENDMENT INCREASING THE AREA IN WHICH Law 74, 77th Congress, approved May 26, District 1______3026 LOANS OF FARM -STORED WHEAT WILL BE 1941 (55 Stat. 205), Commodity Credit District 4______3028 AVAILABLE Corporation has authorized the making District 15______3028 Pursuant to the provisions of Title III, of loans in accordance with the regula­ Rimersburg Coal Mining Co., section 302 (a) of the Agricultural Ad­ tions in this part (1941 C.C.C. Wheat Inc______3027 justment Act of 1938, as amended (52 Form 1—Instructions), upon the security Bureau of Customs: Stat. 43; 7 U.SC„ Sup. 1302) and Public of wheat stored on farms or in approved Clearance of passengers, rescis­ Law 74, 77th Congress, approved May .public grain warehouses. Such regula­ sion of master's oath re­ 26,1941 (55 Stat. 205), Commodity Credit tions are amended as follows: quirement ______3044 Corporation has authorized the making Section 218.2 Areas in which loans Coast Guard: of loans in accordance with the regula­ wiU be made, is amended by adding to Anchorage and danger zone reg­ tions in this part (1941 C.C.C. Wheat the New Mexico counties named therein ulations amended (2 docu­ Form 1—Instructions), upon the se­ the following counties: ments) ______3042 curity of wheat stored on farms or in Bernalillo, Sandoval, Socorro, and Motorboats, procedure for num­ approved public grain warehouses. Such Valencia. bering------3045 regulations are amended as follows: Dated: August 8, 1941. Commodity Credit Corporation: Paragraph Jersey, AMENDMENT i n c r e a s i n g t h e AREA IN M IS­ cerning------3046 Maryland, Delaware, and Virginia, and SOURI FOR W HICH SEPARATE SCHEDULES Tariffs; charges for interstate in all counties in the States of Indiana O F LOAN VALUES W ILL BE ISSUED, AND and foreign communica­ and Ohio north of or intersected by the PRESCRIBING METHOD OF COMPUTING tion, amendment______3046 fortieth parallel meridian. LOAN SAXES AT ILLINOIS POINTS ON Office of Defense Transportation: WHEAT RECEIVED BY RAIL SHIPMENT Dated: July 29, 1941. Conservation of rail equipment Pursuant to the provisions of Title [seal] j . b . H utson, in merchandise traffic.__ _ 3046 III, section 302 cotton pro­ ducers’ notes pursuant to a lending Published daily, except Sundays, Mondays, declaration effective------3051 and days following legal holidays by the State Department: agency agreement, (a) 1941 Cotton Pro­ Division of the Federal Register, The National Trade-agreement negotiations ducers’ Notes (1941 C.C.C. Cotton Form Archives, pursuant to the authority con­ with Mexico, supplementary A) (hereinafter called “notes”) will be tained in the Federal Register Act, approved list of products------3047 eligible for purchase or for pooling only July 26, 1935 (49 Stat. 500), under regula­ Wage and Hour Division: when tendered by the lending agency tions prescribed by the Administrative Com­ Learner employment certifi­ which is the payee of the notes tendered mittee, approved by the President. and which, prior to the execution of sUch The Administrative Committee consists of cates, cancellation: the Archivist or Acting Archivist, an officer Ateo Garment Co______3050 notes, has executed a Lending Agency of the Department of Justice designated by Universal Coat Co______3050 Agreement (1941 C.C.C. Cotton Form D) the Attorney General, and the Public Printer and delivered such agreement to the or Acting Public Printer. Loan Agency of the Reconstruction Fi­ The daily issue of the F ederal Register nance Corporation serving each district will be furnished by mail to subscribers, free of loans in accordance with the regula­ in which cotton securing such notes is of postage, for $1.25 per month or $12.50 per tions in this part (1941 C.C.C. Wheat stored. year, payable in advance. Remit money or­ Form 1—Supplement 1—Instructions), The location of the Loan Agencies of der payable to the Superintendent of Docu­ upon the security of wheat stored on the Reconstruction Finance Corporation ments directly to the Government Printing farms or in approved public grain ware­ Office, Washington, D. C. The charge for and the district served by each Agency single copies (minimum, 10tf) varies in pro­ houses. Such regulations are amended are as follows: portion to the size of the issue. as follows: Paragraph (b) of § 218.5, Amount of Loan Agencies and Districts Served loan at country points, is amended by Atlanta, Ga.—Georgia, Florida, Vir­ CONTENTS—Continued adding to the counties listed for Mis­ ginia, North Carolina, South Carolina. souri the following counties: Birmingham, Ala.—Alabama/ Office of Price Administration: Page Jefferson, Perry, Pike, St. Francis, St. Dallas, Texas.—Texas, New Mexico. Maximum price regulations: Little Rock, Ark.—All of Arkansas ex­ China and pottery------. 3036 Genevieve and St. Louis. cept the counties assigned to Memphis. Textile fabrics; cotton, wool, Paragraph (b) of § 218.5 is further Los Angeles, Calif.—California, Ari­ silk, synthetics, admix­ amended by adding at the end thereof zona. tures______3038 the following language: Memphis, Tenn.—Illinois, Missouri, Rubber tires and tubes, price * * * Loan rates at Illinois points on Tennessee; the following counties in schedule amended------3036 wheat received by rail shipment are to Arkansas: Clay, Craighead, Crittenden, War Production Board: be computed in accordance with the, Cross, Greene, Lawrence, Lee, Missis­ Communications, operating con­ formula set forth in this paragraph sippi, Phillips, Poinsett, Randolpji, and struction preference rating if such computation results in a higher St. Francis; and the following counties order______3031 loan rate than would be obtained by in Mississippi: Alcorn, Attala, Benton, Corsets, combinations and bras­ using the formula set forth in paragraph Bolivar, Calhoun, Carroll, Chickasaw, sieres, limitation and sup­ (a) of this section. Choctaw, Clay, Coahoma, DeSoto, Gre­ plementary orders (2 docu­ nada, Holmes, Humphreys, Itawamba, ments) ______3033, 3034 Dated: July 28, 1941. Lafayette, Lee, Leflore, Lowndes, Mar­ Pishing tackle, limitation order- 3035 [seal] J. B. Hutson, shall, Monroe, Montgomery, Noxubee, Fluorescent lighting fixtures, President. Oktibbeha, Panola, Pontotoc, Prentiss, limitation order------3033 Quitman, Sunflower, Tallahatchie, Tate, Glass containers, tinplate and [F. R. Doc. 42-3594; Filed, April 22, 1942; Tippah, Tishomingo, Tunicao, Union, terneplate closures, conser­ 1:43 p. m.] Washington, Webster, Winston, Yalo­ vation order______3033 busha. Wire and radio communication, New Orleans, La.—Louisiana and preference rating order----- 3030 counties in Mississippi not assigned to Wire telephone industry, con­ [Supplement No. 1 to 1941 C.C.C. Cotton Form 1—Instructions] Memphis. servation order------— 3029 Oklahoma City, Okla.—Oklahoma. NOTICES Part 221—1941 Cotton Loans1 (b) All notes must be tendered to Bituminous Coal Division: RULES AND PROCEDURE RELATING TO THE PUR­ Commodity Credit Corporation, Regional District Board 4, petition dis­ CHASE OR POOLING BY COMMODITY CREDIT Office, Masonic Temple Building, New missed ______3048 CORPORATION OP 1 9 4 1 COTTON PRODUCERS' Orleans, Louisiana, within 15 days of the District Board 13, hearing post­ NOTES PURSUANT TO A LENDING AGENCY respective -dates of their execution. poned______3049 AGREEMENT Notes must be tendered on 1941 C.C.C. Ten X Coal Co., code member­ Cotton Form C (Lending Agency’s Let­ ship revoked, etc___;------3048 Pursuant to the provisions of Title HI, ter of Transmittal), which shall state Department of Agriculture: section 302 (a) of the Agricultural Ad­ whether the lending agency desires Com­ Peaches (fresh) grown in Geor­ justment Act of 1938, as amended (52 modity Credit Corporation to purchase gia, proclamation re han­ Stat. 43; 7 U.S.C., Sup., 1302) and Public the notes or to place them in a pool dling______.___ 3050 Law 74, 77th Congress, approved May 26, operated by it. Notes tendered on any Federal Trade Commission: 1941 (55 Stat. 205), Commodity Credit one 1941 C.C.C. Cotton Form C must all Trial examiners appointed, etc: Corporation has authorized the making be secured by cotton stored in an area Gulf Oil Corp______3050 of loans upon the security of cotton in served by the same Federal Reserve Irwin, Robert W., Co______3051 accordance with the regulations in this Bank. Four copies of the 1941 C.C.C. Velodent Products Mfg. Co— 3051 part (1941) C.C.C. Cotton Form 1—In­ Cotton Form C must accompany the General Land Office: structions). Such regulations are sup­ notes and not more than 35 notes may Montana, certain stock drive­ plemented as follows: be covered by any one transmittal letter. way withdrawals reduced or (c) Notes, when properly tendered, revoked_____...______-__ 3049 *6 F.R. 4185. will be examined by the New Orleans FEDERAL REGISTER, Friday, April 24, 1942 3019 Office of the Commodity Credit Corpora­ collection of the principal amounts of (o) If, upon final liquidation of the tion. Notes not found to be acceptable notes comprising a pool will be paid dur­ pool, the proceeds thereof are not suf­ will be returned. Notes returned wül be ing the 10-day period following the end ficient to retire all outstanding certif­ accepted if retendered in acceptable of the month (hereinafter called a “dis­ icates, the Corporation will pay to the form. One copy of 1941 CjCX?. Cotton tribution period”) upon Certificates of holders of such certificates the values Form C, on which any notes not ac­ Interest outstanding as of the close of thereof, plus interest thereon at the rate cepted will be indicated, will be returned business on the last day of the month: of 1 Vz percent thereon from the respec­ to the lending agency and will constitute Provided, That such payments will not tive dates of such certificates to the date a receipt for the accepted notes. Notes be made if Commodity Credit Corpora­ of retirement. accepted by the New Orleans Office of tion determines that such action is im­ Commodity Credit Corporation will be practicable because of the insufficiency Dated: August 6, 1941. forwarded by it to the Federal Reserve of the total amount available for pay­ Iseai.1 J. B. Hutson, Bank for the district in which the cotton ments. Payments upon certificates will President. is stored. be made ratably upon the basis of the (d) If the notes accepted by the New value of each certificate to the value of [F. R. Doc. 42-3595; Filed, April 22, 1942; Orleans Office of Commodity Credit Cor­ all certificates upon, which payments 1:43 p. m.] poration and forwarded to the Federal will be made: Provided, That the amount Reserve Bank were tendered for direct which would otherwise be paid upon any purchase, the Federal Reserve Bank, act­ certificate may be increased or decreased ing for Commodity Credit Corporation, so as to make such payment an integral TITLE 7—AGRICULTURE will make payment therefor. The pur­ multiple of $100: And, provided further, Chapter IX—Agricultural Marketing chase price will be the face amounts of That the amount of any such payment Administration the notes, plus accrued interest at the shall in no event exceed the value of rate of lVz percent p®r annum from the the certificate. Interest will be paid (as P art 962—F resh P eaches G rown in the respective dates of the notes to the dates provided in paragraph 7) on each such S tate of Georgia of their purchase. payment at the rate of 1% percent per ORDER REGULATING THE HANDLING OF FRESH (e) If the notes accepted by the New annum from the date of the certificate PEACHES GROWN IN THE STATE OF Orleans Office of Commodity Credit Cor-, upon which the payment is paid to the GEORGIA 1 poration and forwarded to the Federal date of such payment. Bee. Reserve Bank were tendered for pooling, (j) A Certificate of Interest shall be 962.1 Findings. the Federal Reserve Bank, acting for retired when the amount paid upon the 962.2 Order relative to handling. Commodity Credit Corporation, will issue certificate equals the value thereof, plus 962.3 Definitions. a Certificate of Interest to the lending interest thereon at the rate of 1% percent 962.4 Committees, agency named as payee of the notes or per annum from the date of the certifi­ 962.5 Expenses and assessments. to any other qualified lending agency cate to the date of retirement. 962.6 Marketing policy. designated by such payee in the 1941 962.7 Maturity regulation. (k) A Certificate of Interest may he 962.8 Grade and size regulations. C.C.C. Cotton Form C on which the purchased from the holder thereof, at 962.9 Inspection and certification. notes were tendered. any time, by Commodity Credit Corpora­ 962.10 Compliance. (f) A Certificate of Interest (1941 tion paying the holder the value thereof, 962.11 Shipments which are exempt. C.C.C. Cotton Form H) will evidence the plus interest thereon at the rate of IV2 962.12 Reports. deposit in a pool conducted by the Com­ percent per annum from the date of the 962.13 Right of the Secretary. modity Credit Corporation, pursuant to certificate to the date of purchase and 962.14 Effective time and termination. a Lending Agency Agreement (1941 C.C.C. 962.15 Duration of immunities. will be purchased by Commodity Credit 962.16 Agents. Cotton Form D), of notes in total face Corporation upon demand by the holder 962.17 Derogation. amounts equal to the face amount of the thereof. 962.18 Personal liability. certificate issued. The notes securing (l) A Certificate of Interest may be 982:19 Separability. cotton stored in each Federal Reserve transferred, subject to the following con­ 962.20 Amendments. District will constitute a separate pool ditions: Transfers may be made only to 962.21 Effect of termination or amendment. and the Federal Reserve Bank for the It is provided to Public Act No. 10. district will act for Commodity Credit a' lending agency which has executed a Corporation as custodian of the pooled Lending Agency Agreement (1941 C.C.C. 73d Congress (May 12,1933), as amended notes.. Cotton Form D). Only two transfers and as reenacted and amended by the may be made. Transfers may be made Agricultural Marketing Agreement Act of (g) A Certificate of Interest shall bear only on 1941 C.C.C. Cotton Form I (As- - 1937, as amended (hereinafter referred interest on the value thereof at the rate signment of Certificate of Interest) and to as the “act”), that the Secretary of of 1% percent per annum, payable at will be effective only upon the receipt and Agriculture of the United States (here­ the time and upon the amount of each acceptance of sueh form by Commodity inafter referred to as the “Secretary”) payment made (as hereinafter provided Credit Corporation. A 1941 C.C.C. Cot­ shall, subject to the provisions of the in thése rules) upon such certificate. ton Form I (Assignment of Certificate of act, issue orders regulating such handling (h) The value of a Certificate of In­ Interest) received during a distribution of certain agricultural commodities, in­ terest, at any time, will be the total period (Le„ the first 10 days of any cluding peaches, as 4s in the current of face amounts of the notes with respect month) will not be effective until the «id interstate or foreign commerce, or which to which the certificate was issued, less of such period and payments upon the directly burdens, obstructs, or affects in­ the total amounts of payments made certificate during such distribution period terstate or foreign commerce in such upon the certificate. At the time of its will be made to the transferer,, rather commodities. issuance, a payment upon the certificate than the transferee. The Assistant Secretary, having reason will be made to the holder in such to believe that the execution of a mar­ amount as may be necessary to make the (m) The Federal Reserve Bank by which a Certificate of Interest is issued keting agreement and the issuance of an original value of the certificate an inte­ order would tend to effectuate the de­ gral multiple of $190. At the time of its will act as custodian of the certificate for the holder until such certificate is clared policy of tfte act with respect to issuance, there will, also, be paid to the the establishment and maintenance of holder interest upon the total face retired or purchased by Commodity Credit Corporation, and such bank will such orderly marketing conditions for amounts of the notes with respect to fresh peaches grown in the State of which the certificate is issued at the enter on the certificate all payments Georgia as would establish prices to the rate of 1% percent per annum from the made thereon. producers of such peaches at a level that respective dates of the notes to the date (n) If any amount remains in the would give such peaches a purchasing of the issuance of the certificate. pool after all certificates issued with re­ power, with respect to articles that the (i) The total amount on hand as of the spect to the pool have been retired, such producers thereof buy, equivalent to the close of business on the last day of any amount shall revert to Commodity month which was obtained through the Credit Corporation. 1 See also Department of Agriculture, infra. 3020 FEDERAL REGISTER, Friday, April 24, 1942 purchasing power of such peaches dur­ level of prices at as rapid a rate as the Agricultural Marketing Agreement Act ing the base period, January 1920-De- Secretary deems to be in the public in­ of 1937, as amended (7 U.S.C. 1940 ed. cember 1928, gave notice, on November terest and feasible in view of the current § 601 et seq.) 27, 1941, of a public hearing to be held consumptive demand in domestic and (c) “Person” means an individual, in Macon, Georgia, on December 11,1941, foreign markets, and (2) by authorizing marketing agent, partnership, corpora­ on a proposed marketing agreement and no action which has for its purpose the tion, marketing agency, association, a proposed order regulating such han­ maintenance of prices to producers of legal representative, or any organized dling of such fresh peaches as is in the such peaches above the level which it group or business unit of individuals. current of commerce between the State is declared in the act to be the policy (d) “Area” means and includes the of Georgia and any point outside thereof, of Congress to establish. entire State of Georgia. or so as directly to burden, obstruct, or It is further found that: (e) “Peaches” means and includes all affect such commerce; and the aforesaid varieties of peached grown within the hearing was held in Macon, Georgia, on (d) The marketing agreement regu­ aforesaid area. December 11 and 12, 1941, and all in­ lating the handling of fresh peaches (f) “Shipper” is synonymous with terested persons in attendance were grown in the State of Georgia, tenta­ “handler” and means any person (ex­ afforded due opportunity to be heard tively approved by the Secretary on cept a common carrier of peaches owned concerning the proposed marketing February 10, 1942, upon which a hearing by another person) who, as owner, agent, agreement and the proposed order. was held on December 11 and 12, 1941, or otherwise, ships or handles peaches In accordance with the provisions of was signed by handlers (excluding co­ in fresh form, or causes peaches to be the act, it has been found and pro­ operative associations of producers who shipped or handled in fresh form, by rail, claimed that the purchasing power of were not engaged in processing, distrib­ truck, boat, or any means whatsoever. fresh peaches grown in the State of uting, or shipping the commodity covered (g) “Ship” is synonymous with “han­ Georgia djiring the period August 1909- by this part) who, during the 1941 mar­ dle” and means to sell, transport, or in July 1914 cannot be satisfactorily deter­ keting season, handled not less than fifty any other way to place peaches, in fresh mined from available statistics of the (50) percent of the volume of such form, in the current of commerce be­ Department of Agriculture, but that the peaches covered by this part; tween the State of Georgia and any purchasing power of such peaches can (e) This parKxçgulates the handling point outside thereof. be satisfactorily determined from avail­ of such peaches in the same manner as (h) “Grower” means any person en­ able statistics of the Department of Agri­ the aforesaid marketing agreement, and gaged in the production of peaches for culture for the period January 1920- that it is made applicable only to persons market; however, as used in § 962.8 (c), December 1928, and that the period Jan­ in the respective classes of industrial and “grower” shall also include any pur­ uary 1920-December 1928 is the base commercial activity specified in the said chaser of a crop of peaches on the trees. period to be used in connection with this marketing agreement; (i) “Fiscal period” means the period order in determining the purchasing (f) The issuance of this part is ap­ beginning on March 1 of each year and power of such peaches. proved or favored by at least two-thirds ending on the last day of February of Upon the basis of the evidence intro­ (%) of the producers who, during the the following year. duced at the aforesaid hearing and the representative period determined by the (j) “District” means the applicable record thereof, it is hereby found that: Acting Secretary, were engaged, within one of the following described geograph­ the production area specified herein, in ical subdivisions of the area: Authority: §§ 962.1 to 962.21, inclusive, is­ the production for market of the com­ sued under 48 Stat. 31, 670, 675, 49 Stat. 750, modity specified in this part; and (1) “South Georgia District” shall in­ 50 Stat. 246, 52 Stat. 215, 53 Stat. 782; 7 (g) The issuance of this part is ap­ clude the counties of Muscogee, Chat­ U.S.C. 1940 ed. 601 et seq. proved or favored by producers who, tahoochee, Marion, Taylor, Crawford, § 962.1 Findings, (a) The terms and during the representative period deter­ Bibb, Twiggs, Wilkinson, Washington, provisions of this part prescribe, so far mined by the Acting Secretary, produced Jefferson, Glascook, Burke, Johnson, as practicable, such different terms, ap­ for market at least two-thirds (%) of Emanuel, Jenkins, Screven, Stewart, plicable to different production areas, as the volume of such commodity produced Webster, Schley, Macon, Peach, Houston, are necessary in order to give due recog­ for market, within the production area Sumter, Dooly, Pulaski, Bleckley, Lau­ nition to the difference in production and specified" in this part. rens, Quitman, Randolph, Terrell, Lee, marketing of such peaches; § 962.2 Order relative to handling. Crisp, Wilcox, Dodge, Treutlen, Candler, (b) This part is limited in its applica­ It is, therefore, ordered, That such han­ Bulloch, Effingham, . Clay, Calhoun, tion to the smallest regional production dling of fresh peaches produced in the -Dougherty, Worth, Turner, Tift, Irwin, area that is practicable, consistently State of Georgia as is in the current of Ben Hill, Telfair, Wheeler, Montgomery, with carrying out the declared policy of commerce between the State of Georgia Toombs, Tattnall, Evans, Bryan, Chat­ the act, and the issuance of several or­ and any point outside thereof, shall, ham, Early, Miller, Baker, Mitchell, Col­ ders applicable to any subdivision of said from and after the time hereinafter quitt, Cook, Berrien,' Coffee, Bacon, production area specified herein would specified, be in conformity to and in Wayne, McIntosh, Jeff Davis, Appling, not effectively carry out the declared compliance with the terms and condi­ Long, Liberty, Seminole, Decatur, Grady, policy of the act; and tions of this part. Thomas, Brooks, Lowndes, Lanier, Ech­ (c) This part and all of the terms and § 962.3 Definitions. As used in this ols, Atkinson, Clinch, Ware, Pierce, conditions of this part will tend to ef­ part, the following terms have the fol­ Brantley, Glynn, Charlton, and Camden; fectuate the declared policy of the act lowing meanings: (2) “Central Georgia District” shall with respect to fresh peaches produced include the counties of Carroll, Douglas, (a) “Secretary” means the Secretary Fulton, DeKalb, Rockdale, Newton, Wal­ in said production area, specified in this of Agriculture of the United States, or part, by establishing and maintaining ton, Morgan, Greene, Taliaferro, War­ the Under Secretary of Agriculture of ren, McDuffie, Columbia, Heard, Coweta, such orderly marketing conditions there­ the United States, or the Assistant Sec­ for as will tend to establish prices to the Fayette, Clayton, Henry, Jasper, Putnam, retary of Agriculture of the United Hancock, Troup, Meriwether, Spalding, producers thereof at a level that will give States, or any officer or employee of the such peaches a purchasing power, with Butts, Pike, Lamar, Monroe, Jones, Bald­ United States Department of Agriculture win, Richmond, Harris, Talbot, and Up­ respect to the articles that the producers to whom the Secretary of Agriculture of thereof buy, equivalent to the purchas­ son; and the United States has heretofore law­ (3) “North Georgia District” shall in­ ing power of such peaches in the base fully delegated, or to whom the Secretary clude the counties of Dade,* Catoosa, period, January 1920-December 1928, of Agriculture of the United States may 'Whitfield, Murray, Fannin, Union, Towns, and by protecting the interest o f the hereafter lawfully delegate, the author­ Rabun, Walker, Chattooga, Gordon, Gil­ consumer by (1) approaching the level ity to act in his stead. mer, Pickens, Lumpkin, White, Haber­ of prices which it is declared in the act (b) “Act” means Public Act No. 10, sham, Floyd, Bartow, Cherokee, Dawson, to be the policy of Congress to establish 73d Congress (May 12,1933), as amended Hall, Banks, Stephens, Franklin, Hart, by a gradual correction of the current and as reenacted and amended by the Polk, Haralson, Paulding, Cobb, Forsyth, / FEDERAL REGISTER, Friday, April 24, 1942 3021 Gwinnett, Barrow, Jackson, Madison, designated for each position as member lected, or an officer, employee, or agent Clarke, Oconee, Oglethorpe, Elbert, and at least two nominees shall be des­ of a corporate grower or corporate grow­ Wilkes, and Lincoln. ignated for each position as alternate ers in such district. § 962.4 Committees—(a) Establish­ member on the committee as representa­ "(j) Term of office. The members of ment o/ Industry Committee. An Indus­ tive or representatives of the respective the Industry Committee and their re­ try Committee, consisting of eight (8) district. spective alternates, selected subsequent members, is hereby established to ad­ (3) Only growers in attendance at a to the initial members and alternates, minister the terms and provisions of this meeting for election of nominees shall shall serve for the fiscal period for which part. The members of said Industry participate in the nomination of mem­ they have been selected and if their suc­ Committee, and their respective alter­ bers and their alternates. In the event cessors have not been selected and quali­ nates, shall be selected in accordance a grower is engaged in producing peaches fied prior to the end of the respective with the provisions of this section. in more than one district, such grower fiscal period, each such member or alter­ (b) Representation by districts on In­ shall elect the district within which he nate shall continue to serve until his re­ dustry Committee. Three (3) members shall participate in designating nominees. spective successor shall have been se­ of the Industry Committee shall be se­ Each grower shall be entitled to cast lected and qualified. lected from among growers in the South only one vote on behalf of himself, his (k) Compensation. The members of Georgia District; three (3) members of agents, affiliates, subsidiaries, and repre­ the Industry Committee, and alternate the committee shall be selected from sentatives for each position on the com­ members when acting for members, may among growers in the Central Georgia mittee for which such voter is eligible receive compensation in an amount not District; and two (2) members of the to participate in designating a nominee in excess of five dollars ($5.00) per day committee shall be selected from among at the respective meeting. for attendance at each meeting of the growers in the North Georgia District. (e) Selection of members of Industry committee. Each member of the In­ (c) Selection of initial members of Committee. The Secretary may select dustry Committee and each alternate Industry Committee. The initial mem­ the members of the Industry Committee member, when acting for a member, may bers of the Industry Committee, and and their respective alternates, subse­ receive compensation in an amount not their respective alternates, shall be se­ quent to the initial members and alter­ in excess of five dollars ($5.00) per day lected by the Secretary as soon as nates, from nominations made by for attendance, if designated by the In­ reasonably possible after the effective growers as provided in this section or dustry Committee to attend, at each con­ date of this part. In thus selecting the the Secretary may select such members sultation or conference with any other initial members and alternates, the Sec­ and alternates from among other per­ committee, or representatives thereof, retary may consider such nominations sons. established under any marketing agree­ or suggestions, if any, as may be submit­ (f) Vacancies. In the event nomina­ ment and order program, pursuant to the ted by growers, and such nominations or tions are not made for membership on aforesaid act, with respect to the han­ suggestions may be by virtue of elections the Industry Committee, pursuant to dling of peaches grown in any State or conducted by groups of growers prior to, the provisions of this section, by Feb­ region outside of the area. In addition or immediately subsequent to, the effec­ ruary 15 of the respective fiscal period, to said per diem, the members of the tive date hereof. Each of the initial the Secretary may select such members committee, and alternate members when members and his respective alternate and their respective alternates without acting for members may be reimbursed shall serve for a term ending on Feb­ waiting for nominees to be designated. for necessary expenses actually incurred ruary 28, 1943, and in the event that the To fill any vacancy occasioned by the in attending each such meeting, confer­ respective person’s successor has not failure of any person, selected as a ence, or consultation. been selected and qualified by February member of the Industry Committee or (l) Powers. The Industry Committee 28, 1943, such person shall serve until as an alternate member thereof, to qual­ shall have the following powers: his successor has been selected and qual­ ify, or in the event of the death, removal, (1) To administer, as herein specifi­ ified. In selecting such initial members resignation, or disqualification of any cally provided the terms and provisions and their alternates, the Secretary shall qualified member or alternate, a succes­ hereof; make his selection upon the basis of the sor for his unexpired term shall be (2) To make, in accordance with the representation by districts provided for selected by the Secretary. provisions herein contained, administra­ in this section. (g) Qualification. Each person se­ tive rules and regulations; (d) Nomination of succeeding mem­ lected as a member of the Industry Com­ (3) To receive, investigate, and report bers of Industry Committee. (1) The In­ mittee or as an alternate member thereof to the Secretary complaints of violation dustry Committee shall, after the year shall promptly qualify by filing with the hereof; and 1942, hold or cause to be held prior to Secretary, or with the designated repre­ (4) To recommend to the Secretary January 31 of each year a meeting or sentative of the Secretary, a written ac­ amendments hereto. meetings of growers in each of the dis­ ceptance of appointment. (m) Duties. The Industry Committee tricts designated in § 962.3, for the pur­ (h) Alternate members of Industry shall have the following duties: pose of designating nominees from among Committee. There shall be an alternate whom the Secretary may select mem­ member for each member of the Industry (1) To act as intermediary between bers and alternate members of the In­ Committee. Each such alternate mem­ the Secretary and any grower or dustry Committee. The committee shall ber shall have the same qualifications handler; give adequate notice of any such meeting and shall be selected in the same manner (2) To keep minutes, books, and rec­ or meetings to all growers in the respec­ as the respective member for whom such ords which will clearly reflect all of its tive district. individual is to serve as alternate. The acts and transactions, and such minutes, (2) At each election meeting held to alternate for a member of the commit­ books, and records shall at all times be nominate members and alternate mem­ tee shall, in the event of the respective subject to examination by the Secretary; bers of the Industry Committee, the member’s absence, act in the place of (3) To furnish the Secretary such growers eligible tc participate therein said member; and, in the event of such available information as may be re­ shall select a chairman and a secretary member’s removal, resignation, disquali­ quested by the Secretary; therefor. The chairman of each meeting fication, or death, the alternate for said (4) To select such employees as it shall announce at such meeting the name member shall, until a successor for the may deem necessary, and to determine of each person for whom a vote has been unexpired term of said member has been the salaries and define the duties of such cast, whether as member or alternate selected, act in the place of said member. employees; member, and the number of votes cast (i) Eligibility for membership on In­ (5) To cause its books to be audited for each such person, and the chairman dustry Committee. A person nominated by one or more competent accountants at or the secretary of the meeting shall or selected to serve as a member or as least once each fiscal period, and at such forthwith transmit such information to an alternate member of the Industry other times as it deems necessary or as the Secretary or the designated repre­ Committee, for any particular period, the Secretary may request, and to file sentative of the Secretary. At each such shall be an individual grower of peaches with the Secretary a copy of each such meeting at least two nominees shall be in the respective district for which se­ audit report; 3022 FEDERAL REGISTER, Friday, April 24, 1942 (6) To prepare from time to time (16) To submit to the Secretary, prior place and stead of such member until a statements of the financial operations of to May 1 of each fiscal period, a budget successor for the unexpired term of such the committee and to make such state­ of its expenses and a proposed rate of member has been selected. ments, together with the minutes of the assessment for the then current fiscal (2) One (1) member of the Distrib­ meetings of said committee, available, period; and utors’ Advisory Committee shall be the at the office of the committee, for in­ (17) To give to the Distributors’ handler who shipped during the preced­ spection by any grower; Advisory Committee or the chairman ing marketing season the largest pro­ (7) To perform such duties in con­ thereof the same notice of meetings of portion of the total shipments of peaches. nection with the administration of sec­ the Industry Committee as is given to One (1) member of the committee shall tion 32 of the Act to Amend the Agri­ the members of the said Industry Com­ be the handler who shipped during the cultural Adjustment Act, and for other mittee. preceding marketing season the second largest proportion of the total shipments purposes, Public Act No. 320, 74th Con­ (n) Procedure. (1) The In d u stry gress (August 24, 1935), as amended, of peaches. One (1) member of the com­ Committee may, upon the selection and mittee shall be the handler who shipped as may from time to time be assigned qualification of a majority of its mem­ to the committee by the Secretary; during the preceding marketing season bers, organize and commence to func­ the third largest proportion of the total (8) To consult with any other com­ tion. A quorum shall consist of five (5) mittee established under any marketing shipments of peaches. The remaining members or alternate members then four (4) members of the committee shall agreement and order program, pursuant serving in the place and stead of any to the aforesaid act, with respect to the be selected from among other handlers, members. For any decision of the In­ and in the election of such members each handling of peaches grown in any State dustry Committee to be valid, not less or region outside of the area; handler shall be entitled to cast one (1) than five (5) affirmative votes shall be vote for each 387 bushels of peaches, or (9) To defend all legal proceedings necessary. the equivalent thereof, shipped by such against any Industry Committee member (2) The Industry Committee may handler during the preceding market­ or members (individually or as mem­ provide for the members thereof, in­ ing season for each nominee to be bers) , or any officer or employee of such cluding the alternates when acting as elected: Provided, That the aforesaid committee, arising out of any act or members, to vote by mail, telephone, tel­ three (3) members, who shall serve on omission made in good faith pursuant etypewriter, telegraph, or radiograph; the said committee, and any corpora­ to the provisions hereof; and any such vote which is not cast in tion, marketing agencies, and coopera­ (10) To select a chairman of the In­ person at a meeting shall be confirmed tive associations which designate any of dustry Committee and such other officers promptly in writing. the three said members to serve on the as it may deem advisable; (3) The committee may adopt such committee shall not participate in select­ (11) To redefine, subject to the ap­ rules, hot inconsistent with the pro­ ing any of the remaining four (4) mem­ proval of the Secretary, the districts into visions of this part, relative to the bers of the committee. Each district which the area has been divided herein, method of conducting its business as it shall be represented by at least one mem­ or change the representation, subject to may deem advisable. The Industry ber, and his respective alternate, on the the approval of the Secretary, from any Committee shall give to the Secretary committee. district on the Industry Committee; or to the designated representative of (3) Any individual person, except one (12) To authorize, whenever the com­ the Secretary the same notice of its who is a member or alternate member mittee deems it advisable, an employee meetings as is given to the members of the Industry Committee, shall be eligi­ or employees of the committee to per­ thereof. ble for membership on the Distributors’ form any ministerial duties of the com­ (o) Funds. All funds received by the Advisory Committee. The membership mittee, subject to the limitations set Industry Committee pursuant to any of the committee may include, but is not forth herein; Provided, That such au­ provision hereof shall be used solely for limited to, officers, employees, or agents thorization by the committee shall the purposes herein specified and shall of corporate handlers, marketing agen­ specify the employee or employees and be accounted'for in the following man­ cies, or cooperative associations; and in state definitely the limitation of the ner: (i) the Secretary may, at any time, the event a corporation, marketing authority thus vested in the respective require the committee and its members, agency, or cooperative association quali­ employee or employees; Provided fur­ including alternate members, to account fies, is elected, or is eligible to serve as ther, That the committee shall retain for all receipts and disbursements; and a member, under the rules in § 962.4 concurrent authority in connection with (ii) whenever any person ceases to be (p) (2), such corporation, marketing any such duties and shall not authorize a member or- alternate member of the agency, or cooperative association may any employee or employees to perform; committee, he shall account for all re­ designate an officer or employee thereof (i) any duties of the committee relating ceipts and disbursements and deliver all to serve as member or alternate member. to the recommendations to the Secretary property and funds in his hands, to­ (4) The initial meeting of handlers, at pursuant to § 962.8; or' (ii) the duties or gether with all books and records in his which members of the Distributors’ Ad­ authority of the committee relating to possession, to his successor in office or to visory Committee are to be selected, shall the establishment of rules and regula­ such person as the Secretary may desig­ be called and conducted by the Secre­ tions pursuant to the provisions and sub­ nate, and shall execute such assignments tary as soon as reasonably possible after ject to the limitations set forth herein; and other instruments as may be neces­ the effective date hereof. Each handler (13) Each season, prior to making any sary or appropriate to vest in such suc­ who desires to vote at said meeting for recommendation to the Secretary for a cessor or in such designated person the the selection of members of the Distribu­ regulation of shipments pursuant to right to all the property, funds, or claims tors’ Advisory Committee shall file with § 962.8, to determine the marketing pol­ vested in such member. the Secretary an affidavit stating the icy to be followed during the ensuing (p) Distributors’ Advisory Committee. volume of his shipments and sales of season and to submit a report of such (1) A Distributors’ Advisory Committee peaches during the preceding marketing policy to the Secretary as required by consisting of seven (7) members, se­ season. Election meetings held subse­ § 962.6 (a) ; lected by the handlers in accordance with quent to the initial meeting shall be (14) To supervise, either when regula­ the provisions hereof, is hereby estab­ called and conducted by the Industry tion is in effect or is not in effect pur­ lished. There shall be an alternate for Committee not later than April 15 of suant to § 962.8, the maturity regulation each member of such committee. Each each fiscal period; and each handler who of shipments pursuant to § 962.7, and alternate member shall be designated by desires to vote thereat shall file with the also to supervise any regulation of ship­ the respective person for whom he serves Industry Committee, prior to the respec­ ments pursuant to § 962.8; as alternate. An alternate member shall, tive meeting, a statement including the (15) To establish such other commit­ in the event of such member’s absence volume of his shipments and sales of tees or subcommittees to aid the Indus­ from a meeting of the committee, act peaches during the preceding marketing try Committee in the performance of its in the place and stead of such member, season. duties hereunder as the Industry Com­ and, in the event of a vacancy in the (5) The Distributors’ Advisory Com­ mittee may deem advisable; office of such member, shall act in the mittee may submit its recommendations FEDERAL REGISTER, Friday, April 24, 1942 3023 to each meeting of the Industry Commit­ Before making any recommendation pur­ (b) Modification. The Industry Com­ tee relative to recommendations with re­ suant to § 962.8 for a particular market­ mittee may recommend to the Secretary spect to regulations of shipments of ing season, the Industry Committee shall the modification of the maturity regu­ peaches pursuant to § 962.8. submit to the Secretary a report setting lation provided in § 962.7 (a) as to any (6) The members of the Distributors’ forth the advisable marketing policy, for or all varieties of peaches, and such rec­ Advisory Committee, and the alternate such season, for peaches. Such mar­ ommendation should be accompanied by members of such committee when acting keting policy report shall set forth the supporting information. If the Secre­ for members, may be reimbursed, by the estimated regulation or regulations tary finds, upon the basis of such recom­ Industry Committee, for expenses neces­ which may be recommended by the com­ mendation and information submitted sarily incurred by them in attending each mittee during such season, the justifica­ by said committee, or upon the basis of meeting of the Advisory Committee. tion therefor, and the estimates and other available information, that to mod­ § 962.5 Expenses and assessments— other factors enumerated in § 962.6 (b). ify such maturity regulation as to any (a) Expenses. The Industry Committee In the event the committee deems it ad­ or all varieties of peaches will tend to is authorized to incur such expenses as visable to alter such marketing policy, effectuate the declared policy of the act, the Secretary finds may be necessary in subsequent to submitting a report there­ he shall so modify such regulation. Such order to enable the committee to per­ on to the Secretary, the committee shall modification may include, but it is not form its functions, in accordance with the submit to the Secretary a report setting necessarily limited to, a redefinition of provisions hereof, during each fiscal forth such revised marketing policy. the maturity, of any or all varieties of period. The funds to cover such ex­ (b) Factors to be considered. In de­ peaches, established pursuant to § 962.7 penses shall be acquired by the levying of termining such marketing policy, or (a) or the specification of a tolerance assessments, as herein provided, upon such revised marketing policy, the In­ or tolerances for immature peaches. handlers. dustry Committee, after due considera­ Such modification may be made appli­ (b) Assessments. (1) Each handler tion, shall include in the report its deter­ cable during a specified period. In like who first ships peaches shall pay, upon minations and estimates of the following manner and upon the same basis, the demand, to the Industry Committee such factors and conditions: (1) the esti­ Secretary may terminate any such modi­ handler’s pro rata share of the expenses mated total quantity of each variety of fication. which the Secretary finds will be neces­ peaches available for shipment in each (c) Suspension. The Industry Com­ sarily incurred by the committee for its district during the season, including the mittee may recommend to the Secretary maintenance and functioning during estimated percentage of such quantity the suspension of maturity regulation each fiscal period: Provided, That no of each variety in each district which pursuant to § 962.5 (a) or § 962.5 (b), and assessment shall be paid for (i) any will be represented by each of the various each such recommendation should be ac­ shipment of peaches for manufacturing, grades and sizes; (2) the estimated date companied by supporting information. processing, canning, or conversion into that peaches of each variety in each dis­ If the Secretary finds, upon the basis of by-products on a commercial scale, or trict will be mature and ready for ship­ such recommendation and information (ii) any shipment of peaches for con­ ment; (3) the estimated commercial submitted by said committee, or upon the sumption by a charitable institution or crop of peaches produced in competing basis of other available information, that for distribution for relief purposes or for States and the expected time of ship­ to suspend such maturity regulation will distribution by a relief agency. Such ments of peaches from such states; (4) tend to effectuate the declared policy of handler’s pro rata share of such expenses the anticipated competition to peaches the act, he shall suspend the operation of shall be equal to the ratio between the from other fruits and melons; (5) the such maturity regulation so as to permit total assessable quantity of peaches estimated market prices and marketing the shipment of peaches, the shipment shipped by such handler as the first conditions that are expected to prevail of which would otherwise be prohibited shipper thereof, during the applicable for peaches grown in the area; (6) the pursuant hereto. Such suspension may fiscal period, and the total assessable estimated harvesting and marketing be made applicable during a specified quantity of peaches shipped by all han­ costs and charges that are expected to period. In like manner and upon the dlers as the first shippers thereof during apply to peaches grown in the area; (7) same basis, the Secretary may terminate the same fiscal period. The Secretary the level and trend in commodity prices any such suspension. shall specify the rate of assessment to be and consumer purchasing power; and § 962.8 Grade and size regulations— paid by such handlers. (8) other factors which the Industry (a) Industry Committee recommenda­ (2) The Secretary may, at any time Committee deems pertinent to the regu­ tion. Whenever the Industry Commit­ during or after a fiscal period, increase lation of the maketing of peaches. tee deems it advisable to limit the ship­ the rate of assessment in order to secure (c) Notice shall be given. The In­ ment of any or all varieties of peaches sufficient funds to cover any later find­ dustry Committee shall promptly notify pursuant to this section, it shall recom­ ing by the Secretary relative to the ex­ handlers and growers regarding any mend to the Secretary the particular penses of the Industry Committee. Any marketing policy report in such manner grades or sizes, or both, deemed advis­ such increase in the rate of assessment as may be reasonably expected to bring able by it to be shipped during a speci­ shall be applicable to all assessable such schedules of proposed regulations, fied period. At the time of submitting peaches shipped during the specified fis­ and such other information as the com­ any such recommendation, the Industry cal period. In order to provide funds to mittee deems advisable, to the attention Committee shall submit to the Secretary enable the Industry Committee to per­ of all handlers and growers. the supporting data and information form its functions hereunder, handlers § 962.7 Maturity regulation—(a) Es­ upon which it acted in making such may make advance payment of assess­ tablishment. The Secretary shall issue recommendation, and shall give consid­ ments. an order, whenever he determines that eration among other things, to the fac­ (c) Accounting. If, at the end of any the initial Industry Committee herein tors enumerated in § 962.6 (b), required fiscal period, the assessments collected provided for is prepared to exercise its to be submitted in connection with the are in excess of expenses incurred, each powers and perform its duties herein as­ marketing policy report. The commit­ handler entitled to a proportionate re­ signed, which will provide for the reg­ tee shall submit such other data and in­ fund shall be credited with such refund, ulation pursuant to this section being formation as may be requested by the unless such handler demands payment and becoming effective at the time speci­ Secretary. The Industry Committee thereof, in which case such sum shall be fied in said order. After the effective shall promptly give adequate notice to paid to the respective handler. The In­ time specified in said order, issued pur­ all handlers and growers of any such dustry Committee may, with the ap­ suant to the provisions of this section, recommendation submitted by it to the proval of the Secretary, maintain in its no handler shall ship peaches which do Secretary. own name or in the name of its members not meet the requirements for maturity (b) Establishment of regulations. a suit against any handler for the collec­ set forth and defined in the U. S. Stand­ Whenever the Secretary finds, from the tion of such handler’s pro rata share of ards for Peaches, issued by the United recommendation and information sub­ expenses. States Department of . Agriculture, effec­ mitted by the Industry Committee, or tive April 22, 1933, or as such standards from other available information, that § 962.6 Marketing policy—(a) Must may be modified, revised, or new stand­ to limit the shipment of any or all varie­ be submitted prior to recommendation. ards promulgated. ties of peaches to particular grades or 3024 FEDERAL REGISTER, Friday, April 24, 1942 sizes, or both, would tend to effectuate (2) In the event the Industry Com­ an exemption certificate, or an appeal the declared policy of the act, he shall so mittee shall determine and report to the from the action of the committee with limit the shipment of such variety or Secretary that by reason of general crop respect to an application for an exemp­ varieties of peaches during the specified failure or any other unusual conditions tion certificate shall be final and con­ period. The Secretary shall immediately within a particular district or districts clusive. notify the Industry Committee of the it is not feasible and would not be equita­ § 962.9 Inspection and certification, issuance of each such regulation, and ble to issue exemption certificates to During any period in which the ship­ the said committee shall promptly give growers within that district or those dis­ ment of peaches is regulated pursuant adequate notice thereof to all handlers tricts on the basis set forth in the pre­ to the provisions hereof, each handler and growers. ceding subparagraphs, the Industry Com­ shall, prior to making each shipment of (c) Exemption certificates. (1) Be­ mittee may, by resolution duly adopted, peaches, cause each such shipment to be fore the institution of any limitation of specify that an exemption certificate inspected by a Federal or Federal-State shipments pursuant to § 962.8, the Indus­ shall be issued to any grower who sub­ inspector: Provided, That this require­ try Committee shall adopt procedural mits proof satisfactory to said committee ment shall not be applicable to: (a) any rules pursuant to which exemption cer­ to the effect that the respective grower shipment of peaches which has been so tificates will be issued to growers, and will be prevented because of such regula­ inspected; (b) any shipment of peaches such procedural rules shall become tion from shipping as large a percentage for manufacturing, processing, canning, effective upon approval by the Secretary. of his peaches of such variety as the or conversion into by-products on a The Industry Committee shall, after the average of all growers of such variety commercial scale; or (c) any shipment procedural rules have been approved by of peaches in the number or group of of peaches for consumption by a chari­ the Secretary, give adequate notice districts specified or enumerated in the table institution or for distribution for thereof to all handlers and growers. In resolution thus adopted by the committee. relief purposes or for distribution by a the event the Secretary issues a regula­ (3) The Industry Committee may au­ relief agency. Each handler shall, tion pursuant to § 962.8, the Industry thorize an employee to receive applica­ promptly after making each shipment Committee shall determine the per­ tions for exemption certificates, make the of peaches, submit to the Industry Com­ centage which the grades or sizes, or necessary investigation with regard to mittee a copy of the certificate or mem­ both, of each variety of peaches per­ whether an exemption certificate should orandum issued by the Federal-State mitted to be shipped from each district, be issued and, if so, the quantity of inspection service with regard to the re­ by such regulation issued by the Secre­ peaches which should be thus exempted, spective shipment of peaches, and such tary, is of the total quantity of each and issue for and on behalf of the com­ certificate or memorandum shall state variety of peaches which could be mittee an exemption certificate: Pro­ the maturity of the peaches in such shipped from the respective district in vided, That the committee shall not au­ shipment, and in the event of grade the absence of the grade or size regula­ thorize an employee or employees (i) to regulation such certificate or memoran­ tion, or both. An exemption certificate determine the grades or sizes, or both, dum shall also state the grade or grades shall thereafter be issued to any grower which could be shipped in the absence of of peaches in such shipment, and in the who furnishes proof, satisfactory to the any regulation; (ii) determine for any event of size regulation such certificate Industry Committee, that he will be pre­ district or districts, the percentage that or memorandum shall also state the size vented, because of the regulation estab­ the quantity of a particular variety or or sizes of peaches in such shipment. lished, from shipping a percentage of a varieties of peaches permitted to be The aforesaid certificate or memoran­ particular variety of his peaches equal shipped pursuant to grade or size regula­ dum shall also state whether the peaches to the percentage of all peaches of that tion, or both, is of the quantity which in the respective shipment meet the re­ particular variety permitted to be could be shipped in the absence of grade quirements of the maturity, grade, and shipped from the respective district, or size regulation, or both; or (iii) des­ size regulations, respectively, effective as determined by the Industry Com­ ignate a group or number of districts pursuant hereto. mittee. Such exemption certificate shall to be used as the area which, because § 962.10 Compliance. Except as pro­ permit the respective grower to whom of general crop failure or any other ex­ vided herein, no handler shall ship the certificate is issued to ship such traordinary conditions within a particu­ peaches, the shipment of which has been quantity of the particular variety of lar district or districts, shall be used prohibited in accordance herewith; and peaches of the regulated grades or in calculating or determining the average no handler shall ship peaches except in sizes, or both, of such variety as will en­ percentage of a variety of peaches that conformity to the provisions hereof and able such grower to ship or to have could be shipped by all growers, as the provisions of the regulations, if any, shipped as large a percentage of such aforesaid. issued by the Secretary pursuant to the variety of the respective grower’s peaches (4) If any grower is dissatisfied with provisions hereof. as the average percentage of that par­ the determination of an employee or § 962.11 Shipments which are exempt. ticular variety of peaches that is per­ employees who have exercised jurisdic­ Peaches shipped for consumption by a mitted to be shipped by all growers in tion with regard to the application sub­ charitable institution or for distribution the respective district. No exemption mitted by the respective grower, such for relief purposes or for distribution by certificate shall be granted to include grower may appeal to the Industry Com­ a relief agency or peaches shipped for peaches which do not meet the require­ mittee: Provided, That such appeal must manufacturing, processing, canning or ments of the maturity regulation issued be taken promptly after the decision by conversion into by-products on a com­ pursuant to § 962.7. The Industry Com­ the respective employee or employees. mercial scale shall be exempt from the mittee shall maintain a record of all If any grower is dissatisfied with the de­ provisions of §§ 962.5 to 962.9, inclusive. applications submitted for exemption termination by the Industry Committee The Secretary shall prescribe, on the certificates pursuant to the provisions of with respect to the grower’s application basis of the recommendation and the in­ this section; and the committee shall for an exemption certificate or with re­ formation which shall be submitted to maintain a record of all certificates is­ gard to an appeal, as aforesaid, by said the Secretary by the Industry Committee, sued, including the information used in grower from the determination of an em­ or on the basis of any other available determining in each instance the quan­ ployee or employees, such grower may information, adequate safeguards to pre­ tity of peaches thus to be exempted, and appeal to the Secretary: Provided, That vent peaches, exempted by the provi­ a record of all shipments of exempted such appeal shall be taken promptly after sions of this section, from entering the peaches; and such additional informa­ the determination by the committee. commercial channels of trade for con­ tion shall be recorded in the records of The Secretary may, upon an appeal as sumption in fresh form. the committee as the Secretary may spec­ aforesaid, modify or reverse the action § 962.12 Reports. For the purpose of ify. The Industry Committee shall of the committee from which such ap­ enabling the Industry Committee to per­ from time to time submit to the Sec­ peal was taken. The authority of the form its functions and duties pursuant to retary reports stating in detail the num­ Secretary to supervise and control the the provisions hereof, each handler shall ber of exemption certificates issued, the issuance cf exemption certificates is un­ furnish to the committee such informa­ quantity of peaches thus exempted, and limited and plenary; and any determina­ tion, in such form and at such times and such additional information as may be tion by the Secretary with respect to an substantiated in such manner as shall be requested by the Secretary. exemption certificate, the application for prescribed by the committee and ap- FEDERAL REGISTER, Friday, April 24, 1942 3025 proved by the Secretary, as may thus be such termination. The procedural rules applicability thereof to any other per­ requested by the committee with regard governing the activities of said trustees, son, circumstance, or thing, shall not be to each shipment of peaches. including but not being limited to the affected thereby. § 962.13 Right of the Secretary. The determination as to whether action shall § 962.20 Amendments. Amendments members of the Industry Committee, in­ be taken by a majority vote of the trus­ hereto may be proposed, from time to cluding successors and alternates thereof, tees, shall be prescribed by the Secretary. time, by the Industry Committee or by and any agent or employee appointed or (2) The said trustees shall continue in the Secretary. employed by the committee, shall be such capacity until discharged by the § 962.21 Effect of termination or subject to removal or suspension at any Secretary; and shall, from time to time, amendment. Unless otherwise expressly time by the Secretary. Each and every account for all receipts and disburse­ provided by the Secretary, the termina­ order, regulation, determination, de­ ments and deliver all property on hand, tion hereof or of any regulation issued cision, or other act of each committee together with all books and records of pursuant hereto, or the issuance of any provided for herein shall be subject to the Industry Committee and of the trus­ amendment to either thereof, shall not the continuing right of the Secretary to tees, to such person as the Secretary (a) affect or waive any right, duty, obli­ disapprove of such order, regulation, de­ may direct; and shall, upon request of gation, or liability which shall have cision, determination, or other act, and the Secretary, execute such assignments arisen prior thereto, or (b) release or upon such disapproval, at any time, such- or other instruments necessary or ap­ extinguish any violation hereof or of any action by a committee shall be deemed propriate to vest in such person the right regulation issued hereunder, or (c) af­ null and void, except as to acts done in to all of the funds, property, and claims fect or impair any right or remedy of reliance thereon or in compliance there­ vested in the committee or the trustees the United States, or of the Secretary, with prior to such disapproval by the pursuant hereto. or of any other person with respect to. Secretary. (3) Any person to whom funds, prop­ any such violation. § 962.14 Effective time and termina­ erty, or claims have been transferred or tion—(a) Effective time. The provisions delivered by the Industry Committee or Issued at Washington, D. C., this 23d hereof shall become effective at such its members, pursuant to this section, day of April, 1942, to be effective on and time as the Secretary may declare above shall be subject to the same obligations after 12:01 a. m., e. w. t., April 27, 1942. his signature attached hereto, and shall imposed upon the members of said com­ Witness my hand and the seal of the continue in force until terminated in one mittee and upon the said trustees. Department of Agriculture. of the ways hereinafter specified. (4) Any funds collected for expenses [seal] Claude R. Wickard, (b) Termination. (1) The Secretary pursuant to the provisions hereof and Secretary of Agriculture. may, at any time, terminate the pro­ held by such trustees or such other per­ [F. R. Doc. 42-8616; Filed, April 23, 1942; visions hereof by giving at least one (1) son, over and above amounts necessary 11:24 a. m.] day’s notice by means of a press release to meet outstanding obligations and the or in any other manner which he may expenses incurred necessarily by the determine. trustees or such other person in the per­ (2) The Secretary may terminate or formance of their duties hereunder, shall, TITLE 25—INDIANS suspend the operation of any of the pro­ as soon as practicable after the termina­ visions hereof whenever he finds that tion hereof, be returned to the handlers Chapter I—Office of Indian Affairs any such provision does not tend to ef­ pro rata in proportion to their contri­ Subchapter L—Irrigation projects, operation fectuate the declared policy of the act. butions made pursuant hereto. and maintenance (3) The Secretary shall terminate the § 962.15 Duration of immunities. provisions hereof at the end of any fiscal The benefits, privileges, and immunities Part 130—Orders F ixing Operation and period whenever he finds, by referendum conferred upon any person by virtue Maintenance Charges1 or otherwise, that such termination is hereof shall cease upon the termination COLVILLE INDIAN IRRIGATION PROJECT, favored by the majority of the growers hereof, except with respect to acts done WASHINGTON who, during such representative period under and during the existence hereof. as may be determined by the Secretary, § 962.16 Agents. The Secretary may, April 13, 1942. have been engaged in the production of by designation in writing, name any per­ This order as amended by the Assistant peaches for market: Provided, That such son, including any officer or employee Secretary of the Interior on March 18, majority has, during such representa­ of the Government, or name any bureau 1941 (6 F.R. 1624), is further amended tive period, produced for market more or division in the United States Depart­ by modifying §§ 130.9 and 130.10a thereof than fifty (50) percent of the volume of ment of Agriculture to act as his agent to read as follows: such peaches produced for market with­ or representative in connection with any § 130.9 Charges. Pursuant to the pro­ in the area; but such termination shall of the provisions hereof. visions of the Act of August 1, 1914 (38 be effective only if announced on or § 962.17 Derogation. Nothing con­ Stat. 583; 25 U.S.C. 385), the annual op­ before the last day of February of the tained herein is, or shall be construed eration and maintenance charges are then current fiscal period. The Secre­ to be, in derogation or in modification hereby fixed for the lands under the sev­ tary shall hold such a referendum with­ of the rights of the Secretary or of the eral units, in the amounts hereinafter in the period beginning on September 1, United States to exercise any powers named, on the Colville Indian Irrigation 1944, and ending April 1, 1945, and also granted by the act or otherwise, or, in Project, Washington: each succeeding two years, within the accordance with such powers, to act in same seven-months’ period, to deter­ the premises whenever such action is The per acre per annum rates for the mine whether the termination hereof is deemed advisable. following units are: Nespelem Unit $1.25; favored, as aforesaid, by growers. Little Nespelem Unit $1.25; Hall Creek- § 962.18 Personal liability. No mem­ Twin Lakes Unit $2. All patent in fee (4) The provisions hereof shall, in ber or alternate of said Industry Com­ any event, terminate whenever the pro­ lands and all Indian trust lands to which mittee, nor any employee thereof, shall water can be delivered for irrigation and visions o f. the act authorizing them be held personally responsible, either in­ cease to be in effect. on which applications for water service dividually or jointly with others, in any are made by the water users and ap­ (c) Proceedings after termination. way whatsoever, to any handler or to (1) Upon the termination of the pro­ proved by the Superintendent of the In­ any person for errors in judgment, mis­ dian reservation and the Irrigation Proj­ visions hereof, the then functioning takes, or other acts, either of commis­ members of the Industry Committee ect Engineer, are subject to the respec­ sion or omission, as such member, tive rates. shall continue as trustees, for the pur­ alternate, or employee, except for acts pose of liquidating the affairs of the Monse Pumping Unit; the annual of dishonesty. charge each season, May 20 to September said committee, of all the funds and § 962.19 Separability. If any provi­ 20, shall be $5 per acre. Water may be property then in the possession of or sion hereof is declared invalid, or the under control of such committee, in­ applicability thereof to any person, cir­ 1 The operation of the San Pail and Hall cluding claims for any funds unpaid or cumstance, or thing is held invalid, the Creek Cooperative Units has been discon­ property not delivered at the time of validity of the remainder hereof, or the tinued. No. 80----- 2 3026 FEDERAL REGISTER, Friday, April 24, 1942 delivered during the additional months, It is ordered, That, pending final dis­ tion 4 H (d) of the Bituminous Coal upon approval of applications therefor, position of the above-entitled matter, Act of 1937. at the rate of $1.25 per month. The mini­ temporary relief is granted as follows: It is further ordered, That the relief mum charge shall be for one<-half month. Commencing forthwith, § 321.7 (Al­ herein granted shall become final sixty These charges shall apply to all patent phabetical list of code members) is (60) days from the date of this Order, in fee lands for which there are water amended by adding thereto Supplement unless it shall otherwise be ordered. contracts, regardless of whether water R, and § 321.24 (General prices) is No relief is granted herein as to coals is requested, and to Indian trust lands on amended by adding thereto Supplement of the Oak Valley Mine (Mine Index which applications for water are made T, which supplements are hereinafter No. 3453) and the Holden Mine (Mine by the water users and approved by the set forth and hereby made a part hereof. Index No. 3454) of the P & G Coal Com­ Superintendent of the Indian reservation It is further ordered, That pleadings pany, for the reasons set forth in an and the Irrigation Project Engineer. in opposition to the original petition in Order severing that portion of Docket § 130.10a Payments, Mouse Pumping the above-entitled matter and applica­ No. A-1354 which relates to them and Unit. The annual operation and main­ tions to stay, terminate or modify the designating such portion as Docket No. tenance charges for lands under the temporary relief herein granted may be A-1354 Part II, granting temporary re­ Monse Pumping Unit for the irrigation filed with the Division within forty-five lief in part, and scheduling a hearing season, May 20 to September 20 of each (45) days from the date of this Order, therein. year, may be paid in four installments. pursuant to the Rules and Regulations Each installment shall be at the rate of Governing Practice and Procedure be­ Dated: April 11, 1942. $1.25 per each irrigable acre of land. fore the Bituminous Coal Division in [seal] Dan H. Wheeler, The first installment shall be due April 1 Proceedings Instituted Pursuant to sec- Acting Director. of each year and become delinquent if unpaid on June 20 following. The second Temporary and Conditionally P inal Effective Minimum Prices for D istrict No. 1 installment shall be due on July 1 of each Note : The material contained In these supplements is to be read in the light of the classifi­ year and become delinquent if unpaid on cations, prices, instructions, exceptions and other provisions contained in Part 321, Minimum July 31 following. The third install­ Price Schedule for District No. 1 and supplements thereto. ment shall be due on August 1 each year and become delinquent if unpaid on FOR ALL SHIPMENTS EXCEPT TRUCK August 31 following. The fourth install­ ment shall be due on September 1 each § 321.7 Alphabetical list of code members—Supplement R year and become delinquent if unpaid on [Alphabetical listing of code members having railway loading facilities, showing price classifications by size group Nos. ] September 30 following. Payment shall be made in advance at the rate of $1.25 per month for services in addition to the irrigation season. Code member Mine name Shipping point Railroad 1 2 3 4 5 a (38 Stat. 583, 45 Stat. 210; 25 U.S.C. d>a s group No.

385, 387) MineindexNo. GQ Oscar L. Chapman, j Sub. dist No. I Freight origin Assistant Secretary. 3417 Caltagarone, Joseph, Caltagarone...... 5 B Fuller, Pa...... PRR__ 122 (t) (t) E (í) (t) James, and Paul (Joseph [F. R. Doc. 42-3604; Filed, April 23, 1942; Caltagarone). 336 Eyerie, James F. (Hillside Moshannon #10. 14 B Osceola Mills, Pa. PRR__ 45 G (t) (*) GG 9:29 a. m.J Coal Company). 3451 Eyerie, James F. (Hillside Beaver #4...... 14 C Osceola Mills, Pa. PRR.... 45 (t) (Í) F (t) (t) Coal Company). 3452 K & R Coal Company River Hill #2.... 9 C Winbume, Pa___ NYC... 44 E (t) E (t) E (Arthur Rydberg). 2116 Stutzman& Sons, W. E __ 37 D Friedens, Pa...... B&O__ 100 (t) it) B (t) (t) TITLE 30—MINERAL RESOURCES 3418 Tartan Coal Mining Com­ Tartan...... 4 D Rimersberg, P a ... PRR.... 90 (t) (t) G H (I) pany, c/o M. H. F. Walk­ over. Chapter III—Bituminous Coal Division 3455 Wall work Coal Company Hillside #3...... 4 E Hawthorn, Pa___ PRR__ 76 GGGHH (J. C. Wallwork); {Docket No. A-1354] P art 321—Minimum Price Schedule, ‘When shown under a Size Group Number, this symbol indicates coals previously classified for this Size Group. District No. 1 {When shown under a Size Group Number, this symbol indicates no classification effective for this Size Group.

ORDER GRANTING TEMPORARY RELIEF AND FOR TRUCK SHIPMENTS CONDITIONALLY PROVIDING FOR FINAL RE­ LIEF IN THE MATTER OF THE PETITION OF § 321.24 General prices—Supplement T DISTRICT BOARD NO. 1 FOR THE ESTABLISH­ [Prices in cents per net ton for shipment into all market areas] MENT OF PRICE CLASSIFICATIONS AND M INIM UM PRICES FOR THE COALS OF CER­ TAIN MINES IN DISTRICT NO. I An original petition, pursuant to sec­ tion 4 II (d) of the Bituminous Coal Act

of 1937, having been duly filed with this Code member index Mine County fied R/M Division by the above-named party, re­ screened top size 2" and over size size 2" and under ■ All lump coal double questing the establishment, both tem­ 2" and under slack 1 1 Run of mine modi­ porary and permanent, of price classifi­ I Double screened top j 94" and under slack j o , cations and minimum prices for the Subdistrict No. 1 2 3 4 j j Seam J J coals of certain mines in District No 1; j Mine index No. and 3417 5 B 226 It appearing that a reasonable show­ (Joseph Caltagarone). Eyerly, James F. (Hillside Coal Company). 336 Moshannon #10... 14 Centre___ B 240 <*) 205 195 ing of necessity has been made for the 3451 14 O 220 granting of temporary relief in the man­ K & R boal Company (Arthur Rydberg)... 3452 River Hill #2...... 9 Clearfield. O 250 __ 225 __ 205 3220 8 A 210 ner hereinafter set forth; and 3415 6 E 220 No petitions of intervention having Tartan boal Mining Company c/o M. H. F. 3418 Tartan...... 4 Clarion__ D 240 215 215 200 190 Walkover. been filed with the Division in the above- 3455 Hillside #3...... 4 Armstrong E 240 215 215 200 190 entitled matter; and Wallwork Coal Company (J. O. Wallwork). The following action being deemed necessary in order to effectuate the pur­ •When shown under a Size Group Number, this symbol indicates coals previoulsy classified for this Size Group. poses of the Act; [F. R. Doc. 42-3575; Filed, April 22, 1942; 10:59 a. m .] FEDERAL REGISTER, Friday, A pril 24, 1942 3027 [Docket Nos. A-1174 and A-1175] from Reidsburg to Ashtabula via the As far as the request for an additional New York Central. Hie only point is loading point at Reidsburg is concerned, F art 321—M inim um P rigs Schedule, that the capacity of the dock at Ashta­ there can be no objection; but the relief D istrict No. 1 bula is greater than that of the dock at requested as far as Kaylor is concerned FINDINGS OP PACT, CONCLUSIONS OP LAW, Erie, and dumping is more prompt even is somewhat unusual in that the peti­ MEMORANDUM OPINION AND ORDER IN THE though the tonnage handled at Ashta­ tioner, whose mine Is located in District MATTER OP THE PETITION OF RIMERSBURG bula is greater than that handled at Erie. No. 1 seeks a loading point in District COAL MINING CO., IN C ., A CODE MEMBER IN It appears from the record that the No. 2. Mines in one district should be DISTRICT NO. 1 FOR THE ESTABLISHMENT mines in District 2 on the Western Alle­ given loading points fin a different dis­ OP AN ADDITIONAL LOADING POINT AT gheny Railroad which would be competi­ trict only when it is absolutely necessary. REIDSBURG, PENNSYLVANIA, ON THE NEW tive with the Rimersburg Coal Mining Such is not the case here. To grant YORK CENTRAL RAILROAD, AND IN THE MAT­ Company on shipments to Erie must in­ the additional loading point at Kaylor TER OP THE PETITION OP RIMERSBURG COAL crease their prices by as much as 45 would give petitioner a competitive ad­ MINING CO., A CODE MEMBER IN DISTRICT cents on shipments to Market Area 10 vantage over producers in District 2. NO. I, FOR THE ESTABLISHMENT OF AN as provided by Footnote 17 in § 322.7 in While this could be offset by raising pe­ ADDITIONAL LOADING POINT AT KAYLOR, the Schedule of Effective Minimum titioner’s f. o. b. mine price when his PENNSYLVANIA, ON THE WESTERN ALLE­ Prices for District No. 2; and mines in coal was shipped from these District 2 GHENY RAILROAD District No. 2 on the Western Allegheny loading points, there is no indication that Railroad which would ship coal hi com- petitioner desires such relief. This is a proceeding instituted upon petiton with Rimersburg Coal Company Upon the basis of uncontroverted evi­ two petitions dated November 13, 1941, to Market Area 4, must increase their dence in this proceeding, I find and con­ filed on November 22, 1941, with the Bi­ prices by approximately 15 cents (§ 322.7 clude that the granting of an additional tuminous Coal Division, pursuant to sec­ in the Schedule of Effective Minimum loading point to the petitioner at Reids­ tion 4 11(d) of the Bituminous Coal Act Prices for District No. 2) on shipments burg, Pennsylvania, and the establish­ of 1937 by the Rimersburg Coal Mining to that market area. ment of minimum prices at that point Company, Inc., a code member In District W. C. Altvater, a member of the Mar­ for coals produced at the petitioner’s No. 1, revesting that the same minimum keting and Classifications Committee of mine would effectuate the purposes of prices be established for coal produced District Board No. "2 testified on behalf sections 4 n (a) and (b) of the Act and at the Fox Mine of the petitioner, Mine of that Board that Erie,'Pennsylvania in comply with the standards thereof. Index No. 2989, when shipped from load­ Market Area Iff does not constitute a I further find that the granting of ing facilities at Reidsburg, Pennsylvania, natural market for coals of the petitioner an additional loading point to the peti­ on the New York Central Railroad, and and that the mines of Clarion County tioner at Kaylor, Pennsylvania, and the Kaylor, Pennsylvania, on the Western have never been in a competitive posi­ establishment-of minimum prices at that Allegheny Railroad, as have been pre­ tion with the mines of District 2 as far point for coals produced at the peti­ viously established for said coal when as this market area is concerned. He tioner’s mine would not effectuate the shipped from the present loading point, further testified that granting of the ad­ purposes of sections 4 II (a) and (b) of 1. e., Rimersburg, on the Sligo Branch of ditional loading point requested at Kay­ the Act nor comply with the standards the Pennsylvania. lor would not preserve the existing com­ thereof. Pursuant to an Order of the Acting petitive opportunities of code members Now, therefore, it is ordered, That the Director dated December 11, 1941, the in District 2 and would not be in line request of the petitioner, Rimersburg above-entitled matters were consolidated with the coordination between Districts Coal Company, for the establishment of and a hearing on this matter was held 1 and 2, as set up in General Docket classifications and minimum prices at on January 13, 1942, before Edward J. No. 15. the additional loading point, Reidsburg, Hayes, a duly designated Examiner of While there appears to be a difference Pennsylvania, be, and the same hereby the Division at a hearing room in Wash­ between the freight rates on commercial is granted, in accordance with Supple­ ington, D. C. All persons were afforded shipments from Rimersburg to Erie, ment R, § 321.7 (Alphabetical list of code an opportunity to be present, adduce Reidsburg to Erie and Kaylor to Erie, members), attached hereto and made a evidence, cross-examine witnesses and the testimony indicates that it is not part hereof. otherwise be heard. The petitioner, anticipated that much tannage will be It is further ordered, That the request Rimersburg Coal Mining Company, ap­ shipped from either of these additional of the petitioner for the establishment of peared as well as District Board No. 1, loading points to Erie for commercial classifications and minimum prices at District Board No. 2, District Board No. purposes. However, while petitioner will the additional loading point, Kaylor, 3, District Board No. 6 and the Bitumi­ be authorized to ship coal from. Reids­ Pennsylvania, be, and the same hereby nous Coal Consumers’ Counsel. burg he will be assigned the prices and is, denied. The preparation and filing of a report freight origin group based upon ship­ Dated: April 11, 1942. by the Examiner was waived and the ments from that point so that he will [seal] D an H. Wheeler, matter was thereupon, submitted to the receive no competitive advantage. Acting Director. . undersigned. It appears from the record that the District No. 1 mine of the petitioner (Mine Index No. N o t e : The material contained in this supplement is to b e read in the light of the c la ss ifi­ 2989) is located in Tobey Township, cations, prices, instructions, exceptions and other provisions contained in Part 821, Minimum Clarion County, Pennsylvania, in Dis­ Price Schedule for District No. 1 and supplements thereto. trict No. 1, approximately l l/z miles from FOR ALL SHIPMENTS EXCEPT TRUCK Rimersburg on the Pennsylvania Rail­ road, which is the present loading point § 321.7 Alphabetical list of code members—Supplement R for rail shipments from this mine. One [Alphabetical listing of code members having railway loading facilities, showing price classifications by size of the additional loading points re­ group numbers] quested, namely Reidsburg, is located in District No. 1, approximately 12 miles by truck haul from Rimersburg while the other, Kaylor, is located in District Code member Mine name Shipping point Railroad 1 2 3 4 5

No. 2, approximately 15 miles by truck a group No. haul from Rimersburg.

C. W. Corbett, Assistant to the Presi­ I dent of the Rimersburg Coal Mining fReidsburg, Pa.1— N Y C ... Company testified on behalf of the peti­ 2989 Rimersburg Coal Mining Co. Fox ...... 4 B (.Rimersburg, P a... PRR__ }9! GGGHH tioner. The evidence shows that there Inc. is no difference between the freight^rate 1 Denotes additional shipping point and new Freight Origin Group. Freight Origin Group No. 90 shall no longer from Rimersburg to Erie on the Penn­ be applicable. sylvania for lake movement and the rate [F. R. Doc. 42-3676; Filed, April 22, 1942; 10:59 a. m.] 3028 FEDERAL REGISTER, Friday, April 24, 1942 [Docket No. A-1404] It is ordered, That, pending final dis­ [Docket No. A-738] position of the above-entitled matter, P art M inim um P rice Schedule, P art 324—Minim um P rice Schedule, 335— temporary relief is granted as follows: D istrict No. 15 District No. 4 Commencing forthwith, § 324.24 (Gen­ ORDER APPROVING AND ADOPTING THE PRO­ ORDER GRANTING TEMPORARY RELIEF AND eral prices in cents per net ton for ship­ POSED FINDINGS OF FACT, PROPOSED CON­ CONDITIONALLY PROVIDING FOR FINAL RE­ ment into all market areas) in the CLUSIONS OF LAW, AND RECOMMENDATIONS LIEF IN THE MATTER OF THE PETITION OF Schedule of Effective Minimum Prices for Or THE EXAMINER, AND GRANTING PERMA­ DISTRICT BOARD NO. 4 FOR THE ESTABLISH­ Truck Shipments of District No. 4 is sup­ NENT RELIEF IN THE MATTER OF THE MENT OF M INIM UM PRICES FOR THE COALS plemented to include the minimum prices PETITION OF DISTRICT BOARD NO. 15 FOR OF MINES HAVING MINE INDEX NOS. 206, set forth in the schedule marked “Sup­ THE ESTABLISHMENT OF AN ADDITIONAL 207, 335, 336, 337, AND 338 OF THE plement T,” annexed hereto and hereby PRICE CLASSIFICATION AND MINIMUM PRICE MUSKINGUM COAL COMPANY made a part hereof. FOR THE WASHED % " X 0 SCREENINGS An original petition, pursuant to sec­ It is further ordered, Tha£ pleadings PRODUCED IN DISTRICT N O . 15 tion 4 II (d) of the Bituminous Coal Act in opposition to the original petition in the above-entitled matter and applica­ This proceeding having been instituted of 1937, having been duly filed with this upon an original petition, filed with the Division by the above-named party, re­ tions to stay, terminate or modify the temporary relief herein granted may be Bituminous Coal Division, pursuant to questing the establishment, both^ tem­ section 4 II (d) of the Bituminous Coal porary and permanent, of minimum filed with the Division within forty-five (45) days from the date of this Order, Act of 1937, by District Board 15, re­ prices for the coals of the mines having questing the amendment of the District Mine Index Nos. 206, 207, 335, 336, 337, pursuant to the Rules and Regulations 15 price schedules by providing for a size and 338 of the Muskingum Coal Com­ Governing Practice and Procedure before group to be designated as washed screen­ pany; and the Bituminous Coal Division in Proceed­ ings %" x 0 (described as washed coal It appearing that a reasonable show­ ings Instituted Pursuant to section 4 n passing through a screen with openings ing of necessity has been made for the (d) of the Bituminous Coal Act of 1937. not over % " from which no coal has granting of temporary relief in the man­ It is further ordered, That the relief been removed), and providing a price in ner hereinafter set forth; and herein granted shall become final sixty such price schedules of 20 cents per ton No petitions of intervention having (60) days from the date of this Order, less than the price applicable to Size been filed with the Division in the above- unless it shall otherwise be ordered. Group 13 (washedscreenings—d 1/*" x 0); entitled matter; and Dated: April 11,1942. A hearing in this matter having been The following action being deemed held, and the Director having entered on necessary in order to effectuate the pur­ [seal! D an H. W heeler, August 13, 1941^ an Order denying the poses of the Act; Acting Directoi. relief sought; On August 29, 1941, District Board 15 T emporary and Conditionally F inal E ffective Minim um P rices for D istrict N o. 4 having filed a petition for reconsidera­ tion of the subject matter, wherein it N o t e : The material in this “Supplement T” is to be read in the light of the classifications, again requested the Director to grant prices, instructions, exceptions and other provisions contained in Part 324, Minimum Price the relief prayed for, or, in the alter­ Schedule for District No. 4 and supplements thereto. native, to reopen' the matter so that the FOR TRUCK SHIPMENTS « petitioner might submit “additional ex­ pert testimony and expert opinion as to § 324.24 General prices in cents per net ton for shipment into all market areas— the actual necessity for the establishment Supplement T of the size classification and price” re­ quested; Base sizes Pursuant to appropriate Order of the Director, a rehearing in this matter hav­ 60 ing been held before W. A. Cuff, a duly 60 ©60 68 © & designated Examiner of the Division, at *b H *0 a hearing room thereof in Washington, O. X Ü D. C., at which all interested persons k + » a 0 were afforded an opportunity to be pres­ Code member index Mine 60 0 Mo d aS ent, adduce evidence, cross-examine wit­ •o i © 1 rw Ë o Q nesses, and otherwise be heard; ri» H fl H H The Examiner having submitted his k 2 k Report, Proposed Findings of Fact, Pro­ j j 6“ lump posed Conclusions of Law, and Recom­ 1 2 34 5 6 r 8 mendations in this matter, dated March

| | Mine index No. 1 Seam 6, 1942; an opportunity having been**af- \ Subdistrict N o. 6, Crooksvillk forded to all parties to file exceptions thereto and supporting briefs; no such MUSKINGUM COUNTY exceptions or supporting briefs having Muskingum Coal Company, The__ Muskingum-Jones No. 6...... 206 6 280 270 260 235 230 195 165 165 been filed; Muskingum Coal Company, The— Muskingum-Jones No. 7 ..___ 207 6 280 270 260 235 230 195 165 165 The undersigned having determined Muskingum Coal Company, T h e ... Muskingum-Jonès No. 8____ 335! » 280 270 260 235 230 195 165 165 Muskingum Coal Company, T h e ... Muskingum-Jones No. 9____ 336' 6 280 270 260 235 230 195 165 165 that the Proposed Findings of Fact and Muskingum Coal Company, The— Muskingum-Jones No. 10___ 3371 6 280 270 260 235 230 195 165 165 Proposed Conclusions of Law of the Ex­ Muskingum Coal Company, The— Muskingum-Jones No. 11____ 338 6 280 270 260 235 230 195 165 165 am ine should be approved and adopted as the Findings of Fact and Conclusions [F. R. Doc. 42-8614; Filed, April 23, 1942; 11:20 a. m.] of Law of the undersigned; FEDERAL REGISTER, Friday, A pril 24, 1942 3029 Now, therefore, it is ordered, That the (1) “Operator” means any individual, to meet the known and fairly anticipated Proposed Findings of Fact and Proposed partnership, association, business trust, demands for service reasonably required Conclusions of Law of the Examiner in corporation, receiver, or any form of by persons set forth in paragraph (b> this matter be and the same hereby are enterprise whatsoever, whether incor­ (2) (i) above. approved and adopted as the Findings porated or not, the United States, the division or agency thereof to the extent critical material and the existing instal­ Price exceptions) in the Schedule of Ef­ engaged in telephone communication lation of central office equipment and fective Minimum Prices for District No. within, to, or from, the United States, the requirements of the users will permit; 15 for All Shipments Except Truck be its territories or possessions. (ii) Reserve idle facilities in existing and it hereby is amended by the estab­ . (2) “Exchange Line Plant” means all exchange plant; lishment of Price Exception 4 thereto as that portion of an Operator’s Local wire (iii) Regrade to such type of service follows: or cable distribution system which ex­ as will conserve scarce and critical mate­ 4. Effective minimum prices applicable tends from the central office main frame, rial whenever existing installation of cen­ to washed % " x 0 coal (described as exclusive of Drop and Block wires as de­ tral office equipment and the require­ fined in the Federal Communications ments of the users will permit. washed coal passing through a screen Commission’s uniform system of Ac­ with openings not over % " from which counts, Class A and B Telephone Com­ (5) Discontinue the use of open^éop«^ no coal has been removed and which has panies, § 31.233 (a). per line wire to provide local exchange resulted from the production oi Size service. Group 11 coals from. 1&" washed (3) Without regard to whether or not the expenditures therefor are for any (6) Wherever replacements or addi­ screenings) may be 20 cents per ton less tions are permitted by this Order, so en­ than the effective minimum prices ap­ reason required to be recorded in the Operator’s accounting records in ac­ gineer them as to limit the margins for plicable to washed lYt" x 0 (Size Group expected growth of service requirements 13) coals when sold for industrial use counts other than Maintenance and Repair: to a period not in excess of one-half the as provided in Price Instruction 9 I in period for which provision normally is said schedule: Provided, That in no case (i) “Maintenance” means the upkeep made, but In no event to exceed a pe­ shall the price applicable to washed of an Operator’s property and equipment riod of three years: Provided, however, x 0 Coal be less than the price applicable in sound working condition. That this requirement shall not require to raw iy4" x 0 coal from the same pro­ (ii) "Repair” means the restoration, the limitation of the margins of growth duction group. without thereby increasing existing fa­ to a period of less than one year: And It is further ordered, That § 335.21 cilities, of an Operator’s property and provided, further, That conductors in (Price instructions and exceptions—(b) equipment which has been rendered un­ cables designed or suitable for use with Price exceptions) in the Schedule of Ef­ safe or unfit for service by wear and tear, carrier current systems may be pro­ fective Minimum Prices for District No. damage, destruction of parts, or similar vided (but not equipped:) in such num­ 15 for Truck Shipments be and it hereby cause. bers that, when fully utilized by present is amended by the establishment of Price (b) Limitations on changes in equip­ or immediately contemplated carrier Exception 7 thereto as follows: ment and facilities. Unless expressly current system technique, they will pro­ ride for margins of expected growth of 7. Effective minimum prices applicable authorized by the Director of Industry Operations, all Operators shall: one-half the normal provision for such to washed x 0 coals (described as growth, even though such provision washed coal passing through a screen (1) Limit the replacement of all equip­ exceeds a three-year period. with openings not over % " from which ment and facilities to the essential re­ (7) Conserve or re-use existing tele­ no coal has been removed and which has quirements of maintenance, repair, or phone equipment and facilities, when­ resulted from the production of Size protection of service. ever such conservation or reuse will re­ Group 11 coals from 1Î4" washed (2) Limit additions of exchange cen­ duce the use of scarce and critical screenings) may be 20 cents per ton tral office equipment and exchange line materials. less than the effective minimum prices plant to such as are essential to the applicable to washed 1*4" x 0 (Size maintenance or protection of service or (c> No operator shall so divide a single Group 13) coals when sold for any pur­ are necessary: order, job, or project to qualify the same pose; provided that in no case shall the (i) To meet the known or fairly antici­ under the terms of this Order. price applicable to washed % " x 0 coal pated demands for service reasonably re­ (d) Non-applicability to certain re­ be less than the price applicable to raw quired by persons engaged in direct de­ placements and additions. The terms of 1 /4" x 0 coal from the same production fense or charged with responsibility for paragraph (b> shall not be construed to group. public health, welfare, or security, in­ prohibit the completion of cluding but not by way of limitation, (1) Installations of equipment when Dated: April 22, 1942. those in the service categories shown in such equipment is actually in the course [seal! D an H. W heeler, Schedule A attached hereto. of physical installation on the date of Acting Director. (ii) To provide for the installation of issuance of this Order, or of installations [P. R. Doc. 42-3613; Piled, April 23, 1942; public pay stations to meet service de­ of outside plant facilities when such fa­ 11:20 a. m.j mands in areas where a demand for such cilities are actually in the course of physi­ telephone service exists. cal installation on the date of issuance (iii) To provide minor cable exten­ of this Order. (The processing of equip­ sions, utilizing less than 100 pounds of ment or items of outside plant facilities copper, when such extensions are re­ by a manufacturer shall not constitute TITLE 32—NATIONAL DEFENSE quired to make available for use existing physical installation). Chapter IX—War Production Board idle exchange line plant not otherwise (2) Additions to central office equip­ usable. ment, the physical assembly of which has Snbch&pter B—Division of Industry Operations (3) Limit the further installation of been commenced by the manufacturer prior to the date of issuance of this Or­ P art 1095—Communications residence extensions to such as are for the essential use of persons set forth in der: Provided, however, That such addi­ GENERAL CONSERVATION ORDER L - 5 0 AS paragraph .(h) (2) (i) above. Addi­ tions are in accord with the limitations AMENDED APRIL 2 3 , 1 9 4 2 , TO LIMIT THE USE tional lines or additional stations on of paragraph (b) (6) hereof. OP SCARCE AND CRITICAL MATERIALS BY THE party lines shall not be provided as a (e) Each operator who utilizes copper WIRE TELEPHONE INDUSTRY substitute for extension stations* under the provisions of paragraph (b) § 1095.1 General Conservation Order (4) When necessary in order to avoid (2) (iii) shall report such usage to the L-50—(a) Definitions. For the purposes the addition of exchange plan and/or War Production Board on such form and of this Order: equipment and to the extent necessary in such manner as may be prescribed by 3030 FEDERAL REGISTER, Friday, April 24, 1942 the War Production Board, which form Part 1095—Communications (ii) Additions to or expansion of the shall be available to each operator af«. Operator’s existing property or equip­ fected by this Order on or before June 1, MAINTENANCE, REPAIR, AND OPERATING SUP­ ment. PLIES PREFERENCE RATING ORDER P - 1 2 9 1942. (7) “Supplier” means any person with (f) Exemption of armed services. The § 1095.2 Preference Rating Order whom a purchase order or contract has provision of paragraph (b), (except (b) P-129, (a) For the purpose of facilitat­ been placed for delivery, to an Operator (i) thereof) shall not apply to installa­ ing the acquisition of Material for (1) or another Supplier, of Material for tions for the official use of the armed the maintenance and repair of the prop­ Maintenance, Repair, or Operating Sup­ services of the United States. erty and equipment of the industries and plies. (g) Appeals. Any person affected by services, hereinafter specified, and (2) the Order whfl considers that compliance the essential operation of such industries (c) Assignment of Preference Rating. therewith would work an exceptional and services, a preference rating is Subject to the terms of this Order, Pref­ and unreasonable hardship upon him hereby assigned to deliveries of such Ma­ erence Rating A-3 is hereby assigned: may appeal to the War Production terial upon the terms hereinafter set (1) To deliveries, to an Operator, of Board, Washington, D. C., Ref: L-50, forth. Such terms shall control until Material required by him either as Op­ setting forth the pertinent facts and the such time as the War Production Board erating Supplies or for the Maintenance reason he considers he is entitled to re­ certifies specific quantities of such Mate­ or Repair of his property and equipment. lief. The Director of Industry Opera­ rial to which the preference rating herein (2) To,, deliveries to any Supplier, of tions may thereupon take such action as assigned may be applied. Material (i) required by the Operator he deems appropriate. (b) Definitions. (1) “Operator” means either as Operating Supplies or for the (h) Effective date. This Order shall any individual, partnership, association, Maintenance or Repair of his property take effect immediately and shall con­ business trust, corporation, receiver and equipment, or; (ii) to be physically tinue in effect until revoked by the Di-_ or any form of enterprise whatsoever, incorporated in other Material so re­ rector of Industry Operations. (P.D. whether incorporated or not, the United quired by the Operator. Reg. 1, as amended, 6 F.R. 6680; W.P.B. States, the District of Columbia, any Reg. 1, 7 P.R. 561, E.O. 9024, 7 P.R. 329; state or territory of the United States, (d) Persons entitled to apply Prefer­ E.O. 9040, 7 F.R. 527; sec. 2 (a), Pub. Law and apy political, corporate, adminis­ ence Rating. The preference rating 671, 76th Cong., asLamended by Pub. Law trative or other division or agency hereby assigned shall be applied where a 89, 77th Cong.) thereof, to the extent engaged in one or preference rating is required to obtain more of the following services within, material for Maintenance, Repair, or Issued this 23d day of April 1942. to or from the United States, its terri­ Operating Supplies by: J. S. Knowlson, tories or possessions: (1) An Operator: and may be applied Director of Industry Operations. (1) Wire Communication. by: (ii) Radio Communication. (2) Any Supplier, provided deliveries Telephone Service To Be Considered as to an Operator or another Supplier are for Direct Defense, Public Health, and (2) “Material” means any commodity, to be made by him, which are of the Safety for the Purposes of Order equipment, accessory, part, assembly, or kind specified in paragraph (c) and have L--50—Schedule A product of any kind. been rated pursuant to this Order. (3) “Maintenance” means the upkeep (a) Official Army, Navy, Marine Corps, of an Operator’s property and equip­ (e) Application of Preference Rating. Coast Guard and civilian defense services. (1) An Operator or Supplier, in order to (b) Official Federal, State, County and ment in sound working condition; and this without regard to whether or not apply the preference rating to deliveries Municipal Government services. of Material to him, must endorse the (c) Official agencies of Foreign Gov- the expenditures therefor are for any reason required to be recorded in the following statement on the original and -ernments. all copies of the purchase order or con­ (d) Recognized organizations serving Operator’s accounting records in ac­ counts other than Maintenance and tract for such Material signed by a re­ the health, safety, or welfare of the sponsible official duly designated for public, namely; public utilities, common Repair. (4) “Repair” means the restoration, such purpose by such Operator or Sup­ carriers, pipe lines; press associations, plier: newspapers, radio broadcasting, hospi­ without thereby increasing existing fa­ tals, clinics, and sanitoria, including cilities’ of an Operator’s property and Material for Maintenance, Repair, or Oper­ ambulance service; physicians, surgeons, equipment which has been rendered un­ ating Supplies—Rating A-3 under Preference safe or unfit for service by wear and Rating Order P-129 with the terms of which dentists, veterinarians, nurses and nurses I am famUiax. registries; manufacturers and distribu­ tear, damage, destruction of parts, or tors of drugs, surgical, medical, hospital similar cause; and this without regard (Name of operator or supplier) and dental equipment; burial services to whether or not the expenditures and equipment; Red Cross and similar therefor are for any reason required to (Signature of designated official) be recorded in the Operator’s accounting agencies; officially recognized philan­ Such endorsement shall constitute a thropic agencies, including their fund­ records in accounts other than Mainte­ nance and Repair. certification to the War Production raising offices; U. S. O. and similar or­ Board that such Material is required for ganizations; religious establishments and (5) “Operating Supplies” means any the purpose stated and that the appli­ their officiating clergy; food processing, material which is* essential to and con­ cation of the rating is authorized by this storage, and distribution. sumed in the operation of any of the Order. Any such purchase order or con­ (e) Business concerns furnishing ma­ services specified in (b) (1) above but tract for such Material shall be restricted terials or facilities, under direct or sub­ does not include any material which is to Material the delivery of which is rated contracts, to the Federal Government; physically incorporated in whole ,or in in accordance herewith. or supplies, producers, processors of ma­ part in the property or equipment of the services specified above. (2) The Operator and each Supplier terials 0r services furnished under “A” placing or receiving any purchase order priority ratings including architects, (6) Material for Maintenance, Repair or contract rated hereunder shall ¡each engineers and contractors operating or Operating Supplies for the purpose of retain for a period of two years, for under prime contracts for the Federal this Order shall not include material inspection by duly authorized represent­ Government. used for: atives of the War Production Board en­ 7 (f) Building Management offices lo­ (i) the improvement of an Operator’s dorsed copies of all purchase orders or cated in new housing developments, property or equipment through -the re­ contracts, whether accepted or rejected, f (g) Temporary extensions when es­ placement of Material which is still us­ segregated from all other purchase or­ sential in cases of serious illness. able in the existing property or equipment ders or contracts or filed in such manner [K R . Doc. 42-3629; Filed, April 23, 1942; with Material of a better kind, quality or that they can be readily segregated for 11:45 a. m.j design. j such inspection. «A- FEDERAL REGISTER, Friday, April 24, 1942 3031

(f) Restrictions of application of rat­ from the provisions of paragraph (1) Part 1095—Communications ing on supplier. (1) No supplier may above, subject to the provisions of Pri­ apply the rating to obtain Material in orities Regulation No. 1, as amended. OPERATING CONSTRUCTION PREFERENCE RAT­ greater quantities or on earlier dates (ii) Prom time to time the Director ING ORDER P - 1 3 0 than required to enable him to make on of Industry Operations may determine schedule a delivery rated hereunder or, that certain Operators are exempt in § 1095.3 Operating Construction within the limitations of (2) and (3) be­ whole or in part from the restrictions Preference Rating Order P-130, (a) low ,to replace in his inventory Material contained in paragraphs (1) and (2) For the purpose of facilitating the ac­ so delivered. He shall not be deemed to above. quisition of Material for the essential require such Material if he can make (h) Audits and reports. (1) Each Op­ operation of the industries and services his rated delivery and still retain a prac­ erator or Supplier who applies the pref­ hereinafter specified (exclusive of Ma­ ticable working minimum thereof; and if, erence rating hereby assigned, and each terials required thereby for Maintenance, in making such delivery, he reduces his person who accepts a purchase order or Repairs and Operating Supplies as set inventory below such minimum, he may contract for Material to which the pref­ forth in the War Production Board’s apply the rating only to the extent nec­ erence rating is applied, shall submit to Preference Rating Order P-129 and essary to restore his inventory to such audit and inspection from time to time amendments thereto), a preference rat­ minimum. by duly authorized representatives of the ing is hereby assigned to deliveries of (2) A Supplier who supplies Material War Production Board. such material upon the terms herein­ which he has in whole or in part manu­ (2) Each Operator shall report to the after set forth. Subject to the limita­ factured, processed, assembled, or other­ War Production Board such information tions contained in General Conservation wise physically changed may not apply as may be required, in the manner pre­ Order L-50, and supplements or amend­ the rating to restore his inventory to a scribed and according to the terms of ments thereto, such terms shall control practicable working minimum unless he forms to be made available to him on or until such time as the War Production applies the rating before completing the before June 1, 1942. Board certifies specific quantities of such rated delivery which reduces his inven­ (3) Each Operator affected by this Or­ material to which the preference rating tory below such minimum. der shall file such additional reports as herein assigned may be applied. (3) A Supplier who supplies Material may from time to time be required and (b) Definitions. For the purposes of which he has not in whole or in part directed by the Director of Industry Op­ this order: manufactured, processed, assembled, or erations. (1) “Operator” means any individual, otherwise physically changed may de­ (i) Violations. Any Operator or other partnership, association, business trust, fer application of the rating hereunder person who applies the preference rat­ corporation, receiver, or any form of en­ to purchase orders or contracts for such ing assigned hereby in wilful violation terprise whatsoever, whether Incorpo­ Material to be placed by him, until he of the terms and provisions of this Order rated or not, the United States, the Dis­ can place a purchase order or contract or who wilfully falsifies any records trict of Columbia, any state or territory for the .minimum quantity procurable which he is required to keep by this of the United States and any political, on his customary terms: Provided, That Order, or who in connection with this corporate, administrative or other divi­ he shall not defer the application of any Order wilfully conceals a material fact sion or agency thereof, to the extent en­ rating for more than three months after or furnishes false information to any gaged in telephone communication he becomes entitled to apply it. department or agency of the United within, to or from United States, its ter­ (g) Restrictions on deliveries, inven­ States, or who obtains a delivery of Ma­ ritories or possessions. tory and use. (1) Except as provided in terial by means of a material and wilful (2) “Material” means any commodity, paragraph (g) (3) below, no Operator, misstatement, is guilty of a crime, and equipment, accessory, part, assembly, or who has applied the rating assigned upon conviction may be punished by product of any kind. hereby, shall, at any time, accept deliv­ fine or imprisonment. In addition, any (3) “Operating Construction” means: eries of Material (whether or not rated such Operator or other person may be (i) The use of Materials for normal con­ pursuant to this Order) to be used for prohibited from making and obtaining struction occasioned by the connection, Maintenance, Repair, Operating Sup­ further deliveries of Material under al­ disconnection, changes, in or relocation plies or for other purposes: location and/or priority control and of subscribers’ apparatus or other equip­ (1) Until the dollar value of the Oper­ be deprived of any other priorities ment, necessary in order to provide serv­ ator’s inventory of Material shall have assistance. ice. In no single case, however, shall been reduced to a practical working (j) Revocation or modification. This the cost of Material for such operating minimum. Such practical working min­ Order may be revoked or amended by construction exceed fifty dollars ($50.00); imum shall in no event exceed 27%% the Director of Industry Operations at (ii) the relocation or installation of Cen­ of the dollar value of Material used for any time as to any Operator or Supplier. tral Office equipment as a part of the all purposes during the calendar year In the event of revocation, or upon ex­ common switching and/or trunking fa­ 1940. piration of this Order, deliveries already cilities to meet traffic requirements and • (ii) Where the receipt thereof shall rated pursuant to this Order shall be provide the necessary channels through increase the dollar value of Operator’s completed in accordance with said rat­ which the existing traffic load may be inventory of Material to an amount in ing, unless the rating has been specifi­ trunked and connections established to excess of Normal requirements which in cally revoked with respect thereto. No enable full use to be made of the existing no event shall exceed 27%% of the dol­ additional applications of this rating to line terminals but not including the addi­ lar value of Material used for all pur­ any other deliveries shall thereafter be tion of line terminals; (iii) rearrange­ poses during the calendar year 1940. made by the Operator or Supplier ments or changes in existing line plant (2) Except as provided in paragraph affected by said revocation or expiration. in order to obtain a more effective or (g) (3) below no Operator who has sup­ (k) Effective date. This Order shall fuller use of such plant: Provided, how­ plied the rating assigned hereby shall, take effect on the date of issuance and ever, That no line capacity shall be added during any calendar quarterly period,' shall continue in effect until September thereto; and (iv) short cable extensions use Material for Maintenance, Repair, 30, 1942 unless sooner revoked by the of line plant from a given point which do and Operating Supplies, the aggregate Director of Industry Operations. (P.D., not involve the use of more than 100 dollar volume of which shall exceed 110% Reg. 1, as amended, 6 F.R. 6680; W.P.B. pounds of copper and which make avail­ of the aggregate dollar volume of such Reg. 1, 7 F.R. 561, E.O. 9024, 7 F.R, 329; able for more effective use existing ex­ Material used during the corresponding E.O. 9040, 7 F.R. 527; sec. 2 (a), Pub. Law change plant not otherwise usable. quarter of 1940, or at the Operator’s 671, 76th Cong., as amended by Pub. Law (4) “Supplier” means any person with 89, 77th Cong.) whom a purchase order or contract has option 27%% of the aggregate dollar been placed for delivery, to an Operator volume of such Material used during the Issued this 23d day of April 1942. calendar year 1940. or another Supplier, of Material for J. S . K n o w l s o n , Operating Construction. (3) (i) Any Operator whose average Director of Industry Operations. value of inventory of Material for the flve! (c) Assignment of preference rating. calendar years prior to January 1, 1942, [F. R. Doc. 42-3630; Filed, April 23, 1Ô42; Subject to the terms of this Order, Pref­ did not exceed $10,000 shall be exempt 11:45 a. m.j erence Rating A-3 is hereby assigned: 3032 FEDERAL REGISTER, Friday, April 24, 1942

(1) To deliveries, to an Operator of (3) Restrictions on Supplier: or at the Operator’s option 27%% of the aggregate dollar volume of such Material Material required by him for Operating (i) No Supplier may apply the rating Construction; used during the calendar year 1940. hereby assigned to obtain scarce Mate­ (3) (i) Any Operator whose average (2) To deliveries, to any Supplier, of rial, the use of which could be eliminated Material value of inventory of Material for the without serious loss of efficiency by sub­ five calendar years prior to January 1, (i) Required by the Operator for Op­ stitution of less scarce Material. 1942 did not exceed $10,000 shall be ex­ erating Construction; (ii) No Supplier may apply the rating empt from the provisions of paragraph woven fabric; livery and use of such Closures so man­ (i) Any fluorescent lighting fixture (ii) In either the knit-in thread or ufactured or the sale, delivery and use pursuant to an order or contract which lay-in thread (or both) of a knitted of completely manufactured Closures in bears a preference rating of A-2, or fabric. Inventory on such date. (P.D. Reg. 1, as better, (3) “Long line brassiere” means a amended, 6 F.R. 6680; WP.B. Reg. 1, 7 (ii) Any component part of any fluo­ breast supporting garment extending FR. 561, E.O. 9024, 7 F.R. 329; E.O. rescent lighting fixture pursuant to an more than two inches below the base of 9040, 7 FR. 527; sec. 2 (a), Pub. Law 671, order or contract which bears a prefer­ the breast. 76th Cong., as amended by Pub. Law 89, ence rating of A-2, or better, or which (4) “Bandeau” means a breast sup­ 77th Cong.) bears any preference rating assigned porting garment extending not more This amendment shall be effective under the Production Requirements Plan. than two inches below the base of the from the date of Issuance. (iii) Any cold cathode (high voltage) breast. Issued this 23d day of April, 1942. fluorescent lighting fixture and any com­ (5) “Panel” means a strip of elastic ponent part of any cold cathode (high fabric running the full length of the J. S. Knowlson, voltage) fluorescent lighting fixture, corset or girdle, or from the bottom to Director of Industry Operations. (iv) Any fluorescent lighting fixture the approximate waistline or a combina­ [F. R. E>oc. 42-3624; Filed, April 23, 1942; which is so designed and constructed that tion, and placed so as to provide for a 11:43 a. m.j it cannot be used to operate tubes having horizontal stretch. a total rated wattage in excess of 30 (6) “Gore” means any tapering, tri­ watts, angular or rectangular piece of elastic Part 1153—F luorescent Lighting (v) Any component part of any fluo­ fabric set in at either the top or the bot­ F ixtures rescent lighting fixture which is sold or tom of a corset, girdle or combination for delivered for the purposes of mainten­ the purpose of providing a horizontal AMENDMENT NO. 1 TO LIMITATION ance or repair, and stretch. ORDER L—78 (vi) Any component part of any fluo­ (c) Restrictions on the use of elastic 1. Paragraph (b) of § 1153.1 (Lim­ rescent lighting fixture which component fabrics in the manufacture of corsets, itation Order L-78)2 is hereby amended part is so designed and constructed that girdles, panty girdles and combinations. to read as follows: it cannot be used in a fluorescent lighting (1) Except as specifically authorized by fixture which operates tubes having a the Director of Industry Operations no *7 F.R. 2597. total rated wattage in excess of 30 watts. person shall hereafter use any elastic * 7 F.R. 2732. (P.D. Reg. 1, as amended, 6 FR. 6680; fabrics in the manufacture of corsets, No. 80— 3 3034 FEDERAL REGISTER, Friday, April 24, 1942 girdles, parity girdles, or combinations (d) Restrictions on knitting. In addi­ contract or subcontract for the Army or except as follows: tion to the restrictions on knitting its Navy of the United States. provided in Conservation Order No. (i) Appeals. Any person affected by (i) Class One garment. In the manu­ M-124 as amended from time to time, this Order who considers that compliance facture of surgical type corsets and com­ and except as specifically authorized by therewith would work an exceptional and binations which may depend on front, the Director of Industry Operations, no unreasonable hardship upon him, or that back or side lacing for adjustment, elas­ person shall hereafter knit: it would result in a degree of unemploy­ tic fabric may be used for gores to the ment which would be unreasonably dis­ extent of but not exceeding thirty square (i) Any fabric which employs elastic proportionate compared with the amount inches per garment up to and including threads in both knit-in and lay-in of rubber yarn and fabrics containing size thirty-two waist and thirty-six thread, for use in the manufacture of rubber yarn conserved, or that com­ square inches per garment for sizes above corsets, girdles, panty girdles, combina­ pliance with this Order would disrupt or thirty-two waist, and elastic fabric not tions, brassieres or bandeaux. impair a program of conversion from exceeding ten inches in length measured (ii) Blanks of the roll-on type. non-defense to defense work may appeal horizontally, and not exceeding three (iii) Plat knit type elastic strips wider to the War Production Board by letter inches in width measured vertically may than ten inches. or telegram, Ref. : L-90, setting forth the be used in the waistline of such corsets (iv) Fashioned flat knit elastic strips. pertinent facts and the reasons he con­ provided, that if no waist line elastic (e) Restrictions on weaving. In ad­ siders he is entitled to relief. The Di­ fabric is so used, an additional thirty dition to the restrictions on weaving as rector of Industry Operations may square inches of elastic fabric may be provided in Conservation Order No. M- thereupon take such action as he deems used for gores. 124, as amended from time to time, and appropriate. (ii) Class Two garment. In the manu­ except as specifically authorized by the (j) Records. All persons affected by facture of corsets, girdles, panty girdles Director of Industry Operations, no per­ this Order shall keep and preserve for and combinations, flat knit type elastic son shall hereafter weave, for use in the not less than two years accurate and fabric, too wide to be cut into gores for manufacture of corsets, girdles, panty complete records concerning inventories, Class One garments without excessive girdles, combinations, brassieres, or sales and products. * waste, may be used for panels to the bandeaux, any fabric which employs (k) Reports. All persons affected by extent of but not exceeding eight inches elastic threads in both warp and filling. this Order shall execute and file with measured horizontally and twenty inches (f) Restrictions on use of elastic fab­ the War Production Board such reports measured vertically per garment up to rics in the manufacture of brassieres and questionnaires as may be required and including size thirty waist or nine and bandeaux. Except as specifically by said Board from time to time. inches measured horizontally and twenty authorized by the Director of Industry (l) Communications. All reports re­ inches measured vertically per garment operations, no person shall hereafter use quired to be filed hereunder and all com­ for size above thirty waist, and elastic any elastic fabrics in the manufacture of munications concerning this Order shall, fabric may be used for gores to the extent brassieres and bandeaux except as fol­ unless otherwise directed, be addressed of but not exceeding 27 square inches. lows: to War Production Board, Washington, (iii) Class Three garment. In the D. C. Ref: L-90. manufacture of corsets, girdles, panty (1) Long-line brassieres. In the man­ (m) Violations. Any person who vio­ girdles and combinations, light weight ufacture of long-line brassieres, elastic lates any provision of this Order and woven and knitted fabrics not suitable fabric not suitable for gores in Class One who by any act or conduct falsifies rec­ for gores in Class One garments (such garments may be used for gores to the ords to be kept or information to be as power net, warp knit or circular knit extent of but not exceeding eight square furnished pursuant to this Order, may material, elastic laces and elastic nets, inches per garment. be prohibited from receiving further de­ and broad loom such as elastic satin and (2) Bandeaux. In the manufacture liveries of any material subject to alloca­ elastic batiste) may be used for panels of bandeaux, elastic fabric to the extent tion, and such further action may be to the extent of but not exceeding twelve of but not exceeding six square inches taken as is deemed appropriate including inches in width measured horizontally, per garment may be used for inserts and a recommendation for prosecution under and seventeen inches measured vertically closings. section 35 (A) of the Criminal Code (18 per garment up to and including size (3) Shoulder straps. In the manufac­ U.S.C. 80). thirty waist, and fourteen inches meas­ ture of brassieres and bandeaux, elastic (n) Effective date. -This Order shall ured horizontally and seventeen inches fabric to the extent of but not exceeding take effect, immediately. (P.D. Reg. 1, measured vertically per garment for sizes five linear inches per garment may be amended, 6 PR. 668Ô; W.P.B. Reg. 1, 7 above thirty waist, and elastic fabric may used for shoulder straps. P R. 561, E.O. Ô024, 7 P.R. 329; E.O. 9040, be used for gores to the extent of but not 7 F.R. 527; sec. 2 (a) , Pub. Law 671, 76th exceeding 27 square inches. Leno fabrics (g) Curtailment on knitting and cut­ ting. In addition to the restrictions on Cong., as amended by Pub. Law 89, 77th to the extent of but not exceeding twenty Cong.) inches measured vertically may be used knitting as provided in Conservation for panels in such garments.* Elastic Order No. M-124, as amended from time Issued this 23d day of April 1942. binding, banding, or facing may be used to time, and except as provided in para­ J. S. Knowlson, on the unfinished edges of elastic fabric graph (h) of this section or specifically ^ Director of Industry Operations. sections in 'the manufacture of such authorized by the Director of Industry garments, and light weight elastic satin Operations, no person shall, in any [P. R. Doc. 42-3620; Piled, April 23, 1942; not suitable for side -panels may be used calendar month, knit or cut, or cause to 11:43 a. m.j for up and down stretch front panels be knit or cut by others for his account, or up and down stretch back panels in corsets, girdles, panty girdles, combina­ the manufacture of such garments. tions, brassieres, or bandeaux employing Part 1165—Corsets, Combinations and (2) Hose supporters. Except as spe­ any rubber yarn or elastic fabric, in ex­ B rassieres cess of such percentage of his average cifically authorized by the Director of SUPPLEMENTARY ORDER L-90-a Industry Operations, no elastic fabric monthly knitting or cutting of such gar­ exceeding five and one-half linear yards ments during the period beginning §1165.2 Supplementary Order per dozen garments may be used for the January 1, 1941, and ending March 31, L-90-a. The Director of Industry Oper­ manufacture of hose supporters for 1941, as the Director of Industry ations hereby determines that for the corsets, girdles, panty girdles, and com­ Operations may from time to time remainder of the month of April, 1942, binations. determine. the quota of garments permitted to be (3) Inner belts. Except as specifically (h) General exceptions. The prohibi­ knit or cut as provided for in paragraph authorized by the Director of Industry tions and restrictions contained in this (g) of Limitation Order L-90 shall be 25 Operations, no elastic fabrics may be Order shall not apply to the manufacture, per cent of the average monthly knitting used for inner belts in the manufacture sale or delivery of any corset designed or cutting of such garments during the of corsets, girdles, panty girdles, and for use for surgical or medical purposes base period of January 1, 1941 to March combinations. which is being produced under a specific 31,1941, as prescribed by said Limitation FEDERAL REGISTER, Friday, A pril 24, 1942 3035 Order L-90, and, for the month of May by a manufacturer during the calendar (f) Reports. Each manufacturer to and each calendar month thereafter, the year 1941 divided by 365. whom this Order applies shall file with said quota shall be 75 per cent of the (b) General restrictions. (1) During the War Production Board such reports said monthly average: Provided, how­ the restricted period, no manufacturer and questionnaires as said Board shall ever, That the restrictions on the use of shall use in the production of any fishing from time to time prescribe. rubber yarn and elastic thread, as pre­ tackle product: (g) Violations. Any person who wil­ scribed by Conservation Order No. M-124, fully violates any provision of this Order, as amended from time to time, shall not (1) More iron and steel than 75% of or who, in connection with this Order, be affected hereby. (P.D. Reg. 1, as his average daily use of metals in such wilfully conceals a material fact or fur­ amended December 23, 1941, 6 P.R. 6680; product multiplied by the number of nishes false information to any depart­ W.P.B. Reg. 1, Jan. 26, 1942, 7 P it. 561, days (including Sundays and holidays) ment or agency of the United States, is E.O. 9024, Jan. 1«, 1942, 7 P.R. 329; E.O. contained in the restricted period, or guilty of a crime, and upon conviction 9040, Jan. 24, 1942, 7 FJR. 527; sec. 2 (a), (ii) Any iron, steel or critical material may be punished by fine or imprison­ Pub. Law 671, 76th Cong., as amended not in his current inventory, except that ment. In addition, any such person may by Pub. Law 89, 77th Cong.) iron and steel not in his current inven­ be prohibited from making or obtaining tory may be used in the manufacture of further deliveries of or from processing This Order shall take effect immedi­ fish hooks. or using material under priority control ately. and may be deprived of priorities assist­ Issued this 23d day of April 1942. (2) On and after June 1, 1942, no Manufacturer shall process, fabricate, ance. J. S. K n o w l s o n , work on or assemble any: (h) Appeal. Any person affected by Director of Industry Operations. this Order, who considers that compli­ [F. R. Doc. 42-3627; Filed, April 23, 1942; (i) Critical material for use in the ance therewith would work an excep­ 11:43 a. m.] production of any fishing tackle product, tional and unreasonable hardship upon or him, that it would result in a serious (ii) Iron and steel for use in the pro­ problem of unemployment in the com­ duction of any fishing tackle product munity, or that compliance with this P art 1178—F ishing T ackle other than fish hooks. Order would disrupt or impair a pro­ LIMITATION ORDER L - 9 2 (3) During the period of three months gram of conversion from non-defense to defense work may appeal to the “War The fullflllment of requirements for beginning June 1, 1942, and during each succeeding three months' period there­ Production Board, Washington, D. C., the defense of the United States has after until otherwise ordered, no manu­ Ref.: L-92”, setting forth the pertinent created a shortage in the supply of iron facturer shall produce more fish hooks facts and the reasons such person con­ and steel and other materials for de­ than 12}£% of the number of fish hooks siders that he is entitled to relief. The fense, for private account and for ex­ produced by him in the year 1941. Director of Industry Operations may port; and the following Order is deemed (4) Nothing in the foregoing provisions thereupon take such action as he deems necessary and appropriate in the public shall limit the production in any way of appropriate. interest and to promote the national any fishing tackle product for use in the (i) Application of other orders. Inso­ defense: commercial fishing industry. far as any other Order hereafter or here­ § 1178.1 General Limitation Order (5) On and after the effective date of tofore issued by the Director of Priorities L-92—(a) Definitions. For the purposes this Order, no manufacturer shall sell, or the Director of Industry Operations of this Order: transfer or deliver any part of his cur­ limits the use of any material in the pro­ rent inventory, except: duction of fishing tackle products to a (1) “Pishing tackle product” means greater extent than the limits imposed any manufactured product designed pri­ (i) In connection with his manufacture by this Order, the restrictions in such marily for use in non-commercial fish­ or sale of fishing tackle products or parts other Order shall govern unless other­ ing, including, but not limited to, the therefor to the extent that such manu­ wise specified therein. following: rods, rod fittings and rod facture or sale is not prohibited by the (j) Applicability of Priorities Regula­ accessories; reels, reel equipment, and terms of this Order or of any other Or­ tion No. 1. This Order and all trans­ reel accessories; lines, leaders, sinkers, der of the War Production Board; actions affected thereby are subject to swivels, fish hooks, bait boxes, tackle (ii) To Defense Supplies Corporation, the provisions of Priorities Regulation boxes, fly boxes, creels, artificial lures, Metals Reserve Company or any other No. 1 (Part 944), as amended from time baits, and flies. corporation organized under section 5 (d) to time, except to the extent that any (2) "Manufacturer” means any per­ of the Reconstruction Finance Act, as provisions hereof may be inconsistent son engaged in the business of producing amended, or any person acting as agent therewith, in which case the provisions any fishing tackle product or any parts for any such person; or of this Order shall govern. therefor. (ill) Pursuant to specific authoriza­ (k) Communications to War Produc­ (3) “Critical material” means plastics, tion of the Director of Industry Opera­ tion Board. All reports required to be cork, and any metal other than iron and tions. filed hereunder and all communications steel. (c) Inventory restrictions. From the concerning this Order shall, unless other­ (4) “Current inventory” means all the effective date of this Order, no manufac­ wise directed, be addressed to: War critical materials and iron and steel in turer shall receive any iron, steel or crit­ Production Board, Washington, D. C. the form of raw materials, semi-proc­ ical materials in the form of raw materi­ Ref.: L-92. essed materials and finished parts which als, semi-processed materials, or finished (l) Effective date. This Order shall were parts for use in the manufacture of any take effect on the date of its issuance and (i) Physically on hand or on order on fishing tackle products (other than fish shall continue in effect until revoked. the effective date of this Order, and hooks) except in fulfillment of bona fide (P.D. Reg. 1, as amended December -23» (ii) Obtained or ordered with the spe­ orders which were placed by him on or 1341, 6 F.R. 6680; WP.B. Reg. 1, 7 F.R. cific purpose of producing fishing tackle before the effective date of this Order. 561, E.O. 9024, 7 F.R. 329; E.O. 9040, products therefrom. (d) Records. All persons affected by 7 F.R. 527; sec. 2 (a), Pub. Law 671, 76th this Order shall keep and preserve for Cong., as amended by Pub. Law 89, 77th (5) “Restricted period” means the not less than two years accurate and period from the effective date of this complete records concerning inventories, Cong.) Order to May 31, 1942. production, and sales. Issued this 23d day of April 1942. (6) “Iron and steel used” means the (e) Audit and inspection. All records J. S. Knowlson, aggregate weight of iron and steel con­ required to be kept by this Order shall, Director of Industry Operations. tained in finished fishing tackle products. upon request, be submitted to audit and (7) “Average daily use” means the inspection by duly authorized representa­ [F. R. Doc. 42-3625; Filed, April 23, 1942; total aggregate weight of all metals used tives of the War Production Board. 11:43 a. m.J 3036 FEDERAL REGISTER, Friday, April 24, 1942 Chapter XI—Office of Price Adminis­ ing brand names of manufacturers as by this Regulation are and will be gen­ tration follows: erally fair and equitable and will effec­ tuate the purposes of said Act. A state­ Part 1315—R ubber and P roducts and Brand of passenger- Brand of truck ment of considerations involved in the Materials of Which R ubber Is a Manufacturer car tires tireS issuance of this Regulation is issued Component simultaneously herewith and filed with AMENDMENT NO. 1 TO REVISED PRICE SCHED­ • * * * * the Division of the Federal Register. Therefore, under the authority vested ULE NO. 63 1— RETAIL PRICES FOR NEW Corduroy Rubber Universal. Universal. RUBBER TIRES AND TUBES Company. in the Price Administrator by the Emer­ * gency Price Control Act of 1942, and in A statement of the considerations in­ * * * * accordance with Procedural Regulation volved in the issuance of this Amend­ No. 11 issued by the Office of Price Ad­ ment No. 1 has been issued simultane­ * * « * * ministration, Maximum Price Regulation ously herewith and filed with the Divi­ (n) Notwithstanding any other provi­ No. 116 is hereby issued. sion of the Federal Register. sions of this section, on and after April Section 1315.104 is amended by desig­ Authority: §§ 1362.51 to 1362.62, inclusive, 25, 1942, the maximum retail prices for issued pursuant to Pub. Law 421, 77th Cong. nating the two existing paragraphs manufacturers’ brands of passenger-car thereof (a) and (b) respectively, and tires and tubes shall be 16% greater than § 1362.51 Maximum prices for china adding two new paragraphs (c) and (d) the maximum prices determined for such and pottery. On and after April 27,1942, thereto; paragraph (c) of § 1315.108 is tires or tubes according to paragraphs regardless of any contract, agreement, amended and a new paragraph (f) is (a) to (m), inclusive, of this section. lease, or other obligation, no manufac­ added thereto; the sixth line of the § 1315.111 Appendix B: Maximum re­ turer or exporter shall sell or deliver any table in paragraph (b) of § 1315.110 is tail prices for private brands of new rub­ article of china or pottery at prices amended and a new paragraph (n) is ber tires and tubes. higher than the maximum prices set added thereto; a new paragraph (n) is ***** forth in Appendix A hereof, incorporated added to § 1315.111; and a new (n) Notwithstanding any other provi­ herein as § 1362.61; and no manufac­ § 1315.109a is added, as set forth below: sions of this section, on and after April turer or exporter shall agree, offer, solicit, § 1315.104 Posting of prices. 25, 1942, thé maximum retail prices for or attempt to do any of the foregoing. (a) * * * private brands of passenger-car tires and The provisions of this Section shall not (b) * * * tubes shall be 16% greater than the max­ be applicable to sales or deliveries of (c) On and after May 4, 1942, every imum prices determined for such tires china or pottery to a purchaser if, prior person engaged in the business of selling or tubes according to paragraphs (a) to to April 27, 1942, such china or pottery new rubber passenger-car tires or tubes (m) inclusive of this section. had been received by a carrier, other at retail, shall keep posted in a con­ § 1315.109a Effective dates of amend­ than a carrier owned or controlled by spicuous place in each retail establish­ ments. (a) Amendment No. 1 (§§ 1315.- the seller, for shipment to such pur­ ment at which such tires or tubes are 104; 1315.108 (c), (f); 1315.110 (b), (n) ; chaser. offered for sale, a list showing separately, 1315.111 (n) ; and 1315.109a) to Revised § 1362.52 Less than maximum prices. in dollars and cents, the amounts added Price Schedule No. 63 shall become effec­ Lower prices than those set forth in Ap­ to the maximum retail prices of such tive April 25,1942. pendix A (§ 1362.61) may be charged, de­ tires or tubes in accordance with the pro­ manded, paid or offered. visions of §§ 1315.110 (n) and 1315.111 (Pub. Law 421, 77th Cong.) § 1362.53 Conditional agreements. No (n) Lists of such amounts computed Issued this 22d day of April 1942. manufacturer or exporter of china or pottery shall enter into an agreement in accordance with the provisions of Leon Henderson, §§ 1315.110 (n) and 1315.111 (n) and Administrator. permitting the adjustment of the prices prepared by manufacturers of manufac­ to prices which may be higher than the turers’ brands and by owners of private [F. R. Doc. 42-3598; Piled, April 22, 1942; maximum prices provided herein, in the brands, may be used for this purpose if 5:15 p. m.] event that this Maximum Price Regula­ received by the seller in time. tion No. 116 is amended or is determined (d) From April 25,1942 to May 4, 1942 by a court to be invalid or upon any other every such seller shall keep so posted a contingency: Provided, That if a peti­ statement that maximum retail prices Part 1362—Ceramic P roducts, S truc­ tion for amendment (or for adjustment for new rubber passenger-car tires and tural Clay Products and Other or for exception) has been duly filed, tubes have been increased sixteen per­ Mason Materials and such petition requires extensive con­ cent (16%) over those which were estab­ MAXIMUM PRICE REGULATION NO. 116— CHINA sideration, and the Administrator de­ AND POTTERY termines that an exception would be in lished on January 5,1942 by Price Sched­ the public interest pending such con­ ule No. 63. In the judgment of the Price Admin­ sideration, the Administrator may grant § 1315.108 Definitions. istrator the prices of china and pottery an exception from the provisions of this * * * * * are threatening to rise to an extent and Section permitting the making of con­ (c) “New rubber tire or tube” means in a manner inconsistent with the pur­ tracts adjustable upon the granting of any rubber tire or tube that has been poses of the Emergency Price Control the petition for amendment (or for ad­ used less than 1,000 miles. Act of 1942. The Price Administrator justment or exception, as the case may * * * * * has ascertained and given due consider­ be). Requests for such an exception may (f) “Rubber” means all forms and ation to the prices of china and pottery be included in the aforesaid petition for types of rubber including synthetic and prevailing between October 1 and Octo­ amendment (or .for adjustment or for reclaimed rubber. ber 15, 1941, and has made adjustments exception). * * * * * for such relevant factors as he has de­ § 1362.54 Evasion. The limitations § 1315.110 Appendix A: Maximum rer termined and deemed to be of general setJforth in this Maximum Price Regula­ tail prices for manufacturers’ brands of applicability. So far as practicable, the tion No. 116 shall not be evaded, whether new rubber tires and tubes. Price Administrator has advised and by direct or indirect methods, in con­ * * * * * consulted with representative members nection with an offer, solicitation, agree­ of the industry which will be affected (b) The prices set forth in paragraph ment, sale, delivery, purchase or receipt (a) of this section apply to tires carry­ by this Regulation. of china or pottery alone, or in conjunc- In the judgment of the Price Admin­ 17 F.R. 1323. istrator the maximum prices established »7 F.R. 971. FEDERAL REGISTER, Friday, April 24, 1942 3037 tion with any other commodity or by way for the purpose of establishing the maxi­ ware “rejects” includes “decorated re­ of commission, service, transportation, or mum price for such new article. jects” and “decorated odds and ends”, other charge, or discount, premium or (c) Sales made after April 26, 1942. i. e., ware that has such imperfections as other privilege, or by tying-agreement or Within thirty days after the end of every running of color, poor application of other trade understanding, or otherwise. quarter after April 1, 1942, every manu­ print, screen or decals, smearing of line, § 1362.55 Prohibition of hidden price facturer shall submit to the office of sticking in decorating kiln, chipping, increases. No manufacturer or exporter Price Administration, a report on Form poorly graduated decalcomania, or any may engage in the following practices: 216:1, on his sales for such period, giving other defect customarily considered as the information required by the Form. placing it in an imperfect class. (a) Depreciating seller’s selection and (d) Other reports. Persons affected (f) “Vitreous” means the type of china grading standards in existence October by this Maximum Price Regulation No. and pottery, of a low degree of absorba­ 1-October 15, 1941, for decorated or un­ 116 shall submit to the office of Price bility with or without high translucency decorated articles, at any price level or Administration such other reports as it which in the past has customarily been for any type of decoration. may, from time to time, require. sold in heavy weights for hotel, restau­ (b) Pricing sets above the seller’s cus­ § 1362.58 Enforcement, (a) Persons rant, institutional, and governmental tomary level for the number and assort­ violating any provision of this Maximum use, and in thin, translucent form for ment of pieces. Price Regulation No. 116 are subject to household use. (c) With respect to present articles and the criminal penalties, civil enforcement (g) “Semi-vitreous” means the type new articles having the same type of actions, and suits for treble damages pro­ of china and pottery generally of a de­ decoration, failure to quote the prices vided for by the Emergency Price Control gree of absorbability higher than vit­ customarily quoted by the seller for such Act of 1942. reous, which in the past has customarily article in sets (service for 4, 6, 8 or 12) (b) Persons who have evidence of any been sold for household use for table to the same general class of purchaser violation of this Maximum Price Regula­ service, cooking purposes, storage ware, and selling such articles only in open tion No. 116 or any price schedule, regu­ kitchen and refrigerator use, and for stock, fill-ins, or matching pieces, if those lation or order issued by the Office of bowls and containers for food prepa­ prices are higher than the seller’s prices Price Administration or of any acts or ration. for sets for the articles. practices which constitute such a viola­ (h) “Same general class of purchaser” (d) Increasing charges for packing for tion are urged to communicate with the means a purchaser of the same general sales other than sales for export, above nearest field or regional office of the Of­ trade status (wholesaler, retailer, hotel 100%, in the case of vitreous articles, fice of Price Administration or its prin­ supply house, mail order house, variety and, 105%, in the case of semi-vitreous cipal office in Washington, D. C. chain store, federal, state, or local gov­ articles, of the charges quoted or in effect § 1362.59 Petitions for amendment. ernment, etc.) of the same quantity (as on October 15, 1941, to the same general Persons seeking any modification of this measured by size of order or anticipated class of purchaser. Maximum Price Regulation No. 116 or requirements), and of the some status an adjustment or exception not provided in any other respects customarily used § 1362.56 Records. Every manufac­ by the seller in establishing price dif­ turer or exporter making sales of china for therein may file petitions for amend­ ment in accordance with the provisions ferentials. or pottery after April 26, 1942, shall keep (i) “Maximum price” means the price for inspection by the Office of Price Ad­ of Procedural Regulation No. 1, issued by the Office of Price Administration. to be received by the manufacturer, ministration for a period of not less than including packing or transportation two years, complete and accurate records § 1362.60 Definitions. When used in this Maximum Price Regulation No. 116, charges if included in the base price or of each such sale, showing the date government contract used as a base for thereof, the name and address of the the term: establishing the maximum price. In the buyer, the article number or other desig­ (a) “Person” includes an individual, case of semi-vitreous articles Which are nation of each article sold, the price re­ corporation, partnership, association, or customarily sold on the pound sterling ceived for each, the quantity sold and any other organized group of persons, or basis, “maximum price” means the price any discounts, allowances, or charges. legal successor or representative of any to the closest quarter of a dollar. § 1362.57 Reports—(a) Articles of­ of the foregoing, and includes the United (j) “Sale for export” means a sale for fered for sale in the period October 1, States or any agency thereof, or any delivery outside of the forty-eight states Í941 to April 26, 1942, inclusive. On or other government, or any of its political of the United States, of America or the before May 22, 1942 every manufacturer subdivisions, or any agency of any of the District of Columbia. shall submit to the office of Price Admin­ foregoing. (k) “Exporter” means a person who istration a report on all articles offered (b) “Manufacturer” means any per­ makes sales for export and includes an for sale by such manufacturer in the per­ son who operates a pottery plant which export agent, export commission house, iod October 1,1941 to April 26, 1942, giv­ produces china or pottery. or export merchant. ing the maximum prices established for (c) “Article” means any single item (l) “Export agent” means any ex­ each article by Appendix A (§ 1362.61) of china or pottery, inclusive of decora­ porter who performs the duties of an for each general class of purchaser tion, or any combination of items in a agent directly to and for a foreign pur­ (wherever a differential exists) and a de­ set sold as a distinct item. chaser in a sale between any seller in scription, by name or number, of each (d) “China” and “pottery” mean any the United States and such foreign pur­ article. undecorated, decorated, vitreous, or chaser, and who does not (1) take title (b) Changes in body or glaze. Within semi-vitreous china or earthern ware, to the goods being exported, nor (2) as­ ten days after the first delivery to a pur­ commonly used for cooking, mixing, stor­ sume a risk of loss because of demurrage, chaser of an article which differs from ing, or service of food or beverages, with failure to secure shipping space, credits an article offered for sale by the manu­ the exception of products customarily or otherwise. facturer in the period October 1, 1941 to sold in the past by the manufacturer as (m) “Export commission house April 26, 1942, inclusive, either in size “stoneware”, novelty and decorative means any exporter who acts as a prin­ or shape to an extent which, according to items known as “art pottery”, and re­ cipal, and (1) buys for his own account the prior practice Of the manufacturer, jects. only upon his foreign customers’ direct would affect the price, or in mixture of (e) “Rejects” means the type of ware orders, at a fixed price or at a previously body or glaze so as to affect appreciably customarily sold as imperfect. In un­ agreed upon commission, (2) takes title the appearance of the article, the manu­ decorated ware, it includes “thirds”, “re­ to the goods directly or through an facturer shall submit to the Office of selects”, and “lump”, i. e., ware that is agent, and (3) assumes all risk of loss or Price Administration a report giving the crooked, stained, chipped, stuck, cracked, expense until the title of goods passes to specifications of the new article, the pro­ or known as “whirlers”, or shows imper­ his foreign buyers according to named posed selling price for each general class fections such as kiln dirt, curtaining of terms of sales. of purchaser and the terms of sale, to­ (n) “Export merchant” means any gether with the specifications and selling glaze, star cracks, dunting, lamination, iron specks, flash, pin holes, or any other exporter who acts as a principal, and (1) price for each general class of purchaser buys for his own account in anticipation of the similar articles (or most compara­ defect customarily considered as placing ble articles) referred to in § 1362.61 (c), it in an imperfect class. In decorated I of foreign orders, in general, (2) takes 3038 FEDERAL REGISTER, Friday, April 24, 1942

title to the goods, (3) sells them direct, the period October 16, 1941 to April 26, 5 1362.62 Effective date. This Maxi­ or through customary trade channels, to 1942, inclusive, shall be 100% in the case mum Price Regulation No. 116 (§§ 1362.51 any or all buyers in the foreign coun­ of vitreous articles, and 105% in the case to 1362.62, inclusive) shall become effec­ try, and (4) assumes all risks of loss or of semi-vitreous articles. tive April 27, 1942. expense until title to the goods passes to a foreign buyer according to terms (i) of the highest price quoted for Issued this 22d day of April 1942. of sales. such identical article by the manufac­ Leon Henderson, turer in such period to the same general Administrator. § 1362.61 Appendix A: Maximum class of purchasers, where the class cus­ prices for sales of china and pottery by tomarily purchased at a price in a price [F. R. Doc. 42-3599; Filed, April 22, 1942; manufacturers—(a) Articles offered for list or other regular quotation (or stand­ 5:15 p. m.] sale during the period October 1 to Oc­ ard discount therefrom) ; tober 15, 1941—(1) United States Gov­ (ii) of the highest price at which such ernment purchases. The maximum identical article was sold by the manu­ price for the sale to any department or Part 1400—Textile F abrics agency of the United States Government facturer in such period to the same gen­ of any article of china or pottery iden­ eral class of purchaser, where the class COTTON, WOOL, SILK, SYNTHETICS AND tical with an article offered for sale to customarily purchased at a special price ADMIXTURES— MAXIMUM PRICE REGULATION such department or agency in the period for each order; NO. 118, COTTON PRODUCTS October 1,1941, to October 15,1941, shall Provided, That the maximum price for In the judgment of the Price Admin­ be the highest price at which such iden­ any such article shall in no instance be istrator the prices of cotton products tical article was contracted to be sold to higher than a price in line with the maxi­ have risen and are threatening further the particular department or agency mum price under § 1362.61 (a) (2) of the to rise to an extent and in a manner during such period by any manufacturer. most comparable article for which a inconsistent with the purposes of the (2) Other sales. The maximum price maximum price is therein established. Emergency Price Control Act of 1942. for the sale of any other article of china (c) New articles. The maximum price The Price Administrator has ascertained or pottery identical with an article of­ for the sale of any article other than and given due consideration to the prices fered for sale by the manufacturer in the an article for which a maximum price of cotton products prevailing between period October 1, 1941, to October 15, is established under paragraph (a) or October 1 and October 15, 1941, and has 1941, inclusive, shall be 100%, in the case (b) of this section shall be a price in made adjustments for such relevant fac­ of vitreous articles, and 105%, in the case line with the maximum price under this tors as he has determined and deemed to of semi-vitreous articles, Maximum Price Regulation No. 116 of be of general applicability. So far as articles similar to such new article, on practicable, the Price Administrator has (1) of the highest price quoted'for such the basis of body, glaze, decoration, shape advised and consulted with representa­ identical article by the manufacturer in and size, and offered for sale by the tive members of the industry which will such period to the same general class of be affected by this Regulation. purchasers, where the class customarily manufacturer in the period October 1, purchased at a price in a price list or 1941 to October 15, 1941, to the same In the judgment of the Price Admin­ other regular quotation (or standard dis­ general class of purchasers. If no sim­ istrator the maximum prices established count therefrom); ilar article was offered for sale by the by this Regulation are and will be gen­ (ii) of the highest price at which such manufacturer during such period, the erally fair and equitable and will effectu­ identical article was sold by the manu­ maximum price for such new article shall ate the purposes of said Act. A state­ facturer in such period to the same gen­ be a price, which bears the same rela­ ment of the considerations involved in eral class of purchaser, where the class tion to the manufacturer's cost of mate­ the issuance of this Regulation has been customarily purchased at a special price rials and direct labor for such new article prepared and is Issued simultaneously for each order. as the maximum price under this Max­ herewith.1 imum Price Regulation No. 116 for the Therefore, under the Authority vested (b) Articles first offered for sale dur­most comparable articles bears to the in the Price Administrator by the ing the period October 16, 1941 to April manufacturer’s cost of materials and di­ Emergency Price Control Act of 1942, and 27, 1942—(1) United States Government rect labor for such articles. in accordance with Procedural Regula­ purchases. The maximum price for a (d) Export sales. In the case of sales tion No. I,4 issued by the Office of Price sale to any department or agency of the for export the maximum prices estab­ Administration, Maximum Price Regula­ United States government of any article lished by paragraphs (a), (b) and (c) tion No. 118 is hereby issued. of china and pottery identical with an of this section for the same general class Authority: §§ 1400.101 to 1400.116, inclu­ article first offered for sale to such de­ of domestic purchaser shall apply. To sive, issued under Pub. Law 421, 77th Cong. partment or agency in the period Oc­ these prices the manufacturer or ex­ tober 16, 1941, to April 26, 1942, inclu­ porter may add: § 1400.101 Maximum prices for cotton sive, shall be the highest price at which products, (a) Except as otherwise pro­ such identical article was contracted to (1) The actual cost of packing for ex­ vided in this Maximum Price Regula­ be sold to the particular department or port, if such cost is customarily charged tion No. 118, on and after May 4, 1942, agency in the period October 16, 1941 to as a separate item or if, because of the regardless of any contract, agreement, January 1, 1942, by the same manufac­ special character of the packing, addi­ lease, or other obligation, no person shall turer. If no sales were made to the par­ tional expense is customarily necessary sell or deliver cotton products, and no ticular department or agency of such in order to provide for the safe carriage person shall buy or receive cotton prod­ identical article by the same manufac­ of the shipment; ucts in the course of trade or business, at turer during the period October 16, 1941 (2) Actual cost of transportation to prices higher than the maximum prices to January 1, 1942, the maximum price port of exit; established herein; and no person shall shall be a price in line with the maximum (3) On sales f. a. s. vessel, f. o. b. vessel, agree, offer, solicit or attempt to do any price under this Maximum Price Regula­ c. i. f. destination, or f. o. b. destination, of the foregoing. The provisions of this tion No. 116 of the most comparable ar­ an amount not in excess of the actual cost section shall not be applicable to sales ticle sold by the same manufacturer to to the exporter of ocean freight, marine or deliveries of cotton products if within the particular department or agency, and war risk insurances, or other stand­ the terms of the Worth Street Rules title during the period October 1,1941 to Jan­ ard charges; to such cotton products has passed to uary 1, 1942, or by the most closely com­ (4) The normal commission or mark­ up charged by same general class of ex­ the purchaser prior to May 4,1942. petitive manufacturer of the same class, (b) Except as otherwise provided during such period, if no such sales were porter for buying or for a sale or delivery made by the same manufacturer. of a similar quantity, quality, type, and herein, maximum prices shall be deter- packing to the same or comparable (2) Other sales. The maximum price 1 Filed with the Division of the Federal for the sale of any other article of china foreign market and to a purchaser of Register. Requests for copies should be ad­ or pottery identical with an article first the same general class in the period Octo­ dressed to the Office of Price Administration. offered for sale by the manufacturer in ber 1 to October 15, 1941, inclusive. *7 F.R. 971. • FEDERAL REGISTER, Friday, April 24, 1942 3039 mined as follows, subject to adjustment ucts: Provided, That if a seller is unable an agreement permitting the adjustment in accordance with paragraph (d) of this after diligent inquiry to find three such of the prices to prices which may be section. sellers, his maximum price shall be a higher than the maximum prices pro­ price in line with the maximum prices vided herein in the event that this Maxi­ (1) For any cotton product of the same of as many such sellers as he can find. mum Price Regulation No. 118 is amended type, construction, and grade as a cotton (c) If the unadjusted maximum price or is determined by a court to be invalid product which, during the base period, for a cotton product is determined in or upon any other contingency: Provided, a seller contracted to sell or listed for accordance with paragraph (b) (2), (3), That if a petition for amendment (or for sale at a specific price, the maximum or (4) of this section, the seller, adjustment or exception) has been duly price shall be the weighted average price upon making his first transaction based filed, and such petition requires extensive of such seller for such cotton product upon such price, shall file with the Tex­ consideration, and the Administrator de­ during the base period to a purchaser of tiles, Leather, and Apparel Section, Office termines that an exception would be in the same general class, or, if the seller of Price Administration, Washington, the public interest pending such consid­ has no weighted average price (as defined D. C., a report containing a description eration, the Administrator may grant an herein) for the base period to such a of the cotton product, a statement of exception from the provisions of this sec­ purchaser, the maximum price shall be the maximum price as determined by tion permitting the making of contracts his weighted average price to purchasers him, and an explanation of the exact adjustable upon the granting of such pe­ of the most nearly comparable class, ap­ manner in which it was computed. Such tition. Requests for such an exception propriately adjusted to compensate for report shall be filed within one week of may be included in the aforesaid petition his normal differential between prices any first transaction, except that, where for amendment (or for adjustment or charged purchasers of the respective sale or delivery is made “on memo­ exception). classes. As used herein, the term randum” (as permitted by paragraph (e) § 1400.104 Wholesalers, jobbers, and “weighted average price” means (i) the of this section), the report shall be filed retailers. The provisions of this Maxi­ average of the prices agreed upon in con­ within one week of the date when the mum Price Regulation No. 118 are not nection with contracts of sale, weighted seller determines the applicable maxi­ applicable to domestic sales and deliver­ in accordance with the quantity sold at mum price. As used herein, the term ies of cotton products made in the per­ each price, or (ii) if no contracts of sale “first transaction” means the first sale, formance of a recognized distributive were made, the average of the list prices contract of sale, or delivery of any type, functionT by any wholesaler, jobber, or in effect, weighted in accordance with the construction, and grade of cotton prod­ retailer, not controlling, controlled by or number of business days each list price uct to a given class of purchaser. under common control with the pro­ was in effect. ducer: Provided, That the maximum (2) For any cotton product of a type, (d) The maximum prices established prices established herein shall apply to construction, and grade which, during herein may be adjusted by the following sales and deliveries to a converter or fin­ the base period, a seller neither con­ differentials in accordance with the isher. tracted to sell nor listed for sale at a spot cotton price8 of the business day § 1400.105 Imports. The provisions specific price, the maximum price shall preceding that on which the contract of of this Maximum Price Regulation No. be the average of the unadjusted maxi­ sale is, or was, made. 118 do not apply to the importation of Upward mum prices,8 determined in accordance adjustment cotton products from persons outside with subparagraph (1) of this paragraph, (cents per the United States, its territories and of three representative sellers f4 Provided, pound of possessions, or to resale of such imported That if a seller is unable after diligent in­ cotton content cotton products. quiry to find three such sellers, his maxi­ Spot cotton price of product § 1400.106 War procurement—(a) Ex­ mum price shall be the average of the (cents per pound) : at loom isting contracts. The maximum prices maximum prices of as many such sellers 16.43 to 16.85 incl------V2 established in this Maximum Price Reg- as he can find. 16.86 to 17.29 incl— ------*- 1 lation No. 118 shall not be applicable to (3) In case a seller cannot by the ex­ 17.30 to 17.73 incl------IV2 17.74 to 18.17 incl------2 any cotton product delivered pursuant ercise of due diligence determine the 18.18 to 18.60 incl—------2y2 to a contract entered into prior to May maximum price for any type, construc­ 18.61 to 19.04 ind------3 4, 1942, (1) if the purchaser is the Gov­ tion, and grade of cotton product in ac­ 19.05 to 19.48 incl------3i/2 ernment of the United States or of any cordance with the foregoing, the max­ 19.49 to 19.91 incl______4 Lend-Lease nation;8 or (2) if (i) the imum price shall be a price in line with8 19.92 to 20.35 incl------4y2 purchaser is any person who certifies or the unadjusted maximum prices of such 20.36 to 20.79 incl------5 has certified to the seller that he re»- seller for related types, constructions, 20.80 to 21.22 incl______— 5y2 quires said cotton product in order phys­ and grades of cotton products. 21.23 to 21.66 incl------6 21.67 to 22.10 incl.------6% ically to incorporate it in any article (4) In case a seller during the base which such person is under contractual period neither contracted to sell nor (e) Any seller, during such period obligation to supply to any of said gov­ listed for sale at a specific price any re­ (not to exceed 30 days) as is reasonably ernments; and (ii) the seller has docu­ lated types, constructions, and grades necessary to determine a maximum mentary proof, which shall be preserved of cotton products, the maximum price price, may sell or deliver cotton prod­ in accordance with § 1400.109, that the shall be a price in line with the unad­ ucts “on memorandum”: Provided, That contract of sale of such article to such justed maximum prices of three repre­ the purchaser shall be appropriately in­ government was made prior to May 4, sentative sellers for related types, con­ formed of the maximum price as soon as 1942. structions, and grades of cotton prod- it is determined and that settlement of (b) War purchases on and after May the purchaser’s obligation shall in no 4,1942. The maximum prices established *1. e., the maximum prices before adjust­ event be made at a price in excess of ment in accordance with § 1400.101 (d). such maximum price. 4 As used herein, the term “representative 1 No sale is made in the performance of a seller” means a seller who is engaged in and § 1400.102 Less than maximum prices. recognized distributive function, within the representative of the same type of business Lower prices than those set forth herein meaning of this Maximum Price Regulation and whose maximum prices reasonably re­ may be charged, demanded, paid or No. 118 unless it advances the goods sold to flect the average market price during the base the next stage of distribution. Presump­ offered. tively, sales by one jobber to another, or by period. § 1400.103 Conditional agreement. No “As used herein, the term “in line with” one manufacturer to another engaged in the means (1) based upon and having a justi­ seller of cotton products shall enter into same type of business, are not sales in the fiable relationship to, and (2) appropriately performance of a recognized distributive increased or decreased to take account of 6 As used herein, the term “spot cotton function. differences in construction (such as yarn price” means the average, published daily 8 As used herein, the term “Lend-Lease na­ numbers, number of ends, number of picks, by the Agricultural Marketing Administra­ tion” means a nation whose defense shall weave, etc.) and such other material factors tion (formerly the Agricultural Marketing have been determined by the President, prior as, in sound cost determinations, are consid­ Service) of the Department of Agriculture, to the delivery date, to be vital to the defense ered to have a direct bearing on the cost of of the prices for iÇie" middling cotton on of the United States (pursuant to the Act production of the respective cotton products. ten designated spot markets. of March 11, 1941, Pub, Law 11, 77th Cong.). 3040 FEDERAL REGISTER, Friday, April 24, 7042 herein shall not be applicable to the § 1400.107 Adjustments for seasonal the terms of the original contract) if the procurement of cotton products by any goods, (a) An adjustment will be change so effected results in an agreed agency of the United States Government granted to any seller of seasonal cotton price in excess of the maximum price ap­ if such agency finds: products if the maximum price estab­ plicable hereunder to the original con­ (1) That prosecution of the war re­ lished herein for such products bears a tract or to deliveries pursuant thereto; quires the production of any type, con­ substantially less favorable relationship (3) No seller shall discontinue or alter struction, and grade of cotton products to the prices of other staple cotton prod­ to the prejudice of a purchaser any dis­ (i) in an establishment or by use of ucts during the base period than the count or service granted or rendered to machinery designed for and normally price relationship which normally pre­ purchasers of the same general class engaged in the manufacture of a sub­ vails during the customary market sea­ during the base period. stantially different product, or (ii) under son for such seasonal cotton products. § 1400.109 Records, (a) Every seller conditions substantially abnormal in any A seller seeking such an adjustment shall subject to this Maximum Price Regula­ other respect; and file a petition for adjustment or excep­ tion No. 118 shall preserve for inspec­ (2) That as a result the cost of pro­ tion in accordance with the provisions of tion by the Office of Price Administra­ ducing said cotton product is such that Procedural Regulation No. 1, issued by tion until at least June 30,1943, the rec­ the maximum prices established herein the Office of Price Administration. ords of all his sales and deliveries of would not yield a reasonable return to (b) Upon the filing with the Office of cotton products between January 1, 1941 the manufacturer. Price Administration of a notice of in­ and May 3, 1942, inclusive. tention to petition for adjustment or ex­ (b) Every person making purchases, On or before the 15th day of each ception under this section, and after (but sales, or deliveries of cotton products on month following the procurement, pur­ not before) receipt of a written opinion or after May 4, 1942, shall keep for in­ suant to this paragraph, of any cotton from the Office of Price Administration spection by the Office of Price Adminis­ products by an agency of the United that the cotton products upon which tration for a period of not less than two States Government at a price in excess such petition is to be predicated are sea­ years complete and accurate records of of the maximum prices established sonal cotton products, any seller, in each such purchase, sale or delivery, herein, such agency shall make a report making a delivery of such products showing the date thereof, the name and of such procurement to the Office of Price against a contract entered into prior to address of the buyer or of the seller, the Administration. Such report shall in­ May 4, 1942, may invoice such goods at price paid or received, and the quantity clude the date of the purchase or the the contract price and accept payment of each type, construction, and grade contract of purchase; the type, construc­ thereof: Provided, That the seller shall purchased or sold, and including (in the tion, grade and quantity of cotton prod­ state in the invoice that he will refund case of the seller) a record of the man­ ucts procured; the name of the manu­ to the purchaser any excess over the ner in which the maximum price, in­ facturer; the maximum price which, but maximum price established herein, as cluding the adjustment for spot cotton, for this paragraph, would be applicable; adjusted by the Office of Price Adminis­ for the sale was determined. a brief statement of the reasons for ex­ tration pursuant to the seller’s petition § 1400.110 List of base-period prices. ceeding such maximum price; and the or otherwise. The permission granted in (a) Every seller subject to this Maximum amount by which the price agreed upon this paragraph to deliver seasonal goods Price Regulation No. 118 shall compile a or paid exceeds such maximum price. in such manner is further conditioned list showing his weighted average price (c) War subcontracts on and after upon the filing with the Office of Price for the base period for every cotton prod­ May 4,1942. An adjustment of the max­ Administration by the seller of a peti­ uct which during such period he con­ imum prices established in this Maxi­ tion for adjustment or exception within tracted to sell or listed for sale at a mum Price Regulation No. 118 may be 30 days of the filing of the above-men­ specific price. Such list shall contain or granted by the Administrator either tioned notice of intention. incorporate by reference a description of upon petition of a seller9 or upon the (q) As used in this section, the term each such cotton product and shall in­ Administrator’s own motion in any case “seasonal cotton products” means blan­ clude a statement as to its weight at in which a certificate is received from kets, flannels, awning stripes and other loom per yard or other unit of measure an appropriate agency of the Govern­ goods of which a year’s production is or quantity. ment of the United States showing: characteristically priced at one time and (b) As soon as possible and no later (1) That prosecution of the war re­ sold during a limited market season not than June 1, 1942, such list and, where quires the production of any type, con­ falling in whole within the base period incorporated by reference, such descrip­ struction, and grade of cotton product and of which the use by the ultimate tions (1) shall be filed with the Textiles, (i) in an establishment or by use of ma­ consumer is typically seasonal. Leather, and Apparel Section, Office of chinery designed for and normally § 1400.108 Evasion, (a) The price Price Administration, Washington, D. C.; engaged in the manufacture of a sub­ limitations set forth in this Maximum (2) shall be displayed or otherwise made stantially different product, or (ii) under Price Regulation No. 118 shall not be readily available for inspection at the conditions substantially abnormal in any evaded, whether by direct or indirect sales office of the seller and of his selling other respect; and methods, in connection with an offer, agents; and (3) shall be made available, (2) That as a result the cost of pro­ solicitation, agreement, sale, delivery, upon request, to any person interested ducing said cotton product is such that purchase or receipt of or relating to cot­ in good faith in making a purchase and the maximum prices established herein ton products, alone or in conjunction to any other seller of cotton products would not yield a reasonable return to with any other commodity or by way of subject to this Maximum Price Regula­ the manufacturer; commission, service, transportation, or tion No. 118 who in good faith seeks this (3) That the purchaser is a person other charge, or discount, premium or information to determine his maximum who requires said cotton product in order other privilege, or by tying-agreement or price. physically to incorporate it in an article other trade understanding, or otherwise. § 1400.111 Reports. Persons subject which is to be furnished to such agency (b) Specifically, but not exclusively, to this Maximum Price Regulation No. of the Government of the United States; the following practices are prohibited: 118 shall submit such reports, in addition and (1) No price agreed upon in any con­ to those provided for elsewhere in this (4) That such adjustment would, in the tract entered Into prior to May 4, 1942, Regulation, as the Office of Price Admin­ opinion of such agency, be fair and even though lower than the applicable istration shall from time to time require. equitable. maximum price established herein, shall § 1400.112 Details required in con­ be increased by amendment of said con­ tract of sale or invoice, (a) Every seller Such adjustment may be granted by tract, by substitution therefor of a new of cotton products, with respect to each the Administrator upon such terms and contract, or otherwise; contract of sale thereof, shall deliver to conditions as may appear reasonable un­ (2) No price agreed upon in any con­ the purchaser a written contract of der all of the circumstances. tract entered into on or after May 4, sale which shall contain, in addition to "Such petition shall he filed in accordance 1942, shall be changed by amendment of the terms thereof, (1) the date on which with the provisions of Procedural Regulation such contract, by substitution therefor of the sale or contract of sale was made; No. 1, Issued by the Office of Price Adminis­ a new contract, or otherwise (whether (2) a full description of each type, con­ tration. or not such change is made pursuant to struction, and grade of cotton products FEDERAL REGISTER, Friday, April 24, 1942 3041 sold, including the number of yards or more than 50 per cent of cotton and Brocade. other units of measure or quantity per less than 25 per cent of wool, by weight Bunting. pound; and (3) a computation of the after weaving and before any finishing Carded yarn fancies. maximum price, in the form set forth or fabrication ; Casement cloth. below,10 for each type, construction, and (5) “Cotton products” (i) means prod­ Chambray. grade sold. ucts made on a loom and consisting bas­ Cheese cloth. (b) Where delivery of cotton products ically of cotton, regardless of the extent Cheviot. is made pursuant to a contract of sale to which, during the time when (within Clip spot fabrics. entered into prior to May 4, 1942, the the terms of the Worth Street Rules) Colored-yarn fabrics. seller shall include in the invoice cover­ title remains in the producer, they are Corduroy. ing each first delivery against such con­ finished, processed, or fabricated, except Cottonade. tract the information called for by products described in subdivision (ii) of Cotton worsteds. paragraph (a) of this section. As used this subparagraph; Coutil. in this paragraph, the term “first de­ (ii) The term does not include: Covert. livery” means the first delivery on or (a) Products subject to maximum Crash. after May 4, 1942, of a given type, con­ prices established and in effect under any Crepe. struction, and grade of cotton products other Maximum Price Regulation, Damask. (other than a delivery “on memoran­ whether temporary or not, or under any Denims: dum”) . Price Schedule;11 Drapery. § 1400.113 Enforcement, (a) P e r­ (b) Products consisting to the extent Sport denims. sons violating any provision of this Max­ of 50 per cent or more by weight, after Diaper cloth and diapers. imum Price Regulation No. 118 are sub­ weaving and before any finishing or fab­ Dimity. ject to the criminal penalties, civil rication, of combed cotton yarn; or prod­ Grey drapery and upholstery fabrics. enforcement actions, and suits for treble ucts in which either the warp or the Drills. damages provided for by the Emergency filling consists wholly of combed cotton Ducks: Price Control Act of 1942. yarn; Apron. (b) Persons who have evidence of any (c) Garments; Army. violation of this Maximum Price Regu­ (d) Colored-yarn or finished fabrics Belting. lation No. 118 or any price schedule, reg­ predominantly used for upholstery or Bootleg. ulation, or order issued by the Office of draperies; Double-filled. Price Administration or of any acts or (e) Gauze bandage, adhesive tape, and Enameling. practices which constitute such a viola­ related medical supplies; Flat. tion are urged to communicate with the (/) Fabrics less than 6 inches in width Gem. nearest field or regional office of the Harvester. after weaving and before any finishing Hose. Office of Price Administration or its or fabrication; principal office in Washington, D. C. (g) Woven tickings heavier than 4.95 Laundry. § 1400.114 Petitions for amendment. yards per pound and not in weaves re­ Naught and biscuit. Persons seeking any modification of this quiring a Jacquard loom; Number. Maximum Price Regulation No. 118 or (h) Tire fabrics; Ounce. an adjustment or exception not pro­ Pottery. vided for therein may file petitions for (iii) The term includes, without limi­ Sail. amendment in accordance with the pro­ tation except as provided in subdivision Shelter-tent. visions of Procedural Regulation No. 1, (ii) of this subparagraph: Shoe. issued by the Office of Price Adminis­ Single-filling. Awning stripes. Wagon-cover. tration. Back cloth. § 1400.115 Definitions, (a) When used Express stripes. Baling and bagging. Felt, table and laundry. in this Maximum Price Regulation No. Basket weaves. 118, the term: Filter cloths. Batiste. Flannels: (1) “Person” includes an individual, Bedford cord. Canton. partnership, association, or any other Or­ Bedspreads and woven quilts. Domet. ganized group of persons, or legal suc­ Blankets. Glove. cessor or representative of any of the Blanket robe cloth. Interlining. foregoing, and includes the United States Blanket linings. Outing. or any agency thereof, or any other gov­ Belting cloth. Plaid. ernment, or any of its political subdivi­ Book cloth. Shoe. sions, or any agency of any of the Brassiere cloth. Frock cloth. foregoing; Broadcloth. Gabardine. (2) “Base period” means the period Gauze. between July 21 and August 15,1941, both 11 Among other products which this provi­ Gingham. inclusive; sion exempts from this Maximum Price Reg­ Handkerchief cloth. (3) “Producer” means the person in ulation No. 118 (if they are subject to maxi­ mum prices otherwise established) are piece Herringbone: whose mill a cotton product is woven and goods sold “in the original piece’’ which, Drills. includes any agent of the producer and although actually finished by an integrated Twills. any person controlling, controlled by, or or vertical concern, are of (or are competitive Hickory stripes. under common control with the producer; with goods of) a character customarily fin­ Industrial fabrics. (4) “Consisting basically of cotton” ished and marketed in larger volume by Jacquard. means woven in a mill other than a independent converters and finishers than Jean. worsted or a woolen mill and containing by integrated producers. Maximum prices for virtually all such piece goods were estab­ Laundry nets. lished by Temporary Maximum Price Regula­ Lawn. “ A. Unadjusted maximum price tion No. 10 (Finished Piece Goods) which Leno and mock leno. p e r ______unit. is shortly to be superseded by a permanent Linings. B. Cotton differential, per lb .__ ». regulation. Any person desiring an opinion Luggage cloth. C. Percentage of cotton______as to whether a product is subject to the D. Units per lb. at loom ______maximum prices therein established for fin­ Marquisette. BXC ished piece goods or to the maximum prices Moleskin. E. Adjustment for cotton —g ----- established herein should address a written Monks cloth. Maximum price $_____ per Inquiry to the Office of Price Administration, Mosquito netting. unit. Washington, D. C. Nainsook. No. 80----- 4 3042 FEDERAL REGISTER, Friday, April 24, 1942

Osnaburgs. November 1, 1941 (6 P.R. 5581, respec­ 4401), as amended, are hereby further Oxford. tively, the regulations relating to the amended as follows: Pajama check. control of vessels in the territorial waters Pile fabrics. of the United States (5 F.R. 2442), as Section 7.10 (c), which reaffirmed and Pillow tubing. amended, are hereby further amended as continued in force the anchorage areas Pin checks. follows: and grounds established by the Secre­ Pin stripes. tary of War (Code of Federal Regula­ Pique. The following new section is added: tions, Title 33, Part 202), together with Plaids. § 6.8 Crew list required on certain amendments and addenda thereto, is Pongee. voyages. The master of every vessel, amended, by redefining and establishing Poplin. who does not sign his crew before a ship­ Hudson River Anchorages for the Port Print cloth yarn fabrics. ping commissioner, or Collector or Dep­ of New York as follows: Repp. uty Collector of Customs acting as § 7.10 Anchorage regulations for cer­ Sateen. Shipping Commissioner, shall, imme­ tain parts of the United States. Sateen yarn fabrics. diately prior to sailing from a port in * * * * * Scrim. the United States, on a voyage which ( C) * * * Searsucker. will extend to the ocean or the Gulf of Sheeting. Mexico, submit to the Captain of the Hudson River Anchorages Shirting: Port, U. S. Coast Guard, or his repre­ Shirting coverts. sentative, a crew list on Form 710A show­ Northward of a line on a range with Colored yarn shirtings. ing the complete crew on board the vessel the north side of the north pier of the Shoe fabrics. including the master, giving the names, Union Dry Dock and Repair Company Soft-filled fabrics. certificate of identification or continuous Shipyard, Edgewater, N. J.; westward of Suiting, cotton and mixed. discharge book number, birthplace, na­ a line ranging 25° true from a point 120 Table cloths and napkins. tionality, description, capacity in which yards east of the east end of said pier Taffeta. employed and name and address of next to a point 500 yards from the shore Terry cloth. of kin. At each domestic port visited (915 yards from Fort Lee flagpole) on a Tickings, jacquard and straw. on the voyage the master shall at the line bearing 100° true and ranging be­ Tobacco seed bed covers. time of leaving submit to the Captain tween the Fort Lee flagpole and the Towels and toweling: of the Port or his representative a sup­ square chimney on the Medical Center Huck. plementary crew list on Form 710A show­ Building at 168th Street, Manhattan; Crash. ing any changes in his crew, giving the and southward of said line ranging be­ Birdseye. names of any members of the crew who tween the Fort Lee flagpole and the Damask. have left the vessel and complete in­ square chimney of the Medical Center. Glass. formation as described above in the case N o t e : Subject to the provisions for naval Honeycomb. of any replacements. In the event that anchorage No. 19, the Captain of the Port Huckaback. there are no changes at any port the may shift the position of, or clear the area Turkish. form should be submitted to the Captain of, any vessel so moored as to obstruct the Twills. of the Port showing “no changes in crew.” use of this area for additional anchorage Twills, broken. of naval vessels when found necessary. Voiles. The purpose of this report is to have Northward of a line bearing 66° true Whipcord. absolutely accurate information as to the names and identification of the members ranging between the south face of the (b) Unless the context otherwise re­of the crew on board when the ship de- building known as “Ben Marden’s Riv­ quires, the definitions set forth in sec­ , parts. The Captain of the Port will take iera” north of the George Washington tion 302 of the Emergency Price Con­ steps to insure the delivery of this report Bridge at Fort Lee, N. J., and the bell trol Act of 1942 shall apply to other by the master at the time of departure. tower of the “Cloisters” at Fort Tryon terms used herein. The report will be sent by the quickest Park, Manhattan; westward of lines § 1400.116 Effective date. This Maxi­ mail to the Commandant, U. S. Coast ranging 29° true from spar buoy (Lat. N. mum Price Regulation No. 118 (§§ 1400.- Guard, Washington, D. C. 40°51'34", long. W. 73°56'54") to spar 101 to 1400.116, incl.) shall become effec­ buoy (Lat. N. 40°52'27", long. W. tive May 4, 1942. F rank K nox, 73°56'16"); thence 2C° true to spar buoy Secretary of the Navy. (Lat. N. 40°54'17", long. W. 73°55'23"); Issued this 22d day of April 1942. Approved: thence 15° true to spar buoy (Lat. N. Leon H enderson, F ranklin D R oosevelt 40°56'20", long. W. 73°54'39"); and Administrator. The White House, April 21, 1942. southward of a line (bearing 104° true) on a range with the latter buoy and the [P. R. Doc. 42-3597; Piled, April 22, 1942; [P. R. Doc. 42-3605; Piled, April 23, 1942; 5:16 p. m.] stack of the Yonkers Sewage Disposal 9:35 a. m.] Plant: Provided, That in order to give free passage for ferry boats, no vessel shall anchor within 300 yards of the line TITLE 33—NAVIGATION AND NAVI­ art nchorage and ovements of of the Englewood, N. J. to Dyckman P 7—A M Street, Manhattan, N. Y., ferry. GABLE WATERS Vessels and the L ading and Discharg­ ing of E xplosive or I nflammable M a­ N o t e : Subject to the provisions for naval Chapter I—Coast Guard, Department of terial, or Other Dangerous Cargo anchorage No. 19, the Captain of the Port the Navy may shift the position of, or clear the area Pursuant to the authority contained in of, any vessel so moored as to obstruct the P art 6—Anchorage R egulations section 1, Title H of the Act of June 15, use of this area for additional anchorage of naval vessels when found necessary. REGULATIONS FOR THE CONTROL OF VESSELS 1917, 40 Stat. 220 (50 U.S.C. 191), as IN THE TERRITORIAL WATERS OF THE amended by the Act of November 15, Eastward of lines bearing 8° true from UNITED STATES 1941 (Pub. Law 292, 77th Cong.), and the northwest corner of the crib ice­ by virtue of the Proclamation and Exec­ breaker north of The New York Central Pursuant to the authority contained in utive Order issued June 27, 1940 (5 F.R. section 1, Title H of the Espionage Act, Railroad Company drawbridge across 2419) and November 1, 1941 (6 F.R. Spuyten Duyvil Creek (Harlem River) to approved June 15, 1917, 40 Stat. 220 5581), respectively, the Rules and Regu­ (U.S.C. title 50, sec. 191), as amended a point 250 yards offshore and on a line lations Governing the Anchorage and with The New York Central Railroad by the Act of November 15, 1941 (Pub. Movements of Vessels and the Lading Law 292, 77th Cong.), and by virtue of signal bridge at the foot of West 231st and Discharging of Explosive or In­ Street, extended, at Spuyten Duyvil, the Proclamation and Executive Order flammable Material, or Other Dangerous issued June 27, 1940 (5 P.R. 2419) and Bronx, N. Y.; thence bearing 19° true to Cargo, approved October 29, 1940 (5 F.R. the channelward face of the Mount St. FEDERAL REGISTER, Friday, April 24, 1942 3043

Vincent dock at the foot of West 261st to 611 for the anchorage of destroyers other than those owned and operated by Street, Riverdale, Bronx, N. V. and small craft on the east side of the the United States desiring to transit river, when the space is not required for the locks shall obtain clearance from Note: Subject to the provisions for naval capital or intermediate ships. Berths 16 the Captain of the Port of Sault Ste. anchorage No. 19, the Captain of the Port Marie prior to entering the canal zone. may shift the position of, or clear the area to 19, 546, 547, and 551 to 555, are for use of, any vessel so moored as to obstruct the only on occasions when the other num­ No small craft other than those owned use of this area for additional anchorage of bered berths available are not sufficient and operated by the United States shall naval vessels when found necessary. for the accommodation of the naval ships dock at the Southwest Pier, Southeast present. The Captain of the Port, on Pier, or Brady Pier at any time. Small Northward of the south side of West request from the proper naval author­ craft other than those owned and op­ 181st Street, prolonged; eastward of a ities, may grant permission to occupy the erated by the United States, not desiring line ranging 28° true from Jeffreys Hook numbered anchorages outside of, or ex­ to transit the locks are prohibited from Light on Fort Washington Point and tending outside of, naval anchorage No. entering the following areas: tangent to the east shore of the river 19, provided those specified in the request (1) Above the locks. The area east at In wood Hill Park; and southward can be made available, commercial con­ of the line of the south ferry rack, ex­ and south of the line through the Michi­ ditions at the time being given proper gan Northern Power Company’s dock tended due east, at Dyckman Street, consideration. If, in his opinion, there Manhattan, N. Y. (1,000 feet west of the Southwest Pier are reasons why the anchorage or an­ Light) northwest to the International Note: Subject to the provisions for naval chorages asked for should not be assigned, boundary near black spar buoy No. 1, anchorage No. 10, the Captain of the Port he will confer with the naval officers may shift the position of, or clear the area making the request, and if other numbers thence easterly along the boundary to the of, any vessel so moored as to obstruct the can be agreed upon, will authorize their Compensating Works. use of this area for additional anchorage of (2) Below the locks. The area south naval vessels when found necessary. use; otherwise he will communicate the and west of the line from the ferry dock request to the Secretary of War with a and coincident with the ferry lane to Naval anchorage. An anchorage is de­ statement of the circumstances and with the International boundary thence along fined and established for the mooring of his recommendation. that boundary west to the Compensating naval vessels northward of the south Section 7.10 (c) (18) is amended by Works. side of West 72d Street, Manhattan, pro­ adding the following subparagraphs: longed; eastward of the east channel line Notes: The above-described areas are pa­ of the Federally improved Weehawken- Weymouth Fore River, at North Wey­ trolled and guarded. Edgewater Channel, said east channel mouth, Massachusetts. Southwesterly of (b) All other craft and vessels—(1) line being extended to a point opposite a line bearing 117° true from channel Personnel authorized to land. The mas­ West 156th Street; thence eastward of light “4”; southeasterly of a line 150 feet ter or mate, only may go from a vessel a line bearing 17° true ranging between from and parallel to the meandering while in the locks to the canal office. the end of the pier at the foot of West easterly limit of the dredged channel; Two deck hands may leave the vessel 134th Street and a point on the George easterly of a line bearing 188° true from to assist in handling the mooring lines Washington Bridge 250 yards westward of the eastern extremity of Rock Island and shall reboard the vessel as soon as the air beacon on the east bridge tower; Head; and northwesterly of the shore the vessel has been moored. No other and southward of said bridge: Provided, line. person may leave or board vessels in the That, in order to give free passage for Weymouth Back River, at North Wey­ locks except in emergency. ferry boats, no vessel shall anchor within mouth, Massachusetts. The cove on the (2) Docking at piers. No vessel shall a limit of 300 yards of the line of the north side of the river lying northerly dock or tie up at the Southwest Pier, West 125th Street, Manhattan to Edge- of a line bearing 264°30' true from the Southeast Pier, or Brady Pier without water, N. J. ferry. southwesterly corner of the American specific authority from the Assistant Agricultural Chemical Company’s wha^j* Note: In the discretion of the Captain of Chief Lockmaster. the Port, small commercial or pleasure ves­ (Bradley’s Wharf), to the shore of East­ (3) Throwing objects overboard. sels may anchor in this area shoreward of ern Neck, about 2,200 feet distant; pro­ Throwing overboard of any rubbish or a line extending from the channelward end vided that boats using this area are so other object in the canal or in the areas of The New York Central Railroad pier at anchored that they will not swing chan­ above or below the locks as described in the foot of West 70th Street to the channel- nelward of said line. paragraphs (a) (1) and (2) above, or ward end of the pier at the foot of West Boston Harbor, at South Boston, | in the approaches to these areas, is 129th Street: and shoreward of the pierhead Massachusetts. Northerly of a line hav­ line as established by the Secretary of War, forbidden. between West 134th Street, and a prolonga­ ing a bearing of 96° true from the stack (4) Discharge of firearms. No fire­ tion of the bridge over The New York Central of heating plant of the Boston Housing arms of any kind shall be discharged Railroad tracks located 1,000 feet south of Authority in South Boston; easterly of a from vessels while in the canal zone. the George Washington Bridge. line having a bearing of 5° true from (5) Smoking on and in vicinity of The Captain of the Port may grant per­ the west shaft of tunnel of the Boston tankers. When tankers are transiting mission for one stake boat to occupy an Main Drainage Pumping Station; south­ the canal and lock, smoking is prohibited area in the westerly 200-yard portion of the erly of the shore line; and westerly of a on canal walls and walks within 50 feet naval anchorage. The Captain of the Port may permit lim­ line having a bearing of 158° true from of the face of walls, and on board the ited temporary anchorage, not to exceed 24 the Northeast corner of the iron fence tanker transiting the locks except in hours, of commercial vessels awaiting berths marking the east boundary of the South such places as may be designated in the in the westerly portion of the naval anchor­ Boston Yacht Club property. ship’s regulations. age south of West 135th Street when use Section 7.10 (d) which reaffirmed and (6) Embarking and debarking. No of the anchorage by naval vessels will permit. continued in force rules and regulations passengers will be permitted to board or The established anchorages for naval governing the movement and anchorage debark from ships while transiting the vessels having been found inadequate at of vessels and rafts in the St. Mary’s canal zone except by authority of the times when large numbers of them are River from Point Iroquois on Lake Su­ District Commander. in the harbor, a numbered series of an­ perior to Point Detour on Lake Huron, (7) Photography. The taking of pic­ chorages is defined and established, as except the waters of the St. Mary’s Falls tures and aerial photographs of the canal shown on Key Chart No. 1, and Kfey Chart Canal, theretofore promulgated by the zone or any of the installations therein No. 2 (not published herein) in order Secretary of Commerce (Code of Federal is prohibited. Ship’s masters and the that when a necessity for additional an­ Regulations, Title 33, Part 323) is military guard are responsible for the chorages arises, permission may be given enforcement of this regulation. amended by adding the following sub- (8) Tugs required. All barges or other naval vessels to anchor at designated paragraphs: points serially numbered from 2 to 40 vessels navigating within the limits of for capital ships, from 100 to 129 for in­ St. Mary’s Falls Canal and Locks, St. Mary’s Falls Canal, whether ap­ termediate ships, from 213 to 399 for. Michigan: Regulations for protection— proaching or leaving the locks and not destroyers and small craft, and from 508 (a) Small craft and rafts. All small craft operating under their own power, will 3044 FEDERAL REGISTER, Friday, April 24, 1942

be required to be assisted by one or more W. from Paradise Point to Ragged Point; vessel will enter the sectors until the sig­ tugs of sufficient power to insure full Including Northeast Creek up to a north- nals indicate that firing has ceased. control at all' times. south line at Long. 77°23'30" W.; and (2) Firing will take place during both (9) Transit of the locks by passenger South-west Creek up to a point where daylight and nighttime hours, at irregu­ or excursion vessels over two hundred it narrows to 200' width; including all lar periods throughout the year. (200) gross registered tons is prohibited. water areas to the high water line. (3) Two days in advance of the day (10) The Coast Guard shall make a (2) Morgan Bay River sector. when firing in any sector except the special examination of each vessel prior Bounded on the north by a line running Stone Creek Sector is scheduled to begin, to its approaching St. Mary’s Falls Canal S. 63°30' W. from Paradise Point to the Commanding Officer of the Marine for each transit. Such examination shall Ragged Point; on the south by a line Barracks, New River, North Carolina, include the inspection of openings to all running N. 74°30' W. from Hadnot Point will warn the public of the contemplated closed compartments, the forepeak, blind to Holmes Point; including Wallace firing, stating the sector or sectors to be hold, dunnage room, windlass room, and Creek up to a north-south line at Long. closed, through the public press and the chain locker; examination of bolt fasten­ 77°22'00" W.; including all water areas U. S. Coast Guard. The Stone Creek ings being such as to detect whether any to the high water line. Sector may be closed without advance tampering has been done. Entry of such (3) F a m e ll B a y River sector. notice. inspection shall be made in the ship’s Bounded on the north by a line ru n n in g (4) A tower, 25 feet in height, shall log. Following the inspection and prior N. 74°30' W. from Hadnot Point to be erected near the easterly shore at the to entering the canal, a square yellow Holmes Point; on the south by a line upper and lower limits of each sector. flag, showing a black ball in the center, running S. 67° E. from Town Point to the On days when firing is scheduled, a red and being not less than 3 feet by 3 feet south side of the mouth of French flag will be displayed on each of the tow­ in size, shall be flown from the forward Creek; including French Creek up to a ers bordering the sector or sectors to be part of the ship. Vessels complying with north-south line at Long. 77°20'00" W.; closed. These flags will be displayed not the above regulations and displaying the including all water areas to the high later than 8:00 a. m., and will be removed flag may be permitted to enter the canal water line. when firing ceases for the day. at the discretion of the United States (4) Grey Point River sector. Bounded (5) During night firing, red lights will Coast Guard. The Coast Guard has on the north by a line running S. 67° be displayed on the towers. authority to board vessels at any time E. from Town Point to the south side of (6) These regulations shall be enforced for the purpose of making investigations the mouth of French Creek; on the south by the Captain of the Port and by the or examinations. by a line running N. 68° 30' W. from a Commanding Officer, Marine Barracks, (11) These regulations shall be supple­ point on the east side of New River New River, North Carolina, or such re­ mentary to the “Regulations to Govern opposite the head of Sneads Creek to the sponsible agent or agents as they may the Use, Administration, and Navigation south side of the mouth of Stone Creek; jointly designate. of St. Mary’s Falls Canal and Locks, including all water areas to the high F rank K nox, Michigan.’’ water line. Secretary of the Navy. Section 7.25 is amended by adding a (5) Stone Creek sector. That portion Approved: new paragraph, as follows: of the Grey Point River sector at the up­ per end of Stone Bay lying west of a F ranklin D R oosevelt § 7.25 Philadelphia, Pennsylvania— north-south line at Long. 77° 26'00" W.; The White House, April 21, 1942. (a) The anchorage area. including all water areas to the high [F. R. Doc. 42-3606; Filed, April 23, 1942; * * * * * water line. 9:35 a. m.] (15) Anchorage No. 15 (Explosive). (6) Stone Bay River sector. Bounded (Reedy Point Explosive Anchorage.) on the north by a line running N. 68°30' Located in the Delaware River approxi­ W. from a point on the east side of New mately one mile north of Reedy Island ¿River opposite the head of Sneads Creek, and is included within the following to the south side of the mouth of Stone TITLE 4 &—SHIPPING points: Creek; on the south by Sneads Perry Chapter I—Bureau of Customs (i) 1,335 yards 122° true from flashing Bridge; Including all water areas to the red light on north jetty of Chesapeake high water line. [T. D. 50612] and Delaware Canal Entrance. (7) Courthouse Bay River sector. Snbchapter A—Documentation, Entrance and Bounded on the north by Sneads Ferify Clearance of Vessels, Etc. (ii) 2,100 yards 118° true from flashing Bridge; on the south by a line running red light on north jetty of Chesapeake Part 4—Carriage of Passengers and Delaware Canal Entrance. S. 52° W. from Wilkins Bluff to Hall Point; including all water areas to the P ari 5—F oreign Clearances (iii) 2,400 yards 125°30' true from high water line. flashing red light on north jetty of (8) Traps Bay River sector. Bounded RESCISSION OF REQUIREMENT THAT MASTER Chesapeake and Delaware Canal En­ on the north by a line running S. 52° W. MAKE OATH AT TIME OF CL&RANCE ON trance. CUSTOMS FORM 1375 OR 1376 WITH RE­ from Wilkins Bluff to Hall Point; on the (iv) 4,200 yards 163° true from flash­ south by a line running N. 80° W. from SPECT TO PASSENGERS TO BE CARRIED ing red light on north jetty of Chesa­ Cedar Point to Inland Waterway Beacon Paragraph (g) of § 4.1, Part 4, Title 46, peake and Delaware Canal Entrance. No. 70, at the mouth of New River; Code of Federal Regulations, is hereby (v) 3,000 yards 162° true from flashing thence S. 74° W. to Hatch Point; includ­ rescinded, and paragraphs (h), (i), (j), red light on north jetty of Chesapeake ing all water areas to the high water line. and (k) of that section are relettered and Delaware Canal Entrance. (g), (h), (i), and (j), respectively. (R.S. The following new section is added: The Regulations 161; 5 U.S.C. 22) § 7.32 Waters of New River, North (b) (1) Sailing vessels or any water Paragraph (b) of § 5.4, Part 5, Title Carolina; Firing sectors. craft having a speed of less than 5 miles 46, Code of Federal Regulations, is here­ per hour will keep clear of the closed by rescinded, and paragraphs (c), (d), The Danger Zone sectors at all times after notices of firing and (e) are relettered (b), (c), and (d), (a) The firing ranges include the wa­ have been given. Any vessel or other respectively. (R.S. 161; 5 U.S.C. 22) ters within eight sectors located as fol­ water craft propelled by mechanical tSEALj - W. R. Johnson, lows: power at a speed greater than 5 miles Commissioner of Customs. per hour may enter the firing sectors Approved: April 21, 1942. (1) Jacksonville River sector. without restriction except when the sig­ Bounded on the north by an east-west nals enumerated in paragraphs (4) and Herbert E. Gaston, line passing through day marker No. 41, (5) are being displayed. When the above Acting Secretary of the Treasury. New River dredged channel; on the signals are displayed, all vessels in the [F. R. Doc. 42-3609;' Filed, April 23, 1942; south by a line running S. 63°30' sectors will clear immediately and no 10:49 a. m.] FEDERAL REGISTER, Friday, April 24, 1942 3045 numbers will be in accordance with ac­ Chapter II—Coast Guard: Inspection and sued. Such attempted sale or transfer Navigation is void and is not a change of ownership cepted engineering practices. within the meaning of the Act of June 7, (4) If the construction of the boat Subchspter G—Motorboats, and Certain Vessels 1918, as amended. The original citizen permits, the number shall also be painted Propelled by Machinery Other Than by Steam on a conspicuous part of the top side for More Than 65 Feet in Length owner may retain the certificate of award of number issued to the vessel in his name the purpose of aerial identification. The Part 29—Enforcement as owner. If the bill of sale on the re­ number shall be placed athwart ships Section 1.63 is renumbered, placed in verse side of the certificate of award of or fore and aft, depending upon which Chapter II—Coast Guard: inspection number has been executed, such bill of of these two areas is the larger, and and Navigation, and amended to read as sale should be canceled by marking such shall be painted in a color which con­ follows: bill of sale “Void”. The following are not trasts to the color of the top side, and changes of ownership within the mean­ the size of the individual numbers shall § 29.8 Procedure relating to number­ ing of the Act of June 7, 1918, as be in proportionate ratio to the scale set ing of motorboats, (a) Application for forth in the preceding paragraph. a certificate of award of number will be amended: made by the owner to the collector of (1) By a citizen to a person not a citizen (g) The statute upon which these customs of the district, acting for the of the United States. regulations are based does not amend Coast Guard, in which the owner resides. (ii) By a citizen.to a person net a citi­ Section 14 of the Act of March 4, 1915, (b) The following undocumented ves­ zen of the United States and then resold requiring the marking of lifeboats. sels are required to be numbered: by such person to the same citizen. Therefore, motor lifeboats which are (iii) By a citizen to a person not a carried on a merchant vessel of the (1) All boats equipped with perma­ citizen of the United States and then United States as a part of the vessel’s nently fixed engines. resold by such person to another citizen. lifesaving apparatus are only required (2) All boats over 16 feet in length (iv) By a citizen to a person not a to be marked in accordance with the equipped with detachable engines. citizen of the United States and then re­ provisions of Section 14 of the Act of (3) All boats not more than 16 feet in sold by such person to another person March 4, 1915, and need not be issued length equipped with detachable engines not a citizen of the United States. individual certificates of award of num­ as the ordinary means of propulsion. ber. (R.S. 161, Sec. 5, 40 Stat. 602, as (2) In cases of sale or transfer since amended: 5 U.S.C. (1940 ed.) 22, 46 (c) The following undocumented ves­ May 27, 1941, with the approval of the sels are not required to be numbered: U.S.C. (1940 ed.) 288; E.O. 9074, 7 F.R. U. S. Maritime Commission, the pro­ 1587) (1) All boats not exceeding 16 feet in cedure outlined in paragraph (a) of this R. R. Waesche, length equipped with detachable engines section shall be followed and, in addition, Commandant. and falling within the following classes: there shall be filed with the application for a certificate of award of number a April 22, 1942. (i) Rowboats and canoes designed and certified copy of the transfer order of [F. R. Doc. 42-3603; Filed, April 23, 1942; intended for the use of oars or paddles the U. S. Maritime Commission approv­ 0 :29 p. m.] as the ordinary means of propulsion. ing such sale or transfer. The collector (ii) ‘Sailboats. shall endorse upon both the original and (iii) Boats designed and used solely duplicate of the certificate of award of for the purpose of racing or operation number the following: TITLE 47—TELECOMMUNICATION incident to racing. Sale (or transfer) to non-citizen approved (d) The papers of a documented vessel, by/the U. S. Maritime Commission Transfer Chapter I—Federal Communications when such vessel is in commission, shall Order No. ____ _ dated------Commission be on board and accessible to the person [Order No. 91-A] in charge except when such papers are (f) For the duration of the war and in the custody of the collector. A certifi­ six months thereafter every undocu­ P art 13—R ules Governing Commercial mented motor vessel, which is required to Radio Operators cate of award of number of an undocu­ be numbered, and which is found on the mented vessel operated in whole or in navigable waters of the United States, At a meeting of the Federal Commu­ part by machinery, when such vessel is shall have the number painted on its nications Commission held at its offices in commission, shall be kept on board at structure in the following manner: in Washington, D. C., on the 21st day of all times and shall be accessible to the April 1942; person in charge except when such papers (1) The number awarded shall be The Commission having under consid­ are in the custody of the collector. painted horizontally in block characters, eration its Order No. 91 and the request This requirement does not apply to any reading from left to right, on each side of the Defense Communications Board such vessels if they do not exceed seven­ of the vessel, as near the forward end as that the Commission consider further teen feet in length, measured from end legibility of the entire number for sur­ relaxation of its rules and regulations to end over the deck, excluding sheer, face and aerial identification permits. governing the requirements for operators nor to any vessels, regardless of length, (2) The number shall be painted with of broadcast stations; and, if the design or fittings are such that the paint which contrasts to the color of the It appearing that the demand of the carrying of the certificate of award of hull, i. e., if the hull is light the color of military services for radiotelegraph and number on board would render it im­ the numbers shall be dark, or if the hull radiotelephone operators has increased perfect, illegible, or would otherwise tend is dark the color of the numbers shall be as a result of the war and that such de­ to destroy its usefulness as a means of light. mand has decreased the number of oper­ ready identification. (3) The number shall be painted par­ ators qualified for operation of broad­ (e) For the duration of the war, the allel with the water line and the dis­ cast stations resulting in a shortage of issuance of a certificate of award of num­ tance between the water line and the bot­ such operators; ber under the Numbering Act of June 7, tom of the number shall not be less than It is ordered, That until further order 1918, as amended (46 U.S.C., Sup. 288), the minimum height of the number. The of the Commission, notwithstanding the to a vessel the sale or transfer of which height of the number shall be in accord­ provisions of § 13.61 of the Commission’s in whole or in part is subject to Section ance with the following scale: Rules and Regulations Governing Com­ 37 of the Shipping Act, 1916, as amended Height of mercial Radio Operators, a broadcast (46 U.S.C. 835), shall be governed by the Length of vessel: letters station of any class, which by reason of following: Under 20'-0"__------6"-8" Above 20'-0" and under 40'— ------10" actual inability to secure the services of (1) Where such vessel has been,, since Above 40' and under 6 0 '-—- —------18'| an operator or operators of a higher May 27,1941, sold or transferred in whole Over 60'------24" class could not otherwise be operated, or in part without the approval of the The width of the characters of the num­ may be operated by holders of any class U. S. Maritime Commission, no new cer­ commercial operator license; * tificate of award of number shall be is­ ber and the thickness of the individual I

% 3046 FEDERAL REGISTER, Friday, April 24, 1942

Provided, however, That all classes of (i), 48 Stat. 1068; 47 U.S.C. 154 (i)— TITLE 49—TRANSPORTATION AND commercial operator licenses shall be Sec. 203, 48 Stat. 1070 ; 47 UJS.C. 203) valid for the operation of broadcast sta­ RAILROADS tions upon the condition that one or more By the Commission. Chapter II—Office of Defense first-class radio-telephone operators are [ seal] T. J. S lowie, Transportation employed who shall be responsible at all Secretary. [General Order O.D.T. No. 1] times for the technical operation of the [F. R. Doc. 42-3621; Filed, April 23, 1942; station and shall make all adjustments 11:48 a. m.j P art 500— Conservation of R ail of the transmitter equipment other than E quipment minor adjustments which normally are needed in the daily operation of a MERCHANDISE TRAFFIC1 station; [Order No. 93] By virtue of the authority vested in me Provided further, That a broadcast W aiver of Provisions R elating to Latin- by the Executive Order No. 8989, dated station may be operated by a holder of American Students December 18,1941, and in order to make a restricted radiotelephone operator per­ available railway cars and other trans­ At a session of the Federal Communi­ portation facilities and equipment for mit only in the event such permit has cations Commission held in its offices in been endorsed by the Commission to show the preferential transportation of mate­ Washirffeton, D. C. oh the 21st day of rial of war; to prevent shortages of the operator’s proficiency in radiotele­ , April 1942. phone theory as ascertained through equipment necessary for such transpor­ The Commission having received in­ tation; to conserve and providently uti­ examination. formation that the Civil Aeronautics Ad­ Provided further, That nothing con­ lize transportation facilities and service; ministration has iriStituted a program and to expedite the movement of freight tained herein shall be construed to re­ of specialized aeronautical training in lieve a station licensee of responsibility traffic, the attainment of which purposes this country for selected Latin-American is essential to the successful prosecution for the operation of the station in exact students; and accordance with the Rules and Regula­ of the war, as contemplated by isection It appearing that in the course of such 6 (8) of the Interstate Commerce Act, tions of the Commission; and training the students must, operate radio Provided further, That § 13.61 of the transmitting apparatus; and as amended, it is hereby ordered, that Commission’s Rules and Regulations It further appearing that it will serve Sec, Governing Commercial Radio Operators 500.1 Definitions. the public interest, convenience oraeces- 500.2 Loading of cars. shall remain in full force and effect ex­ sity to permit such radio operation by 5003 Holding of shipments. cept as modified by this Order. such Latin-American students; 500.4 Routing and records. By the Commission. Now, therefore, it is ordered, That, 500.5 Submission of plans. [seal] T. J. Slowie, subject to the conditions hereinafter 500.6 Diversion of shipments. Secretary. stated, the provisions contained in sec­ 500.7 Records and reports. tion 318 of the Communications Act of 500.8 Effective dates. [F. R. Doc. 42-3622; Filed, April 23, 1942; 1934, as amended, be, and they are here­ Authority: §§ 500.1 to 500.8, inclusive, 11:48 a. m.} by, waived insofar as such provisions issued under E.O. 8989, 6 F.R. 6725. require that such Latin-American stu­ § 500.1 Definitions. As used in this dents hold operators’ licenses in order part: to operate radio transmitting apparatus (a) The term “carrier” includes every Part 61—T ariffs, Rules Governing the in connection with such program; and Construction, F iling and P osting of It is further ordered, That, subject to carrier for hire, common or contract, S chedules of Charges for Interstate the following conditions, such students operating in whole or in part by railroad, and F oreign Communication Service be, and they are hereby, authorized to by motor vehicle, by inland waterways engage in such operation of radio trans­ (including coastal canals), or as a The Commission, on April 21, 1942, mitting apparatus without operators’ freight forwarder. effective immediately, amended § 61.136, licenses until further order of the Com­ (b) The term “merchandise” includes Form of Concurrence, as follows: - mission: less-thap-carload, any quantity, and Strike from the concurrence form the freight forwarder shipments,, except 1. Such students must meet all re­ shipments carried in passenger train words “together with amendments there­ quirements for licensed radio operators cars. of and successive issues thereof which the except that of United States citizenship, named issuing carrier may make and and hold a certificate issued by the Fed­ § 500.2 Loading of cars. No carrier file”. eral Communications Commission show­ by railroad, on and after the effective In the fifth line of concurrence form, ing that such requirements have been date specified in § 500.8, shall accept for change “himself” to “itself”. met. The procedure for obtaining such shipment or forwarding, load or forward At the end of the section, after the last certificate shall be the same as that for from the city or town at which such sentence add the following: obtaining a radio operator’s license. car is originated, or between points in 2. Such operation must be restricted the same city or metropolitan area, any * * * A concurrence in any tariff to equipment used or designated by the railway closed car containing less than described therein shall be deemed to in­ Civil Aeronautics Administration in its 10 net tons of merchandise except: clude all amendments and successive training of such students. (a) A car loaded to Its full legal or issues thereof which the issuing carrier 3. Such operation must be restricted visible cubic capacity; named therein may make and file, and to periods when the training of the stu­ (b) Where there is no other common all such amendments and successive is­ dents is actually in progress and such carrier or commorir carriers, consistently sues so filed shall be binding between operation is part of their training. with the provisions hereof, capable of the public and the carriers; but as be­ 4. Such operation must be strictly in transporting the shipments to be con­ tween the carriers themselves, the filing accordance with instructions given the tained within the car; by the issuing carrier of any such students by authorized Civil Aeronautics (c) A car which, because of construc­ amendment or successive issue with the Administration officials or other persons tion or design, can not be interchanged Federal Communications Commission specifically designated by the Civil Aero­ with other carriers, under M. C. B. rules; shall not imply or be construed to imply nautics Administration. (d) A refrigerator car loaded in the an agreement thereto by, nor shall such By the Commission. direction of its normal empty movement; filing affect the contractual rights or (e) A car principally containing air­ remedies of, any concurring carrier [seal] t . J. Slowie, planes, marine equipment, armament, which has not by contract or otherwise Secretary. specifically consented in advance to such [F. R. Doc. 42-3623; Filed, April 23, 1942; 1 Explanatory statement filed with the amendment or successive issue. (Sec. 4 11:49 a. xn.] Division of the Federal Register. FEDERAL REGISTER, Friday, April 24, 1942 3047 artillery, munitions, parts thereof, tools Office, pursuant to such final plan or and machinery therefor, or materials plans as this Office may formulate and used in the production thereof, consigned prescribe. calendar month to the undersigned: to any military, naval or lend;lease § 500.6 Diversion of shipments. (a) The number of freight cars loaded agency of the United States or to any Whenever a carrier by railroad is un­ or forwarded with LCL freight over each person directly or indirectly engaged in able to hold, load or forward any ship­ of its' merchandise car lines or routes, producing, processing or assembling any ment of merchandise consistently with and the number of tons loaded therein; thereof, for any such agency; the provisions of this part, it shall di­ (b) A detailed statement of the origin, (f) A car containing perishables, or vert such shipment to another carrier, destination and weight of all cars han­ explosives and dangerous articles, as the which other carrier shall accept such dled during such calendar month loaded latter are defined in 18 U.S.C. 383; shipment at the consignor’s door or at or forwarded with less than 10 tons of (g) A pick-up or concentration car the diverting carrier’s station, as the less-than-carload freight, with an indi­ operated between points which, from case may be, and, to the extent of its cation of the particular section or para­ previous experience or actual present available service capacity, and con­ graph of this General Order authorizing knowledge, it is reasonable to believe will sistently with the provisions of this part, such movement. arrive at destination with a net load of load, forward and deliver such shipment § 500.8 Effective dates. This part shall at least 10 net tons; as the agent of the diverting carrier, become effective on May 1, 1942: Pro­ (h) When authorized by special or pursuant to the tariff rates, rules and vided, That (without modifying § 500.7) general permit of this Office. regulations and upon the billing of the unless and until otherwise ordered: § 500.3 Holding of shipments. No bill-of-lading carrier but via such routes (a) Between May 1, 1942 and July 1, carrier by railroad shall hold, carry over, and connections as the carrier to whom 1942, a minimum load of 6 tons per car store, or warehouse any shipment of diverted shall select, upon the follow­ may be observed in lieu of the load of 10 merchandise at any one station, except ing terms and conditions: tons per car otherwise required by § 500.2. the final destination of the shipment, (a) C arrier responsibility to the (b) Between July 1,1942 and Septem­ for longer than 36 hours, or at two or owner of the property and among the ber 1, 1942, a minimum load of 8 tons more such stations for an aggregate pe­ participating carriers shall be as pro­ per car may be observed instead of a riod of more than 48 hours, except where vided for initial, terminating, interme­ minimum load of 10 tons per car required there is no other common carrier or car­ diate or delivering carriers by section under the provisions of § 500.2. riers capable of transporting the ship­ 20 of the Interstate Commerce Act. Witness my hand this 23d day of ment consistently with the provisions of (b) Except as may be otherwise pro­ March 1942. this part. vided by agreement between the inter­ Joseph B. Eastman, § 500.4 Routing and records. Where ested carriers or prescribed by the Inter­ Director of Defense Transportation. necessary to further the purposes of this state Commerce Commission or by this part, every carrier by railroad is author­ Office upon appropriate application, the [F. R. Doc. 42-3596; Filed, April 22, 1942; ized and directed to depart from or dis­ revenues accruing from any shipment 3:44 p. m.] regard the routing specified in the bill diverted hereunder shall be divided as of lading of any merchandise shipment: follows: Provided, every such carrier shall keep Notices and maintain adequate records of every (1) The diverting carrier shall receive that percentage of the total freight shipment so diverted. DEPARTMENT OF STATE. § 500.5 Submission of plans. Every charges (excluding charges of all prior carrier described in § 500.1, individually connections) which the first-class rail Committee for Reciprocity Informa­ or jointly, promptly shall formulate and rate from the point at which the divert­ tion. submit to this Office, for consideration, ing carrier received the shipment to the point of diversion bears to the sum of Trade-A greement Negotiations with plans designed to accomplish the pur­ Mexico poses of this part by one or more of the such first-class rail rate and the first- methods described below: class rail rate from the point of diversion PUBLIC NOTICE OF SECOND SUPPLEMENTARY to destination, and the carrier to whom LIST OF PRODUCTS (a) Establish regular scheduled sail­ diverted (and its connections) shall re­ ing days for specified merchandise car ceive the remainder of such charges sub- - Closing date for submission of briefs, lines; ject to a minimum of either (i) twenty May 11,1942; closing date for application (b) Alternate or stagger merchandise (20) cents per 100 pounds, for the first to be heard, May 11, 1942; public hear­ vehicle schedules between any two or 100 miles (or fraction thereof) of its ings open, May 18, 1942. more points; haul, and ten (10) cents per 100 pounds The Committee for Reciprocity Infor­ (c) Reciprocally exchange merchan­ for each succeeding 100 miles (or frac­ mation hereby gives notice that all in­ dise shipments between two or more tion thereof), plus in any case five (5) formation and views in writing, and all points; cents per 100 pounds for any pick-up at applications for supplemental oral pre­ (d) Pool merchandise traffic, or reve­ the door of the consignor or delivery to sentation of views, with regard to the nues, or both between any two or more the door of the consignee, which may second1 supplementary list of products points; be performed by the carrier to whom announced by the Secretary of State on (e) Jointly load or operate merchan­ diverted (any shipment of less than 100 this date in connection with the negotia­ dise vehicles between any two or more pounds being taken as weighing 100 tion of a trade agreement with the Gov­ points; pounds); or (ii) fifty (50) cents per ship­ ernment of Mexico, shall be submitted to (f) Appoint another person or carrier ment; whichever is the greater; the Committee for Reciprocity Informa­ to act as its or their individual, common (2) Subject to the minima specified in tion not later than 12 o’clock noon, May or joint agent to solicit, concentrate, paragraph (a) of this section, when the 11, 1942. Such communications should shipment is diverted at origin by the bill- be addressed to “The Chairman, Com­ receive, load, forward, carry, unload»^ mittee f o r Reciprocity Information, distribute, deliver merchandise traffic,.1 of-lading carrier, who performs no line- haul movement thereof, such carrier shall Tariff Commission Building, Eighth and receive, account for, distribute gross or E Streets NW., Washington, D. C.” net revenues therefrom, or otherwise receive 10% of the revenue of 50 per 100 pounds in case of rates under 500, and A public hearing will be held, begin­ handle or conduct the carrier’s or car­ be reimbursed for the amount paid by ning at 10 a. m. on May 18, 1942, before riers’ business as carriers of merchan­ it for the pick-up, if any, of the shipment. the Committee for Reciprocity Informa­ dise, upon just and reasonable terms tion, in the hearing room of the Tariff and conditions: Provided, No carrier (c) Unless otherwise agreed, settle­ Commission in the Tariff Commission shall take any action of the character ments hereunder shall be made in cash Building, when supplemental oral state­ described in §§ 500.5 (a) to 500.5 (f), in­ at the time and place where the shipment ments will be heard with regard to the clusive, except as it may hereafter be is diverted. products contained in the second supple- required to take in compliance with a § 500.7 Records and reports. Each specific order or orders issued by this carrier by railroad shall record for con- *7 FR. 2852. 3048 FEDERAL REGISTER, Friday, April 24, 1942 mentary Hst, unless persons Interested In SECOND SUPPLEMENTARY LI8T OF The Notice of and Order for Hearing, these products request that they be PEODUCTS dated December 18, 1941, and the com­ heard at a later date acceptable to the plaint herein having been duly served United Committee. States on the code member on December 24, Six copies of written statements, either Tariff Present 1941, and said hearing scheduled at Act of Description of article rate of typewritten or printed, shall be submit­ 1030 . duty Zanesville, Ohio, on January 22, 1942, ted, of which one copy shall be sworn to. par. Ne. having been postponed by Order dated Appearance at hearings before the Com­ January 19,1942, to a date and place to mittee may be made only by those per­ Cents be thereafter designated by an appro­ sons who have filed written statements per lb. priate order; and 727 Eice polish. __ ft and who have within the time prescribed 727 Eicebran...... The code member having, on January made written application for a hearing, 14, 1942, duly filed with the Division and statements made at such hearings an application dated January 7, 1942, shall be under oath. [F. R. Doc. 42-3620; Filed, April 23, 1942; for disposition of this proceeding with­ By direction of the Committee for 11:35 a. m.] out formal hearing, pursuant to § 301.132 Reciprocity Information this 21st day of of the Rules of Practice and Procedure April 1942. Before the Bituminous Coal Division; E. M. Whitcomb, and Acting Secretary. DEPARTMENT OF THE INTERIOR. Notice, dated February 10, 1942; of the filing of said application having been Washington, D. C., April 21, 1942. Bituminous Coal Division. published in the F ederal Register on Second Supplement to the List of Prod­ [Docket No. A—1310 Part II] February 12, 1942, pursuant to § 301.132 of the Rules of Practice and Procedure, ucts on Which the United States Will P etition of D istrict Board No. 4 for an Consider Granting Concessions to and copies thereof having been duly Mexico Additional Shipping P oint for Min e mailed to interested parties, including I ndex N o. 161 of Belmont W heeling the Bituminous Coal Producers Board for Pursuant to section 4 of an act of Coal Company, P ursuant to Section District No. 4, complainant herein; and Congress approved June 12,1934, entitled 4 I I (d) of the Bituminous Coal Act Said Notice of filing having provided “An Act to Amend the Tariff Act of 1930,” of 1937 that interested parties desiring to do so as extended by Public Resolution 61, ap­ ORDER DISMISSING PETITION might, within fifteen days from the date proved April 12, 1940, and to Executive of said Notice, file recommendations or Order 6750, of June 27,1934, public notice The original petitioner herein having requests for informal conferences in re­ of intention to negotiate a trade agree­ by telegram requested that the proceed­ spect to said application and it appear­ ment with the Government of Mexico ing in the above-entitled matter be dis­ ing that no such recommendations or was issued on April 4, 1942. In connec­ missed without prejudice, and there be­ requests were filed with the Division tion with that notice, the Acting Secre­ ing no opposition thereto; within said fifteen-day period; and tary of State published a list of products Now, therefore, it is ordered, That the It further appearing in said applica­ on which the United States will consider original petition in the above-entitled tion that the code member has admitted the granting of concessions to Mexico, matter be dismissed without prejudice. the sale and delivery of 855.7825 tons of and announced that concessions on prod­ Dated April 22, 1942. bituminous coal produced at his Ten X ucts not included in the list would not be [seal] Dan H. W heeler, Company limine (Mine Index No. 935), considered unless supplementary an­ Acting Director. District No. 4, during the months of Jan­ nouncement were made. uary to April 1941, inclusive, in violation [F. R. Doc. 42-3610; Filed, April 23, 1942; The Acting Secretary of State an­ 11:19 a. m.] of section 4 n (g) of the Act, the Sched­ nounced on April 11, 1942, that certain ule of Effective Minimum Prices for Dis­ other products had been added to the list trict No. 4, for Truck Shipments, and issued on April 4, 1942. Price Instruction No. 6 as amended and The Secretary of State now announces [Docket No. B -ll] contained in said schedule as set forth that the products described below have In the Matter of W alter V. B eisser, in the complaint herein; and in addition been added to the lists issued on April 4, D oing Business as Ten X Coal Com­ thereto a similar violation by the sale 1942, and April 11,1942. pany, Code Member and delivery during the months of May The Committee for Reciprocity Infor­ and June 1941, inclusive, of 322.875 net mation has prescribed that all informa­ ORDER GRANTING APPLICATION FILED PURSU­ tons of run of mine coal produced at said tion and views in writing and all appli­ ANT TO § 301.132 OF THE RULES OF mine at $1.95 per net ton delivered to cations for supplemental oral presenta­ PRACTICE AND PROCEDURE, TERMINATING the Pittsburgh Plate Glass Company, tion of views relating to products in­ CODE MEMBERSHIP, PROVIDING FOR PAY­ Fultonham, Ohio (a distance of 12 miles cluded in the second supplementary list MENT OF TAX FOR RESTORATION OF CODE from said mine), whereas the effective shall be submitted to it not later than 12 MEMBERSHIP AND CANCELLING HEARING minimum price was $1.95 per net ton o’clock noon, May 11,1942. They should A complaint, dated August 5, 1941, f. o. b. said mine; and be addressed to “The Chairman, Com­ pursuant to the provisions of sections It further appearing in said applica­ mittee for Reciprocity Information, Tar­ 4 II (j) and 5 (b) of the Bituminous Coal tion that the Code member represents iff Commission Building, Eighth and E Act of 1937 (the “Act”) , having been duly that he has not to the best of his Streets NW., Washington, D. C.” Sup­ filed on September 3, 1941, by the Bitu­ knowledge and belief committed any plemental oral statements with regard to minous Coal Producers Board for District violations of the Act, the Code, or regu­ any product contained in this list will No. 4, complainant, with the Bituminous lations thereunder other than those de­ be heard at the public hearing beginning Coal Division (the “Division”), alleging scribed in said Notice of and Order for at 10 a. m. on May 18, 1942, before the that Walter V. Beisser, doing business as Hearing and the aforesaid additional Committee for Reciprocity Information, Ten X Coal Company, a code member violations described in said application; in the hearing room of the Tariff Com­ wilfully violated the provisions of tile and mission in the Tariff Commission Build­ Bituminous Coal Code (the “Code”) It further appearing in said applica­ ing, unless persons interested in these and the Marketing Rules and Regula­ tion that the Code member consents to products request that they be heard at tions promulgated thereunder in that the entry of an order revoking his mem­ a later date acceptable to the Committee. said code member sold and delivered by bership in the Code and imposing a tax Suggestions with regard to the form truck substantial quantities of coal pro­ in the amount of $1,052.74 as a condition and content of presentations addressed duced at his Ten X Company Mine precedent to restoration of his member­ to the Committee for Reciprocity Infor­ (Mine Index No. 935) located in Muskin­ ship in the Code and agrees to pay such mation are included in a statement re­ gum County, Ohio, to various purchasers tax as a condition to such restoration; leased by that Committee on December and at prices as more fully set forth in Now therefore, Pursuant to the Au­ 13, 1937. the complaint herein; and thority vested in the Division by section FEDERAL REGISTER, Friday, April 24, 1942 3049

4 II (j) of the Act, authorizing it to last-mentioned date, and is now, a code General Land Office. adjust complaints of violations, and to member in District No. 4, operating the R educing and Revoking Certain Stock compose the difference of the parties Ten X Company Mine, (Mine Index No. D riveway W ithdrawals in Montana thereto, and upon the application of the 935) located in Muskingum County, State code member, dated January 7, 1942, for of Ohio; April 4, 1942. disposition without formal hearing of (c) That the code member wilfully The departmental orders of Septem­ the charges contained in the complaint violated the provisions of section 4 II (g) ber 12, 1917, March 18, April 24, and herein, and filed with the Division on of the Act, Part II (g) of the Code and June 25, 1918, January 16, 1920, and Au­ January 14, 1942, pursuant to said the effective minimum prices established gust 31, 1931, withdrawing certain lands § 301.132 of the Rules of Practice and thereunder, by selling to various pur­ in Montana for stock driveway purposes Procedure; chasers on an f. o. b. destination basis under section 10 of the act of December It is hereby found as follows: (a) Wal­ 855.7825 net tons of coal as alleged in the 29, 1916, as amended by the act of Jan­ ter V. Beisser, doing business as Ten X complaint herein and 322.875 net tons uary 29, 1929, 39 Stat. 865, 45 Stat. 1144, Coal Company, code member named in of coal as described in said application, 43 U.S.C. 300, are hereby revoked so far the complaint herein, has his principal which coal was produced at his Ten X as they affect the following-described office at Zanesville, Ohio, and is engaged Company Mine (Mine Index No. 935), lands, which are within Montana Graz­ primarily in the production and sale of without adding to the effective minimum ing Districts Nos. 3 and 6, established bituminous coal; mine prices therefor the cost of transpor­ April 8, 1935, and October 4, 1939: (b) On February 5, 1940, the code tation, handling, and other incidental member filed with the Division his ac­ charges as required by Price Instruction Principal Meridian ceptance dated February 2, 1940, of the No. 6, as amended and contained in the T. 12 N., R. 20 E., Sec. 17, Sy2SWy4 and SWy4SE^, Code; said acceptance was made effec­ Schedule of Effective Minimum Prices for Sec. 20, NWV4NE14 and Ny2NW^, tive by the Division on February 5, 1940, District No. 4, for Truck Shipments, as Sec. 28, SW^SW1^; and that the code member has been since follows: T. 5 N., R. 48 E., Sec. 2, NWx/4NW]4; T. 6 N., R. 48 E„ Effective Sales price m inimum f. 0. b. re­ Mileage Purchaser and des­ sec. 34, wy2swy4; Period of sale 1941 Size of coal Tons sold to des­ T. 2 N., R. 49 E., price f. 0. b. spective tination tination mine destination Sec. 8, NW14SW1/4, Ny2SEV4, and SE^SE^j T. 3 N„ R. 49 E„ January, February, and 4" lum p______166. 7875 $2.70 $4.25 100 City Coal Co., Mar­ Sec. 34, W‘/2NWy4; March ion, Ohio. T. 4 N„ R. 49 E„ January and March...... 2" x 4" egg...... 68.99 2.35 3.75 80 Ideal Electric Co., Sec. 26, SW^SE^; Mansfield, Ohio. February, March, and 4" lum p______. . . . . 116.85 2.70 4.25 80 Mansfield Transfer & T. 3 N., R. 50 E., April. Storage Co., Mans­ Sec. 6, Ey2, SE^4NW]4, NE^SW^. and field, Ohio. sy2swy4, February and March... 4" lum p______17.135 2.70 4.25 100 Marion Metal Prod­ ucts Co., Marion, Sec. 22, Ey2; Ohio. T. 10 N„ R. 50 E., f l M" x 2" n ut______71.143 1.95 2.10 12 [Pittsburgh Plate Glass Sec. 24; February, March, 52.15 2.35 2.50 Co., Fultonham, T. 9 N., R. 51 E., 362.775 2.30 April, May, and June. 1ll4"x4"egg ...... 2.45 Ohio. Sec. 8, Ey.NEi/4, IRun of m ine______322.875 1.95 1.95 Sec. 28, lots 1, 2, 3, 4, 5, and 6; T. 10 N., R. 51 E., ' Sec. 6, Ny2NE>4, NW&. and Wy2SW^, It is hereby further found, That the appropriate order be and the same is Sec. 18, wy2NEi4, Wx/2, NW14SE14, and amount of tax imposed by sections 5 (b) hereby cancelled. lot 5; and (c) of the Act upon the above ton­ Dated: April 22, 1942. T. 1 N., R. 52 E„ nage of 1,178,6575 tons and required to Sec. 6, Sy2, be paid by the code member as a con­ [seal] D an H. Wheeler, Sec. 8, SE^SE^; dition to restoration of his membership Acting Director. T. 5 N., R. 52 E„ in the Code is $1,052.74, which amount is [F. R. Doc. 42-3611; Filed, April 23, 1942; Sec. 2, SW«4NW% and SWV4, 39% of the aggregate of the effective 11:19 a. m.] Sec. 24, lot 8; T. 6 N., R. 52 E., minimum prices therefor of $2,699.35; Sec. 14, Wy2, Now, therefore, Based upon the above Sec. 28, SE^NE^, Ny2SE^4, and SE14SE&; Findings and said admissions and the [Docket No. A-1330 Part II] T. 7 N., R. 52 E., consent filed by the code member pur­ Sec. 6, Ny,NW% and SE&NW^, suant to said § 301.132 of the Rules of P etition of D istrict Board N o. 13 for Sec. 20, NEi4NE%, S^N E^, SE^SWft. Practice and Procedure; the E stablishment of P rice Classifi­ and SE14, It is ordered, That the foregoing ap­ cations and Minimum P rices for the Sec. 22, Nx/2; T. 4 N., R. 53 E.. plication of the code member, heretofore Coals of Certain Mines in District Sec. 6, lots 1 to 9, inclusive, SE^NWVi, filed with the Division, be and the same No. 13 P ursuant to Section 4 II (d) of and sy2NE%, hereby is granted; the B ituminous Coal Act of 1937 Sec. 20, Wy2; It is further ordered, That pursuant T. 5 N„ R. 53 E., to section 5 (b) of the Act, the member­ ORDER POSTPONING HEARING Sec. 30, lots 1, 2, 3, 4, 9, 10, 11, and 12; ship in the code of Walter V. Beisser, do­ The original petitioner having moved T. 8 S., R. 47 E., ing business as Ten X Coal Company be to postpone the hearing in the above- Sec. 22, SE^NEi/i, and the same hereby is revoked and entitled matter heretofore scheduled for Sec. 32, NW^NE^; T. 9 S., R. 47 E., cancelled; 10 o’clock in the forenoon of April 28, Sec. 5, Wy2, It is further ordered, That prior to 1942, at Washington, D. C., and having sec. 7, sy2, restoration of membership in the Code, shown good cause why this motion Sec. 8, all, Walter V. Beisser, doing business as Ten should be granted; Sec. 18, Nx/2 and Ny2S ^ , X Coal Company» shall pay to the United Now, therefore, it is ordered, That the Sec. 30, Sy2;-' States, a tax in the amount of $1,052.74 hearing in the above-entitled matter T. 7 S., R. 48 E., sec. 12; T. 8 S., R. 48 E., as provided in section 5 (c) of the Act; heretofore scheduled for April 28, 1942, Sec. 4, Nx/2, and is postponed until 10 a. m. in the fore­ Sec. 5, Ny2; It is further ordered, That said cancel­ noon of May 6, 1942, at the place and T. 4 S., R. 51 E„ lation and revocation of code member­ before the officers heretofore designated. Sec. 35, SW%NE]4 and NE&NW^; ship shall become effective fifteen (15) Dated: April 22, 1942. T. 3 S., R. 52 E., Sec. 35, lots 1 to 8, inclusive, lots 10, 11, [seal] Dan H. W heeler, days from the date of entry hereof; and and 12; It is further ordered, That the hear­ Acting Director. T. 4 S., R. 52 E., ing heretofore postponed to a date and [F. R. Doc. 42-3612; Filed, April 23, 1942; Sec. 31, SWV4SW&, place to be thereafter designated by an 11:20 a. m.] Sec. 84, SWftSW&j No. 80---- s 3050 FEDERAL REGISTER, Friday, April 24, 1942 T. 5 S., R. 52 E., T. 9 S., R. 63 E., learners issued to the Atco Garment Sec. 3, NWNW54, Sec. 18, all, Company, of Hammonton, New Jersey, Sec. 4, SWy4NE^. NW$4SE&, and S%SB%, Sec. 19, lots 1, 2, 3, and 4, Sec. 15, Ny2NWy4> sy2SWy4> and SE&; Sec. 31, lots 6 and 11; have been ordered cancelled as of the T. 1 S., R. 53 E., aggregating 28, 960.63 acres. first date of violation because of viola­ Sec. 22, Sy2SE%, tion of their terms. Sec. 27, lots 1, 2, and 3; [seal] Oscar L. Chapman, The order of cancellation shall not T. 8 S., R. 53 E., sec. 8, SW&NEft; Assistant Secretary of the Interior. become effective and enforceable until T. 8 S., R. 54 E., [F. R. Doc. 42-3602; Filed, April 23, 1942; after the expiration of a fifteen-day Sec. 6, all, period following the date on which this Sec. 7, Sy2SEi4, 9:28 a. m.] Sec. 28, wyzNE^; Notice appears in the Federal R egister. T. 9 S., R. 65 E., sec. 8, NE&SEÍ4; During this time petitions for recon­ T. 4 S., R. 58 E., sideration or review may be filed by any Sec. 31, Ny2, DEPARTMENT OF AGRICULTURE. directly interested and aggrieved party Sec. 32, Ny2, pursuant to § 522.13 of the Regulations. Sec. 33, N1^, Office of the Secretary. If a petition is properly filed, the effec­ Sec. 34, Ny2. tive date of the order of cancellation Sec. 35, NEi/4; P roclamation With R espect to the Base shall be postponed until final action is T. 6 S., R. 58 E., P eriod T o B e U sed for the Purpose of taken on the petition. Sec. 25, Sy2, a Marketing Agreement and Order Sec. 26, Sy2, Signed at City of New York this 20th R egulating the Handling of Fresh day of April 1942. sec. 27, sy2sy2, P eaches Grown in the State of Geor­ Sec. 28, Sy2, gia1 Alex G. Nordholm, Sec. 29, S%, Duly Authorized Representative Sec. 30, lots 5, 7, and 8, Ey2SW%, and SE^4; By virtue of the provisions of Public of the Administrator. T. 4 S., R. 59 E., Act No. 10, 73d Congress, as amended and Sec. 31, lots 1, 2, 3, and 4, SE]4NE%, and [F. R. Doc. 42-3608; Filed, April 23, 1942; Ey2GEÍ4, as reenacted and amended by the Agri­ 10:03 a. m.] Sec. 32, SW^, cultural Marketing Agreement Act of Sec. 34, SEy4SW^ and Si/aSE^, 1937 (50 Stat. 246 (1937), 7 U.S.C. 1940 Sec. 35, Sy2SWV4 and SE14; ed. § 601 et seq.), as amended, the under­ T. 6 S., R. 59 E., signed hereby finds and proclaims that U niversal Coat Co. Sec. 29, Ni/2, Ny2swy4, and SE^, the purchasing power of fresh peaches NOTICE OF CANCELLATION OF SPECIAL CER­ Sec. 30, all, grown in the State of Georgia during the Sec. 32, Ny2NEi4, TIFICATE FOR THE EMPLOYMENT OF LEARN­ pre-war period, August 1909-July 1914, ERS IN THE APPAREL INDUSTRY Sec. 33, SW^NE 14, NW^NW^, Sy2NW%, cannot be satisfactorily determined from and SEÍ4; Notice is hereby given that the special T. 7 S., R. 59 E., available statistics of the Department of Sec. 1, NE 14, sy2NWy4, and Sy2, Agriculture, but the purchasing power of certificate dated December 31, 1940 au­ Sec. 2, lots 1, 2, and 4, and S}£N}4, such peaches can be satisfactorily deter­ thorizing the Universal Coat Company, Sec. 3, Ny2, mined from available statistics of the De­ of Gloucester, Massachusetts to employ Sec. 4, Ey2NE^, partment of Agriculture for the post-war as learners at any one time not in excess Sec. 6, lots, 2, 3, 4, and 5, SW^NE^, and period, January 1920-December 1928. of five percent of the total number of W!/2SE14, The period January 1920-December productive factory workers (not includ­ Sec. 7, lots 2, 3, and 4, SW 14NE a n d ing office and sales personnel) employed W%SE»4, 1928 is, therefore, hereby declared and Sec. 18, lots 1, 2, 3, and 4, and W ^E^, proclaimed to be the base period to be in the plant has been ordered cancelled Sec. 19, lots 1, 2, 3, and 4, W^NEft, and used, in determining the purchasing as of the first date of violation because SE!4, power of such peaches grown in the State of violations of its terms. Sec. 20, SW 14; of Georgia, for the purpose of the execu­ The order of cancellation shall not T. 4 S., R. 60 E., tion of a marketing agreement and the become effective and enforceable until Sec. 31, Wy2 and SE14, issuance of an order regulating the after the expiration of a fifteen-day Sec. 32, S&; handling of fresh peaches grown in the period following the date on which this T. 7 S., R. 60 E., Notice appears in the Federal R egister. Sec. 5, Sy2, State of Georgia. Sec. 6, lots 3, 4, 5, and 6, and SE14, Issued at Washington, D. C., this 23d During this time petitions for reconsid­ Sec. 8, E>/2 and Ny2NW14; day of April 1942. Witness my hand erations or review may be filed by any T. 6 S„ R. 62 E., and the seal of the Department of Agri­ directly interested and aggrieved party Sec. 6, lot 5 and SW 14. culture. pursuant to § 522.13 of the Regulations. Sec. 7, NW14, N14SW14, and SW14SW14, [seal] Claude R. Wickard, If a petition is properly filed, the effective Sec. 18, NE 14NE 14; Secretary of Agriculture. date of the order of cancellation shall be T. 7 S., R. 62 E., postponed until final action is taken on Sec. 3, Sy2NW14, Ny2SW!4, and Sy2SE14, [F. R. Doc. 42-3615; Filed, April 23, 1942; the petition. Sec. 10, N%NE14 and S14SE14, 11:24 a. m.j Sec. 11, Sy2SW14 and SE14, Signed at City of New York this 20th Sec. 12, SW14, day of April 1942. Sec. 13, Wy2, Alex G. Nordholm, Sec. 32, SW 14 and WyaSE14, DEPARTMENT OF LABOR. Duly Authorized Representative Sec. 33, Ey2SE14, of the Administrator. Sec. 35, Sy2SE14; T. 8 S., R. 62 E., Wage and Hour Division. [F. R. Doc. 42-3607; Filed, April 23, 1942; 10:03 a. m.j Sec. 5, lot 2, Sy2NE!4, E^NW^, and SE14, Atco Garment Co. Sec. 8, NE 14 and Ny2SE!4, Sec. 20, Sy2NE14 and SE14, NOTICE OF CANCELLATION OF SPECIAL CER­ Sec. 28, Sy2, TIFICATES FOR THE EMPLOYMENT OF Sec. 29, E14, LEARNERS IN THE APPAREL INDUSTRY FEDERAL TRADE COMMISSION. Sec. 33, Ey2, Sec. 34, SW 14; Notice is hereby given that the special [Docket Not 4581] T. 9 S., R. 62 E„ certificates for the employment of learn­ In the Matter of Gulf Oil Corporation, Sec. 3, Wy2, ers, namely (1) certificate dated Janu­ a Corporation Sec. 10, Ny2Ny2, ary 30, 1941, authorizing the employ­ Sec. 11, wy2, . ment of no more than five learners at ORDER APPOINTING TRIAL EXAMINER AND FIX­ Sec. 13, N14, ING TIME AND PLACE FOR TAKING TESTIMONY Sec. 14, Ny2, any one time, and (2) certificate dated Sec. 33, lots 1 to 6, inclusive, lots 10, 11, February 25, 1941 authorizing the em­ At a regular session of the Federal and 12, ployment of twenty-five additional Trade Commission, held at its office in Sec. 34, lots 1, 2, 3, 4, 8, and 9, the City of Washington, D. C., on the Sec. 35, lots 1 to 12, inclusive; *See also Title VII, Chapter IX, supra. 22d day of April, A. D. 1942. FEDERAL REGISTER, Friday, April 24, 1942 3051

This matter being at issue and ready [Docket No. 4701] office in the City of Philadelphia, Pa., on the 21st day of April A. D., 1942. for the taking of testimony, and pursu­ In the Matter of R obert W. I rwin ant to authority vested in the Federal Company, a Corporation The Commission, in its order dated Trade Commission, under an Act of Con­ February 17, 1942, granting applications gress (38 Stat. 717; 15 U.S.C.A., section ORDER APPOINTING TRIAL EXAMINER AND and permitting declarations to become 41), FIXING TIME AND PLACE FOR TAKING effective, In the Matter of Pennsylvania It is ordered, That Andrew B. Duvall, TESTIMONY Electric Company, et al. (File No. 70-465), a trial examiner of this Commission, be having ordered that jurisdiction be and he hereby is designated and ap­ At a regular session of the Federal reserved: Trade Commission, held at its office in pointed to take testimony and receive “To determine whether and the extent evidence in this proceeding and to per­ the City of Washington, D. C., on the 22d day of April, A. D. 1942. to which the indebtedness of The Clarion form all other duties authorized by law; River Power Company to Pennsylvania It is further ordered, That the taking This matter being at issue and ready for the taking of testimony, and pur­ Electric Company should be subordinated of testimony in this proceeding begin to the publicly-held Participating Capital on Thursday, April 30,1942, at ten o’clock suant to authority vested in the Federal Trade Commission, under an Act of Stock and the extent to which payments in the forenoon of that day (Eastern should be made by Pennsylvania Electric War Time) Hearing Room, Federal Trade Congress (38 Stat. 717; 15 U.S.C.A., sec­ tion 41), Company as acquirer of the assets of The Commission Building, Washington, D. C. It is ordered, That Clyde M. Hadley, Clarion River Power Company, to said Upon completion of testimony for the a trial examiner of this Commission, holders of Participating Capital Stock in Federal Trade Commission, the trial ex­ be and he hereby is designated and ap­ satisfaction of their interests;” and aminer is directed to proceed immediately pointed to take testimony and receive A declaration and two amendments to take testimony and evidence on behalf evidence in this proceeding and to per­ thereto having been filed by Ford R. of the respondent. The trial examiner form all other duties authorized by law; Jennings and George N. Fleming, as pro­ will then close the case and make his It is further ordered, That the taking posed organizers of a protective com­ report upon the evidence. of testimony in this proceeding begin on mittee, pursuant to Rule U-62, promul­ By the Commission. Monday, May 4,1942, at ten o’clock in the gated under the Public Utility Holding [seal] Otis B. J ohnson, forenoon of that day (Eastern Standard Company Act of 1935, with respect to the Secretary. Time) in North Court Room, Post Office solicitation of authorization to represent [F. R. Doc. 42-3617; Filed, April 23, 1942; Building, Grand Rapids, Michigan. the holders of 6% Non-Cumulative Par­ 11:31 a. m.] Upon completion of testimony for the ticipating Capital Stock of The Clarion Federal Trade Commission, the trial ex­ River Power Company, a subsidiary of aminer is directed to proceed immedi­ Pennsylvania Electric Company, which [Docket No. 4694] ately to take testimony and evidence on in turn is a subsidiary of the Trustees of In the Matter of Velodent Products behalf of the respondent. The trial ex­ Associated Gas and Electric Corpora­ Manufacturing Company aminer will then close thè case and make tion, a registered holding company, in his report upon the evidence. proceedings before this Commissionin ORDER APPOINTING TRIAL EXAMINER AND FIX ­ By the Commission. connection with said reservation of ING TIME AND PLACE FOR TAKING TESTI­ [seal] Otis B. Johnson, jurisdiction; and MONY Secretary. A public hearing having been duly At a regular session of the Federal held after appropriate notice; and the Trade Commission, held at its office in [F. R. Doc. 42-3619; Filed, April 23, 1942; Commission having considered the rec­ the City of Washington, D. C., on the 11:31 a. m.] ord and finding that such proposed 22d day of April, A. D. 1942. solicitation meets the requirements of This matter being at issue and ready Rule U-62 and is not in contravention for the taking of testimony, and pursuant of any rule or regulation or order of the to authority vested in the Federal Trade Commission and that no adverse finding Commission, under an Act of Congress SECURITIES AND EXCHANGE COM­ in regard to such solicitation need be (38 Stat. 717; 15 U.S.C.A., section 41), MISSION. made pursuant to section 12 (e) of the It is ordered, That Clyde M. Hadley, [File No. 70-465] Public Utility Holding Company Act of a trial examiner of this Commission, be 1935, and finding further that appro­ and he hereby is designated and ap­ In the Matter of Ford R. Jennings and priate provision had been made in re­ pointed to take testimony and receive George N. F leming, P roposed Organ­ gard to the fees and expenses, if any, evidence in this proceeding and to per­ izers of a P rotective Committee for to be incurred by the declarants; form all other duties authorized by law; The Clarion River P ower Company It is ordered, That said declaration, It is further ordered, That the taking 6% Non-Cumulative P articipating of testimony in this proceeding begin on Capital Stock; Such Protective Com­ as amended, be and it hereby is permit­ Wednesday, May 13, 1942, at ten o’clock mittee to Represent Said Stockhold­ ted to become effective forthwith, sub­ in the forenoon of that day (Eastern War ers in Proceedings Before T his ject, however, to the terms and condi­ Time), Hearing Room, Piccadilly Hotel, Commission Captioned: In the Matter tions prescribed in Rule U-62 and in Rule New York, New York. of Pennsylvania Electric Company, U-24 and subject further to the following Upon completion of testimony for the The Clarion River P ower Company, reservation of jurisdiction:. Federal Trade Commission, the trial ex­ Erie Lighting Company, Y oughiogheny That the Commission reserves juris­ aminer is directed to proceed immedi­ Hydro-E lectric Corporation, Asso­ diction over the question of fees and ately to take testimony and evidence on ciated Maryland Electric Power Cor­ behalf of the respondent. The trial ex­ poration, and Associated Electric expenses, if any, to be allowed said aminer will then close the case and make Company Committee. his report upon the evidence. By the Commission. By the Commission. ORDER PERMITTING DECLARATION IN REGARD TO SOLICITATION OF AUTHORIZATIONS TO [seal] F rancis P. B rassor, [seal] Otis B. J ohnson, Secretary. Secretary. BECOME EFFECTIVE [F. R. Doc. 42-3618; Filed, April 23, 1942; At a regular session of the Securities [F. R. Doc. 42-3600; Filed, AprU 23, 1942; 11:31 a. m .j and Exchange Commission held at its 9:28 a. m.] 3052 FEDERAL REGISTER, Friday, April 24, 1942

[Pile Nos. 7-4547, 7-648] change Act of 1934, and Rule X-12F-1 determine, and that general notice In the Matter op Applications b y the promulgated thereunder, having made thereof be given; and New York Curb Exchange to Extend application to the Commission to extend It is further ordered, That Willis E. Unlisted T rading Privileges to P acific unlisted trading privileges to the above- Monty, an officer of the Commission, be Gas and Electric Company 5% Cumu­ mentioned securities; and and he hereby is designated to admin­ lative First P referred Stock, $25 Par The Commission deeming it necessary ister oaths and affirmations, subpoena Value, and R ichfield Oil Corporation for the protection of investors that a witnesses, compel their attendance, take Warrants for Common S tock, no Par hearing be held in this matter at which evidence, and require the production of Value all interested persons be given an oppor­ any books, papers, correspondence, tunity to be heard; memoranda or other records deemed ORDER SETTING HEARING ON APPLICATIONS TO It is ordered, That the matter be set relevant or material to the inquiry, and EXTEND UNLISTED TRADING PRIVILEGES down for hearing at 10 a. m. on Tues­ to perform all other duties in connec­ At a regular session of the Securities day, May 19, 1942, in Room 318, Securi­ tion therewith authorized by law. and Exchange Commission held at its ties and Exchange Commission Building, By the Commission. office in the City of Philadelphia, Pa. on 18th and Locust Streets, Philadelphia, [ s e a l ] F r a n c is P . B r a s s o r , the 22nd day of April A. D., 1942. Pennsylvania, and continue thereafter Secretary. The New York Curb Exchange, pursu­ at such times and places as the Commis­ [F. R. Doc. 42-3601; Filed, April 23, 1942; ant to section 12 (f) of the Securities Ex­ sion or its officer herein designated shall 9:28 a. m.]