FEDERAL REGISTER '9 3 4 ^ VOLUME 6 NUMBER 20 * S a u t e d ’

Washington, Thursday, January BO, 1941

The President Rules, Regulations, Orders CONTENTS THE PRESIDENT EXECUTIVE ORDER TITLE 14—CIVIL AVIATION Executive Order: Pa8e Utah, public lands reserved for CHAPTER I—CIVIL AERONAUTICS Reserving P ublic L ands for the Use of use of War Department— 665 AUTHORITY the W ar D epartment {Amendment 93, Civil Air Regulations] RULES, REGULATIONS, UTAH ORDERS P art 60—Air T raffic R ules By virtue of the authority vested in me amending regulation governing dropping T itle 14—Civil Aviation: by section 1 of the act of July 9, 1918, c. objects or things from aircraft Civil Aeronautics Authority: 143, 40 Stat. 845, 848 (UJS.C., title 10, sec. At a session of the Civil Aeronautics Dropping objects from air­ 1341), it is ordered that, subject to valid Board held at its office in Washington, craft, amendment------665 existing rights, all the public lands D. C., on the 21st day of January 1941. Representation of private within the following-described areas be, Acting pursuant to the authority vestéd parties by persons for­ and they are hereby, withdrawn from all in it by the Civil Aeronautics Act of 1938, merly associated with forms of appropriation under the public- aif amended, particularly sections 205 (a), Board______665 land laws, including the mining laws, 601 and 604 of said Act, and finding that T itle 17—Commodity and Securi­ and reserved for the use of the War De­ its action is desirable in the public in­ ties E xchanges: partment for aerial bombing and gunnery terest and is necessary to carry out the Securities and Exchange Com­ range purposes: provisions of, and to exercise and per­ mission: form its powers and duties under, said Securities Act, 1933, filing of Salt T.akt! Meridian Act, the Civil Aeronautics Board amends registration statements; Ts. 1, 2, and 3 N„ R. 14% W., all, unsurveyed; the Civil Air Regulations as follows: amendments------666 Ts. 1, 2, an d 3 N., R. 15 W., all, p artly u n ­ Effective January 21, 1941, § 60.347 of surveyed; Trust Indenture Act, 1939, fil- T. 1 S., R. 15 W., secs. 1 to 18, Inclusive; thè Civil Air Regulations is amended by in g of applications; Ts. 1 to 4 S., R. 18 W., all, p artly unsurveyed; inserting a period after the word “inter­ amendments ______667 Ts. 1 to 4 S., R. 19 W., all; est” therein and striking therefrom the T itle 18—C onservation of containing approximately 262,200 acres. following: P ow er: This order shall take precedence over, : And provided further, That such ex­ Federal Power Commission: but shall not rescind or revoke, as to any emption shall not include bombing and Federal Power Act, rules of of the land affected thereby in the above- aerial gunnery within the limits of a practice, etc.; pre-hearing described areas, the withdrawals made civil airway. * procedure______668 by Executive Order No. 6910 of Novem­ By the Civil Aeronautics Board. Natural Gas Act, rules of ber 26,1934, as amended, Executive order Eseal] T homas G. E arly, practice, etc.: of April 17, 1926, creating Public Water Secretary. Industrial rate contracts— 669 Reserve No. 107, Executive Order No. [F. R. Doc. 41-672; Filed, January 29, 1941; Pre-hearing procedure------668 4846 of March 30,1928, withdrawing cer­ 10:04 a. m.] T itle 26—I nternal R evenue: tain lands pending legislation, and the Bureau of Internal Revenue: orders of the Secretary of the Interior Contracts for naval vessels, of December 30, 1931, and June 2, 1938, [ § 287.3, Economic Regulations] etc., excess profits------669 Air Navigation Site Withdrawal No. 73. P art 287—P rocedure, Evidence and T itle 30—M ineral R esources: F ranklin D R oosevelt Definitions Bituminous Coal Division: The White H ouse, REPRESENTATION . OF PRIVATE PARTIES BY Temporary and conditional January 28, 1941. PERSONS FORMERLY ASSOCIATED WITH final relief: THE BOARD District No. 9______670 ENo. 86521 At a session of the Civil Aeronautics District No. 10______672 District No. 12______673 [F. R. Doc. 41-669; Filed, January 29, 1941; Board held at its office in Washington, 9:31 a. m.] D. C., on the 27th day of January 1941. (Continued on next page) 665 666 FEDERAL REGISTER, Thursday, January SO, 1941

CONTENTS—Continued § 230.120 Inspection of registration ¿ T Ts! A statements. Except for material con­ Securities and Exchange Com­ tracts or portions thereof accorded con­ FEDERAL^REGISTER mission: fidential treatment pursuant to § 230.580 \ 1934 ¿fi Applications filed: Page ' ¿/Auren (Rule 580), all registration statements Glen Rock Electric Light and are available for public inspection, dur­ Power Co______682 ing business hours, at the principal office Published daily, except Sundays, Mondays, Louisiana Ice & Electric Co., of the Commission in Washington, D. C., and days following legal holidays by the Inc______682 Division of the Federal Register, The National and registration statements filed with a Archives, pursuant to the authority con­ Lone Star Gas Corp., effective* regional office of the Commission pur­ tained in the Federal Register Act, approved ness of declaration______681 suant to § 230.921 (Rule 921) are avail­ July 26, 1935 (49 Stat. 500), under regula­ War Department: able for public inspection, during busi­ tions prescribed by the Administrative Com­ Contract summaries: mittee, approved by the President. ness hours, at the regional office where The Administrative Committee consists of American Woolen Co______675 filed. (Rule 120) the Archivist or Acting Archivist, an officer Boespflug Construction Co__ 675 of the Department of Justice designated by § 230.562 Incorporation of exhibits as the Attorney General, and the Public Printer such, (a) Any exhibit or part thereof or Acting Public Printer. previously or concurrently filed with any The daily issue of the Federal R egister The Civil Aeronautics Board, acting office of the Commission pursuant to any will be furnished by mail to subscribers, free pursuant to the Civil Aeronautics Act of of postage, for $1.25 per month or $12.50 per Act administered by the Commission may year; single copies 10 cents each; payable in 1938, particularly sections 205 (a) and be incorporated by reference as an ex­ advance. Remit money order payable to the 1001 thereof, and deeming its action hibit to any registration statement filed Superintendent of Documents directly to the necessary to carry out the provisions of with any office of the Commission. G o v ern m en t P rin tin g Office, W ashington, D. C. said Act and to exercise its powers and perform its duties thereunder^ hereby (b) If any modification has occurred makes and promulgates the following in the text of any exhibit incorporated CONTENTS—Continued regulation: by reference since the filing thereof, the registrant shall file with the reference a T itle 38—P ensions, Bonuses, and (a) No person who has been asso­ statement containing the text of any Veterans’ R e lief: ciated with the Civil Aeronautics Board such modification and the date thereof. Veterans’ Administration: PaSe as a member, officer, or employee thereof (c) If the number of copies of any Death pension or compensa­ shall be permitted, within six months exhibit previously or concurrently filed tion, apportionment; re­ from the date of the termination of is less than the number required to be visions ______674 such association, to appear before the filed with the registration statement Board in behalf of, or to represent in which incorporates such exhibit, the reg­ NOTICES any manner, any private party in con­ istrant shall file with the registration nection with any proceeding which was statement as many additional copies of Department of Commerce: pending before th e . Board at the time the exhibit as may be necessary to meet Civil Aeronautics Authority: of his association with the Board. the requirements of such statement. Investigation of accident near (b) This regulation shall become ef­ (Rule 562) St. Louis, Mo., on Jan. fective on January 27, 1941. 25, 1941, hearing______678 § 230.563 Incorporation of financial Department of the Interior: By the Civil Aeronautics Board. statements. A ny financial statement Bituminous Coal Division: [seal] T homas G. E arly, or part thereof previously or concur­ Amherst Coal Co., memoran­ Secretary. rently filed with any office of the Com­ dum and temporary re­ mission pursuant to any Act admin­ [F. R. Doc. 41-673; Filed, January 29, 1941; istered by the Commission may be in­ lief ______677 10:04 a. m.] Ayrshire P a t o k a Collieries corporated by reference in any regis­ Corp., order of severance, tration statement filed with any office of etc------676 the Commission, if it substantially con­ forms to the requirements of’the form Beech Grove Coal Co., memo­ TITLE 17—COMMODITY AND SECURI­ randum opinion and tem­ on which the registration statement is porary relief______677 TIES EXCHANGES filed. (Rule 563) Petitions dismissed: CHAPTER H—SECURITIES AND § 230.800 Filing of prospectuses— Oakdale Mining Co., et al_ 676 EXCHANGE COMMISSION Number of copies, (a) Five copies of the K e n t u c k y-Horse Creek form or forms of prospectus proposed Mining Co______677 P art 230—G eneral R ules and R egula­ to be used upon the commencement of Department of Labor: tions, Securities Act of 1933 the public offering of a security shall be Wage and Hour Division: AMENDMENTS TO GENERAL RULES AND REGU­ filed as part of the registration state­ Learner employment certifi­ LATIONS RELATING TO THE FILING OF ment at the time the statement is filed. cates, issuance for various REGISTRATION STATEMENTS (b) Within five days after the com­ industries (2 documents) _ 678, mencement of the public offering, twenty 679 The Securities and Exchange Commis­ copies of each form of prospectus used Federal Security Agency: sion acting pursuant to authority con­ in connection with such offering shall be Food and Drug Administration: ferred upon it by the Securities Act of filed, in the exact form used, with the Hearings: 1933, particularly sections 6, 7, 8, 10, and office of the Commission with which the 19 (a) thereof, and deeming such action registration statement was filed. Chemical derivatives, habit necessary and appropriate in the pub­ forming______680 lic interest and for the protection of (c) No prospectus whifch purports to General regulations______680- investors and necessary to carry out the comply with section 10 (sec. 10, 48 Stat. Neufchatel cheese, etc., defi­ provisions of the Act, hereby takes the 81; sec. 205, 48 Stat. 906; 15 U.S.C. 77j) nitions and standards following action: and which varies from any form of pro­ of identity______679 spectus filed pursuant to paragraph (b) Navy Department: I. The following, rules of the General of this rule shall be used until twenty Contract summaries: Rules and Regulations under the Act copies thereof shall have been filed with Fairbanks, Morse & Co_____ 676 are amended to read as hereinafter set the office of the Commission with which Union Switch and Signal Co_ 676 forth: the registration statement was filed. FEDERAL REGISTER, Thursday, January 30, 1941 667

(d) Every prospectus consisting of a statement shall be signed by the persons P art 260—G eneral R ules and R egula­ radio broadcast shall be reduced to writ­ specified in section 6 (a) of the Act (sec. tions T rust I ndenture Act of 19391 ing. At least five days before the pro­ 6, 48 Stat. 78; 15 U.S.C. 77f). At least AMENDMENTS TO GENERAL RULES AND REGU­ spectus is broadcast or otherwise issued the Original of every amendaient filed LATIONS RELATING TO THE FILING OF to the public, five copies thereof shall with the principal office of the Commis­ APPLICATIONS FOR QUALIFICATION OF IN­ be filed with the office of the Commission sion, and the original and at least one DENTURES with which the registration statement copy of every amendment filed with a was filed. (Rule 800) regional office, shall be signed. (Rule The Securities and Exchange Com­ § 230.826 Statement as to omission of 941) mission acting pursuant to authority information contained in registration § 230.942 Filing of amendments— conferred upon it by the Trust Inden­ statement. In any case in which a Number of copies. Except as provided in ture Act of 1939, particularly sections prospectus for a security registered I 230.943 (Rule 943), five copies of every 305, 307, and 319 thereof, and finding otherwise than on form A-2 omits in­ amendment to the prospectus and three such action necessary and appropriate formation which is contained in the copies of every other amendment to the in the public interest and for the protec­ registration statement, the prospectus registration statement shall be filed. tion of investors and necessary to carry shall contain the following statement in Amendments shall be filed with the of­ out the provisions of the Act, hereby type as legible as that used generally in fice of the Commission with which the takes the following action: the body of the prospectus: registration statement was filed. (Rule I. The following rules of the General 942) “This prospectus omits certain infor­ Rules and Regulations under the Act § 230.944 Date of filing of amend­ are amended to read as hereinafter set mation contained in the registration forth: statement on file with the Securities and ments. The date on which amendments Exchange Commission. The informa­ are actually received in the office of the § 260.5a~3 Number of copies—filing— tion omitted may be obtained from the Commission with which the registration signatures—binding, (a) Three copies Commission’s principal office at Wash­ statement was filed shall be the date of of each statement of eligibility and ington, D. C., upon payment of the fee filing thereof, if all of the requirements qualification shall be filed with the reg­ prescribed by the rules and regulations of the Act and the rules with respect to istration statement or application for of the Commission.” (Rule 826) such filing have been complied with. qualification. (Rule 944) (b) At least the original of each state­ § 230.921 Place of filing—signatures. § 230.970 Supplementary statement of ment of eligibility and qualification filed (a) All registration statements shall be actual offering price. Within ten days with the principal office of the Commis­ filed with the Commission at its prin­ after the security is actually offered to sion and the original and at least one cipal office in Washington, D. C., except the public, the registrant shall file with copy of each such statement filed with that— the officer of the Commission with which a regional office of the Commission shall (1) If the principal executive offices the registration statement was filed a be signed in the manner prescribed by of the registrant, or of a principal under­ statement setting forth the actual price the particular form. writer of the securities being registered, at which the security was so offered. If (c) Each statement of eligibility and are located in the State of Ohio, Michi­ such price differs from the proposed price qualification and the exhibits thereto gan, Indiana, or Kentucky, the registra­ set forth in the registration statement, a shall be bound on the left-hand side in tion statement may be filed with the re­ brief explanation of such difference shall one or more parts, without stiff covers. gional office of the Commission in the be made. The binding shall be made in such man­ Standard Building, 1370 Ontario Street, II. The following new rule is adopted: ner as to leave the reading mat­ Cleveland, Ohio; or ter legible. (2) If the principal executive offices of § 230.923 Forwarding of statements (d) The statement or statements shall the registrant, or of a principal under­ and amendments by regional office. * Any be filed by the obligor upon the indenture writer of the securities being registered, registration statement which is to be securities as a separate part of the regis­ are located in the State of California, filed with the principal office of the tration statement or application for Nevada, Arizona, Oregon»- Washington, Commission or any amendment to a qualification, as the case may be. [Rule Idaho or Montana, the registration state­ statement so filed may be delivered, for T-5A-3] . ment may be filed with the regional of­ forwarding to that office, to the regional § 260.7a-3 Number of copies—filing— fice of the Commission in the Bank of office of the Commission for the region signatures—binding, (a) Three copies America Building, 625 Market Street, San in which the principal executive offices of the complete application shall be filed Francisco, California: of the registrant, or of a principal un­ with the Commission. derwriter of the securities being regis­ (b) All applications shall be filed with Provided, however, That the provisions tered, are located. However, no such the Commission at its principal office in of subparagraphs (1) and (2) shall not statement or amendment shall be deemed Washington, D. C., except that— apply to registrants which are subject to to have been filed with the Commission (1) If the principal executive offices of the provisions of the Public Utility Hold­ until it has actually been received in the ing Company Act of 1935 (49 Stat. 803- the applicant are located in the State principal office of the Commission. (Rule of Ohio, Michigan, Indiana or Kentucky, 834; 15 U.S.C. 79a-x) or the Investment 923) ^ Company Act of 1940 (54 Stat. 789). the application may be filed with the (b) Every registration statement shall (Sec. 6, 48 Stat. 78; 15 U.S.C. 77f : Sec. regional office of the Commission in the be signed by the persons specified in 7, 48 Stat. 78; 15 US.C. 77g: Sec. 8, 48 Standard Building, 1370 Ontario Street, section 6 (a) of the Act (Sec. 6, 48 Stat. Stat. 79; 15 U.S.C. 77h: Sec. 10, 48 Stat. Cleveland, Ohio; or, 78; 15 U.S.C. 77f). At least the original 81; sec. 205, 48 Stat. 906; 15 U.S.C. 77j; (2) If the principal executive offices of of every statement filed with the prin­ Sec. 19, 48 Stat. 85; sec. 209, 48 Stat. 908; the applicant are located m the State of cipal office of the Commission, and the 15 UJS.C. 77s) California, Nevada, Arizona, Oregon, original and at least one copy of every Effective February 1,1941. Washington, Idaho, or Montana, the ap­ statement filed with a regional office, By the Commission. plication may be filed with the regional shall be signed. (Rule 921) [ se a l] F r a n c is P . B rassor, office of the Commission in the Bank of Secretary. America Building, 625 Market Street, San § 230.941 Signatures to amendments. Francisco, California: Except as provided in § 230.720 (Rule [F. R, Doc. 41-680; Filed, January 29, 1941; 720), every amendment to a registration 1 1 : IS a. m .] 15 F.R. 295. 668 FEDERAL REGISTER, Thursday, January SO, 1941

Provided, however, That - the provi­ § 260.7a-37 Inspection of applica­ tion of hearings or their resumption after sions of subparagraphs (1) and (2) shall tions, statements and reports. All ap­ recess and under the supervision of the not apply to applicants which are subject plications, statements and reports are supervising commissioner) by the pre­ to the provisions of the Public Utility available for public inspection, during siding officer, chief examiner, examiner Holding Company Act of 1935 (49 Stat. •business hours, at the principal office of or other representative of the Commis­ 803-834; 15 U.S.C. 79a-x) or the Invest­ the Commission and all applications, sion designated to preside at such hear­ ment Company Act of 1940 (54 Stat. statements and reports filed with a re­ ings, an informal pre-hearing conference 789). gional office of the Commission are or conferences to consider the possibility (c) At least the original of each appli­ available for public inspection, during of the following: cation filed with the principal office of business hours, at the regional office the Commission, and the original and where filed. [Rule T-7A-37] (1) The simplification of the issues; at least one copy of each application filed (2) The exchange of exhibits proposed with a regional office of the Commission II. The following new rule is adopted: to be offered in evidence; shall be signed in the manner prescribed § 260.7a-9 Fonoarding of applications (3) The obtaining of admissions of by form T-3. and amendments by regional office. fact and of documents which will avoid (d) The application proper and the Any application which is to be filed with unnecessary delay in the hearings; exhibits thereto shall be bound on the the principal office of the Commission (4) The limitation of the number of left-hand side in one or more parts with­ or any amendment to an application so expert witnesses; and out stiff covers. The binding shall be filed may be delivered, for forwarding (5) Such other matters as may be made in such manner as to leave the to that office, to the regional office of the suggested as being an aid in expediting reading matter legible. [Rule T-7A-33 Commission for the region in which the the orderly conduct and disposition of § 260.7a/-5 Filing of amendments— principal executive offices of the appli­ the hearings. Number of copies. Except as provided in cant are located. However, no such ap­ (b) Upon conclusion of such confer­ § 260.7A—6 [Rule T-7A—6], three copies plication or amendment shall be deemed ence or conferences, counsel for the par­ of every amendment to an application to have been filed with the Commission ties and the Commission shall immedi­ shall be filed. Amendments shall be filed until it has actually been received in the ately reduce the results thereof to the with the office of the Commission with principal office of the Commission. form of a written stipulation which re­ which the application was filed. [Rule [Rule T-7A-9] cites the action proposed to be taken, and T-7A-5] (Sec. 305, 53 Stat. 1154; 15 U.S.C. 77eee: copies thereof shall forthwith be trans­ § 260.7a-29 Incorporation of exhibits Sec. 307, 53 Stat. 1156; 15 U.S.C. 77ggg: mitted to the supervising commissioner as such, (a) Any exhibit or part there­ Sec. 319, 53 Stat. 1173; 15 U.S.C. 77sss) and the other members of the Commis­ of previously or concurrently filed with Effective February 1, 1941. sion. Thereafter such stipulation or pro­ any office of the Commission pursuant By the Commission. posal may be received at the hearings as to any Act administered by the Com­ part of the record to govern the subse­ mission, may be incorporated by refer­ [ se a l ] F r a ncis P . B rassor, - Secretary. quent course of the hearings in respect ence as an exhibit to any application, to the matters included in the stipula­ statement or report filed with any office [P. R. Doc. 41-681; Piled, January 29, 1941; tion, subject however to any direction by of the Commission by the same or any 11:16 a. m.] the Commission at any time. other person. Any exhibit or part there­ of so filed with a trustee pursuant to the The amendments to the “Rules of Trust Indenture Act of 1939 may be in­ Practice and Regulations With Approved corporated by reference as an exhibit to TITLE 18—CONSERVATION OF POWER Forms, Effective June 1, 1938” (under any report filed with such trustee pursu­ CHAPTER I—FEDERAL POWER the Federal Power Act) adopted, pro­ ant to section 314 (a) of that Act (Sec. COMMISSION mulgated and prescribed by this order 314, 53 Stat. 1157; 15 U.S.C. 77nnn) by shall becoihe effective on February 15, the same or any other person. [Order No. 83] 1941; and the Secretary of the Commis­ (b) If any modification has occurred S ubchapter A—R ules of P ractice and sion shall cause publication of this order in the text of any exhibit incorporated R egulations, F ederal P ower Act to be made in the F ederal R eg ister. By the Commission. by reference since the filing thereof, PART I— ADMINISTRATION there shall be filed with the reference a [ se a l] L e o n M . F uquay, statement containing the text of any Amendments Secretary. such modification and the date thereof. J anuary 21,1941. [F. R. Doc. 41-668; Filed, January 29, 1941; (c) If the number of copies of any The Commission, acting pursuant to 9:30 a. m.] exhibit previously or concurrently filed authority vested in it by the Federal is less than the number required to be Power Act, particularly sections 308 and filed with the application, statement or 309 thereof, and desiring to promote the [Order No. 82] report which incorporates such exhibit, expeditious and orderly conduct of all there shall be filed with the application, hearings under the Act, and finding such S u bch a pter B — P r o visio n a l R ules of statement or report as many additional action appropriate and necessary for car­ P ractice and R eg u l a t io n s, N atural copies of the exhibit as may be neces­ rying out the provisions of the said Act, G as A ct sary to meet the requirements of such hereby adopts, promulgates and pre­ PART 50— ADMINISTRATION application, statement or report. [Rule scribes the following amendments to the T-7A-29] “Rules of Practice and Regulations With . Amendments § 260.7a-36 Signatures to amend­ Approved Forms, Effective June 1, 1938“ J anuary 21, 1941. ments. Except as provided by § 260.7a-2, (under the Federal Power Act), as here­ The Commission, acting pursuant to every amendment to an application, tofore prescribed by Order No. 50, adopted authority vested in it by the Natural statement or report shall be signed in April 19, 1938, as amended: Gas Act, particularly sections 15 and 16 the manner prescribed by the particular Under Part I insert a new subhead and thereof, and desiring to promote the ex­ form on which the application, state­ new section, which shall read as follows: peditious and orderly conduct of all ment or report was filed. At least the Pre-Hearing Procedure hearings under the Act, and finding such original of every amendment filed with action appropriate and necessary for the principal office of the Commission, § 1.147 Conferences. , (a) In order to carrying out the provisions of the said and the original and at least ofie'Cbpy of expedite the orderly conduct and disposi­ Act, hereby adopts, promulgates and every amendment filed with a regional tion of any hearing, there may be held prescribes the following amendments to office shall be signed. [Rule T-7A-21 (within a reasonable time before initia- I the “Provisional Rules of Practice and FEDERAL REGISTER, Thursday, January SO, 1941 669

Regulations under the Natural Gas Act, The Commission, pursuant to author­ into the Treasury profit in excess of 10 per Effective July 11, 1938,” as heretofore cen tu m , 12 per centum, or 8 per centum, as ity vested in it by the Natural Gas Act, the case may be, of the contract prices of any prescribed by Order No. 52, adopted particularly section 8 (b) and 16 thereof, such contracts or subcontracts shall be with­ July 5, 1938 as amended: and finding such action necessary and out effect. This section shall also apply to Under Part 50 insert after “§ 50.59” a appropriate for carrying out the provi­ such contracts or subcontracts which were entered into before the date of the beginning new subhead and new section, which sions of said Act, hereby adopts, promul­ of the contractor’s or subcontractor’s first shall read as follows : gates, and prescribes the following taxable year which begins in 1940 and which Pre-Hearing Procedure amendment to the “Provisional Rules of are not completed before such date. Practice and Regulations under the Nat­ § 50.59a Conferences, (a) In order P ar. 2. The excess profits tax provided ural Gas Act, Effective July 11, 1938” as in subchapter E of chapter 2 of the In­ to expedite the orderly conduct and dis­ heretofore prescribed and amended: position of any hearing, there may be ternal Revenue Code, as added by sec­ Part 54 be and it is hereby amended by tion 201 of the Second Revenue Act of held (within a reasonable time before adding a new section to read as follows: initiation of hearings or their resump­ 1940, is applicable only with respect to tion after recess and under the super­ § 54.30 Natural gas companies to fur­ taxable years beginning after Decem­ vision of the supervising commissioner) nish the Commission with copies of in­ ber 31, 1939. Pursuant to the above- by the presiding officer, chief examiner, dustrial rate contracts. Every natural quoted section 401, the provisions of ex am in er or other representative of the gas company shall currently furnish to Treasury Decision 4906 (Part 17, Title Commission designated to preside at the Commissioir two full and complete 26, Code of Federal Regulations, 1939 such hearings, an informal pre-hearing copies of every contract and the amend­ Sup.), relating to excess profits on con­ conference or conferences to consider the ments thereto, presently or hereafter ef­ tracts for naval vessels and aircraft, fective, for the direct sale of natural gas Treasury Decision 4909 (Part 16, Title possibility of the following: to industrial consumers for consumption 26, Code of Federal Regulations, 1939 (1) The simplification of the issues; where such contract involves the sale of Sup.), relating to excess profits on con­ (2) The exchange of exhibits proposed 5,000 M. c. f. per year ,or more, together tracts for Army aircraft, and Treasury to be offered in evidence; with all rate schedules, agreements, Decision 5000 (Part 26, Title 26, Code of (3) The obtaining of admissions of leases or other writings, tariffs, classi­ Federal Regulations, 1940 Sup.), relating fact and of documents which will avoid fications, services, rules and regulations to excess profits on contracts for naval unnecessary delay in the hearings; relative to such sale. vessels and Army and Navy aircraft, (4) The limitation of the number of The amendment to the “Provisional shall not apply with respect to the fol­ expert witnesses; and lowing contracts and subcontracts other­ (5) Such other matters as may be sug­ Rules of Practice and Regulations under the Natural Gas Act” adopted, promul­ wise coming within the scope of any of gested as being an aid in expediting the such Treasury decisions: orderly conduct and disposition of the gated, and prescribed by this order shall hearings. become effective 60 days from the date (1) Those which are entered into in of this order; and the Secretary of the any taxable year of the contractor or (b) Upon conclusions of such confer­ Commission shall cause publication of subcontractor (as the case may be) to ence or conferences, counsel for the par­ this order to be made in the F ederal which the excess profits tax is applica­ ties and the Commission shall immedi­ R egister. ble, or to which such tax would be ap­ ately reduce the results thereof to the By the Commission. plicable if the contractor or subcon­ form of a written stipulation which re­ [seal] Leon M. F uquay, tractor (as the case may be) were a cites the action proposed to be taken, Secretary. corporation; and and copies thereof shall forthwith be [F. R. Doc. 41-666; Filed, January 29, 1941; (2) Those which are entered into be­ transmitted to the supervising commis­ 9:28 a. m.] fore, but not completed before, the be­ sioner and the other members of the ginning of the contractor’s or subcon­ Commission. Thereafter such stipula­ tractor’s (as the case may be) first tion or proposal may be received at the taxable year which begins in 1940. hearings as part of the record to govern TITLE 26—INTERNAL REVENUE the subsequent course of the hearings in CHAPTER I—BUREAU OF INTERNAL Paragraph 2 may be illustrated by the respect to the matters included in the REVENUE following examples: stipulation, subject however to any di­ [T. D. 5034] Example (1): On May 1, 1939, the X rection by the Commission at any time. Corporation, which makes its income tax P art 31—E xcess P rofits on Contracts The amendments to the “Provisional for Naval Vessels and Army and Navy returns on the calendar year basis, en­ Rules of Practice and Regulations under Aircraft tered into a contract which was (as of the Natural Gas Act” adopted, promul­ the. date entered into) within the scope gated and prescribed by this order shall TREASURY DECISIONS SUSPENDED WITH RE­ of Treasury Decision 4909, such contract become effective on February 15, 1941; SPECT TO CERTAIN CONTRACTS AND SUB­ being completed on November 1, 1940. and the Secretary of the Commission CONTRACTS Pursuant to such prime contract, the X shall cause publication of this order to P aragraph 1. Section 401 of the Second Corporation, on June 1,1939, entered into be made in the F ederal R egister. Revenue Act of 1940 (Public, No. 801,76th a subcontract with the Y Corporation, By the Commission. Cong., 3d sess.), approved October 8, which makes its income tax returns on [seal] Leon M. F uqtjay, 1940, provides: the basis of a fiscal year ending June 30. The subcontract, which was also (as of Secretary. Sec. 401. Suspension of Profit-Limiting Provisions of the Vinso n Act the date entered into) within the scope [F. R. Doc. 41-667; Filed, Ja n u a ry 29, 1941; dt Treasury Decision 4909, was com­ 9:30 a. m.] The provisions of section 3 of the Act of March 27, 1934 (48 Stat. 505; 34 U.S.C., sec. pleted on June 15,1940. Since the prime 496), as amended, beginning with the first contract was not completed before the proviso thereof, and section 2 (b) of the beginning of the contractor’s first taxable [Order No. 81] Act of June 28, 1940 (Public, Numbered 671), Seventy-sixth*Congress, third session), shall year which begins in 1940 (January 1, PART 54— FILING OF RATE SCHEDULES not apply to contracts or subcontracts for 1040), Treasury Decision 4909 does not Amendments the construction or manufacture of any com­ apply with respect thereto. Since the plete naval vessel or any Army or Navy air­ subcontract was not entered into in a J anuary 21, 1941. craft, or any portion thereof, which are en­ tered into in any taxable year in which the taxable year to which the excess profits Commissioners: Leland Olds, Chair­ excess profits tax provided in subchapter E tax applies and since it was completed man, Claude L. Draper, John W. Scott of Chapter 2 of the Internal Revenue Code is before the beginning of the subcontrac­ and Clyde L. Seavey concurring. Basil applicable or would be applicable if the con­ tractor or subcontractor, as the case may be, tor’s first taxable year which begins in Manly dissenting. were a corporation, and any agreement to pay 1940 (July 1, 1940), Treasury Decision 670 FEDERAL REGISTER, Thursday, January 30, 1941

4909 continues to apply with respect* of the Second Revenue Act of 1940 (Pub­ 1937, having been duly filed with this thereto. lic, No. 801, 76th Cong., 3d sess.), sec­ Division by the above-named party re­ Example (2); On October 1, 1939, the tions 2 (b), 3, and 4 of the Act of June questing the establishment of price classi­ X Corporation, which makes its income 28, 1940 (Public, No. 671, 76th Cong., 3d fications and minimum prices for the tax returns on the basis of a fiscal year sess.), section 14 of the Act of April 3, coals of certain mines in District No. 9 ending August 31, entered into a contract 1939, 53 Stat. 560 (10 U.S.C., Sup., 311; not heretofore classified and priced; and which was (as of the date entered into) 34 U.S.C., Sup., 496), and section 3 of the I t appearing that the above-entitled within the scope of Treasury Decision Act of March 27, 1934, 48 Stat. 505 (34 matters raise analogous issues; and 4909, such contract being completed on U.S.C. 496), as amended by the Act of The Director finding that a reasonable July 29, 1940. Pursuant to such prime June 25, 1936, 49 Stat. 1926 (34 U.S.C., showing of necessity has been made for contract, the X Corporation, on Decem­ Sup., 496) and as further amended and the granting of temporary relief in the ber 23, 1939, entered into a subcontract made applicable to contracts and sub­ manner hereinafter set forth; and with the Y Corporation, which makes its contracts for Army aircraft by section 14 income tax returns on the calendar year of such Act of April 3, 1939.) No petitions of intervention having basis. The subcontract, which was also been filed with this Division in the (as of the date entered into) within the G u y T . H elv erin g , above-entitled matters; and scope of Treasury Decision 4909, was Commissioner of Internal Revenue. The Director deeming this action completed on February 15, 1940. Since Approved: December 3, 1940. necessary in order to effectuate the pur­ the prime contract was not entered into J o h n L . S u ll iv a n , poses of the Act; in a taxable year to which the excess Acting Secretary of the Treasury. It is ordered, That the above-entitled profits tax applies and since it was com­ Approved: January 10, 1941. matters be, and they hereby are, con­ pleted before the beginning of the con­ solidated. H e n r y L . S t im s o n , tractor’s first taxable year which begins Secretary of War. s . It is further ordered, That pending in 1940 (September 1, 1940), Treasury final disposition of the above-entitled Decision 4909 continues to apply with Approved: January 24, 1941.' matters, temporary relief be, and it respect thereto. Since the subcontract F ra nk K n o x , hereby is, granted as follows: Com­ was not completed before the beginning Secretary of the Navy. mencing forthwith, § 329.24 is amended of the subcontractor’s first taxable year [F. R. Doc. 41-689; Piled, January 29, 1941; by adding thereto the schedule marked which begins in 1940 (January 1, 1940), 11:50 a. m.] “Supplement” dated January 16, 1941, Treasury Decision 4909 does not apply which is hereinafter set forth. with respect thereto. It is further ordered, That pleadings P ar. 3. The date of completion of a in opposition to the original petitions in particular contract or subcontract shall, TITLE 30—MINERAL RESOURCES the above-entitled matters, and applica­ for the purposes of this Treasury deci­ CHAPTER III—BITUMINOUS COAL tions to stay, terminate, or modify the sion, be determined in accordance with DIVISION temporary relief herein granted may be the provisions of Treasury Decision 4906, filed with this Division within forty-five 4909, or 5000, whichever is applicable, or [Dockets Nos. A-547, A-549] (45) days from the date of this Order, would have been applicable except for P art 329—M in im u m P r ic e S c h e d u l e , D i s ­ pursuant to the Rules and Regulations the provisions of section 401 of the Sec­ t r ic t No. 9 Governing Practice and Procedure be­ ond Revenue Act of 1940 and this Treas­ fore the Bituminous Coal Division in ury decision issued thereunder, to such ORDER OF CONSOLIDATION AND ORDER GRANT­ Proceedings Instituted Pursuant to sec­ contract or subcontract. ING TEMPORARY RELIEF AND CONDITION­ tion 4 n (d) of the Bituminous Coal Act ALLY PROVIDING FOR FINAL RELIEF IN THE P ar. 4. An agreement contained in any MATTER OF THE PETITIONS OF DISTRICT of 1937. of the contracts or subcontracts referred It is further ordered, That the relief to in paragraph 2 of this Treasury deci­ BOARD 9 FOR THE ESTABLISHMENT OF PRICE CLASSIFICATIONS AND MINIMUM PRICES FOR herein granted shall become final sixty sion, to pay into the Treasury profit in (60) days from the date of this Order, excess of 10,12, or 8 percent (as the case THE COALS OF CERTAIN MINES IN DISTRICT may be) of the contract price thereof, NO. 9 NOT HERETOFORE CLASSIFIED AND unless the Director shall otherwise order. shall be without effect. PRICED Dated: January 16, 1941. (This Treasury decision is issued under Original petitions, pursuant to section [ se a l] H. A. G ray, the authority contained in section 401 4 II (d) of the Bituminous Coal Act of • Director. r?1

S u p p l e m e n t —T em po r a ry and C onditionally P in a l E ff e c t iv e M in im u m P r ic e s fo r D is t r ic t N o . 9 FOR TRUCK SHIPMENTS

N ote: The material contained In this “Supplement” Is to be read In the light of the classifications, prices, instructions, exceptions and other provisions contained in Part 329, Minimum Price Schedule, District No. 9 and Supplement thereto. t ^ § 329.24 General prices in cents per net ton for shipment into any market area

Prices and size group Nos. Mine Code member index index Mine Seam No. 10, w, 18,19, 1.2 3 4 5 6 7 8 9 12 13,14 15 17 20 21, ?2 23,24 25 26,27 28,29

EDMONSON COUNTY 837 E. &. A ...... 200 200 200 200 200 175 160 150 140 110 50 120 115 852 200 200 200 200 200 160 150 140 110 50 120 115 REGISTER, FEDERAL 850 200 200 200 200 200 175 160 150 140 110 50 120 115 851 200 200 200 200 200 175 160 150 140 110 50 120 115 860 200 200 200 200 200 175 160 150 140 110 50 120 115 858 200 200 200 200 200 175 160 150 140 110 50 120 115 861 200 200 200 200 200 175 160 150 140 110 50 120 115 835 200 200 200 200 200 175 160 150 140 110 50 120 115 843 Gofl i 200 200 200 200 200 175 160 150 140 110 50 120 115 849 200 200 200 200 200 175 160 150 140 110 50 120 115 838 200 200 200 200 200 175 160 150 140 110 50 120 115 848 Cal 200 200 200 200 200 175 160 150 140 110 50 120 115 847 200 200 200 200 200 175 160 150' 140 110 50 120 115 856 200 200 200 200 200 175 160 150 140 110 50 120 115 844 200 200 200 200 200 175 160 150 140 110 50 120 115 855 200 200 200 200 200 175 160 150 140 110 50 120 115 846 200 200 200 200 200 175 160 150 140 " 110 50 120 115 854 200 200 200 200 200 175 160 150 140 110 50 120 115 853 200 200 200 200 200 175 160 150 140 110 50 120 115 HOPKINS COUNTY

860 #6...... 230 220 210 200 195 185 185 180 175 160 • 100 170 165 1941 30, January Thursday, 839, #11 205 195 185 175 170 160 160 150 140 110 50 120 115 840 205 195 185 175 170 160 160 150 140 110 50 120 115 836 C & D #n_;...... 205 195 185 175 170 160 160 150 140 110 50 120 115 841 #6 ...... 230 220 210 200 195 185 185 180 175 160 100 170 165 834 #9...... 205 195 185 175 170 160 160 150 140 110 50 120 115 845 205 195 185 175 170 160 160 150 140 110 50 120 115 MUHLENBERG COUNTY 857 #11...... 205 195 185 175 170 160 160 150 140 110 50 120 115 862 205 195 185 175 170 160 160 150 140 110 50 120 115 OHIO COUNTY » 863 #9...... 205 195 185 175 170 160 160 150 140 110 50 120 115 842 #0 _ 205 ,195 185 175 170 160 160 150 140 110 50 120 115 [F. R. Doc. 41-658; Filed, January 28, 1941; 11:22 a. m.J

r

-aa [Dockets Nos. A-491, A-537] final disposition of the petitions in the T em po r a ry S u p p l e m e n t t o S c h ed u le o f E f f e c t iv e M in im u m P r ic e s fo r D is t r ic t *No . 10 O» above-entitled matter, temporary relief t\2 P art 330—M in im u m P r ic e S c h e d u l e , Note: The material in this Supplement is to be read in the light of the classifications, prices, is granted as follows: § 330.4 is amended D is t r ic t N o . 10 instructions, exceptions and other provisions contained in Part 330, Minimum Price Schedule, by adding thereto the Supplement dated District No. 10 and Supplements thereto. ORDER GRANTING TEMPORARY RELIEF AND January 15, 1941, which is hereinafter CONDITIONALLY PROVIDING FOR FINAL RE­ set forth, and § 330.25 is amended by FOR ALL SHIPMENTS EXCEPT TRUCK adding thereto the Supplement dated LIEF IN THE MATTER OF THE PETITIONS OF January 15, 1941, which is hereinafter § 330.4 Price groups DISTRICT BOARD 10 FOR THE ESTABLISH­ set forth. MENT OF PRICE CLASSIFICATIONS AND MIN­ IMUM PRICES FOR THE COALS OF CERTAIN It is further ordered, That applications MINES IN DISTRICT NO. 10 NOT HERETOFORE to stay, terminate or modify this tem­ CLASSIFIED AND PRICED porary order, or pleadings in opposition to the final relief requested in said pe­ Producer Mine Shipping point Railroad Petitions pursuant to section 4 II (d) titions, may be filed within forty-five of the Bituminous Coal Act of 1937, hav­ (45) days hereof, pursuant to the rules REGISTER, FEDERAL ing been duly filed with this Division by and regulations governing practice and Freight origin group No. Pricegroup No.

the above-named party, requesting the procedure before the Bituminous Coal 1 Mineindex No. establishment of price classifications and Division and proceedings instituted pur­ 5 Moreheat Coal Company Moreheat Coal Co___ 195 136 Norris City, Illinois... B. & O.—C. C. O. & suant to section 4 II (d) of the Bitumi­ (W. T. Edgar).» St. L. minimum prices for the coals of certain 25 Schuyler Coal Corpora­ Schuyler Coal Corp.. 1353 42 Rushville, Rlinois___ C. B. & Q. mines in District No. 10 not heretofore nous Coal Act of 1937, and that this or­ tion.2 classified and priced; and der and the relief herein granted shall become final sixty (60) days from the 1 The f. o. b. mine price for coals shipped by Moreheat Coal Company (W. T. Edgar), Moreheat Coal Co.mine, to The Director having fully considered any given market area in any given size group and for any use, including Railroad Locomotive Fuel, are the same as said petitions and the data in support date hereof unless the Director shall prices shown for the Wallace Coal Co., Mine Index No. 182, in Price Schedule No. 1 for District No. 10 for All Ship­ ments Except Truck. thereof, otherwise order. 2 Mine Index No. 1353 shall be included in Price Group 25 and shall take the same f. o. b. mine prices as other Now, therefore, it is ordered, That a Dated: January 15, 1941. mines in Price Group 25, Schedule No. 1, District 10, on all size groups and for shipment to all market areas and for all uses exclusive of Railroad Locomotive Fuel: Provided, however, That these f. o. b. mine prices apply on board reasonable showing of the necessity [ s e a l ] H. A. G r a y , transportation facilities at Rushville, Illinois. For shipments to the Cities of Peoria and Pekin, Illinois, in Market Area 38, there shall be no adjustments to these f. o. b. mine prices. The Railroad Locomotive Fuel price shall be: therefor having been made, pending Director. mine run—$2.00; screenings—$1.40 f. o. b. cars, Rushville, Illinois. 1941 30, January Thursday,

FOR TRUCK SHIPMENTS 330.25 General prices in cents per net ton for shipment into any market area

Mine Code member index index Mine Seam No.

Section N o. 2

LASALLE COUNTY Brooker, T. K ...... 1407

MARSHALL COUNTY R. & R. Coal Co. (Guy Robertson)...... 1410 7 Section N o. 3

, * MERCER COUNTY Murphy, William...... 1413 1 Section N o. 4 pulton county H. G. and L. Coal Co. (Harry Grove) . 1408 5 Section N o. 5

/ BROWN COUNTY Bur-Beak Coal Co...... 1409 McDowell, Lillie M ___ 1405 MCDONOUGH COUNTY Nelson Bros. (Rov Nelson)_ 1403 Nelson______2 § 330.25 General prices in cents per net ton for shipment into any market area—Continued

Mine Prices and sise group Nos. Code member index index Mine Seam No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29

SCHUYLER COUNTY Schuyler Coal Corporation % W. H. Moseley...... 1353 Schuyler...... 5 255 250 245 235 230 225 170 165 160 155 155 155 125 115 60 Section No. 7

VERMILION COUNTY Shady Valley No. 4...... 1411 7 240 235 230 220 215 210 170 165 160 155 155 155 125 115 60 Section N o. f

RANDOLPH COUNTY FEDERAL REGISTER, REGISTER, FEDERAL Higgerson and Sons, R. (Oscar Higgerson)______...... 1402 R. Higgerson & Sons______6 210 205 200 190 185 180 165 145 150 145 145 145 115 105 50 Section N o. 10

GALLATIN COUNTY Elliott Coal Company (Hiram Elliott)______1404 Elliott Coal Co______5 215 215 215 200 195 190 180 180 175 165 165 165 140 no McDonald, W. ff...... 1406 Hubert McDonald...... 5 215 215 215 200 195 190 180 180 175 165 165 165 140 130 75 WHITE COUNTY 1 !

Moreheat Coal Company (W. T. Edgar)...... 195 Moreheat Coal Co--______6 225 225 225 210 205 200 190 190 175 165 165 165 140 130 75 60 150 140 WILLIAMSON COUNTY New Prosperity Coal Company______1412 New Prosperity...... 5 215 215 215 200 195 190 180 1R0 Wilkins, Arleigb (Spillertown Coal Co.)____ :______1414 New Spillertown____ .....'. 5 215 215 215 200 195 190 180 180 175 165 165 165 140 130 75

[P. R. Doc. 41-433; Piled, January 17,1941; 12:23 p. m.] 1941 30, January Thursday,

[Docket No. A-497] Act of 1937, having been duly filed with No petitions of intervention having rary relief herein granted may be filed P art 332—M inim um P rice S chedule, this Division by the above-named party, been filed with the Division in the above- with the Division within forty-five (45) D istrict No. 12 requesting the establishment, both entitled matter; and days from the date of this Order, pursu­ ORDER GRANTING TEMPORARY RELIEF AND temporary and permanent, of price The Director deeming his action ant to Rules and Regulations Governing CONDITIONALLY PROVIDING FOR FINAL necessary in order to effectuate the pur­ Practice and Procedure before the Bitu­ RELIEF IN THE MATTER OF THE PETITION classifications and minimum prices for poses of the Act; OF DISTRICT BOARD 12 FOR . THE ES­ thecoals of certain mines in District It is ordered, That pending final dis­ minous Coal Division in Proceedings In­ TABLISHMENT OF PRICE CLASSIFICA­ No. 12 not heretofore classified and position of the above-entitled matter, stituted Pursuant to section 4 n (d) of TIONS AND MINIMUM PRICES FOR THE priced, and further requesting the cor­ temporary relief be, and the same hereby the Bituminous Coal Act of 1937. COALS OF CERTAIN MINES IN RESTRICT NO. rection of the effective minimum prices is, granted as follows: Commencing It is further ordered, That the relief 12 NOT HERETOFORE CLASSIFIED AND established for the coals of the Robbins forthwith, § 332.24 is amended.by adding herein granted shall become final sixty PRICED, AND FOR CORRECTION OF THE Coal Company, Mine Index No. 594; thereto the schedule markea “Supple­ EFFECTIVE MINIMUM PRICES ESTABLISHED (60) days from the date of this Order, and ment” dated January 16, 1941. unless the Director shall otherwise order. FOR THE COALS OF THE ROBBINS COAL The Director finding that a reasonable It is further ordered, That pleadings in COMPANY, MINE INDEX NO. 594 showing of necessity has been made for opposition to the original petition in the Dated, January 16, 1941. An original petition, pursuant to sec­ the granting of temporary relief in the above-entitled matter, and applications [s e a l ] H . A. G ra y , tion 4 II (d) of the Bituminous Coal manner hereinafter set forth; and to stay, terminate, or modify the tempo­ Director. No. 20----- 2

Oi 09 674 FEDERAL REGISTER, Thursday, January 30, 1941

Supplement—T emporary and Conditionally P inal E ffective M inimum P rices for is filed. In all instances, the amount District No. 12 payable to or for the children will be divided equally among the children, re­ TRUCK SHIPMENTS gardless of their ages. The share for any No te: The material contained in this Supplement is to be read in the light of the classifi­ children in the widow’s custody will be cations, prices, Instructions, exceptions and other provisions contained in Part 332, Minimum added to the widow’s share. If, in the Price Schedule for District No. 12 and Supplements thereto. application of this rule, the widow’s share § 332.24 General prices in cents per net ton for shipment into any market area would be reduced to an amount lower than 50 percent of that to which she H would be entitled if there were no chil­ & Ì1 ÿ K £ H dren, then her share will be 50 percent to u ^ \N è* H of the amount to which she would be ww 1JÌ"0 * c* bOM bßvH, entitled if there were no children, and S m a 28 A) H H o Code member index County 00 September 1940. is apportioned between the widow and a [P. R. Doc. 41-670; Piled, January 28, 1941; child or children and payments have Statement of work. The contractor 4:40 p. m.] been or are being made to such depend­ shall furnish the materials, and perform ents subsequent to the date of cessation the work for constructing and complet­ of the condition on which it is predicated, ing * * * Temporary Barracks and [Contract No. W 669 qm-8797; O. I. No. 1284] other Temporary Buildings at Chanute the effective date of discontinuance of S u m m a r y o p C ontract fo r S u p p l ie s the apportioned benefit to the child or Field, Rantoul, Illinois for the considera­ children shall be the date of last pay­ tion of one million five hundred ten co ntractor: Am er ic a n w o o l e n c o m pa n y ment, and the award to the widow will thousand and no/100 dollars ($1,510,- Contract for: Textiles. be adjusted accordingly: Provided, That 000.00) in strict accordance with the Amount: $5,323,000.00. in the event of death the effective date specifications, schedules, and drawings, Place: Philadelphia Quartermaster shall be the date of death: Provided fur­ all of which are made a part hereof. Depot, Philadelphia, Pa. ther, That upon attainment by a child of Changes. The contracting officer This Contract, entered into this 10th an age (16,18 or 21) after which compen­ may at any time, by a written order, and day of September 1940. sation or pension is no longer payable, without notice to the sureties, make Scope of this contract. The contractor the effective date shall be the day pre­ changes in the drawings and/or speci­ shall furnish and deliver * * * ceding the date of attainment of such fications of this contract and within the yards of Cloth, Olive Drab for the con­ age: Provided further, That upon mar­ general scope thereof. sideration stated totaling Five million riage of a child the effective date shall Delays—Damages. If the contractor three hundred twenty-three thousand refuses or fails to prosecute the work, or dollars ($5,323,000.00) in strict accord­ be the date preceding the date of mar­ any separable part thereof with such riage: Provided further, That when a ance with the specifications, schedules diligence as will insure its completion and drawings, all of which are made a child discontinues a course of instruction within the time specified in article 1, or part hereof. the effective date will be the last day of at­ any extension thereof, or fails to com­ Payments. The contractor shall be tendance. (§ 35.06) (January 28, 1941) plete said work within such time, the paid, upon the submission of properly [Sec. 3, Pub. No. 866, 76th Cong.] Government may, by written notice to certified invoices or vouchers, the prices 676 FEDERAL REGISTER, Thursday, January 30, 1941 stipulated herein for articles delivered Plant Facilities Contract, approved by [Docket No. A-300] and accepted or services rendered, less the Advisory Commission to the Council P etition of M cClane Mining Company deductions, if any, as herein provided. of National Defense and published in the a Code Member in D istrict No. 2, for’ Unless otherwise specified, payments will F ederal R eg iste r on October 19,1940, as M odification of M inim um P rices Es­ be made on partial deliveries accepted by adapted by the Navy Department. tablished for the Coals of I ts R ice the Government when the amount due J . H . T o w e r s , H ill Mine (M ine I ndex N o. 334) for on such deliveries so warrants; or, when Rear Admiral, U. S. N., S hipment for R ailroad F uel U se, requested by the contractor, payments Chief of the Bureau of Aeronautics. P ursuant to Section 4 II (d) of the for accepted partial deliveries shall be Bituminous Coal Act of 1937 made whenever such payments would [F. R. Doc. 41-664; Filed, January 29, 1941; equal or exceed either $1,000 or 50 per­ 9:28 a. m.j [Docket No. A-404] cent of the total amount of the contract. P etition of-H armon Creek Coal Cor­ Delays—Liquidated damages. If the poration, a Code M ember in District contractor refuses or fails to make de­ Bureau of Ships. No. 2, for M odification of Minimum rices stablished for the oals of livery of the materials or supplies within [NOd-1488] P E C the time specified in Article 1, or any I ts F lorence M ine (Mine I ndex No. extension thereof, the actual damage S u m m a r y o p N avy C ontract fo r S u b ­ 68) for Shipm ent for R ailroad F uel to the Government for the. delay will be m a r in e P r o p e l l in g M a c h in e r y Use, P ursuant to S ection 4 n (d) of impossible to determine, and in lieu co n tr a c to r : Fa ir b a n k s, m o r se and co m ­ the Bituminous Coal Act of 1937 thereof the contractor shall pay to the p a n y , BELOIT, WISCONSIN [Docket No. A-475] Government, as fixed, agreed, and liq­ uidated damages for each calendar day J anu a ry 24, 1941. P etition of B ulger B lock Coal Com­ of delay in making delivery, the amount Under date of September 9, 1940, the pany, a Code M ember in D istrict No. as set forth in the specifications or ac­ Navy Department entered into a contract 2, for M odification of Minimum companying papers, and the contractor with Fairbanks, Morse and Company for P rices E stablished for the Coals of and his sureties shall be liable for the the construction of propelling machinery I ts Bulger Min e (Min e I ndex No. amount thereof. for eleven (11) submarines, at Beloit, 285) for S hipment for R ailroad F uel’ Liquidated damages. Under the terms Wisconsin, at a total contract price of Use, P ursuant to Section 4 n (d) of and conditions stipulated in Article 17 $10,307,088.00 or a contract price of the Bituminous Coal Act of 1937 of this contract, the contractor shall $937,008.00 per set of machinery. ORDER DISMISSING THE PETITION IN DOCKET pay to the Government, as liquidated The contract provides for the suspen­ NO. A -300 damages, for each unit undelivered, a sum sion, termination, or cancellation of the contract in order to safeguard the Gov­ The Director, having consolidated the equal to * * * percentum of the above-entitled matters by his order of price of each unit for each day’s delay ernment’s interest should the public ex­ igency require such action. An equitable January 15, 1941, and McClane Mining after the date or dates specified. Company, the original petitioner in Bond: Furnished. Amount: $1,064,- basis for settlement of the contract is provided in the case of each of these Docket No. A-300, having subsequently 600.00. filed a motion that the matters therein be The supplies and services to be ob­ contingencies. In the event of termina­ tained by this instrument are author­ tion due to fault of the contractor, the severed from the hearing in Docket No. ized by, are for the purpose set forth in, Government may complete the construc­ A-118 and continued sine die, or, in the and are chargeable to procurement au­ tion of the machinery for the account alternative, that its petition be dismissed, thority QM 350 P2-0240 A 0515-01 the of the contractor. without prejudice; and available balance of which is sufficient The contract price is subject to adjust­ It appearing that there is no objection to cover cost of same. ment for variations in cost due to the thereto, This contract authorized under Pro­ requirement of earlier delivery dates, ap­ Now, therefore, it is ordered, That the curement Directive No. P-C-37. proved overtime work, and/or shift work, petition of McClane Mining Company in Docket No. A-300 be, and it hereby is, F ra nk W. B u l l o c k , and changes in the plans and specifica­ tions which may be ordered by the Navy dismissed, without prejudice. Major, Signal Corps, Dated: January 28, 1941. Assistant to the Director of Department during the course of con­ Purchases and Contracts. struction. In case the weight of any one [ se a l] H. A. G ray, of the complete sets of machinery is in Director. [F. R. Doc. 41-671; Filed, January 28, 1941; 4:40 p. m.] excess of a specified amount, the entire [P. R. Doc. 41-685; Piled, January 29, 1941} set may be rejected or accepted at a re­ 11:82 a. m.] duced price at the option of the Navy Department. NAVY DEPARTMENT. H . W il l ia m s , [Docket No. A-383] Bureau of Aeronautics. Acting Chief of Bureau. P etition of the D istrict Board No. 11 [NOd-1649] [F. R. Doc. 41-663; Filed, January 29', 1941; for the E stablishment of P rice C las­ 9:28 a. m.] S u m m a r y o p N avy C o n tra ct fo r A ddi­ sifications and M inim um P rices for tio n a l P la n t F a c il it ie s the Coals of the Chinook Mine of Ayrshire P atoka Collieries C orpora­ c o n tractor: u n io n s w it c h and signal tion, not H eretofore Classified and COMPANY, SWISSVALE, PENNSYLVANIA DEPARTMENT OF THE INTERIOR. P riced, P ursuant to Section 4 II (d) Under date of January 18, 1941, the Bituminous Coal Division. of the Bituminous Coal Act of 1937 Navy Department entered into a contract with Union Switch and Signal Company [Docket No. A-118] order o f severance and continuance of HEARING for the acquisition, construction and in­ P etition of Oakdale M ining Company, stallation of additional plant facilities a Code M ember in D istrict No. 2, for The above-entitled matter in Docket consisting of machinery, equipment and M odification of M inim um P rices E s­ No. A-383 has been consolidated by Order tools to be located at the plant of that tablished for the Coals of I ts Oak­ of the Director with the matters in Dock­ Corporation at Swissvale, Pennsylvania dale Mine (M in e I ndex N o. 304) for et Nos. A-36-Part H, A-147, A-44, A-115, at a total estimated cost of $1,243,000.00. S hipm ent for R ailroad F uel Use, P ur­ A-259, A-436, and A-440, and the hearing The contract is in general in accord­ suant to Section 4 n (d) of the Bi ­ in all of these matters has been set for ance with the form of the Emergency tuminous Coal Act of 1937 January 29, 1941. FEDERAL REGISTER, Thursday, January 30, 1941 677

District Board No. 11, the petitioner from the Beech Grove Mine and the only [Docket N a A—403] in Docket No. A-383, by motion filed on customer for the slack sizes produced at P etition of Charles and Angel, P roduc­ January 21, 1941, has moved that the the mine. ers in District 8, for a Change in the matter in Docket No. A-383 be severed Although the representative of the pe­ E ffective M inim um P rices P ursuant from the other above-mentioned dock­ titioner stated that tÿie coals produced to Section 4 II (d) of the Bituminous ets, and that the hearing in that matter at Beech Grove Mine are inferior in Coal Act of 1937 be set for February 26, 1941. It urges in quality to other coals in Subdistrict No. support of its motion that the mine in­ 2 of District No. 4, the analysis figures [Docket No. A-389] volved in Docket No. A-383 has so re­ from consumers’ analyses which the rep­ P etition of S tewart and Miller, a P ro­ cently begun to operate that sufficient resentative of the petitioner referred to ducer in D istrict 8, for a Change in experience concerning the propriety of did not fully substantiate this statement. the E ffective M inim um P rices P ur­ the temporary prices established for its Moreover, the petitioner’s representative suant to Section 4 II (d) of the Bitu ­ coals will not be available on January stated that prior to October 1, 1940, the minous Coal Act of 1937 29, 1941. price of coal produced at the Beech [Docket No. A-233] Now, therefore, it is ordered, That the Grove Mine and sold to the Timken matter in Docket No. A-383 be severed Roller Bearing Company was 25 to 35 P etition of L. A. M cClung, a P roducer in from matters in Docket Nos. A-36-Fart II, cents higher than the price of coal pur­ District 7, for a Change in the E ffec­ A-147, A-44, A-115, A-259, A-436, and chased by that company from other pro­ tive Minim um P rices P ursuant to Sec­ A-440; and that the hearing in Docket ducers. Petitioner claimed that the coal tion 4 I I (d) of the Bituminous Coal. No. A-383 be continued from January 29, of at least one of such other producers Act of 1937 1941 until February 26, 1941, at 10 a. m. is greatly superior to Beech Grove coal. [Docket No. A-412] at 734 Fifteenth Street NW., Washington, The petitioner did not show the loss of P etition of H omer G illispie, a P roducer D. C. any substantial tonnage to date which in D istrict 7t for a Change in the E f­ Dated: January 28, 1941. could be attributed to the m in imum fective Minim um P rices P ursuant to [ seal] H. A. G ray, prices established for the coal of the S ection 4 I I (d) of the Bituminous Director. Beech Grove Mine. Coal Act of 1937 The representative of District Board [F. R. Doc. 41-684; Filed, January 29, 1941; No. 4 opposed the granting of temporary ORDER OF DISMISSAL 11:31 a. m.] relief in this case. He stated that the Hearings having been called in the Board had been unable to obtain an­ above-named matters and petitioners alyses by which to classify Beech Grove having offered no evidence in support of [Docket No. A-459] coal, other than one which petitioner’s the petitions; P etition of the Beech G rove Coal representative asserted to be incorrect. It is ordered, That the above-named Company, a P roducer in D istrict No. The Director has carefully considered petitions are hereby dismissed. 4, for R evision of Classifications and the request for temporary relief, the Dated: January 28, 1941. views expressed, and data submitted in E ffective M inim um P rices for R ail [ se a l ] H. A. G ray, Coal connection therewith at the informal Director. conference. The Director finds that pe­ MEMORANDUM OPINION AND ORDER CON­ titioner has made no adequate showing [P. R. Doc. 41-686; Filed, January 29, 1941; CERNING TEMPORARY RELIEF of actual or impending injury in the 11:32 a. m.] The above-named petitioner has filed event that temporary relief is not an original petition under section 4 II granted, and further finds that the [Docket No. A-538] (d) of the Bituminous Coal Act of 1937, granting of this relief would unduly P etition of Amherst Coal Company, A requesting a reduction of 15 cents per prejudice other interested persons in ad­ P etitioner in District 8, for Change ton in the effective minimum prices for vance of a hearing and that no suffi­ in Classification in Size G roups 8-22 rail coal shipped from the Beech Grove ciently clear showing has been made that for Coal F rom I ts Amherst No. 1 and Mine (Mine Index No. 11) in District petitioner is entitled to the relief prayed. Amherst No. 2 M ines, P ursuant to No. 4. The petition contains a request Now, therefore, it is ordered, That the SeCTION 4 II (d) OF THE BITUMINOUS for temporary relief and on January 10, temporary relief requested in the peti­ Coal Act of 1937 1941, an informal conference was held, tion of the Beech Grove Coal Company upon due notice to interested persons. is denied. MEMORANDUM AND ORDER CONCERNING TEM­ At the informal conference all interested Dated: January 28, 1941. PORARY RELIEF persons were given opportunity to ex­ [ se a l] H. A. G ray,- Petitioner requested that coal from its press their views concerning the tempo­ Director. Amherst No. 1 mine be reduced in classi­ rary relief requested. Petitioner, Driggs fication in Size Groups 18-21 from “F” & Lewis (a code member in District No. [F. R. Doc. 41-682; Filed, January 29, 1941; to “H” and in Size Group 22 from “K” to 4), District Board No. 4, and District 11:31 a. m.] “L”; and that coal from its Amherst No. Board No. 2 were represented at the in­ 2'mine be reduced in classification in Size formal conference... Group 8 from “G” to “H”, Size Group 9 The representative of the petitioner [Docket No. A-480] from “E” to “F”, Size Group 10 from “G” who appeared at the informal confer­ to “H”, Size Groups 11-17 from “B” to P etition of K entucky-H orse Creek “D”, Size Groups 18-21 from “E” to “H”, ence stated that all coal transported by Mining Company, a P roducer in Dis ­ rail from the Beech Grove Mine, includ­ and Size Group 22 from “K” to “L”. Pe­ trict 8, for a Change in the E ffective titioner further requested that temporary ing all slack sizes, is now being sold to M inimum P rices P ursuant to Section the Timken Roller Bearing Company in relief be granted pending the final dis­ 4 II (d) of the Bituminous Coal Act position of the petition. Columbus, Ohio. The tonnage of coal of 1937 now being sold to the foregoing company An informal conference was held on amounts to approximately 80 per cent of [Docket No. A-166] January 9, 1941. Representatives of the petitioner’s entire production, aggregat­ P etition of W est Virginia Coal and petitioner, District Boards 2 and 8, and ing about 7,000 tons per year. For some T ransportation Company, a P roducer Island Creek Coal Company, a producer time prior to the effective date of mini­ in D istrict 8, for a Change in the E f ­ in District 8, were present. District mum prices, October 1,1940, the Timken fective M inimum P rices P ursuant to Boards 2 and 8 and Island Creek Coal Roller Bearing Company was the only S ection 4 II (d) of the Bituminous Company opposed the request for tempo­ customer purchasing coal moved by rail Coal Act of 1937 rary relief. 678 FEDERAL REGISTER, Thursday, January 30, 1941

Petitioner supported its request for DEPARTMENT OF COMMERCE. et cetera, specified in the Determination temporary relief on representations and Order or Regulation for the industry that during the months of October, Civil Aeronautics Authority. designated above and indicated oppo­ November, and December, 1940, its ship­ [Docket No. SA—32] site the employer’s name. These Cer­ ments of coal had decreased below its I n t h e M atter o f I nvestigation o f A c c i­ tificates become effective January 30. shipments in prior periods. Petitioner d en t, I nvolving A ircraft o f U n it ed 1941. The Certificates may be cancelled represented that during October these S tates R e g istr y N C 17315, W h ic h O c ­ in the manner provided in the Regula­ mines had a running time of 49.47% of curred N ear S t . L o u is , M is s o u r i, o n tions and as indicated in the Certificate. their rating, during November 59.9%, J anuary 23, 1941 Any person aggrieved by the issuance of and for a substantial period in December any of these Certificates may seek a re­ 26.3%. Petitioner did not indicate what NOTICE OF HEARING 1 view or reconsideration thereof. former customers had refused to pur­ Notice is hereby given that a public NAME AND ADDRESS OF FIRM, INDUSTRY, chase the coal at present prices nor did hearing in connection with the above- petitioner indicate the reasons for the PRODUCT, NUMBER OF LEARNERS, AND EX­ entitled matte? will be held at 9:30 a. m. PIRATION DATE particular classifications requested. (C. S. T.) on January 30, 1941, in Room District Board 8 represented that the 516, United States Courthouse and Cus­ F. M. Adams Corporation, Ashland analyses of petitioner’s coal had not toms House, 1114 Market Street, St. Louis, Avenue, Chicago, Illinois; Apparel; Bur­ changed during the last two years; that Missouri. - ial Garments; 2 learners (75% of the petitioner’s coals were properly related to Dated', Washington, D. C., January 28, applicable hourly minimum wage); Jan­ other coals in the Eagle and Logan seams 1941. uary 30, 1942. with which it competed; that the reduc­ G . G rant M aso n , J r ., Bixler Shirt Company, Center Street, tions in petitioner’s shipments during the Examiner. Millersburg, Pennsylvania; Apparel; fall of 1940 were caused by the closing Shirts; 10 percent (75% of the applica­ of the lake navigation season, in which [F. R. Doc. 41-665; Filed, January 29, 1941; ble hourly minimum wage); May 15, market petitioner had apparently con­ 9:28 a. m.] 1941. centrated its deliveries in the early part Capital Pants Company, 1234 Carpen­ of the year; that producers who concen­ ter Street, Philadelphia, Pennsylvania; trated their sales in the lake market nor­ DEPARTMENT OF LABOR. Apparel; Single Pants 100% Cotton; 3 mally suffered a drop in sales during the learners (75% of the applicable hourly fall and winter months. District Board Wage and Hour Division. minimum wage); January 30, 1942. 8 further represented that other pro­ Dixie Shirt Company, Inc., 218 Ezell ducers competing with petitioner had ex- N o t ic e o f I ssu a n c e o f S p e c ia l C e r t if i­ Street, Spartanburg, South Carolina; * perienced similar reductions in sales cates fo r t h e E m p l o y m e n t o f L ea rn ­ Apparel; Men’s Dress Shirts; 5 percent , particularly in the slack sizes, in which er s U nder t h e F a ir L abor S tandards (75% of the applicable hourly minimum petitioner had apparently had its chief A ct o f 1938. wage); January 30, 1942. difficulties. Island Creek Coal Company Notice is hereby given that Special Fay Sportwear Company, Washington joined in and adopted these representa­ Certificates authorizing the employment Avenue, Burlington, New Jersey; Ap­ tio n s advanced by District Board 8. of learners at hourly wages lower than parel; Dresses; 5 learners (75% of the It further appeared that in 1940 peti­ the minimum wage rate applicable under applicable hourly minimum wage); tioner had produced slightly more coal section 6 of the Act are issued under January 30, 1942. than it had produced in 1939, and that Section 14 thereof, Part 522 of the Regu­ Helene Dresses, Ific., 165 Water Street* in 1940 it had shipped a considerably lations issued thereunder (August 16, Catskill, New York; Apparel; Dresses; larger portion of its coal to lake markets. 1940, 5 F.R. 2862) and the Determination 5 learners (75% of the applicable hourly Based on the information contained and Order or Regulation listed below and minimum wage); January 30, 1942. in the petition and the representations at published in the F ederal R eg iste r as Hollywood Garment Corporation, 1013 the informal conference, it appears that here stated. South Los Angeles Street, Los Angeles, the question of a reduction in classifica­ Apparel Learner Regulations, Septem­ California; Apparel, Blouses; 5 learners tion for petitioner’s mines is highly con­ ber 7, 1940 (5 F.R. 3591). (75% of the applicable hourly minimum troversial ; that if a reduction is granted Artificial Flowers and Feathers Learner wage); January 30, 1942. to petitioner, competing producers in Dis­ Regulations, October 24,. 1940 (5 F.R. Edward Hyman Company, 1661 Mission trict 8 might be entitled to similar re­ 4203). Street, San Francisco, California; Ap­ ductions and thus bring about a general parel; Washable Service Apparel; 5 lowering of the price level; it further Glove Findings and Determination of February 20, 1940, as amended by Ad­ learners (75% of the applicable hourly appears that the reasons for petitioner’s minimum wage); January 30,1942. decline in sales may not necessarily be ministrative Order of September 20, attributable to improper price classifica­ 1940 (5 F.R. 3748). Charles Komar & Sons, First Street, tions but may have been caused by other Hosiery Learner Regulations, Septem­ South Amboy, New Jersey; Apparel, La­ factors, such as a concentration of sales ber 4, 1940 <5 F.R. 3530). dies’ Slips; 5 percent (75% of the appli­ efforts in seasonal markets. Independent Telephone Learner Regu­ cable hourly minimum wage); January The Director, having considered the lations, September 27,1940 (5 F.R. 3829). 30, 1942. request for temporary relief and the Knitted Wear Learner Regulations, Merit Corset Company, 2 Norman views expressed and the data submitted October 10,1940 (5 F.R. 3982). Street, Bridgeport, Connecticut; Apparel; in connection therewith at the informal Millinery Learner Regulations, Cus­ Corsets, Girdles, Corselettes; 5 learners conference, finds that petitioner has not tom Made and Popular Priced, August (75% of the applicable hourly minimum made a sufficiently clear showing that it 29, 1940 (5 F.R. 3392, 3393). wage); January 30, 1942. is entitled to the relief sought, that the Textile Determination and Order, No­ Edward Shuwall & Company, Inc., granting of this relief might unduly prej­ vember 8, 1939 (4 F.R. 4531), as Hanover Street, Pottstown, Pennsylva­ udice other interested persons in advarfce amended, April 27, 1940 (5 FJR. 1586).. nia; Apparel; Children’s Dresses; 60 of a hearing, and that the request for Woolen Learner Regulations, October learners (75% of the applicable hourly temporary relief should be denied. 30, 1940 <5 F.R. 4302). minimum wage); May 29, 1941. It is so ordered. The employment of learners under Superior Surgical Mfg. Company, Inc., Dated: January 28, 1941. these Certificates is limited tb the terms Vernon Valley Road, East Northport, New [ se a l ] H. A. G ray, and conditions as to the occupations, York; Apparel; Washable Service Ap­ Director. learning periods, minimum wage rates, parel; 5 learners (75% of the applicable hourly minimum wage); January 30, [F. R. Doc. 41-683; Filed, January 29, 1941; 11:31 a. m.] ■ * Issued by the Civil Aeronautics Board. 1942. FEDERAL REGISTER, Thursday, January 30, 1941 679

Martins Perry Glove Company, 1315 NAME AND ADDRESS OF FIRM, PRODUCT, NUM­ ter of this notice, should be delivered to Zane Street, Martins Ferry, Ohio; Glove; BER OF LEARNERS, LEARNING PERIOD, the Presiding Officer at Room 2240, South W o rk Glove; 3 learners; January 30,1942. LEARNER WAGE, LEARNER OCCUPATIONS, Building, Independence Avenue and 14th Cape Charles Hosiery Mills, Inc., Cape EXPIATION DATE Street SW., Washington, D. C. Charles, Virginia; Hosiery; Full Fash­ The Temple Phonograph & Cabinet The proposed definitions and standards ioned; 5 learners; January 30,1942. Corporation, Mystic, Connecticut; Radio of identity, which are subject to adop­ Cape Charles Hosiery Mills, Inc., Cape Cabinets & Radios; 12 learners; 8 weeks tion, rejection, amendment, or modifica­ Charles, Virginia; Hosiery; Full Fash­ for any one learner; 25 cents per hour; tion, in whole or in part, as the evidence ioned; 9 learners; September 30, 1941. Wood Working Machine Operator; April of record at the hearing may require, are Emmaus Hosiery Mill, Emmaus, Penn­ 24, 1941. as follows: sylvania; Hosiery; Full Fashioned; 2 The Temple Phonograph & Cabinet § 19.520 Neufchatel cheese—Identity; learners; January 30, 1942. Corporation, Mystic, Connecticut; Radio label statement o f optional ingredients. Holt Hosiery Mills, Inc., Graham, North Cabinets & Radios; 38 learners; 4 weeks - (a) Neufchatel cheese is the food pre­ Carolina; Hosiery; Full Fashioned; 5 for any one learner; 25 cents per hour; pared by the procedure set forth in learners; September 30,1941. Cabinet Assembler; Finisher, Sander; subsection (b) from sweet milk, or a Parker Hosiery Mill, Hickory, North March 13, 1941. mixture of sweet milk and cream or Carolina; Hosiery; Seamless; 5 learners; sweet skim milk or both, or a mixture of Signed at Washington, D. C., this 29th cream and sweet skim milk, so that the January 30, 1942. day of January 1941. Parker Hosiery Mill, Hickory, North finished neufchatel cheese contains not Carolina; Hosiery; Seamless; 3 learners; M erle D. V in c e n t , more t h a n _____percent (to be fixed September 30, 1941. Authorized Representative within the range of 60 percent to 70 Radford Knitting Mills, Inc., Radford, of the Administrator. percent) of moisture and not less than Virginia; Hosiery; Full Fashioned; 2 [F. R. Doc. 41-688; Filed, January 29, 1941; ------percent (to be fixed within the learners; September 30,1941. 11:42 a. m.] range of 20 percent to 25 percent) but Redstone Knitting Mills, East Mills- less than 34 percent of milk fat, as deter­ boro, Pennsylvania; Knitted Wear; mined by the methods prescribed on Knitted Outerwear; 5 learners; January page 301 under “Moisture—Official” and 30, 1942. FEDERAL SECURITY AGENCY. on page 302 under “Fat—Official”, of “Official and Tentative Methods of South Hill Industries, Inc., Goodes Food and Drug Administration. Analysis of the Association of Official Ferry Road, South Hill, Virginia; Tex­ [Docket No. FDC-29] Agricultural Chemists”, Fifth Edition, tile; Weaving of Ribbon; 3 learners; 1940. In its preparation may be added January 30, 1942. I n t h e M atter o f D e f in it io n s and S tand ­ the optional ingredient— ards o f I d e n t it y fo r N e u fc h a te l Signed at Washington, D. C., this 29th Gelatin, carob bean gum, gum traga- day of January 1941. C h e e s e , C ottage C h e e s e , and C reamed C ottage C h e e s e canth, or gum karaya, or any combina­ M erle D. V in c e n t , tion of two or^ more of these, in a Authorized Representative NOTICE OF HEARING quantity not more than 0.5 part by of the Administrator. Pursuant to the provisions of sub­ weight to each 100 parts by weight of section (e) of section 701 of the Federal the finished neufchatel cheese. [F. R. Doc. 41-687; Filed, Ja n u ary 29, 1941; 11:42 a. m.] Food, Drug, and Cosmetic Act (52 Stat. The finished neufchatel cheese is soft; it 1055; 21 U.S.C. 371 (e) ) and of Reor­ is not subjected to curing. For the pur­ ganization Plan No. IV (5 F.R. 2421), no­ poses of this section the word “milk” tice is hereby given that, beginning at means cows’ milk. N o tice o f I ssuance o f S pecia l C e r t if i­ 10 a. m., on March 17, 1941, in Room (b) Sweet milk, or a mixture of sweet cates fo r t h e E m p l o y m e n t o f L earn­ 1039, South Building, 14th Street and In­ milk and cream or sweet skim milk or ers U nder t h e F air L abor S tandards dependence Avenue SW., Washington, both, or a mixture of cream and sweet A ct o f 1938 D. C., a public hearing will be held upon skim milk, is pasteurized and may be the proposals hereafter set forth for the homogenized. Curd is formed by the Notice is hereby given that Special purpose of receiving evidence upon the action of added harmless lactic-acid- Certificates authorizing the employment basis of which there may be promulgated producing bacteria, with or without ren­ of learners at hourly wages lower than regulations fixing and establishing, under net and with or without heating. The the minimum rate applicable under Sec­ section 401 of the Federal Food, Drug, and curd is drained, with or without chilling tion 6 of the Act are issued under section Cosmetic Act (52 Stat. 1046; 21 U.S.C. or pressing or both. It may be worked 14 thereof and Part 522.5 (b) of the 341), definitions and standards of iden­ and may be seasoned with salt; it may Regulations issued thereunder (August tity for neufchatel cheese, cottage cheese, be heated and may be homogenized. 16, 1940, 5 F. R. 2862) to the employers and creamed cottage cheese. (c) When any of the optional in­ listed below effective January 30, 1941. Walter G. Green, Jr., is hereby desig­ gredients is present, the label shall bear The employment of learners under nated as Presiding Officer to conduct the the statement “Gelatin Added” or “With these Certificates is limited to the terms hearing, with full power and authority Added Gelatin”, “Vegetable Gum Added” and conditions as designated opposite to administer oaths and affirmations and or “With Added Vegetable Gum”, or the employer’s name. These Certificates to do all other things appropriate to the “Vegetable Gum and Gelatin Added” or are issued upon the employer’s repre­ conduct of the hearing. The hearing will “With Added Vegetable Gum and Gela­ sentations that experienced workers for be conducted in accordance with the rules tin”, as the case may be. Wherever the the learner occupations are not available of practice provided for such hearings, as name “Neufchatel Cheese” appears on for employment and that they are actu­ published in the F ederal R eg ister of the label so conspicuously as to be easily ally in need of learners at subminimum June 26, 1940 (5 F.R. 2379-2381). seen under customary conditions of pur­ rates in order to prevent curtailment of All interested persons are invited to at­ chase, such statement shall immediately opportunities for employment. The Cer­ tend the hearing, in person or by repre­ and conspicuously precede or follow such tificates may be cancelled in the manner sentative, and give evidence relevant and name, without intervening written, provided for in the Regulations and as material to the subject matter of the printed, or graphic matter. indicated on the Certificate. Any per­ proposals. § 19.525 Cottage chees e—identity. son aggrieved by the issuance of these Affidavits permitted to be submitted (a) Cottage cheese is the food prepared Certificates may seek a review or recon­ under the rules of practice, and all com­ by the procedure set forth in subsection sideration thereof. munications respecting the subject mat- (b) from sweet skim milk, so that the 680 FEDERAL REGISTER, Thursday, January 30, 1941 finished cottage cheese contains not more of its label to bear the statement “Warn­ metic Act, each of the chemical deriva­ th a n _____ percent (to be fixed within ing—May be habit forming”— tives hereinafter listed under its com­ the range of 75 percent to 80 percent) (1) if such drug is not suitable for mon or usual name, followed in certain of moisture as determined by the method internal use and is distributed and sold cases by its chemical name, is hereby des­ prescribed on page 301 under “Mois­ exclusively for such external use as in­ ignated as habit forming. ture—Official”, of “Official and Tentative volves no possibility of habit formation; Chemical Derivatives of Alpha Eucaine Methods of Analysis of the Association (2) by reason of its containing chloro- of Official Agricultural Chemists”, Fifth butanol used solely as a preservative in All salts of alpha eucaine formed by Edition, 1940. The finished cottage a quantity not more than 0.5 percent by the combination of alpha eucaine with cheese is soft; it is not subjected to cur­ weight if such drug is for parenteral use any acid. The common or usual name ing. For the purposes of this section only; or of each such salt is “alpha eucaine” fol­ the word “milk” means cows’ milk. (3) by reason of its containing chloro- lowed by the name of the acid radical (b) Skim milk is pasteurized. Curd butanol used solely as an analgesic^ or combined in such salt (as for example is formed by the action of added harm­ as an analgesic and preservative, in a “alpha eucaine sulfate”) ; except that less lactic-acid-roducing bacteria, with quantity not more than 3.0 percent, if when the acid is hydrochloric acid, hy- or without rennet and with or without such drug contains one or more other drobromic acid, or hydriodic acid, the heating. The curd is drained and may name which follows is “hydrochloride,” be washed with water followed by active ingredients and is for parenteral use only. “hydrobromide,” or “hydriodide,” as the draining. It may be chilled or pressed case may be. or both. It may be seasoned with salt. The hearing will be held beginning at § 19.530 Creamed cottage cheese— 10:00 a. m., on March 3, 1941, in Rooms Chemical Derivatives of Barbituric Acid identity. Creamed cottage cheese is the A, B, and C, Departmental Auditorium, food prepared by adding cream to cottage Constitutional Avenue between 12th and Barbital (5,5-diethyl-barbituric acid). cheese. It contains not more th a n ------14th Streets NW., at Washington, D. C. Phenolbarbital (5-ethyl-5-phenyl-bar- percent (to be fixed within the range of Michael F. Markel is hereby desig­ bituric acid). 75 percent to 80 percent) of moisture and nated to conduct the hearing. All in­ Amytal (5-ethyl-5-isoamyl-barbiturio- not less th a n _____percent (to be fixed terested persons may submit oral or acid). within the range of 4 percent to 6 per­ written arguments on the subject of such N e o n a 1 (5-ethyl-5-butyl-barbituric cent) of milk fat, as determined by the amendments. Oral statements will be acid). methods prescribed on page 301 under received by the presiding officer (subject Ipr al (5-ethyl-5-isopropyl-barbituric “Moisture—Official” and on page 302 to such restrictions as to scope and acid). under “Fat—Official”, of “Official and length as to him seem reasonable and O r t a 1 (5-ethyl-5-hexyl-barbituric Tentative Methods of Analysis of the proper). Written statements may be acid). Association of Official Agricultural submitted to the presiding officer at the Phanodorn (5-ethyl-5-( 1-cyclo- Chemists”, Fifth Edition, 1940. Creamed opening of the hearing or may be deliv­ hexenyl)-barbituric acid). cottage cheese is soft and is not subjected ered to him at Room 2240, South Build­ Pentobarbital (5-ethyl-5- (1-methyl- to curing. ing, Independence Avenue and 14th butyl)-barbituric acid). Washington, D. C., January 6, 1941. Street SW., Washington, D. C. prior to Mebaral (5-ethyl-5-phenyl-l-methyl- Path. V. M cNtjtt, the date of the hearing. The proposed barbituric acid). Administrator. amendments may be adopted, rejected, Dial (5tf>-diallyl-bar bit uric acid). or amended, in whole or in part, by the Sandoptal (5-ally 1-5-isobutyl-barbitu­ [F. R. Doc. 41-674; Filed, January 29, 1941; Administrator without further notice. ric acid). 11:05 a. m.] Dated: Washington, D. C., January Alurate (5-allyl-5-isopropyl-barbituric 27, 1941. acid). P aul V. M cN u t t , Pernoston (5-sec-buty 1-5- (2-bromoal- [Docket No. FDO-30 General] Federal Security Administrator. lyl)-barbituric acid). I n t h e M atter o f A m e n d m e n t o f G eneral Evipal (l,5-dimethyl-5-(l-cyclohex- [F R Doc. 41-675; Filed, January 29, 1941; R eg u la t io n s o f t h e F ederal F ood, enyl)-barbituric acid). 11:05 a. m.] D rug, and C o sm e t ic A ct Nostal (5-isopropyl-5-(2-bromoallyl)- barbituric acid. NOTICE OF PUBLIC HEARING Pentothal (5-ethyl-5-(l-methylbutyl- Notice is hereby given that an informal [Docket No. FDC-30] 2-thio-barbituric acid). public hearing will be held by virtue of I n t h e - M atter o f D e s ig n a t in g as H abit Seconal (5-allyl-5-(l-methylbutyl)- and pursuant to the provisions of subsec­ F o r m in g C e r t a in C h e m ic a l D eriva­ barbituric acid). tion (a) of section 701 of the Federal t iv e s o f S u b sta n c es N amed i n F ederal Proponal (5,5-dipropyl-barbituric Food, Drug, and Cosmetic Act (21 U.S.C. F ood, D ru g , and C o s m e t ic A ct acid). 371 (a)) upon the proposal to amend the Pentenal (5-ethyl-5-cyclopentenyl- general regulations for the enforcement NOTICE OF PUBLIC HEARING barbituric acid). of paragraph (d) of section 502 of said Notice is hereby given that a public Cyclopal (5-allyl-5-cyclopentenyl- Act (21 U.S.C. 352 (d)). The proposed hearing will be held as provided by sub­ barbituric acid). amendments are to change paragraphs section (e) of section 701 of the Federal Sigmodal (5-amyl-5- (2-bromoallyl) - (a) (1) and (d) of § 2.104 of said general Food, Drug, and Cosmetic Act (21 U.S.C. barbituric acid). regulations promulgated on December 22, 371 (e)) upon the proposal to promulgate Butisol (5-ethyl-5-sec-butyl-barbituric 1938 (3 F.R. 3167) to read as follows: regulations under and by virtue of the acid). § 2.104 (a) (1) The name of a sub­ provisions of paragraph (d) of section 502 Rutonal (5-methyl-5-phenyl-barbitu- stance or derivative required by or under of said Act (21 U.S.C. 352 (d)), desig­ ric acid). authority of section 502 (d) of the Act to nating as habit forming certain chemi­ Eldoral (5-ethyl-5-( 1-piperidyl) -bar­ be borne on the label of a drug shall be cal derivatives of alpha eucaine, barbi­ bituric acid). the name whereby such substance is turic acid, beta-eucaine, bromal, canna­ Eunarcon (5-(2-bromoallyl)-5-isopro- designated in such section 502 (d), or the bis, carbromal, chloral, coca, cocaine, pyl-l-methyl-barbituric acid). common or usual name whereby such codeine, heroin, marihuana, morphine, R e c 11 d o n (5-(2-bromoallyl) —5—(1— derivative is designated in regulations opium, paraldehyde, peyote, or sulphon- methylbutyl)-barbituric acid). promulgated thereunder. methane. The proposed regulations are Frominal (5-ethyl-5-phenyl-l-methyl- § 2.104 (d) A drug shall not be con­ as follows: barbituric acid). sidered to be misbranded under section § 145.1 For the purposes of section 502 Narconumal (5-allyl-5-isopropyl-l- 502 (d) of the Act by reason of failure (d) of the Federal Food, Drug, and Cos­ methyl-barbituric acid). FEDERAL REGISTER, Thursday, January SO, 1941 681 Delvinal (5-ethyl-5-(l-methyl-l-bu- Chemical Derivatives of Codeine ing in the place and stead of the Admin­ tenyl)-barbituric acid). Dicodid (dihydro-codeinone). istrator subject to the provisions of the All lithium, sodium, potassium, mag­ rules of practice (5 F.R. 2379-2381), re­ nesium, calcium, strontium, and am­ Eucodal (dihydrohydroxy-codeinone). Eucodin (codeine methyl bromide). lating to such hearings, with full power monium salts of any such acids. The Any salt of dicodid, eucodal, or co­ and authority to administer oaths and common or usual name of each such deine formed by the combination of any affirmations and to do all things neces­ salt is the common or usual name under such substance with any acid. The com­ sary for the proper conduct of the which such acid is herein listed preceded mon or usual name of each such salt is hearing. by the name of the basic ion with which Affidavits permitted to be submitted it combined to form such salt. “dicodid,” “eucodal,” or “codeine,” as the case may be, followed by the name of the under the rules of practice should be Chemical Derivatives of Beta Eucaine acid radical combined in such salt (as for delivered to the presiding officer at Room example “codeine sulfate”) ; except that 2240, South Building, Independence Ave­ All salts of beta eucaine formed by the when the acid is hydrochloric acid, hy­ nue and 14th Street SW., Washington, combination of beta eucaine with any drobromic acid, or hydriodic acid, the D. C., at or before the opening of the acid. The common or usual name of name which follows is “hydrochloride,” hearing. each such salt is “beta eucaine” fol­ “hydrobromide,” or “hydriodide,” as the Dated: Washington, D. C., January 27, lowed by the name of the acid radical case may be. 1941. combined in such salt (as for example P aul V . M cN u t t , “beta eucaine sulfate”) ; except that Chemical Derivatives of Heroin Federal Security Administrator. when the acid is hydrochloric acid, hy- All salts of heroin formed by the com­ [P. R. Doc. 41-676; Piled, January 29, 1941; drobromic acid, or hydriodic acid, the bination of heroin with any acid. The 11:05 a. m.] name which follows is “hydrochloride,” common or usual name of each such salt “hydrobromide,” or “hydriodide,” as the is “heroin.” case may be. Chemical Derivatives of Morphine SECURITIES AND EXCHANGE COM­ Chemical Derivatives of Bromal Dilaudid (dihydro-morphinone). MISSION. Bromal Hydrate (tribromoacetalde- Paramorphan (dihydro-morphine). [File No. 70-223] hyde hydrate). Ethylmorphine. Brometone (2- (tribromomethyl) -2- Any salt of dilaudid, paramorphan, I n t h e M atter o p L o n e S tar G as propanol). > ethylmorphine, or morphine formed by C o r po ra t io n Bromoform (tribromomethane). the combination of any such substance ORDER PERMITTING DECLARATION TO BECOME with any acid. The common or usual EFFECTIVE WITH RESPECT TO CERTAIN Chemical Derivatives of Cannabis and name of each such salt is “dilaudid,” BANK LOAN NOTES Marihuana “paramorphan,” “ethylmorphine,” or At a regular session of the Securities Extract of Cannabis. “morphine,” as the case may be, fol­ and Exchange Commission held at its Pluidextract of Cannabis. lowed by the name of the acid radical office in the City of Washington, D. C., Tincture of Cannabis. combined in such salt (as for example on the 28th day of January, A. D. 1941. “morphine sulfate”) ; except that when Loan Star Gas Corporation, a regis­ Chemical Derivatives of Carbromal the acid is hydrochloric acid, hydro­ tered holding company, having filed a Sedormid (a-allylisovaleryl-urea). bromic acid, or hydriodic acid, the name declaration pursuant to the Public Utility Bromural (a-bromoisovaleryl-urea). which follows is “hydrochloride,” “hydro­ Holding Company Act of 1935, particu­ Neuronal (a-bromo-a, a-diethyl-aceta- bromide,” or “hydrodide,” as the case larly section 7 thereof, regarding the bor­ mide). may be. rowing of $26,000,000 by the declarant Acetylcarbromal (a - bromo - a - ethyl- Chemical Derivatives of Opium from the following banks, each bank to butyryl-acetyl-urea). Extract of Opium. lend the amount set opposite its name: Pluidextract of Opium. The Union Trust Company of Chemical Derivatives of Chloral P itts b u r g h ------$7, 750, OOO Tincture of Opium. The Mellon National Bank of Chloral Hydrate (trichloroacetaldehyde Pittsburgh ------2,000,000 hydrate). Chemical Derivatives of Paraldehyde The Chase National Bank of the Chlorobutanol (2- (trichloromethyl) - Metaldehyde. City of New York------10,000,000 2-propanol). Bankers Trust Company______3, OOO, 000 Chemical Derivatives of Sulphonmethane Chemical Bank & Trust Com­ Chloralimide (trichloroethylidene- pan y ------1,500,000 imine). Sulfonethylmethane. The Farmers Deposit National Chloralformamide (N-(/3-trichloro-a- Sulfondiethylmethane. B ank ------750, OOO hydroxyethyl) -formamide). First National Bank at Pitts­ The hearing will begin at 11:00 A. M. b u rg h ------750,000 a-Chloralose (a - (p - trichloro-a - hy- on March 3, 1941, in rooms A, B and C, The Union Savings Bank ______250, 000 droxyethly) -d-glucoside). Departmental Auditorium, Constitution The declarant proposing to issue bank Chemical Derivatives of Cocaine Avenue between 12th and 14th Streets loan notes evidencing the above loans, NW., at Washington, D. C. payable to the order of each of the banks All salts of cocaine formed by the com­ All interested persons are invited to at­ in the amount loaned by it, such notes bination of cocaine with any acid. The tend the hearing, in person or by repre­ to be payable in semi-annual install­ common or usual name of each such salt sentative, and offer evidence relevant and ments in the aggregate principal amount is “cocaine” followed by the name of the material to the subject matter of the of $1,150,000 due on August 1, 1941, and acid radical combined in such salt (as proposal. on February 1 and August 1 in each year for example “cocaine sulfate”) ; except The proposed regulations are subject thereafter to and including August 1, that when the acid is hydrochloric acid, to adoption, rejection, or amendment, in 1950, with interest at the rate of 2%, and hydrobromic acid, or hydriodic acid, the whole or in part, as the evidence of rec­ a final installment in the aggregate prin­ name which follows is “hydrochloride,” ord at the hearing may require. cipal amount of $4,150,000 due on Feb­ “hydrobromide,” or “hydriodide,” as the Michael P. Markel is hereby designated case may be. ruary 1, 1951, with interest at the rate as presiding officer to conduct the hear- of 2lU%\ and No. 20------3 682 FEDERAL REGISTER, Thursday, January 30, 1941 Further provisions with respect to pre­ office in the City of Washington, D. C., [File No. 70-240] payment of the loans, the furnishing of on the 29th day of January, A. D. 1941. I n t h e M atter o f L o u isia na I ce & collateral, and certain affirmative and re­ Notice is hereby given that an ap­ E le c tr ic C o m pa n y , I n c . strictive covenants, and other matters plication has been filed with this Com­ being contained in a bank loan agree­ mission pursuant to the Public Utility NOTICE REGARDING FILING ment entered into between the declarant Holding Company Act of 1935 by the At a regular session of the Securities and the lending banks; and above named party; and and Exchange Commission, held at Its The declarant proposing to use the Notice is further given that any inter­ office in the City of Washington, D. c., $26,000,000 to be borrowed together with ested person may, not later than Feb­ on the 29th day of January, A. D. 1941. $1,226,000 of its current funds for the ruary 14, 1941 at 4:30 P. M., E. S. T., Notice is hereby given that a declara­ following purposes: request the Commission in writing that tion or application (or both), has been 1. To call, redeem and retire its a hearing be held on such matter, stat­ filed with this Commission pursuant to presently outstanding Fifteen ing the reasons for such request and the Public Utility Holding Company Act T e a r 3 y2 % Sinking Fund De­ the nature of his interest, or may request of 1935 by the above named party or bentures due August 1, 1953, parties; and in the principal amount of that he be notified if the Commission $20,000,000, at 105% of such should order a hearing thereon. At any Notice is further given that any inter­ principal amount______$21, 000,000 time thereafter such application, as filed ested person may, not later than Feb­ 2. To pay its outstanding bank or as amended, may be granted, as pro­ ruary 10, 1941, at 4:30 P. M., E. S. T., or loan notes dated August 22, 1:00 P. M., E. S. T., if such date be a 1938, in th e u n p a id p rin cip al vided in Rule U-8 of the Rules and amount of $6,200,000 w ith Regulations promulgated pursuant to Saturday, request the Commission in premium of % % on the prin­ Said Act. Any such request should be writing that a hearing be held on such cipal amount of $5,200,000— 6,226,000 addressed: Secretary, Securities aiTtt Ex­ matter, stating the reasons for such re­ T o t a l ______- ___ 27,226,000 change Commissioh, Washington, D. C. quest and the nature of his interest, or All interested persons are referred to may request that he be notified if the Said declaration having been filed on said application, which is on file in the Commission should order a hearing December 30, 1940, and certain amend­ thereon. At any time thereafter such ments having been filed thereto, the last office of said Commission, for a statement of the transactions therein proposed, declaration or application, as filed or as of said amendments having been filed on amended, may become effective or may January 28, 1941; notice of said filing which are summarized below: The transaction covers the issuance be granted, as provided in Rule U-8 of the having been duly given in the form and Rules and Regulations promulgated pur­ manner prescribed by Rule U-8 promul­ and private sale by the company of $325,- suant to said Act. Any such request gated pursuant to said Act; and the 000 principal amount of its First Mort­ should be addressed: Secretary, Securi­ Commission not having received a re­ gage Bonds, 3 V2 % Series due 1966 to The ties and Exchange Commission, Wash­ quest for hearing with respect to said Northwestern Mutual Ufe Insurance ington, D. C. declaration within the period specified in Company, Milwaukee, Wisconsin, at All interested persons are referred to said notice, or otherwise, and not having 100% of the principal amount thereof, said declaration or application, which is ordered a hearing thereon; and plus accrued interest to the date of deliv­ ery. The application states that the pur­ on file in the office of said Commission, The declarant having requested that for a statement of the transactions the Commission advance the date of per­ pose for which the company proposes to issue its bonds is to reimburse the treas­ therein proposed, which are summarized mitting the declaration as amended to below: become effective; and ury for expenditures made in connection with new construction. According to the Louisiana Ice & Electric Company, Inc., The Commission finding that the dec­ a subsidiary of Utilities Stock & Bond laration as amended satisfies the require­ application the net proceeds from the sale of the Bonds will be used by the com­ Corporation, a registered holding com­ ments of section 7 (c), and that no ad­ pany, proposes to issue and sell: verse findings are necessary under section pany for the payment of $240,000 to Law­ 7 (d) of said Act; yers Trust Company of New York repre­ A. $570,000 principal amount of First It is hereby ordered, Pursuant to said senting the unpaid balance of a presently Mortgage 3%% Bonds, Series A, due Rule U-8 and the applicable provisions outstanding Demand Note of the com­ January 1, 1961, and of said Act, subject to the terms and pany, dated November 1,1937; to pay the B. $190,000 principal amount of 2y2% conditions prescribed in Rule U-9, that open account indebtedness of the com­ Serial Notes (Unsecured) due serially at the aforesaid declaration become effective pany to Edison Light and Power Com­ the rate of $38,000 annually on April 1, forthwith. pany which, as of November 30, 1940, 1942 to 1946, inclusive. By the Commission, Commissioner amounted to $45,235.40 and the balance The Bonds are to be sold to the John Healy dissenting for the reasons set forth is to be used for the purpose of financing Hancock Mutual Life Insurance Com­ in his memorandum of April 1, 1940. the business of the company for con­ pany at 99% of the principal amount [ sea l! F r a n c k P. B rassor, struction and other general corporate thereof and the notes to the City Na­ Secretary. purposes. tional Bank and Trust Company of [F. R. Doc. 41-679; Filed, January 29, 1941; The company considers section 6 (b) Chicago at par. The proceeds will be 11:15 a. m.J of the Public Utility Holding Company used to refund present indebtedness ag­ Act of 1935 as being applicable to the gregating $477,000 and to defray in part the company’s construction program for [File No. 70-239] proposed transaction. By the Commission. the year 1941. I n t h e M atter o f G l e n R o c k E lec tr ic By the Commission. L ig h t and P o w e r C o m p a n y [ se a l] F ra n c is P. B rassor, [se a l] F r a n c k P. B rassor,. NOTICE REGARDING "FILING Secretary. Secretary. At a regular session of the Securities [F. R. Doc. 41-677; Filed, January 29, 1941; [F. R. Doc. 41-678; Filed, January 29, 1941; and Exchange Commission held at Its 11:15 a. m.] 11:15 a. m.]