Y VOLUME 9 NUMBER 81 W Anted ^

^ ^\unuw,T scripta 1 /S \P FEDERALREGISTER 1934 ¿ y VOLUME 9 NUMBER 81 W anted ^

Washington, Saturday, April 22, 1944

The President B CONTENTS War Food A Order No. THE PRESIDENT FDO 1______1 EXECUTIVE ORDER 9437 FDO 2______2 E x e c u tiv e O rder: Page FDO 3______3 Protection of essential facili­ R evocation o p E x ec u tive O rder N o . 9165, FDO 4______4 ties from sabotage and P ro vid ing for t h e P ro tec tio n o f Fl?0 5______------5 other destructive acts, re­ Esse n t ial F a c il it ie s fr o m S abotage FDO 6______6 vocation of Executive order. 4319 and O ther D estructive A cts * FDO 7______7 FDO 8...... ___ 8 REGULATIONS AND NOTICES By virtue of the authority vested in me FPO 9...... ______9 A l ie n P ro per ty C u s t o d ia n : by the Constitution and the statutes of FDO 10______------10 the United States as President and as FDO 11...... ______11 Proceeding for allowance of Commander in Chief of the Army and FPO 12______12 claims: Navy, it is hereby ordered as follows: FDO 13______13 American Diagrid Corp., et al_ 4365 Executive Order No. 9165 of May 19, FPO 14______14 American Rolling Mill Co., 1942,1 providing for the protection of FDO 15. ______15 et al------4365 FDO 16______16 essential facilities from sabotage and Bach, Niels B., et al______4365 FDO 17...... ______17 Ehrlich, Josef, and Wsevolode other destructive acts, is hereby revoked. FDO 18______18 This order shall not be deemed to FDO 19...... ______19 Grunberg______4364 terminate any facility security functions (20 unassigned.) Vesting orders: of the War Department nor to preclude FDO 21______...... 21 Archenhold, Moritz (2 docu­ any necessary cooperative arrangement FDO 2 2 ™ ___.... ______22 ments) ______4359 with respect to facility security between CCO 3...... ______23 Arnold, Mathilde______4360 CCO 4______the War Department and any agency ------24 Daiber, Christiane E_____4360 FDO 25______25 Delmar, Paul______4360 named in paragraph 3 of the said Execu­ CCO 5______26 tive Order No. 9165. CCO 6__;______27 Hartwein, Thomas______4361 Heimers, Peter. ______4361 F r a n k l in D R oosevelt CCO 7______28 T h e W h it e H o u se , FDO 29______29 Hejtmanek, Joseph P______4362 April 18, 1944. FDO 30______30 Jeschko, John______4362 FDO 31______31 Koll, Anna E______4362 [F. R. Doc. 44-5654; Filed, April 20, 1944; FDO 32______32 Miller, Mary______4363 2:00 p. m.] FDO 33______33 Miller, Paul.______4363 FDO 34______.. ______34 Oppenheimer, Frieda______4363 FDO 35...... ------35 Scheel, John______4364 FDO 36...... Regulations ______36 Teuter, Fritz R ______4364 FDO 37______37 Weychardt, Alm a.______4359 FDO 38. 38 C o m m o d it y C redit C o r po r a t io n : TITLE 7—AGRICULTURE FDO 39. 39 (40 unassigned.) Redesignation and renumbering Chapter X—War Food Administration FPO 10______41 of orders; cross reference_ 4321 (Production Orders) FDO 42...... 42 F ederal P o w e r C o m m is s io n : FDO 43______... 43 Hearings, etc.: R edesignation an d R e n u m b e r in g of FDO 44______44 El Paso Natural Gas Co_____ 4356 O rders FDO 45. 45 Montana-Dakota Utilities Co. 4357 1. The Food Production orders, the FPO 11. 46 I n t e r n a l R e v e n u e B u r e a u : Food Distribution orders, the Commodity FDO 47. 47 Excess-profits tax, application Credit orders, the Food directives, and FDO 48. 48 to certain production bonus the regulations listed in Column A below, FPO 13, 49 payments______'____ 4329 including all amendments thereto, shall FDO 50.____ 50 Income tax: hereafter be known as War Food orders FDO 51__.___ 51 and are hereby assigned the War'Food Food Dir. 2. 62 Aliens, nonresident, brought order numbers indicated in Column B FDO 53____ 53 into U. S. under authority below. FDO 54.____ 54 of War Manpower Com­ FDO 55_____ 55 mission______4328 17 F.R. 3765. (Continued on next page) (Continued on next page) 4319 4320 FEDERAL REGISTER, Saturday, A pril 22, 1944

CONTENTS—Continued CONTENTS—Continued ¿ ■ S X N a tio n a l W ar L abor B oard: PaBe S ec u r itie s and E xch ange C o m m is - Page Rules of procedure, miscellane­ s ig n : FED ER AL® REGISTER ous amendments (2 docu­ Foreign governments and poli­ \,.'93A ¿V ments) ______4332 tical subdivisions thereof, O f fic e o f D efe nse T ransportation : form amended______4321 Published daily, except Sundays, Mondays, Common carriers, coordinated Hearings, etc.: and days following legal holidays, by the operations between Mays- American Power and Light Division of the Federal Register, The National ville and Flemingsburg, Ky_ 4358 Co______— 4374 Archives, pursuant to the authority contained O ffic e of P rice A dministration : Louisiana Power and Light in the Federal Register Act, approved July 26, Adjustments: C o ______4373 1935 (49 Stat. 500, as amended; 44 U.S.C., Automatic Electrical Device Union Electric Co. of Mis­ ch. 8B), under regulations prescribed by the Co______1—______4372 souri______4374 Administrative Committee, approved by the W age a n d H our D i v i s io n : President. Distribution is made only by the Azzara, S. J., et al__------4366 Superintendent of Documents, Government Bradford, C. L., and Associ­ Cigar industry in continental Printing Office, Washington, D. C. ates------4371 U. S., employment of learn­ The regulatory material appearing herein is Micro-Lite Co., Inc ______4371 ers______4330 keyed to the Code of Federal Regulations, Porter Elkorn Goal Co., et al— 4369 Puerto Rico, acceptance of res­ which is published, under 50 titles, pursuant Ryan Bros., Inc., et al_— — 4368 ignation from and appoint­ to section 11 of the Federal Register Act, as Sexton and Blankenship Coal ment to special industry amended June 19, 1937. Co., et al______4366 committee______4356 The F ederal R egister will be furnished by mail to subscribers, free pf postage, for $1.50 Sorkin Music Co_.______4372 W ar F ood A dministration : per month or $15.00 per year, payable in ad­ Stiglitz Furnace and Foundry California agricultural labor, vance. Thé charge for individual copies Co,-______4368 salaries and wages; tree * (minimum 150) varies in proportion to the Anthracite, Virginia (RMPR picking orange workers in size of the issue. Remit check or money 122, Am. 8 to Rev. Order certain counties______4333 order, made payable to the Superintendent 4 7 )...... ——______4368 Milk, etc., general amendments- 4321 of Documents, directly to the Government Beef, etc., retail exiling prices Redesignation and renumber­ Printing Office, Washington, D. C. ing of orders______4321 There are no restrictions on the republica­ v (MPR 355, Am. 15)_____— 4356 W ar P b o d u c t io n B oard: tion of material appearing in the F ederal Brie, insulated, or stone siding R egister. products; sales between Aluminum distributors (M -l-j) _ 4334 manufacturers (MPR 188, Chemicals and allied products Am. 34 to Order A - l) ------4371 (M-300, Am. 3 )— ...... — 4347 NOTICE Fish, fresh, and seafood (MPR Controlled materials plan (CMP 418, Am. 29)______4350 Reg. 4, Am. 1)_____;______4335 The Cumulative Supplement to Food and drink sold for imme­ Footwear (M-217)______4342 the Code of Federal Regulations, diate consumption, Michi­ Hardware simplification (L-236, covering the period from June 2, gan (MPR 3-15)______4351 Schedule I ) ______4338 1938, through June 1, 1943, may be Food products, packed (MPR Logs, black walnut * (M-358, obtained from the Superintendent 306, Am. 28)______4349 Rev.) — ____ 4342 of Documents, Government Printing Food rations, temporary (Gen. Lumber, deliveries to mines and RO 9, Am. 5 )______4348 smelters * Office, at $3.00 per book. The follow­ Hardwood (M-364, Dir. 6 )— 4342 ing are now available : Foods, processed (Rev. RO 13, Am. 26)______4351 Southern yellow pine (M-361, Dir. 6 )______4342 Book 1 : Titles 1-3 (Presidential doc­ Hawaii; potatoes (MPR 373, Am. uments) with tables and index. 5 2 )______4351 Military vehicles, British; parts Book 2; Titles 4-9, with index. Pickles and certain pickled prod­ (L-158, Dir. 2 )______4346 Monochlorodifluoro m e thane Book 3; Titles 10-17, with index. ucts (MPR 488, Am. 3 )____ 4351 Pork cuts and certain sausage (M-28-a) —______4334 Paper mill machinery (L-83)_ 4337 products, retail ceiling prices Scheduled products (M-293)__ 4335 CONTENTS—Continued (MPR 336, Am. 13)______4356 Poultry (RMPR 269, Am. 28).__ 4356 Shellac (M-106, R ev.)______4334 I n t e r n a l R e v e n u e B u r eau —Con. Radio receiver and phonograph Sprocket chain, etc. (L-193-a) _ 4335 Income tax—Continued. PaBe parts (RPS 84, Am. 7 )_____ 4349 Bad debts and worthless se­ Regional and district office or­ curities, retroactivity of ders, lists of community B seven-year statute of ceiling price orders filed (3 War Food limitations______4321 documents______:___ 4372,4373 A Ord&r No. Corporate liquidations, recog­ Sewer pipe, vitrified clay, and Food Dir. 3...... 56 nition of gain and basis of allied products (RMPR 206, Food Dir. 4. _____ 57 property received------4322 Am. 2; Rev. SR 14, Am. 122> Food Dir. 5- ______58 Double payments in 1943, re­ (2 documents)______4349, 4355 Food Dir. 6...... 59 lief from______4329 Eastern area, maximum prices FDO 60______60 Gross income of less than (MPR 188, Am. 32 to Or­ Food Dir. 7. ______61 $3,000, alternative tax on der A - l ) ______4370 FDO 62-„__...... 62 individuals______4325 Sugar (Rev. RO 3, Am. 11)____ 4350 FDO 63______63 Railroad reorganizations, Tires: Food Dir. 8______64 nonrecognition of loss New, retail prides (RPS 63, FDO 65— ...... 65 - made retroactive______4322 Rev.) ______4348 FDO 66______66 I nterstate C o m m erce C o m m is s io n : FDO 67____ — 67 Refrigeration permits, etc.: Retreaded and recapped Food Dir. 9_, ___ 68 Grapefruit: (RPS 66, Rev.)______4348 Used (MPR 107, Rev.)______4348 FDO 69______69 Designated western States. 4357 ______70 Florida______4357 Typewriters (RO 4A, Am. 9 )___ 4350 FDO 70_____ Texas (2 documents)__ 4357,4358 Sale and rental (RMPR 162, F. D. Beg. 1. _____ 71 Potatoes, Kansas City______4358 Am. 2) ______4350 FDO 72------...... 72 FEDERAL REGISTER, Saturday, A p ril 22, 1944 4321

B quota periods of May and June 1944, re­ to any proceeding under section 8 (d) of War Food spectively, wherever the term “ 75 per­ the act or to an order entered thereunder, A Order Bo. cent” appears in each of the following the registrant may substitute for the infor­ F. D. Reg. 2...... 73 mation required by Items 1 to 1^ inclusive orders, substitute, for said term, the term ( 1) a copy of the registrant’s prospectus filed P. D. Reg. 3------i.r 74 “ 100 percent” : with the registration statement under the FDO 75______75 The following orders issued by the Di­ Securities Act of 1933 and (2) a description PDO 76______* ------\76 rector of Pood Distribution in accordance of the securities being registered as required FDO 77______77 with the provisions of Pood Distribution by Item 3 herein unless such description is Procedural Reg. 1— ------78 Order No. 79 (8 F.R. 12426) dated Sep­ contained in such prospectus. I f this pro­ cedure is followed, the prospectus and the FDO 79------79 tember 7, 1943, as amended, and said FDO 8 0 - — ——— ------80 description shall be physically substituted orders issued by the Director are desig­ for the items of this form and the answers FDO 81------81 nated as Nos. 79.1 to 79.33, inclusive; thereto, and the text of the items shall be FDO 82______82 79.35; 79.38 to 79.101, inclusive; 79.103 to omitted from the application. FDO 83— ____!______83 79.114, inclusive; 79.116 to 79.139, inclu­ Effective April 20, 1944. War Food Reg. 1------84 sive; 79.141, 79.142, and 79.144. FDO 85------— — — 85 By the Commission. FDO 86______!______— ------86 This order shall become effective at [ se al] O rval L. D u B o is , FDO 87______v87 12:01 a. m., e. w. t., May 1, 1944. ^ Secretary. FDO 88______,_L_»______s______88 (E.O. 9280, 7 F.R. 10179; E.O. 9322, 8 [F. R. Doc; 44-5675; Filed, April 21, 1944; FDO 89___ ------_------89 P.R. 3807; E.O. 9334, 8 F.R. 5423; E.O. 10:06 a. m.j FDO 90____!______90 9392, 8 P.R. 14783; FDO 79, 8 F.R. 12426, (91 unassigned.) 13283) FDO 92______.*______92 Issued this 20th day of April 1944. FDO 93-...... ______'______93 TITLE 26—INTERNAL REVENUE FDO 94...... — ______94 C. W. K it c h e n , FDO 95______95 Acting Director of Distribution. Chapter I—Bureau of Internal Revenue FDO 96-— '-____ —- ...... — — — 96 [F. R. Doc. 44-5662; Filed, April 20, 1944; Subchapter A—Income and Excess Profits Taxes 3:24 p. m.] 2. All orders issued by the Director of [T. D. 5359] Distribution shall hereafter be known as War Pood orders. The numbers pre­ P art 9—I n c o m e T ax U nder t h e R e v e n u e viously assigned to such orders shall R edesignation and R e n u m b e r in g of A ct of 1938 O rders remain unchanged. P art 19— I n c o m e T ax U nder t h e I n t e r n a l 3. The directives issued by the Director C ross R e f e r e n c e : For the text of the R e v e n u e C ode of the Office of Materials and Facilities order redesignating and renumbering listed in Column A below shall hereafter Food Distribution orders, see Chapter X BAD DEBTS AND WORTHLESS SECURITIES bë known as War Pood orders, and are of this title, supra. In order to conform Regulations 103 hereby assigned the numbers indicated [Part 19, Title 26, Code of Federal Reg­ in Column B below. ulations, 1940 Supp.] and Regulations B Chapter X II—War Food Administration 101 [Part 9, Title 26, Code of Federal War Food (Commodity Credit Orders) Regulations, 1939 Supp.] to the pro­ A Order No. visions of section 504 of the Revenue Act Directive 4 (FPO 5 )______1__5.4 R edesignation and R e n u m b e r in g of Directive 5 (FPO 5 )______5.5 of 1943 (Public Law 235, 78th Congress), O rders enacted February 25, 1944, such regula­ 4. The orders issued by the Director C ross R e f e r e n c e : For the text of the tions are amended as follows: of Production listed in Column A below Girder redesignating and renumbering P aragraph 1. There is inserted imme­ shall hereafter be known as War Pood certain orders of the Commodity Credit diately preceding § 19.322-1 the fol­ orders, and are hereby assigned the num­ Corporation, see Chapter X of this title, lowing: bers indicated in Column B below. supra. Sec. 504. R etroactivity of se v e n - year B STATUTE OF LIMITATIONS RELATING TO BAD DEBTS. War Food (Revenue Act of 1943.) Section 169 (c) of the Revenue Act of 1942 A Order No. TITLE 17—COMMODITY AND Dir. Order 1 (FPO 9 )______— 9.1 (relating to the retroactive effect of section SECURITIES EXCHANGES 322 (b).j(5) of the Internal Revenue Code) is Dir. Order 3 (FPO 9 )^ ______9.3 amended by striking out “after December Dir. Order 4 (FPO 9 )— ______1______9.4 Chapter II—Securities and Exchange 31, 1938” and inserting in lieu thereof “after Dir. Order 5 (FPO 9 )______9. 5 Commission December 31, 1937.” Dir. Order 6 (FPO 9 )______9. 6 [Form 18, Amdt.] Dir. Order 7 (FPO 9 )______9. 7 P ar. 2. There is inserted immediately P art 249—F orm s, S e c u r it ie s E xch ange Dir. Order 8 (FPO 9 )______1______9. 8 preceding § 9.322-1 the following: A ct of 1934 Sec. 169. Statute of limitations o n re­ Issued this 20th day of April 1944. f o r e ig n governments a n d p o l it ic a l s u b ­ f u n d s a n d credits. (Revenue Act of 1942.) A s h l e y S eller s, d i v i s i o n s THEREOF (a) Limit on amount of credit or refund. Assistant War Food Administrator. The Securities and Exchange Commis­ Section 322 (b ) (2) [of the Internal Revenue Code] is amended to read as follows: [F. R. Doc. 44-5690; Filed, April 21, 1944; sion, acting pursuant to authority con­ 11:22 a. m.] * * * ~ * * ferred upon it by the Securities Exchange (5) Special period of limitation with Act of 1934, particularly sections 12 and respect to bad debts and worthless se­ 23 (a) thereof, and deeming such action Chapter XI—War Food Administration curities.— If the claim for credit or refund necessary and appropriate in the public relates to an overpayment on account of (Distribution Orders) interest and for the protection of inves­ (A ) the deductibility by the taxpayer, [FT'0 79-1 to 79-33, inc.; 79-35; 79-38 to 79- tors, and necessary for the execution of under section 23 (k) (1), section 23 (k) (4), 101, inc.; 79-103 to 79-114, inc.; 79-116 to the functions vested in it by the said act, or section 204 (c ), of a debt as a debt which 79-139, inc.; 79-141, 79-142, and 79-144, hereby amends Form 18 by adding to became worthless, or, under section 23 (g) Amdt.] the instructionâstjiereof the following: (2) or (k) (2), of a loss from worthlessness of a security, or P art 1401—D a ir y P roducts 7. Privilege of filing prospectus. If the (B ) the effect that the deductibility of registrant has filed a registration statement GENERAL AMENDMENT TO CERTAIN DIRECTOR’ S a debt or loss described in subparagraph (A ) under the Securities Act of 1933 which has has on the application to the taxpayer of a ORDERS ALLOCATING M IL K , M IL K BYPROD­ become effective within the current fiscal carry-over or of a carry-back, UCTS, AND CREAM PURSUANT TO FOOD DIS­ year of the registrant or becomes effective TRIBUTION ORDER NO. 79, AS AMENDED within the current fiscal year of the regis­ In lieu of the three-year period of limitation trant on or prior to the effective date of prescribed in paragraph (1), the period shall In the determination of quotas for the registration of the securities covered by be 7 years from the date prescribed by law milk, milk byproducts, and cream for the the application herein and is not subject f,or filing the return for the year with respect 4322 FEDERAL REGISTER, Saturday, April 22, 1944 to which the claim is made. In the case of graph, credit or refund may nevertheless (a ) Amendment of section 112 (b ) (9). such a claim, the amount of the credit or be allowed or made if claim therefor is Section 112 (b) (9) (relating to nonrecogni­ refund may exceed the portion of the tax tion of loss on certain railroad reorganiza­ filed or if such credit or refund is tions) is amended by striking out “1939” and paid within the period provided in para­ allowed or made within the two-year graph (2) or paragraph (3), whichever is Inserting in lieu thereof “1938”. applicable, to the extent of the amount of period prescribed in paragraph (a) of * * * * * this section, subject to the provisions of the overpayment attributable to the de­ Par. 2. There is inserted immediately ductibility of items described in this para­ (a) which limit the amount of credit or preceding § 29.113 (a) (20)-1 the fol­ graph. refund in the case of a claim filed within lowing: ♦ # ♦ ♦ ♦ such period or, if no claim is filed, in the (c) Effective date of amendment. The case of credit or refund allowed or made S ec. 126. N onrecognition o f . loss of cer­ amendment inserting paragraph (5) of sec­ within such period. The seven-year t a in RAILROAD REORGANIZATIONS MADE RETROAC­ tion 322 (b) shall be applicable to taxable TIVE to 1939. (Revenue Act of 1943, Title I.) statute of limitations does not apply to * * * * * years beginning after December 31, 1938. an overpayment due to the deductibility (b ) Amendment to section 113 (a) (20). Sec. 504. R etroactivity of se v e n - year stat­ of a debt that became partially worth­ u t e of limitations relating to bad debts. Section 113 (a) (20) (relating to basis of (Revenue Act of 1943.) less during the taxable year, but only to property acquired by railroad corporations in Section 169 (c) of the Revenue Act of 1942 an overpayment due to the deductibility certain railroad reorganizations) is amended (relating to the retroactive effect of section of a debt which became entirely worth­ by striking out “1939” and inserting in lieu 322 (b) (5) of the Internal Revenue Code) less during such year. The provisions of thereof “1938”. is amended by striking out “after December this paragraph with regard to an over­ * * * * ♦ 31, 1938” and inserting in lieu thereof "after payment caused by the deductibility of P ar. 3. There is inserted immediately December 31, 1937”. a bad debt under section 23 (k) (1), or preceding § 19.112 (b) (9) —1, added by P ar. 3. Section 9.322-7 is amended as section 204 (c) or of a loss from the Treasury Decision 5230, approved Febru­ follows: worthlessness of a security under sec­ ary 13, 1943, the following: (A) By amending the last sentence of tion 23 (g) (2) or (k) (2) are likewise Sec. 126. N onrecognition o f loss o n cer­ paragraph (a) thereof to read as follows: applicable to an overpayment caused by t a in RAILROAD REORGANIZATIONS MADE RETRO­ the effect that the deductibility of such to The provisions of this paragraph are ACTIVE 1939. (Revenue Act of 1943, a bad debt or loss has on the application Title I.) subject to the exceptions provided in par­ to the taxpayer of a carry-over. For the (a) Amendment of section 112 (b ) (9 ). agraphs (b) and (c) of this section. limitation on the allowance of interest Section 112 (b) (9) (relating to nonrecogni­ (B) By inserting at the end thereof the for an overpayment where credit or re­ tion of loss on certain railroad reorganiza­ tions) is amended by striking out “1939” and following new paragraph: fund is subject to the provisions of sec­ inserting in lieu thereof “1938”. tion 322 (b) (5), see section 3771 (d) of (c) If the claim for credit or refund re­ * * * * * lates to an overpayment on account of: the Internal Revenue Code, as added by (c) Amendment of section 142 (d) of the (1) The deductibility by the taxpayer, section 124 (c) of the Revenue Act of Revenue Act of 1942. Section 142 (d) of the under section 23 (k) (1), or section 204 1942, and made applicable by section 504 Revenue Act of 1942 (prescribing the taxable of the Revenue Act of 1943. years to which such section is applicable) is (c), of a debt as a debt which became amended by striking out “1939” and inserting worthless, or, under section 23 (g) (2) or (Sec. 504 of the Revenue Act of 1943 (Pub. in lieu thereof “1938”. (k) (2), of a loss from the worthlessness Law 235, 78th Cong.), section 169 of the of a security, or Revenue Act of 1942 (56 stat. 876), and P ar. 4» There is inserted immediately (2) The effect that the deductibility of sections 62 and 322 of the Revenue Act preceding § 19.113 (a) (20)-l, added by a debt or loss described in subparagraph of 1938 and of the Internal Revenue Code Treasury Decision 5230, the following: ( l ) has on the application to the tax­ (52 Stat. 480, 544; 53 Stat. 32, 91; 26 Sec. 126. N onrecognition of loss o n cer­ payer of a carry-over, then in lieu of U.S.C. 62,,322)) t a in RAILROAD REORGANIZATIONS MADE RETROAC­ TIVE to 1 9 3 9 . (Revenue Act of 1943, Title I.) the three-year period from the date the [ se al] J o se ph D. N u n a n , Jr., * * * * * return was filed in which the claim may Commissioner of Internal Revenue. be filed or credit or refund allowed or (b ) Amendment to section 113 (a) (20). made, as prescribed in paragraph (a) of Approved: April 19,1944. Section 113 (a) (20) (relating to basis of this section, the period shall be seven J o h n L. S u l l iv a n , property acquired by railroad corporations in years from the date prescribed by law Assistant Secretary of the certain railroad reorganizations) is amended Treasury. by striking out “1939” and inserting in lieu for filing the return (determined with­ thereof “1938”. ' out regard to any extension of time for [P. R. Doc. 44-5669; Piled, April 20, 1944; (c) Amendment of section 142 (d) of the filing such return) for the taxable year 4:07 p. m.] Revenue Act of 1942.— Section 142 (d ) of the for which the claim is made or the credit Revenue Act of 1942 (prescribing the taxable or refund allowed or made. In the case years to which such section is applicable) is of such a claim, the amount of the credit amended by striking out “1939” and insert­ or refund may exceed the portion of the [T. D. 5355] ing in lieu thereof “1938”. tax paid within the period provided in P art 19—I n c o m e T ax U nder th e I n ter n al (Sec. 126 of the Revenue Act of 1943 paragraph (a) of this section to the ex­ R e v e n u e C ode (Public Law 235, 78th Cong.) and sec. tent of the amount of the overpayment 62 of the Internal Revenue Code (53 attributable to the deductibility of items P art 29—I n c o m e T a x ; T axable Y ears Stat. 32, 26 U.S.C., 1940 ed., 62) ) B e g in n in g A fter D ecember 31,194^ described in this paragraph. Such a [ se al] Jo s e ph D. N u n a n , Jr., credit or refund cannot exceed the sum RAILROAD ORGANIZATIONS Commissioner of Internal Revenue. of the following: (i) The portion, if any, of the tax paid In order to conform Regulations 111 Approved April 19, 1944. within the period provided in paragraph [Part 29, Title 26, Code of Federal Reg­ J o h n L. S u l l iv a n , (a) of this section, and ulations, Cum. Supp.] and Regulations Acting Secretary of the Treasury. 103 [Part 19, Title 26, Code of Federal (ii) The amount of overpayment due [F. R. Doc. 44-5664; Filed, April 20, 1944; Regulations, 1940 Supp.] to section 126 4:07 p. m.] to the deductibility of items described in of the Revenue Act of 1943 (Public Law this paragraph. 235, 78th Congress), enacted February The portion of an overpayment due to 25, 1944, such regulations are amended [T. D. 5356] items described above in this paragraph as follows: P art 29—I n c o m e T a x ; T axable Y ears shall be determined by treating the P aragraph 1. There is inserted imme- > B e g in n in g A fter D ecember 31,1941 proper deduction of such items as the diately preceding § 29.112 (b) (9 )- l the * first adjustment to be made in computing following: RECOGNITION OF GAIN AND BASIS OF PROPERTY such overpayment. Although claim for RECEIVED IN CERTAIN CORPORATE LIQUIDA­ S ec. 126. N onrecognition o f loss o n cer- I TIONS credit or refund is not filed and credit or TAIN RAILROAD REORGANIZATIONS MADE RETRO- I refund is not allowed or made within the active to 1939. (Revenue Act of 1943, Title j Amending Regulations 111 to conform seven-year period described in this para­ to section 120 of the Revenue Act of 1943, FEDERAL REGISTER, Saturday, April 22, 1944 4323 relating to recognition of gain and basis liquidation are owners of stock possessing at appreciation in the value of certain of property received in certain corporate least 80 per centum of the total combined corporate assets unrealized by the corpo­ liquidations. voting power (exclusive of voting power pos­ ration at the time such assets are dis­ sessed by stock owned by an excluded corpo­ tributed in complete liquidation. Only In order to conform Regulations 111 ration and by shareholders who are not [26 CFR, Cum. Supp., Part 29] to section corporations) of all classes of stock entitled qualified electing shareholders are en­ 120 of the Revenue Act of 1943 (Public to vote on the adoption of such plan of titled to the benefits of section 112 (b) Law 235, 78th Congress) enacted Feb­ liquidation. (7). The determination of who is a ruary 25, 1944, such regulations are (D ) Making and filing of elections. The qualified electing shareholder is to be amended as follows: written elections referred to in subpara­ made under section 112 (b) (7) (C) and graph (C ) must be made and filed in such P aragraph 1. Section 29.27 (g )- l (a) is % 29.112 (b) (7)-2. For the basis of manner as to be not in contravention of property received on such liquidations, amended by inserting immediately before regulations prescribed by the Commissioner the period at the end of subparagraph with the approval of the Secretary. The fil­ see section 113 (a) (18). (2) the following: ing must be within thirty days after the (b) Type of liquidation. The liquida­ tion must be in pursuance of a plan of or the gain is taxed as provided in section adoption of the plan of liquidation, and may be by the liquidating corporation or by the liquidation adopted after February 25, 112 (b) (7) shareholder. 1944. Such plan may be adopted at any P ar. 2. Section 29.112 (a )- l is amended (E) Noncorporate shareholders. In the time after February 25, 1944, and before by inserting immediately after “ 112 (b) case of a qualified electing shareholder other the first distribution under the liquida­ than a corporation— tion occurs. The Code also requires that (6 )”, appearing in the first sentence of (i) There shall be recognized, and taxed the sixth paragraph, “ and (7).” as a dividend, so much of the gain as is not the transfer of all the property, both P ar. 3. There is inserted immediately in excess of his ratable share of the earnings tangible and intangible, of the corpora­ after § 29.112 (b) (6)—5 the following: and profits of the corporation accumulated tion under the liquidation occur entirely after February 28, 1913, such earnings and within some one calendar month in 1944, Sec. 120. Ele c tio n as to recognition op g a in profits to be determined as of the close of i n certain corporate liquidations . (Revenue but this requirement will be considered the month in which the transfer in liquida­ Act of 1943.) to have been complied with if cash is set tion occurred under subparagraph (A) (ii), (a) In general. Section 112 (b ) (relating aside under arrangements for the pay­ but without diminution by reason of dis­ to certain exchanges of property) is amended ment, after the close of such month, of tributions made during such month; but by by inserting after paragraph (6) the follow­ including in the computation thereof all unascertained or contingent liabilities ing: amounts accrued up to the date on which the and expenses, and such arrangements (7) Election as to recognition of gain in transfer of all the property under the liquida­ are made in good faith and the amount certain corporate liquidations. tion is completed; and set aside is reasonable. Though it is (A) General rule. In the case of property (ii) There shall be recognized, and taxed not necessary that the corporation dis­ distributed in complete liquidation of a do­ as short-term or long-term capital gain, as solve in the month of liquidation, it is mestic corporation, if— the case may be, so much of the remainder essential that a status of liquidation exist (i) the liquidation is made in pursuance of the gain as is not in excess of the amount of a plan of liquidation adopted after the by which the value of that portion of the at the time the first distribution is made date of the enactment of the Revenue Act assets received by him which consists of under the plan and that such status con­ of 1943, whether the taxable year of the cor­ money, or of stock or securities acquired by tinue to the date of dissolution of the poration began on, before, or after January 1, the corporation after December 10, 1943, ex­ corporation. A status of liquidation 1944; and ceeds his ratable share of such earnings and exists when the corporation ceases to be (ii) the distribution is in complete can­ profits. a going concern and its activities are celation or redemption of all the stock, and (F ) Corporate shareholders: In the case merely for the purpose of winding up its the transfer of all the property under the of a qualified electing shareholder which is affairs, paying its debts, and distributing liquidation occurs within some one calendar a corporation the gain shall be recognized month in 1944— then in the casé of each only to the extent of the greater of the two any remaining balance to its share­ qualified electing shareholder (as defined in following— holders. subparagraph (C ) ) gain upon the shares (i) The portion of the assets received by If a transaction constitutes a distribu­ owned by him at the time of the adoption it which consists of money, or of stock or tion in complete liquidation within the of the plan of liquidation shall be recognized securities acquired by the liquidating corpo­ meaning of the Code and satisfies the re­ only to the extent provided in subparagraphs ration after December 10, 1943; or quirements of section 112 (b) (7), it is (E) and (F). (ii) Its ratable share of the earnings and immaterial that it is otherwise described profits of the liquidating corporation ac­ (B ) Excluded corporation. The term “ex­ under the local law. cluded corporation” means a corporation cumulated after February 28, 1913, such earn­ which at any time between December 10, ings and profits to be determined as of the § 29.112 (b) (7)—2 Qualified electing 1943, and the date of the adoption of the close of the month in which the transfer in shareholder. No corporate shareholder plan of liquidation, both dates inclusive, liquidation occurred under subparagraph (A) may be a qualified electing shareholder (ii), but without diminution by reason of was the owner of stock possessing 50 per if at any time between December 10,1943, centum or more of the total combined vot­ distributions made during such month; but ing power of all classes of stock entitled to by including in the computation thereof all and the date of the adoption of the plan vote on the adoption of such plan. amounts accrued up to the date on which of liquidation, both dates inclusive, it is (C) Qualified electing shareholders. The the transfer of all the property under the the owner of stock of the liquidating cor­ term ‘^qualified electing shareholder” means liquidation is completed. poration possessing 50 percent or more a shareholder (other than an excluded corpo­ * * * 4c * of the total combined voting power of all ration) of any class of stock (whether Or not (c) Effective date. The amendments made classes of stock entitled to vote upon the entitled ^to vote on the adoption of the plan by subsections (a ) and (b ) shall be applica­ adoption of the plan of liquidation. All of liquidation) who is a shareholder at the ble with respect to taxable years ending after other shareholders are divided into two time of the adoption of such plan, and whose December 31, 1943; written election to have the benefits of sub- groups for the purpose of determining paragraph (A ) has been made and filed in § 29.112 (b) (7) —1 Corporate liquida^ whether they are qualified electing share­ accordance with subparagraph (D ), but— tions in calendar month in 1944— (a) holders: (a) shareholders other than (i) in the case of a shareholder other than General. Section 112 (b) (7) provides a corporations, and (b) corporate share­ a corporation, only if written elections have special rule, in the case of certain holders. Any shareholder of either of been so filed by shareholders (other than such two groups, whether or not the stock corporations) who at the time of the adop­ specifically described complete liquida­ tion of the plan of liquidation are owners of tions of domestic corporations occurring he owns is entitled to vote on the adop­ stock possessing at least 80 per centum of the within some one calendar month in 1944, tion of the plan of liquidation, is a quali­ total combined voting power (exclusive of for the treatment of gain on the shares fied electing shareholder if: voting power possessed by stock owned by cor­ of stock owned by qualified electing (1) His written election to be governed by the provisions of section 112 (b) (7), porations) of all classes of stock entitled to shareholders at the time of the adoption which cannot be withdrawn or revoked, vote on the adoption of such plan of liquida­ of the plan of liquidation. The effect of tion; or has been made and filed as prescribed (ii) in the case of a shareholder which is such section is in general to postpone the in § 29.112 (b) (7)-3; and a corporation, only if written elections have recognition of that portion of a qualified (2) Like elections have been made and been so filed by corporate shareholders (other electing shareholder’s gain on the filed by owners of stock possessing at than an excluded corp,oration) which at the liquidation which would otherwise be least 80 percent of the total combined time of the adoption of such plan of recognized and which is attributable to voting power of all classes of stock owned 4324 FEDERAL REGISTER, Saturday, A pril 22, 1944 by shareholders of the same group at in section 115 (c ), and gain from the bloc prior to the date of the adoption of a the time of, and entitled to vote upon, receipt of such amounts is determined plan of liquidation conforming to the re­ as provided in section 111. Gain or quirements of section 112 (b ) (7 ). One of the adoption of the plan of liquidation, such shareholders is an individual and two whether or not the shareholders making loss must be computed separately on are corporations and all are qualified electing such elections actually realize gain upon each share of stock owned by a qualified shareholders. The X Corporation has earn­ the cancellation of redemption of such electing shareholder at the time of the ings and profits accumulated after February stock upon the liquidation. adoption of the plan of liquidation. The 28, 1913 (computed as provided in section limited recognition and special treatment 112 (b ) (7 )), of $60, its assets consisting of Example. The R Corporation has out­ property (other than stock or securities standing 20 shares of common stock on July accorded by section 112 (b) (7) applies only to the gain on such shares of stock acquired after December 10,1943, and money) 1, 1944, at the time of the adoption of a with a fair market value of $240, cash of plan of liquidation within the provisions of upon which gain was realized and not $75, and stock and securities acquired after section 112 (b) (7), each entitled to one to net gain computed by setting off December 10, 1943, with a fair market value vote upon the adoption of such plan of losses realized on some shares against of $90, all of which assets are distributed in liquidation. At that time ten of such shares gain on others. October 1944 to the shareholders pro rata in are owned by the S Corporation, two each (b) Recognition of gain. Pursuant to complete liquidation of the corporation, as by the X Corporation and the Y Corporation, provided in section 112 (b ) (7). Each share­ one by the Z Corporation, and one each by section 112 (b) (7) only so much of the gain on each share of stock owned by holder, therefore, receives, in cash and prop­ A, B, C, D, and E, individuals. There are erty, $135 and his gain is $85. also outstanding at such time two shares a qualified electing shareholder at the In the case of each shareholder $55 of this of preferred stock, not entitled to vote on time of the adoption of the plan of gain is recognized, since such amount repre­ liquidation, one share being owned by P, an liquidation is recognized as does not ex­ sents the sum of the cash received by him individual, and one share by the P Corpora­ ceed the greater of the following: and the fair market value of the stock and tion. The S Corporation, being a corporate (1) Such share’s ratable share of the securities received by him which were ac­ shareholder and the owner of SO percent of earnings and profits of the corporation quired by the X Corporation after Decem­ the voting stock, may not be a qualified elect­ ber 10, 1943, and is greater than his ratable ing shareholder under any circumstances. accumulated after February 28, 1913, computed as of the last day of the share of the earnings and profits ($20). In In order for any other corporate shareholder the case of the corporate shareholders this to be a qualified electing shareholder, it is month of liquidation, without diminu­ amount is treated as capital gain. In the necessary that the X Corporation and the tion by reason of distributions made dur­ case of the individual shareholder, however, Y Corporation file their written elections to ing such month, and including in such $20, being the amount of the shareholder’s be governed by section 112 (b ) (7 ). If this computation all items of income and ex­ ratable share of the earnings and profits, is done, the P Corporation will also be a pense accrued up to the date on which is taxable to him as a dividend, and $35, qualified electing shareholder if it has filed being the difference between the share­ a like election. Similarly, in the case of the the transfer of all the property under holder’s ratable share of the earnings and individual shareholders, some combination of the liquidation is completed; or profits and the sum of the cash and stock four of the individual holders of the common (2) Such share’s ratable share of the and securities received by him, is recognized stock must have filed their written elections, sum of the amount of money received by and treated as a short-term or long-term before any individual shareholder may be such shareholder on shares of the same capital gain, as the case may be. The re­ considered a qualified electing shareholder, class and the fair market value of all mainder of each shareholder’s gain, $30, is but if this is done, P will also be a qualified the stock or securities so received which not recognized. If the basis of each share­ electing shareholder if he has filed a like holder’s stock had been $100, instead of election. were acquired by the liquidating corpo­ $50, the corporate shareholders would be An election to be governed by the pro­ ration after December 10, 1943. The taxed on only $35 as capital gain and the visions of section 112 (b ) (7) relates to the mere replacement after December 10, Individual shareholder on $20 as a dividend treatment of gain realized upon the can­ 1943, of lost or destroyed certificates or but only on $15 as a capital gain, since the cellation or redemption of stock upon liqui­ instruments acquired on or before De­ dation and can therefore be made only by total amount taxed is limited by the amount cember 10, 1943, or the mere conversion of gain realized by the shareholder upon or on behalf of the person by whom gains, of certificates or instruments into cer­ the cancellation or redemption of his stock. if any, will be realized. Thus, the share­ tificates or instruments of larger or holder who m ay make such election must smaller denominations will not constitute § 29.112 (b) (7)-5 Records to be kept be the actual owner of stock and not a and information to be filed with return. mere record holder, such as a nominee. an acquisition within the meaning of the A shareholder is entitled to make an elec­ phrase “ acquired after December 10, Permanent records in substantial form tion relative to the gain only on stock owned 1943.” Nor will such an acquisition re­ shall be kept by every qualified electing by him at the time of the adoption of the sult from the issuance after December 10, shareholder receiving distributions in plan of liquidation. The election is per­ 1943, of certificates of stock in connection complete liquidation of a domestic cor­ sonal to the shareholder making it and does with a subscription made and accepted poration. Such shareholder shall file not follow such stock into the hands of the oh or before December 10,1943. with his income tax return for his taxable transferee. (c) Treatmènt of recognized gain. In year in which the liquidation occurs a § 29.112 (b) (7)-3 Making and filing the case of a qualified electing share­ statement of all facts pertinent to the of written elections. An election to be holder other than a corporation that part recognition and treatment of the gain governed by section 112 (b) (7) shall be of the recognized gain on a share of stock realized by him upon the shares of stock made on Form 964 (revised) in accord­ owned at the time of the adoption of the owned by him at the time of the adop­ ance with the instructions printed there­ plan of liquidation which is not in excess tion of the plan of liquidation, including: on and with these regulations. The orig­ of his ratable share of the earnings and (a) A statement of his stock owner­ inal and one copy shall be filed by the profits of the liquidating corporation ship-in the liquidating corporation as of shareholder or by the liquidating corpo­ accumulated after February 28,1913, de­ the date of the distribution, showing the ration with the Commissioner of In ­ termined as provided in section 112 (b) number of shares of each class owned ternal Revenue, Washington 25, D. C., (7) (E) (i) is treated and taxed to him on such date and the cost or other basis attention of the Income Tax Unit, Rec­ as a dividend. It retains its character of each such share; ords Division, within 30 days after the as a dividend for all tax purposes. The (b) A list of all the property including adoption of the plan of liquidation. A remainder of the gain which is recog­ money received upon the distribution, copy shall also be attached to and made nized is treated and taxed to him as a showing the fair market value of each a part of the shareholder’s income tax short-term or long-term capital gain, as item of such property other than money return for his taxable year in which the the case may be. In the case of a quali­ on the date distributed and stating what transfer of all the property under the fied electing shareholder which is a items, if any, consist of stock or securi­ liquidation occurs. corporation, the entire amount of the ties acquired by the liquidating corpora­ gain which is recognized is treated and § 29.112 (b> (7) —4 Treatment of gain— tion after December 10, 1943; taxed as a short-term or long-term (c) A statement of his ratable share of (a) Computation of gain. As in the capital gain, as the case may be. case of shareholders generally, for the the earnings and profits of the liquidating purpose of computing gain, amounts re­ :Example. The X Corporation has only one corporation accumulated after February class of stock outstanding, owned in equal ceived by qualified electing sharehold­ amounts by three shareholders. The basis 28, 1913, computed without diminution ers are treated as in full payment in of the stock owned by each shareholder is by reason of distributions made during exchange for their stock, as provided $30, each having bought his stock in a single the month of liquidation; and FEDERAL REGISTER, Saturday, April 22, 1944 4325

by him at the .time of the adoption of the (d) A copy of such shareholder’s P ar. 8. Section 29.148-3 is amended by written election to be governed by the plan of liquidation, $1,000 in cash, property adding at the end thereof the following provisions of section 112 (b) (7). (See (other than stock or securities acquired by sentence: § 29.112 (b) (7)-3.) the corporation after December 10, 1943) with a fair market value of $12,000, and I f the distribution is in complete For information to be filed by the liqui­ stock acquired* by the. liquidating corpora­ dating corporation, see section 148 (e). liquidation of a domestic corporation tion after December 10, 1943, with a fair pursuant to a plan of liquidation adopted P ar. 4. Thews is inserted immediately market value of $4,000.. The basis of the preceding § 29.113 (a ) (18)-1 the follow­ shares owned, by A was $100-per share, or after February 25, 1944, in accordance ing: $10,000, A’s ratable share of the earnings • with which all the capital stock of the and profits of the X Corporation accumulated corporation is canceled or redeemed and Sec. 120. Ele c t io n as to recognition op g a in after February 28, 1913 (computed as pro­ the transfer of all the property under the i n certain corporate liquidations . (Revenue vided in section 112 (b) (7) of the Code) liquidation occurs within some one cal­ Act of 1943.) was $2,500. His gain is $7,000, but under * * # * * endar month in the calendar year 1944, section 112 (b ) (7) qf the Code only $5,000 and any shareholder claims the benefit (b) Basis. Section 113 (a^ (18) (relating of this gain is recognized, $2,500 thereof being to basis of property received in certain cor­ taxed as a dividend. The basis of a ll. the of section 112 (b) (7), the return on porate liquidations) is amended by inserting property other than money received by A is Form 1096 shall show (1) the amount of after "paragraph (7) of section 112 ( b ) ” the $14,000, computed as follows: earnings and profits of the corporation following: "of this Chapter or”, and by strik­ accumulated after February 28,1913, de­ Adjusted basis of stock canceled or ing out the comma preceding “of the Revenue redeemed______'____ $10,000 termined as of the close of such calendar Act of 1938”. Less money received______1,000 month, without diminution by reason of (c) Effective date. The amendments made distributions made during such calendar by subsections (a) and (b ) shall be applica­ Rem ainder______9 ,000 month, but including in such computa­ ble with respect to taxable years ending Plus gain recognized______1______5, 000 after December 31, 1943. tion all items of income and expense ac­ crued up to the date on which the trans­ Par. 5. Paragraph (a) of § 29.113 (a) Basis of property acquired______14,000 fer of all the property under the liquida­ (18)-1 is amended to read as follows: This basis will be apportioned among tion is completed, (2) the ratable share (a ) Property included. Section 113 the classes of property (other than of such earnings and profits of each (a ) (18) applies only to property, other money) received as follows: 12,000/16,000 share of stock canceled or redeemed in than money, acquired: of $14,000, or $10,500, to the property the liquidation, and (3) the date and (1) By a qualified electing share­ other than stock; 4,000/16,000 of $14,000, circumstances of the acquisition by the holder; or $3,500, to the stock. corporation of any stock or securities (2) Upon a distribution in complete distributed to shareholders in the liqui­ liquidation of a domestic corporation P ar. 7. Section 29,148-2 (b) is amended dation. (i) . Pursuant to a plan of liquidationby renumbering subparagraph (2) as sub- adopted after May 28, 1938, in accord­ paragraph (3) and by inserting immedi­ (Sec. 120 of the Revenue Act of 1943 (Pub. ance with which the distribution is in ately after subparagraph (1) the follow­ Law 235, 78th Cong.), sec. 62 I.R.C., 53 complete cancellation or redemption of ing new subparagraph: Stat. 32; 26 U.S.C. 62) ) all the stock and the transfer of all the (2) Liquidation within one calendar [ se al] Jo se ph D. N u n a n , Jr., property in the liquidation occurs within month of 1944. In the event that the Approved: April 19, 1944. the month of December, 1938, or corporation is a domestic corporation and J o h n L. S u l l iv a n , (ii) Pursuant to a plan of liquidation the plan of liquidation, adopted after Acting Secretary of the Treasury. adopted after February 25, 1944, in ac­ February 25, 1944, provides for a distri­ cordance with which the distribution is bution in complete cancellation pr re­ [F. R. Doc. 44-5665; Filed, April 20, 1944; in complete cancellation or redemption demption of all the capital stock of the 4:07 p. m.] of all the stock and the transfer of all the corporation, and for the transfer of all property in the liquidation occurs within the property of the corporation under some one calendar month of the calendar the liquidation entirely within some one [T. D. 5360] year 1944; and calendar month in the calendar year 1944, P art 29— I ncome T a x ; T axable Y ears (3) In cancellation or redemption of and any shareholder claims the benefit of B eginning A fter D ecember 31,1941 only those shares of stock which were section 112 (b) (7), such return shall, in owned by such qualified electing share­ addition to the information required by ALTERNATIVE TAX ON INDIVIDUALS WITH holder at the time of the adoption of paragraph (b) (1) of this section, con­ GROSS INCOME FROM CERTAIN SOURCES OF the plan of liquidation and on which he tain the following: LESS THAN $3,000 realizes gain. (i) A statement showing the number Amending Regulations 111 to conform It applies to all the property, except of shares of each class of stock outstand­ to section 102 of the Revenue Act of 1943, money, so acquired, though such prop­ ing at the time of the adoption of the relating to alternative tax on individuals erty may consist in whole or in part of plan of liquidation, together with a de­ with gross income from certain sources of stock or securities acquired by the liqui­ scription of the voting power of each less than $3,000. dating corporation after April 9, 1938, if such class; In order to conform Regulations 111 subdivision (i) is applicable, or after De­ (ii) A list of all the shareholders own­ [26 CFR, Cum. Supp. JPart 29] to sec. cember 10, 1943, if subdivision (ii) is ing stock at the time of the adoption of tion 102 of the Revenue Act of 1943 (Pub­ applicable. the plan of liquidation, together with the lic Law 235, 78th Congress), enacted number of shares of each class of stock P ar. 6, Paragraph (b) of § 29.113 (a) February 25, 1944, such regulations are (18)—1 is amended as follows: owned by each shareholder, the certifi­ amended as follows: cate numbers thereof, and the total num­ (A) By inserting before the period at P aragraph 1. There is inserted imme­ the end of the first sentence thereof the ber of votes to which entitled on the diately preceding § 29.400-1 the follow­ following: adoption of the plan of liquidation; and ing: (iii) A list of all corporate share­ , or section 112 (b) (7) of tjie Internal holders as of December 10,1943, together Sec. 102. A lt er nativ e tax o n individuals Revenue Code, as the case may be with the number of shares of each class WITH GROSS INCOME FROM CERTAIN SOURCES OF less t h a n $3,000. (Revenue Act of 1943, (B) By amending the example to read of stock owned by each such shareholder, Title I.) as follows: the certificate numbers thereof, the total (a) In general. Section 400 (relating to number of votes to which entitled on the optional tax) is amended to read as follows: Example. The X Corporation distributed adoption of the plan of liquidation, and all its property in complete liquidation dur­ a statement of all changes in ownership Sec. 400. I m po sitio n of t a x . ing the month of October 1944, pursuant In lieu of the tax Imposed Under sections to the provisions of section 112 (b ) (7) of the of stock by corporate shareholders be­ 11, 12, and 450, an individual who makes his Code. A, an individual and a qualified elect­ tween December 10, 1943, and the date return on the cash basis may elect, for each ing shareholder, received, in cancellation or of the adoption of the plan of liquidation, taxable year, to pay the tax shown in the fol­ redemption of 100 shares of stock owned both dates inclusive. lowing table if his gross Income for such tax- 4326 FEDERAL REGISTER, Saturday, April 22, 1944 able year is less than $3,000 and consists Sing le P ebsons (N ot H ead of F a m il y ) M arried P erson M a k in g Separate Return— Continued wholly of one or more b f the following :• Sal­ ary, wages, compensation for personal serv­ ices, dividends, interest, or annuities: And the number of dependents is— I f the gross Sing le P ersons (N ot H ead o r F a m il y ) income is— 3 4 6 6 7 or 0 1 2 ' more And the number of dependents ia— If the gross But income is— 7 or A t least less The tax shall be— 0 1 2 3 4 5 6 more than

$2,476 $2,500 $386 $320 $253 $187 $120 $66 $56 $56 But 125 A t least less The tax shall be— 2,500 2,525 391 325 258 192 59 57 57 than 2,525 2,550 397 330 264 197 131 64 67 57 2,550 2,575 402 335 269 202 136 69 58 58 2,575 2,600 407 341 274 208 141 75 59 59 2,600 2,625 412 346 279 218 146 80 60 60 $0 $525 $0 $0 $0 $0 $0 $0 $0 $0 218 85 525 550 1 0 0 0 0 0 0 0 2,625 2,650 417 351 284 151 60 60 2,650 2,675 423 356 290 223 157 90 61 61 550 575 5 0 0 0 0 0 0 0 361 295 228 162 95 62 675 600 10 0 0 0 0 0 0 0 2,675 2,700 428 62 0 0 2,700 2,725 433 367 300 234 167 101 63 63 600 625 14 0 0 0 0 0 305 239 172 106 63 625 650 19 0 0 0 0 0 0 0 2,725 2,750 438 372 63 1 1 1 2,750 2,775 444 377 311 244 178 111 64 64 650 675 24 1 1 1 1 183 65 675 '700 30 2 2 2 2 2 2 2 And the number of dependents is— 2,775 2,800 449 382 316 249 116 65 700 725 35 3 3 3 3 3 3 3 2,800 2; 825 455 387 321 254 18» 121 66 66 I f the gross 2,825 2,850 461 393 326 260 193 127 66 66 726 760 40 3 3 3 3 3 3 3 inoome is— 4 4 4 4 4 4 7 or 2,860 2,875 467 39» 331 265 198 132 67 67 750 775 45 4 337 276 201 137 73 68 775 800 51 5 5 5 5 5 5 5 more 2,875 2,90C 473 403 6 6 6 2; 900 2,925 479 40» 342 275 209 142 76 69 800 825 56 6 6 6 6 347 281 214 14» 81 69 825 850 61 6 6 6 6 6 6 6 2,925 •2,950 485 414 But 2,950 2,975 491 419 352 286 219 15! 86 70 850 875 66 7 7 7 7 7 7 7 291 224 158 91 875 900 71 8 8 8 8 8 8 8 A t least less The tax shall be— 2,975 3,000 497 424 357 - 71 900 925 77 10 9 9 9 9 9 9 than 925 950 82 15 9 9 9 9 9 9 950 975 87 21 10 10 10 10 10 10 (1) M arried P erson W hose Spouse H as no Gross 975 1,000 92 26 11 11 11 11 11 11 $650 $0 $0 $0 $0 $0 $0 $0 $0 I ncome or (2) M arried P erson M ak in g Joint 1,000 1,025 97 31 12 12 12 12 te 12 650 675 5 1 1 1 1 1 1 1 R etu rn or (3) H ead of F a m il y 675 700 11 2 2 2 2 2 2 2 1,025 1,050 103 36 12 12 12 12 12 12 3 1,050 1,075 108 41 13 13 13 13 13 13 700 , 725 16 3 3 3 3 3 3 1,075 1,100 113 47 14 14 14 14 ' 14 14 725 750 21 3 3 3 3 3 3 3 And the number of dependents is— 1,100 1,125 118 52 ■15 15 15 15 15 15 750 775 26 4 4 4 4 4 4 4 I f the gross in­ 1,125 1,150 124 57 15 15 15 15 15 15 775 890 32 5 5 5 5 5 5 5 come is— 5 or 1,150 1,175 129 62 16 16 16 10 16 16 800 825 37 6 6 6 6 6 6 6 0 1 2 3 4 1,175 1,200 134 67 17 17 17 17 17 17 825 850 42 6 6 6 6 6 6 6 1,200 1,225 139 73 18 18 18 18 18 18 850 876 47 7 7 7 7 7 7 7 52 8 8 8 8 8 8 1,225 1,250 144 78 18 18 18 18 18 18 875 900 8 A t least Butless The tax shall be 1,250 1, 275 150 83 19 19 19 19 19 19 000 925 58 9 9 9 9 9 9 9 than 1,275 1,300 155 88 22 20 20 20 20 20 925 950 63 9 9 9 9 9 9 9 1,300 1,325 160 94 27 21 21 21 21 21 950 975 68 10 10 10 10 10 10 10 1,325 1,350 165 99 32 21 .21 21 21 21 975 1,000 73 11 11 11 11 11 11 11 $0 $650 $0 $0 $0 $0 $0 $0 1,350 1,375 170 104 37 22 22 22 22 22 1,000 1.025 78 12 12 12 12 12 12 12 650 675 1 1 1 1 1 1 1,375 1,400 176 109 43 23 23 23 23 23 1.025 1.050 84 17 12 12 12 12 12 12 675 700 2 2 2 2 2 2 1,400 1,425 181 114 48 24 24 24 24 24 1.050 1.075 89 22 13 13 13 13 13 13 700 725 3 3 3 3 3 3 1, 425 1,450 186 120 53 24 24 24 24 24 1.075 1,100 94 28 14 14 14 14 14 14 725 750 3 3 3 3 3 3 1,450 1,475 191 125 58 25 25 25 25 25 1,100 1.125 99 33 16 15 15 15 15 15 750 775 4 4 4 4 4 4 1,475 1,500 197 130 64 26 26 26 26 26 1.125 1.150 105 38 15 15 15 15 15 15 775 800 5 5 5 5 5 5 1,500 1,525 202 135 69 27 27 27 27 27 1.150 1.175 110 43 16 16 16 16 16 16 800 825 6 6 6 6 6 6 1,625 1, 550 207 141 74 27 27 27 27 27 1.175 1,200 115 48 17 17 17 17 17 17 ' 825 850 6 6 6 6 6 6 1,550 1,576 212 146 79 28 28 28 28 28 1,200 1,'225 120 54 18 18 18 18 18 18 850 875 7 7 7 7 7 7 1,575 1,600 217 151 84 29 29 29 29 29 1.225 1.250 125 59 18 18 18 18 18 18 875 900 8 8 8 8 8 8 1,690 1,625 223 156 90 30 30 30 30 30 1.250 1.275 131 64 19 19 19 19 19 19 900 925 9 9 9 9 9 9 1,625 1,650 228 161 95 30 30 30 30 30 1.275 1,300 136 69 20 20 20 20 20 20 . 925 950 9 9 9 9 9 9 1,650 1,675 233 167 100 34 31 31 31 31 1.300 1.325 141 75 21 21 21 21 21 21 950 975 10 10 10 10 10 10 1,675 1,700 738 172 105 39 32 32 32 32 1.325 1.350 146 80 21 21 21 21 21 21 975 1,000 11 11 11 11 11 11 1,700 1,725 244 177 111 44 33 33 33 33 1.350 1.375 151 85 22 22 22 22 22 22 1,000 1,025 12 12 12 12 12 12 1,725 1,750 249 182 116 49 33 33 33 33 1.375 1.400 157 90 24 23 23 23 23 23 1,025 1,050 12 12 12 12 12 12 1,750 1,775 254 187 121 54 34 34 34 34 1.400 1.425 162 95 29 24 24 24 24 24 1,050 1,075 13 13 13 18 13 13 1,775 1,800 259 193 126 60 35 35 35 35 1.425 1.450 167 101 34 24 24 24 24 24 1,075 1,1'00 14 ■ 14 14 14 14 14 1,800 1,825 264 198 131 65 36 36 36 36 1.450 1.475 172 106 39 25 25 25 25 25 1,100 1,125 15 15 15 15 15 15 1,825 1,850 270 203 137 70 36 36 36 36 1,475 1,500 178 111 45 26 26 26 26 26 1,125 1,150 15 15 15 15 15 15 1,850 1,875 275 208 142 75 37 37 37 37 1,500 1,52fi 183 116 50 27 27 27 27 27 1,150 1,175 16 16 16 16 16 16 1,875 1,900 28U 214 147 81 38 38 3» 38 1,525 i; 550 188 122 55 27 27 27 27 27 1,175 1,200 17 17 17 17 17 17 1,900 1,925 285 210 152 86 39 39 39 39 1,550 1,575 193 127 60 28 28 28 28 28 1,200 1,225 18 18 18 18 18 18 1,925 1,950 290 224 157 91 39 39 39 39 1,575 1,600 198 132 65 29 29 29 29 29 1,225 1,250 18 18 18 18 18 18 1,950 1,975 296 220 163 96 40 40 40 40 1,600 1,625 204 137 71 30 30 30 30 30 1,250 1,276 19 19 19 19 19 19 1,975 2,000 SOI 234 163 101 41 41 41 41 1,625 1,650 209 142 76 30 30 30 30 30 1,275 1,300 22 20 20 20 20 20 2,000 2,025 306 240 173 107 42 42 4i 42 1,650 1,675 214 148 81 31 31 31 81 31 1,300 1,325 27 21 21 21 21 21 2,025 2,050 311 245 17» 112 45 42 49 42 1,675 1,700 219 153 86 32 32 32 32 32 1,325 1,350 32 21 21 21 21 21 2,050 2,075 317 250 184 117 51 43 43 43 1,700 1,725 225 158 92 33 33 33 33 33 1,350 1,375 37 22 22 22 22 22 2,075 2,100 322 255 18S 122 56 44 44 44 1,725 1,750 230 163 97 33 33 33 33 33 1,375 1,400 43 23 23 23 23 23 2,100 2,125 327 260 194 127 61 45 45 45 1,750 1,775 235 168 102 35 34 34 34 34 1,400 1,425 48 24 24 24 24 24 2,125 2,150 332 266 199 133 66 45 45 45 1,775 1,800 240 174 107 41 35 35 35 35 1,425 1,450 53 24 24 24 24 24 2,150 2,175 337 271 204 13» 71 46 46 46 1,800 1,825 245 179 112 46 36 36 36 36 1,450 1,475 68 26 25 25 25 25 2,175 2| 200 343 27 e 210 143 77 47 47 47 1,825 1,850 251 184 118 51 36 3« 36 36 1,475 1,500 64 26 26 26 26 26 2,200 2,225 343 281 215 14» 82 4! 4! 48 1,850 1,875 256 189 123 56 37 37 37 37 1,500 1,525 69 27 27 27 27 27 2,225 2, 25C 353 287 220 154 87 4! 4! 48 1,875 1,900 261 195 128 62 38 38 3» 38 1,525 1,550 74 27 27 27 27 27 2,250 2,275 353 292 225 159 92 40 49 49 1,900 1,925 266 200 133 67 30 30 30 39 1,550 1,575 79 28 28 28 28 28 2j 275 2,300 363 297 230 164 97 50 60 50 1,925 1,950 271 205 138 72 30 30 30 39 1,575 1,600 84 29 29 29 29 29 2,300 2,325 360 302 236 169 10! 5] 5] 51 1,950 1,975 277 210 144 77 40 4C 40 40 1,600 1,625 90 30 30 30 30 30 2,325 2, 35C 374 307 241 174 10! 51 51 51 1,975 2,000 282 215 149 82 41 41 41 41 1,625 1,650 95 30 30 30 30 30 2,350 2, 375 370 31! 246 180 11! 52 50 52 2,000 2.025 287 221 154 8» 42 42 42 42 1,650 1,675 100 34 31 31 31 31 2,375 2,400 384 31! 251 185 H i 5! 5! 53 2.025 2.050 292 226 159 9! 42 42 42 42 1,676 1,700 105 39 32 32 32 32 2,400 2,425 390 32! 257 190 124 57 5« 54 2.050 2.075 298 231 165 9! 4! 4! 4! 48 1,700 1,725 111 44 33 33 33 33 2,425 2,450 395 32! 262 195 120 60 5« 54 2.075 2,100 30! 236 170 10! 44 44 44 44 1,725 1,750 116 49 33 33 33 33 2,450 2,475 400 33! 267 300 134 61 55 65 2,100 2.125 308 241 175 10» 45 45 4! 45 1,750 1,775 121 54 34 34 34 34 2,475 2,500 405 330 272 206 130 7! 50 56 2.125 2.150 31! 247 18C 114 47 45 45 45 1,775 1,800 126 60 35 35 35 35 2,501 2,525 41( 340 27’ 21] 144 7! 57 57 2.150 2.175 31» 252 185 IIS 52 4f 40 46 1,800 1,825 131 65 36 36 36 36 2,550 416 340 28! 216 16( 8! 50 57 2.175 2,200 324 257 191 124 5» 47 ' 47 47 1,825 1,850 137 70 36 36 36 36 2,625 37 2,550 2,575 421 35- 28! 221 155 8! 5! 58 2,200 2,225 329 262 196 120 68 48 4! 48 1,850 1,875 142 75 37 37 37 2,575 2,601 426 360 29! 227 16( 9« 50 59 2.225 2.250 334 268 201 135 6» 48 48 48 1,875 1,900 147 81 38 38 38 38 2,60C 2,621 43’ 36J 20» 232 165 90 60 60 2.250 2.275 339 273 20e 14C 7! 40 40 49 1,900 1,925 152 86 39 39 39 39 2,625 2,69 436 37( 30! 237 170 10« 6( 6Ò 2.275 2,300' 344 27Î 211 145 7» 50 50 50 1,925 1,950 157 91 39 39 39 39 2,65C 2,675 442 375 30! 242 17( 100 61 61 2.300 2.325 35C 288 217 15C 84 51 51 51 1,950 1,975 163 96 40 40 40 40 2,675 2,700 44! 380 31« 247 18] 11« 62 62 2.325 2.350 355 288 222 155 80 51 51 61 1,975 2,000 168 101 41 41 41 41 2,70C 2,725 45' 386 310 25! 186 120 6! 63 2.350 2.375 360 294 227 161 94 52 62 52 2,000 2,025 173 107 42 42 42 42 2,725 2,760 460 39; 32« 25! 191 125 6! 63 2.375 2.400 365 299 232 166 90 5! 5! 53 2,025 2,050 178 112 45 42 42 42 2,75C 2,775 465 396 330 26! 197 130 6« 64 2.400 2.425 371 304 238 171 105 54 54 54 2,050 2,075 184 117 51 43 43 43 2,775 2,800 47Î 40: 335 26! 202 135 69 65 2.425 2.450 376 309 243 176 110 54 54 54 2,075 2,100 189 122 56 44 44 44 2.80C 2,825 477 406 340 273 207 140 74 66 2.450 2.475 381 314 248 181 115 55 55 55 2,100 2,125 194 127 61 46 45 45 FEDERAL REGISTER, Saturday, April 22, 1944 4327

L) M a r r ie d P e r so n W h o s e Spo u se H a s no any amount on account of such indi­ from his gross income $385 for all except Gross I ncom e or (2 ) M a r r ie d P erso n M a k ­ in g Jo in t R e t u r n oh (3 ) H ead o f F a m il y — vidual’s dependents. For example, A, one of such dependents (see example (4) Continued a single person who is not the head in § 29.401-1). If the taxpayer is a single of a family, has a gross income, con­ person who is not the head of a family, And the number of dependents is— sisting of salary, of $3,200 for 1942. his tax is set forth in the third column l i the gross in­ He has two dependents. For the pur­ of such schedule. If the taxpayer is a come is— 0 1 . 2 8 4 öor pose of the $3,000 limitation, his gross married person making a separate re­ more income is $3,200, not $2,430 ($3,200 minus turn, but not including a taxpayer whose But less $770), and consequently he may not com­ spouse makes a return without regard to A t least than The tax shall be— pute his tax under Supplement T (sec­ Supplement T, the tax is set forth in the tions 400 to 404, inclusive). An indi­ fourth column of such schedule. T.' the $2,125 $2; 150 $199 $133 $66 $45 $45 $45 vidual deriving any other kind o f . in­ taxpayer is (1) a married person whose 2,150 2,175 204 138 71 46 46 46 come, such as income from the conduct spouse has no gross income, (2) a married 2,175 2,200 210 143 77 47 47 47 2,200 2,225 215 148 82 48 48 48 of a business or from a trust of which he person making a joint return, or (3) the 2,225 2,250 220 154 87 48 48 48 is a beneficiary, or gains from the sale head of a family, the tax is set forth in 2,250 2,275 225 159 92 49 49 49 2,275 2,300 230 164. 97 50 50 50 or exchange of property, may not com­ the fifth column of such schedule. Un­ 2,300 2,325 236 169 103 51 51 51 pute his tax under Supplement T. I f der such schedule no tax is imposed upon 2,325 2,350 241 174 108 51 51 51 2,350 2,375 246 180 113 52 52 52 an individual derives income from a a single person whose gross income, less 2,375 2,400 251 185 118 53 53 53 partnership of which he is a member or credit for dependents, does not exceed 2,400 2,425 257 190 124 67 54 54 from a trust of which he is a beneficiary, $525, or upon a married person making a 2,425 2,450 262 195 129 62 54 54 2,450 2,475 267 200 134 67 . 55 55 and the partnership or trust previously separate return whose gross income (less 2,475 2,500 272 206 139 73 56 56 derived the income distributed to him credit for dependents) does not exceed 2,500 2, 525 277 211 144 78 57 57 2,525 2,550. 283 216 150 83 57 57 from, for example, interest, he will be $650, or upon (1) a married person whose 2,550 2,575 288 221 155 88 58 58 considered to have received income from spouse has no gross income, (2) a mar­ 2,575 2,600 293 227 160 94 59 59 2,600 2,625 298 232 165 99 60 60 a partnership or trust, rather than from ried person making a joint return, pr (3) 2,625 2, 650 303 237 170 104 60 60 interest, and consequently will not be the head of a family, whose gross income 2,650 2,675 309 242 176 109 61 61 entitled to compute his tax under Sup­ (less credit for dependents) does not 2,675 2,700 314 247 181 114 62 62 2| 700 2,725 319 253 186 120 63 63 plement T. exceed $1,275. 2,725 2,750 324 258 191 125 63 63 If the taxable year is the calendar year I f the taxable year is the calendar year 2,750 2,775 330 263 197 130 64 64 2,775 2,800 335 268 202 135 69 65 1942 or the calendar year 1943, a hus­ 1944 or a subsequent calendar year, the 2,800 2,825 340 273 207 140 74 66 band and wife living together on July 1 following paragraph is applicable in de­ 2,825 2,850 345 279 212 146 79 66 2,‘850 2,875 350 284 217 151 84 67 of such taxable year may file separate termining the amount of tax under sec­ 2,875 2,900 356 289 223 156 90 68 returns on Form 1040A, if the gross in­ tio n 400. 2,900 2,925 361 294 228 161 95 69 come of each is from the prescribed In order to determine the amount of 2,925 2,950 366 300 233 167 100 69 2,950 2,975 -371 305 238 172 105 70 sources and does not exceed $3,000, or his tax an individual merely ascertains 2,975 3,000 376 310 243 177 n o 71 they may file a single joint return on the amount of his gross income and re­ such form if their combined gross in­ fers to the schedule in section 400, as Joint returns.—I f a joint return of husband and w ife is come is from the prescribed sources and amended by section 102 (a) of the Rev­ filed, the amount of tax shown in the above table shall be reduced by 3 per centum of the smaller income of the does not exceed $3,000. If the taxable enue Act of 1943, to find the amount of two spouses, but not by more than $19. year is the calendar year 1944 or a sub­ his tax. If the taxpayer is a single per­ ***** sequent calendar year, a husband and son who is not the head of a family, his Sec. 101. T axable years to w h ic h a m e n d ­ wife living together on July 1 of such tax is set forth in the first part of such m e n t s applicable. (Revenue Act o f 1943, taxable year may file separate returns schedule. I f the, taxpayer is a married Title I.) on Form 1040A, if the gross income of person making a separate return, but not Except as otherwise expressly provided, the each is from the prescribed sources and including a taxpayer whose spouse makes amendments made by this title shall be ap­ is less than $3,000 or they may file a a return without regard to Supplement plicable only with respect to taxable years single joint return on such form if their T, the tax is set forth in the second part beginning after December 31, 1943. combined gross income is from the pre­ of such schedule. If the taxpayer is (1) P ar. 2. Section 29.400-1 is amended to scribed sources and is less than $3,000. the head of a family, or (2) a married read as follows: A married person living with husband person whose spouse has no gross in­ or wife at any time during the calendar come, his tax is set fortji in the third § 29.400-1 Scope and application of year may not compute the tax under part of such schedule. If the taxpayer Supplement T. For the calendar years Supplement T if the other spouse makes is a married person making a joint re­ 1942 and 1943, in lieu of the tax imposed an income tax return without regard to turn, the third part is also used, but in under sections 11 and 12, an individual such Supplement (see § 29.404-1). order to find the amount of his tax, the who makes his return on a cash basis I f an individual dies before the close amount of tax shown in such part shall may elect to pay the tax imposed under of the calendar year, his tax may not be reduced by 3 percent of the smaller section 400, if his gross income does not be determined under Supplement T. Nor of the incomes of the two spouses, but exceed $3,000, and if his gross income may the tax of the surviving spouse of not by more than $19. Under the sched­ consists wholly of one or more of the fol­ an individual who has gross income and ule contained in section 400, as amended lowing: Salary, wages, compensation for who dies before the close of the calendar by section 102 (a) of the Revenue Act personal services, dividends, interest, or year be determined under Supplement T. of 1943, no tax is imposed upon a single annuities. For the calendar year 1944 (See sections 404 and 47 (g ).) person whose gross income is less than and subsequent, calendar years, in lieu I f the taxable year is the calendar $525, or upon a person whose gross in­ of the tax imposed under sections 11, 12, year 1942 or the calendar year 1943, the come is less than $650, if such person and 450, an individual who makes his re­ following paragraph is applicable in de­ is (1) a married person making a sepa­ turn on a cash basis may elect to pay the termining the amount of tax under sec­ rate return, (2) a married person whose tax imposed under section 400, if his gross tion 400. spouse has no gross income, (3) a mar­ income is less than $3,000, and if his In order to determine the amount, of ried person making a joint return, or (4) gross income consists wholly of one or his tax an individual merely ascertains the head of a family. more of the kinds of income enumerated P ar. 3. Section 29.401-1 is amended by in the preceding sentence. For the pur­ the amount of his gross income, sub­ tracts $385 for each dependent for whom inserting immediately preceding the last poses of the $3,000 limitation in effect paragraph thereof the following: for the calendar years 1942 and 1943, a credit is allowable and refers to the schedule set forth in section 400, as and for the purposes of the limitation Example (5), For the calendar year 1944, amended by section 104 (a) of the Rev­ F, an unmarried person, has a gross income of less than $3,000 for the calendar year enue Act of 1942, to find the amount of of $2,832 derived wholly from salary and in­ 1944 and subsequent calendar years, the his tax. I f the taxpayer is the head of terest. On July 1, 1944, his status is that of amount of an individual’s gross income a family only by reason of his having one a single person not the head of a family, shall be determined without subtracting or more dependents, he may subtract and he has no dependents on such date. To No'. 81----- 2 4328 FEDERAL REGISTER, Saturday, April 22, 1944 determine the tax imposed upon him for the for the calendar year 1944, K refers to the Sec. 132. N o n r e sid e n t a l ie n s br o ug ht in t o calendar year 1944 under section 400, as third table of the schedule contained in u n it e d states u n d e r a u t h o r it y of w a r m a n ­ amended by section 102 (a), of the Revenue section 400, as amended by section 102 (a) of po w e r c o m m is s io n . (Revenue Act of 1943, Act of 1943, F refers to the first part of the the Revenue Act of 1943, which is applicable Title I.) schedule therein, which is applicable to a to the head of a family, and finds that the (a) In general. Section 143 (b) (relating single person who is not the head of a family, tax in the case of a taxpayer whose gross to withholding tax at source on nonresident and finds that the tax imposed upon a tax­ income -is at least $2,950 but less than $2,975 alien Individuals) is amended by inserting payer whose gross income is at least $2,825 (and the number of dependents is 1) is $305. at the end thereof the following: “In re­ but less than $2,850 (and the number of Since $2,965 is within this bracket and K can spect of the compensation for services per­ dependents is 0) is $483. Since $2,832 is take credit for only one dependent, K ’s tax is formed by nonresident alien individuals within this bracket, P ’s tax is $483. $305. If the wife had had gross income, brought into the United States under the Example (6). For the calendar year 1944, the tax of neither spouse could be determined authority of the War Manpower Commission G has a gross income of $2,312, derived wholly under Supplement T. for temporary employment essential to the from salary and dividends, and H, his wife, war effort and subject to withholding un­ has a gross income of $671, derived wholly P ar. 4. There is inserted immediately der this subsection, the deduction and with­ from wages and an annuity. On July 1, 1944, preceding § 29.404-1 the following: holding shall be at the rate of 10 per centum, and there shall be no deduction or withhold­ they are living together and G is supporting Sec. 102. A lternative t a x o n individuals ing under section 1622.” two dependent children, both of whom are W ITH GROSS INCOME FROM CERTAIN SOURCES (b ) Effective date. The amendment made under the age of 18. G and H file separate o f l e s s t h a n $3 ,0 0 0 . (Revenue Act of 1943, by subsection (a) shall be applicable to all returns under Supplement T. To determine Title I.) his tax for the calendar year 1944, G refers ***«,* compensation paid on or after the tenth day after the date of the enactment of this Act. to the second part of the schedule contained (b ) Technical amendment. Section 404 in section 400, as amended by section 102 (a) (relating to certain taxpayers ineligible to P ar. 2. Section 29.143-1 is amended as of the Revenue Act of 1943, applicable to compute tax under alternative method) is follows : married persons making separate returns, amended by inserting after “nonresident and finds that the tax imposed upon a tax­ (A) By inserting as the second sen­ alien individual,” the following: “to a citizen tence thereof the following: payer whose gross income is at least $2,300 of the United States entitled to the benefits but less than $2,325 (and the number of of section 251,”. See the second paragraph of this sec­ dependents is 2) is $217. Since $2,312 is Sec . 101. T axable years to w h ic h a m e n d ­ within this bracket and G has two depend­ tion for special rule with respect to com­ m e n t s a p plic able. (Revenue Act o f 1943, pensation for services performed by a ents, G ’s tax is $217. To determine her tax Title I.) for such year, H also refers to such second Except as otherwise expressly provided, the nonresident alien individual brought into part, which is applicable to a married per­ amendments made by this title shall be ap­ the United States under the authority of son making separate return, and finds that plicable only with respect to taxable years the War Manpower Commission. the tax imposed upon a taxpayer whose gross beginning after December 31, 1943. Income is at least $650 but less than $675 (B) By inserting as the second para­ (and the number of dependents is 0) is $!j. P ar. 5. Section 29.404-1 is amended as graph thereof the following: Since $671 is within this bracket, H ’s tax follows: is $5. Under such facts, if G and H file On and after March 6,1944, the rate of a Joint return under Supplement T, their (A ) By striking out “ or” immediately withholding provided with respect to combined gross income is $2,983. To deter­ preceding subparagraph (4). compensation for services performed by mine their tax, they refer to the third part (B) By striking out the period at the a nonresident alien individual, or by a of the schedule contained in section 400, as end of subparagraph (4) and inserting in citizen of a possession of the United amended by section 102 (a) of the Revenue lieu thereof “ ; or”. States not otherwise a citizen of the Act of 1943, which is applicable to a mar­ (C) By inserting at the end thereof United States, brought into the United ried person making joint return, and find the following: States under the authority of the War that the tax imposed upon a taxpayer whose Manpower Commission for temporary gross income is at least $2,975 but less than . (5) For the calendar year 1944 and $3,000 (and the number of dependents is 2) subsequent calendar years, a citizen of employment essential to the war effort is $243. Since G and H are filing a joint the United States entitled to the benefits shall be at the reduced rate of 10 percent. return, the amount of tax shown in such of section 251. In applying such reduced rate of with­ part shall be reduced by 3 percent of the holding, however, to the compensation of smaller income of the two spouses (3 per­ (Sec. 102 of the Revenue Act of 1943 (Pub. a nonresident alien or other individual cent of $671, or $20.13), but not more than Law 235, 78th Cong.), sec. 62, I.R.C., 53 coming within the scope of this para­ $19. (See the note at the foot of such part.) Stat. 32; 26 U.S.C. 62) Since 3 percent of $671 is more than $19, the graph the proration of the personal ex­ reduction of the tax shown in such table is [ seal] J o se ph D. N u n a n , Jr., emption provided in § 29.143-3, is not ap­ limited to $19. Since $2,983 is within the Commissioner of Internal Reiyenue. plicable. The rate of 10 percent pro­ bracket above discussed, the combined tax of G and H is $243 less $19, or $224. Approved: April 19, 1944. vided in this paragraph should, there­ Example (7). For the calendar year 1944, J o h n L. S u l l iv a n , fore, be applied against the gross amount J has a gross income of $1,860, derived wholly Acting Secretary of the Treasury. of the compensation derived from labor from wages. He was married on April 1, [F. R. Doc. 44-5667; Filed, April 20, 1944; or personal services by such an individ­ 1944, and he and his wife were living together 4:07 p. m.] on July 1, 1944. He has no dependents. His ual. The provisions of section 143 (b), wife, who has no gross income in 1944, dies on as amended by section 132 of the Revenue December 1, 1944. To determine his tax for Act of 1943, shall not be construed as the calendar year 1944, J refers to the third cancelling or affecting any ^exemption part of the schedule contained in section 400, [T. D. 5357] from withholding in the case of any non­ as amended by section 102 (a) of the Revenue resident alien individual under existing Act of 1943, which is applicable to a married P art 29— I n c o m e T a x ; T a x able Y ears law, regulations, or ruling, nor do such person whose spouse has no gross income, B e g in n in g A fter D ecember 31, 1941 and finds that the tax imposed upon a tax­ provisions affect the liability to tax of payer whose gross income is at least $1,850 NONRESIDENT ALIENS BROUGHT INTO THE such a nonresident alien individual. but less than $1,875 (and the number of UNITED STATES UNDER AUTHORITY OF WAR (Sec. 62 of the Internal Revenue Code dependents is 0) is $142. Since $1,860 is MANPOWER COMMISSION within this bracket, J’s tax is $142. (53 Stat., 32; 26 U.S.C., 1940 ed., 62) and Example (8 ). For the calendar year 1944, In order to conform Regulations 111 sec. 132 of the Revenue Act of 1943 (Pub. K has a gross income of $2,965. His wife, [Part 29, Title 26, Code of Federal Reg­ Law 235, 78th Congress)) who has no gross income in 1944, dies on ulations, Cum. Supp.] to the provisions [ s e a l] J o se ph D. N u n a n , Jr., May 15, 1944, and on July 1, 1944, he is sup­ of section 132 of the Revenue Act of Commissioner of Internal Revenue. porting and maintaining a home for two 1943 (Public Law 235, 78th Congress), Approved: April 19, 1944. dependent children both of whom are under enacted February 25, 1944, such regula­ the age of 18. Since K would not occupy the tions are amended as follows: J o h n L. S u l l iv a n , status of head of a family except for the fact Acting Secretary of the Treasury. that he maintains a home for such children, P aragraph 1. There is inserted im­ one of such children is not counted for the mediately preceding § 29.143-1 the fol­ [F. R. Doc. 44-5666; Filed, April 20, 1944; purpose of such table. To determine his tax lowing: 4:07 p. m.] FEDERAL REGISTER, Saturday, April 22, 1944 4329

[T. D. 530H ings was mined shall be deemed to be a of mineral units or timber units produced producer of the minerals so extracted or for the taxable year. If two or more P art 35— E xcess P rofits T a x ; T axable recovered. metals, coal, or nonmetallic substances Y ears B eginning A fter D ecember 31, are contained in the minerals recovered 1941 P ar. 3. There is inserted immediately from a mineral property, nontaxable preceding § 35.735-1 the following: application of the excess profits tax to bonus income must be determined with certain production bonus paym ents P u b l ic Law 172 (78th Congress, 1st Ses­ respect to each such metal, coal, or non­ sion), approved October 20, 1943. metallic substance, and net income from In order to conform Regulations 112 Be it enacted by the Senate and House of [Part 35, Title 26, Code of Federal Reg­ the property must be allocated fairly be­ Representatives of the United States of tween each type of metal, coal, or non­ ulations, 1944 Supp.l to Public Law 172", America in Congress assembled, That section metallic substance. In the case of any approved October 26, 1943 (78th Con­ 735 (c) of the Internal Revenue Code is amended to read as follows: such bonus paid with respect to any such gress, 1st session), such regulations are type of metal, coal, or nonmetallic sub­ amended as follows: (c) Nontaxable bonus income. The term “nontaxable bonus income” means the stance the nontaxable bonus income shall P aragraph 1. There is inserted imme­ amount of the income derived from bonus not exceed the net income attributable to diately preceding § 35.711 (a )- l the fol­ payments made by any agency of the United the output in excess of the specified quota lowing: States Government on account of the produc­ of such type. Such net income shall be tion in excess of a specified quota of: P ublic L a w 172 (78th Congress, 1st Ses­ (1) A mineral product or timber, the ex­ an amount which bears the same ratio sion, approved October 20, 1943. haustion of which gives rise to an allowance to the net income attributable to such Be it enacted by the Senate and House of for depletion under section 23 (m ), but such type of metal, coal, or nonmetallic sub­ Representatives of the United States of amount shall not exceed the net income stance as the output in excess of the America in Congress assembled, (computed with the allowance for depletion) quota established for such type bears to ***** attributable to the output in excess of such the number of mineral units of such type Sec. 2. Section 711 (a) (1) (I) of the In ­ quota; or produced for the taxable year. " ternal Revenue Code is amended to read as (2) A mineral product extracted or recov­ (b) A mineral product extracted or follows: ered from mine tailings by a corporation which owns no economic interest in the min­ recovered from mine "tailings by a cor­ (I) Nontaxable income of certain indus­ eral property from which the ore containing poration which does not own an economic tries. In the case of a producer of minerals, such tailings was mined, but such amount interest in the mineral property from or a producer of logs or lumber from a timber shall not exceed the net income attributable which the ore containing such tailings block, as defined in section 735, there shall to the output in excess of such quota. was mined. Such amount, however, be excluded nontaxable income from exempt * * * * * excess output of mines and timber blocks shall not exceed the net income at­ and nontaxable -bonus income provided in Sec. 4. The amendments made by this Act tributable to the output in excess of the section 735. In respect of nontaxable bonus shall be effective as if they were a part of quota. Such net income so attributable income provided in section 735 ( c ) , a cor­ Section 209 of the Revenue Act of 1942 on shall be an amount which bears the same poration described in section 735 (c) (2) the date of its enactment. ratio to the net income computed with shall be deemed a producer of minerals for respect to the mineral product extracted the purposes of this subparagraph. P ar. 4. Section 35.735-2 (a ) is amended by inserting at the end thereof the fol­ or recovered from the tailings as the Sec. 3. Section 711 (a) (2) (K ) of the In ­ ternal Revenue Code is amended to read as lowing new paragraph: number of mineral units in the output of follows: For the purpose of the exclusion from the mineral product recovered or ex­ (K ) Nontaxable income of certain indus­ excess profits net income of nontaxable tracted from the tailings in excess of the tries. In the case of a producer of minerals, bonus income on account of the produc­ quota bears to the total number of min­ or a producer of logs or lumber from a timber tion in excess of a specified quota of a eral units in the mineral product recov­ block, as defined in section 735, there shall be ered or extracted from the tailings in excluded nontaxable income from exempt mineral product extracted or recovered excess output of mines and timer blocks and from mine tailings (see section 735 (c) the taxable year. Net income computed nontaxable bonus'income provided in section (2 )), a corporation which so extracts or with respect to the mineral product ex­ 735. In respect of nontaxable bonus income recovers such a mineral product and tracted or recovered from mine tailings provided in section 735 ( c ) , a corporation de­ which owns no economic interest in the shall be computed pursuant to § 35.735-2 scribed in section 735 (c) (2) shall be deemed mineral property from which the ore (i), except with respect to the allowance a producer of minerals for the purposes of containing such tailings was mined shall for depletion, as if such mine tailings this subparagraph. were a mineral property. Sec. 4. The amendments made by this Act be deemed to be a producer of minerals. shall be effective as if they were a part of P ar. 5. Section 35.735-4 is amended by (Sec. 62 of .the Internal Revenue Code section 209 of the Revenue Act of 1942 on the changing the first paragraph thereof to (53 Stat. 32; 26 U.S.C., 62) as made ap­ date of its enactment. read as follows: ' plicable by sec. 729 (a) of the Internal Par. 2. Section 35.711 (a )-2 is amended Revenue Code (54 Stat. 989; 26 U.S.C., § 35.735-4 Nontaxable bonus income. by striking the last sentence from the 729 (a )) and Public Law 172 (78th The term “ nontaxable bonus income” Cong.), approved Oqt. 26, 1943) first paragraph immediately following means the amount of the income derived the first example, and by inserting im­ from bonus payments made by any [ se al] H arold N . G raves, mediately after such paragraph the agency of the United States Government Acting Commissioner of following new paragraph: on account of the production in excess Internal Revenue. For the exclusion of nontaxable in­ of a specified quota of either of the Approved: April 20 1944 come from exempt excess output of following: J o h n L. S u l l iv a n , mines and timber blocks and nontaxable (a) A mineral product or timber, if Acting Secretary of the Treasury. bonus income provided in section 735 in the exhaustion of the mineral property or the timber block from which such [F. R. Doc. 44-5076; Piled, April 21, 1944; the case of a producer of minerals, or 11:08 a. m.] a producer of logs or lumber from a tim­ product or timber was recovered gives ber block, as defined in section 735, see rise to an allowance for depletion under section 711 (a) (1) (I), as amended by section 23 (m ). Such amount, however, Public Law 172 (78th Congress, 1st ses­ shall not exceed the net income (com­ [T. D. 5358] sion), approved October 26, 1943. For puted with the allowance for depletion) P art 36— R e lie f F rom D o u b le P a y m e n t s the purposes of the exclusion pursuant to attributable to the output in excess of i n 1943 the provisions of section 711 (a) (1) (I) the quota. Such net income so attribu­ of nontaxable bonus income provided in table shall be an amount which bears the PROVISIONS RELATING TO INCREASED INCOME section 735 (c), a corporation described same ratio to the net income from the In order to conform Treasury Decision in section 735 ( c ) ( 2 ) as ohe which ex­ mineral property, computed as provided 5300, approved October 1, 1943, as tracts or recovers a mineral product from in § 35.735-2 ( i ) , or the net income from amended by Treasury Decision 5309, ap­ mine tailings and which owns no eco­ the timber block, computed as provided proved December 4, 1943, prescribing nomic interest in the mineral property in § 35.735-2 (1), as the output in excess regulations under section 6 of the Cur­ from which the ore containing such tail­ of the quota bears to the total number rent Tax Payment Act of 1943 [part 36, 4330 FEDERAL REGISTER, Saturday, April 22, 1944

Title 26, Code of Federal Regulations, (3) By striking from the third para­ tion 6” and by changing the amount Cum. Supp.l to the provisions of section graph the following: $40,000 to $30,000. (C) By amending the second para­ 506 of the Revenue Act of 1943 (Public ; and (3) if the surtax net income for Law 235, 78th Congress), enacted Febru­ graph of paragraph (b) as follows: the base year plus $20,000 is less than (1) By striking out “section 6 (a ), (b ), ary 25, 1944, such Treasury decision is that for the taxable year 1943, an amount further amended as follows: and ’(C)” and inserting in lieu thereof equal to the excess of 75 percent of the “section 6 (a) or (b )”. P aragraph 1. The table of contents is tax for the taxable year 1943 (determined amended by striking out the following: (2) By striking out the last sentence without regard to section 6, interest or thereof. 36.3 Additional increase in 1943 tax where additions to the tax, and credits for tax • P ar. 8. Sections 36.7 and 36.8 are income substantially increased. withheld at source under sections 466 and stricken out. 36.7 Treatment of income attributed to base 1622 of the Internal Revenue Code) over P ar. 9. Section 36.9 is amended as fol­ year under section 107 of the Inter­ a tentative tax for the taxable year 1943 lows : nal Revenue Code. computed upon an amount equal to the 36.8 Partnership business formerly operated (A) By striking out the heading of by corporation. surtax net income for the base year plus paragraph (a ), which reads as follows: $20,000 P ar. 2. The sentence immediately pre­ (a ) The 25 percent increase under ceding § 36.1 is stricken out, and there is (4) By striking out the fourth para­ subsection (a) or (b) of section 6. inserted in lieu thereof the following: graph. (B) By amending the third sentence Section 506 of the Revenue Act of (5) By inserting “ and” before “to com­ of the second paragraph of paragraph 1943 provides as follows: pensation for services” in the fifth para­ graph and by striking from such para­ (a) to read as follows: S e c . 506. R e p e a l o f c e r t a il p r o v is io n s o f graph the following: Such election shall be made on the re­ THE CURRENT TAX PAYM ENT ACT OF 1943 RELAT­ turn and shall be conditioned upon the ING TO INCREASED INCOME. , and to income derived from a business formerly operated under the corporate payment at such time of at least the tax (a) In General. Section 6 (c), (d) (4), (d) form shown on such return less (1) the (5 ), and (e) (2) ofT;he Current Tax Payment amounts withheld at source or otherwise Act of 1943 is repealed. (B) By amending the first sentence paid and (2) one-half of the increase (b ) Technical amendments. (1) Section of paragraph (b) to read as follows: ' made therein under section 6 (a) or (b) 6 (d) (2) of the Current Tax Payment Act of 1943 is amended (A) by striking out “(a), For the purposes of section 6, the term (2 ). (b ) , and (c) ” and inserting in lieu thereof “ taxable year 1942” means the taxable (C) By striking out paragraph (b). “ (a) and (b )”, and (B) by striking out “sub^ year beginning in 1942, the term “ tax­ sections (b ) and (c )” and inserting in lieu able year 1943” means the taxable year (Sec. 62 of the Internal Revenue Code thereof “subsections (a) and ( b ) .” beginning in 1943, and such terms shall (53 Stat. 32; 26 U.S.C., 1940 ed., 62), sec. (2) Section 6 (d) (3) and (7) of such not include any period of less than twelve 6 of the Current Tax Payment Act of 1943 Act is amended by striking out wherever months unless occasioned by the death (Pub. Law 68,78th Cong.), approved June appearing in each such paragraph “(a), (b), of the taxpayer or unless there is no 9, 1943, and sec. 506 of the Revenue Act and (c)” and inserting in lieu thereof “(a) of 1943 (Pub. Law 235, 78th Cong.), en­ and ( b ) ." taxable year of twelve months beginning (3) Section 6 (d) (6) of such Act is in 1942 or in 1943, as the case may be. acted February 25,1944) amended by striking out “(a), (b) (2), or (C) By amending paragraph (c) as [ se al] J o seph D. N u n a n , Jr., (c) ” and inserting in lieu thereof “(a) or Commisisoner of Internal Revenue. follows: (b ) (2 ).” Approved: April 19, 1944. (c) Effective date. The amendments made (1) By striking out “ section 294 (a) by this section shall be effective with respect .(3 ), (4), and (5 )” and inserting in lieu J o h n L. S u l l iv a n , to taxable year beginning after December thereof “section 294 (d) ” . Acting Secretary of the Treasury. 31, 1942, and before January 1, 1944. (2) By striking out “and the addi­ tional increase under subsection (c )”. [F. R. Doc. 4-5668; Filed, April 20, 1944; Pursuant to the above-quoted provi­ 4:07 p. m.j (3) By striking out “subsections (a ), sions of the Curent Tax Payment Act of (b) (2) and (c) of section 6” and in­ 1943 and the Revenue Act of 1943, the serting in lieu thereof “subsections (a) following regulations are ifereby pre­ and (b) (2) of section 6”. TITLE 29—LABOR scribed: P ar. 4. Section 36.2, as amended by P ar. 3. Section. 36.1, as amended by Treasury Decision 5309, is further Chapter V—Wage and Hour Division . Treasury Decision 5309, is further amended by striking from the first sen­ P art 522—E m p l o y m e n t o f L earners amended: tence thereof “ , without reference to the (A ) By amending paragraph (a) as base year,” . CIGAR INDUSTRY IN CONTINENTAL UNITED follows: P ar. 5. Section 36.3, as amended by STATES (1) By striking from the first para­ Treasury Decision 5309, is stricken out. The following regulations, Part 522, graph the following: P ar. 6. Section 36.5 is amended as §§ 522.200 to 522.211 (Regulations Appli­ follows: , and by a smaller percentage where cable to the Employment of Learners in (A) By striking from the first sen­ the Cigar Industry in the Continental the surtax net income for 1942 or 1943 tence “ and whether the additional in­ exceeds by more than $20,000 the surtax United States) are hereby issued pur­ crease in the tax for the taxable year net income of the taxpayer for any one suant to section 14 of the Fair Labor 1943 provided in subsection (c) of sec­ Standards Act of 1938, and § 522.4 of of the years 1937, 1938, 1939, and 1940 tion 6 is applicable” . which he may select regulations, Part 522, as amended, issued (B) By striking from the third sen­ thereunder, and shall become effective (2) By striking from the second para­ tence “subsection (a) or (b) or (c) of upon my signing the original and upon graph “ : (1 )” after “increased by” and section 6” and inserting in lieu thereof the publication thereof in the F ederal the following: “subsection (a) or (b) of section 6”, R egister, and shall continue in force and (C) By striking out the second, third, effect until hereafter modified. ; and (2) if the surtax net income for fourth, and fifth paragraphs thereof. the base year plus $20,000 is less than that P ar. 7. Section 36.6 is amended as fol­ Sec. for the taxable year 1942, the excess of 75 lows : 522.200 Scope of the regulations. percent of the tax for the taxable year (A ) By striking from the first sentence 522.201 Conditions upon which special learner certificates may be ob­ 1942 (determined without regard to sec­ “subsections (a ), (b), and (c) of section tion 6 and without regard to interest and tained. 6” and inserting in lieu thereof “sub­ 522.202 Learner occupations. additions to the tax) over a tentative tax sections (a) and (b) of section 6”. 522.203 Learning periods. for the taxable year 1942 computed upon (B) By striking from the second para­ 522.204 Subminimum rates. an amount equal to the surtax net income graph “ and by $10,000 by reason of the 522.205 Number or proportion of learners. for the base year plus $20,000 application of subsection (c) (2) of sec­ 622.206 Effective period of certificates. FEDERAL REGISTER, Saturday, A p ril 22, 1944 4331

Sec. mum Wage rates for any periçd in pack­ tion, shall attach to his application a 522.207 Removal of plant or transfer of pro­ ing cigars retailing for six cents or less. signed statement giving the following duction. (b) I f a worker who is being trained information for the purpose of enabling 522.208 Employment of experienced workers in any machine occupation has been em­ the Wage and Hour Division to deter­ as learners prohibited. ployed in that same occupation within 522.209 Employment of learners prohibited mine whether there is satisfaction of where experienced workers are the previous two years, the hours of such the conditions prescribed by § 522.201: available. employment shall be deducted from the (a) Name, location and products of 522.210 Definitions of terms. maximum learning period. If a worker the plant from which applicant is mov­ 522.211 Status of certificates issued under who is being trained in any hand occupa­ ing or is transferring production. existing regulations. tion has been employed in that same (b) Average and minimum wage rates A u t h o r it y : §§ 522.200 to 522.211, inclusive, occupation within the previous five years, paid at such plant. issued under sec. 14, 52 Stat. 1068; 29 U.S.C. the hours of such employment shall be (c) Reasons for removal or transfer 214. deducted from the maximum learning of production. period for that occupation. § 522.200 Scope of the regulations. § 522.208 Employment of experienced The following provisions are applicable § 522.204 Subminimum rates, (a) workers as learners prohibited. No ex­ to the .employment of learners in the The subminimum rates which may be perienced worker shall be employed cigar industry in the continental United authorized in special certificates issued under the terms of a special learner States and are supplemental to Regula­ in the cigar industry shall be not less certificate. than 30 cents per hour in the occupations tions, Part 522 (Regulations Applicable § 522.209 Employment of learners to the Employment of Learners Pursuant of cigar machine operating and cigar prohibited when experienced workers are packing; not less than 30 cents per hour to section 14 of the Fair Labor Standards available. No learner shall be employed for the first 480 hours and 35 cents per Act of 1938) as amended. under a special learner certificate if at hour thereafter in the occupations of § 522.201 Conditions upon which spe­ hand! rolling and hand bunch making; the time such employment begins an ex­ cial learner certificates may be granted. not less than 30 cents per hour for the perienced worker who is capable of Upon application to the. Administrator first 320 hours and 35 cents per hour equaling the performance Qf a worker of of the Wage and Hour Division, special thereafter in the occupation of making ordinary or minimum skill is available certificates authorizing the employment Italian stogies; and not less than 30 cents for employment. of learners at subminimum wage rates in per hour in the occupations of hand § 522.210 Definitions of terms, (a) the cigar industry may be issued, to the stripping and machine stripping. “New plant” means a plant which is extent necessary in order to prevent cur­ (b) In establishments where experi­ tailment of opportunities for employ­ newly established and is being operated enced workers are paid on a piece rate for the first time, or which has not been ment, by the Administrator or his au­ basis, learners shall be paid the same operated more than eight months and thorized representative under the fol­ piece rates that experienced workers en­ lowing terms, when it appears that expe­ in which a substantial number of work­ gaged in the same occupation are paid ers must be trained for the manufacture rienced workers are not available to an and earnings shall be based on those of the products of the plant. employer making application for a spe­ piece rates if in excess of the submini­ cial learner certificate and that the is­ (b) “Expanding plant” means a plant mum rates established in paragraph (a) which is being expanded by the installa­ suance of a special certificate will not above. create unfair competitive labor cost ad­ tion of additional mechanical equipment vantages or impair or depress working § 522.205 Number or proportion of or other production facilities, by again standards established for experienced learners, (a) Special certificates may be placing into operation machinery which workers for work of a like or comparable issued to meet normal labor turnover has been idle for an appreciable period character in the industry. For the dura­ needs authorizing the employment of or by adding an additional shift. tion of the war emergency an applicant learners in any authorized learner occu­ (c) A learner in any machine occupa­ for a learner certificate must also meet pation, not to exceed on any one work tion authorized in § 522.202 is a worker the conditions contained in section I d ) day more than ten percent of the total whose experience within the previous of Administrative Order 181. (8 F.R. number of workers engaged in that two years in that occupation is less than 3079) occupation. the learning period authorized for that (b) Special certificates may be issued occupation in § 522.203. § 522.202 Learner occupations. Spe­ to new or expanding plants authorizing (d) A learner in any hand occupation cial certificates may be issued authoriz­ the employment of learners in authorized authorized in § 522.202 is a worker whose ing the employment of learners in the occupations to the extent of need. experience within the previous five years cigar industry in the occupations of cigar (c) For the duration of the war emer­ in that occupation is less than the learn­ machine operating; cigar packing; hand gency the provisions of section I (3) of ing period authorized for that occupa­ bunch making; hand rolling; making Administrative Order No. 181 (8 F.R. tion in § 522.203. Italian stogies; hand stripping; and ma­ 3079) relating to the issuance of cer­ (e) An experienced worker in any ma­ chine stripping. tificates to meet abnormal labor turnover chine occupation authorized in § 522.202 § 522.203 Learning periods, (a) The needs, shall be applicable to the employ­ is a worker whose experience within the maximum learning period which may be ment of learners in authorized learner previous two years in that occupation authorized in special certificates issued occupations in this industry. is equal to or greater than the learning in the Cigar Industry for cigar machine § 522.206 Effective period of certifi­ period authorized for that occupation in operating is 320 hours; for hand rolling, cates. (a) Special certificates issued to § 522.203. 960 hours; for hand bunch making, 960 meet labor turnover needs may be issued (f) An experienced worker in any hours; for making Italian stogies, 640 for a period not longer than one year. hand occupation authorized in § 522.202 hours; for hand stripping, 160 hours; for (b) Special certificates issued to new is a worker whose experience within the machine stripping, 160 hours; for pack­ or expanding plants may be issued for a previous five years in that occupation is ing cigars retailing for more than six period not longer than necessary to com­ equal to or greater than the learning cents, 320 hours; and for packing cigars plete the training of the total number of period authorized for that occupation in retailing for six cents or less, 160 hours: learners required by the new or expand­ § 522.202. Provided, however, That a worker expe­ ing plant. (g) “Experienced worker available for rienced in the packing of cigars retailing employment” means an experienced for six cents or less may be trained as a § 522.207 Removal of plant or transfer worker residing within the area from learner in packing cigars retailing for of production. An applicant for a spe­ which the employer customarily draws more than six cents for not more than cial learner certificate for expansion pur­ his labor supply or an experienced worker 160 hours, and that a worker with 160 poses, who is moving from a plant in who has in fact made himself available hours or more of experience in the pack­ another location or is transferring pro­ to an employer at his plant or place of ing of cigars retailing for more than six duction from such plant, or who has employment and has signified readiness cents may not be restrained at submini­ recently so moved or transferred produc­ to accept employment. 4332 FEDERAL REGISTER, Saturday, April 22, 1944

(h) For the purpose of these regula­ § 802.38. Petitions for review. Within with the same effect as is provided in tions the cigar industry is defined as fourteen days after an agent of the Board § 802.37 above. The order or ruling as consisting of: mails to a party a directive order in a modified shall be subject to review in 1. The cigar manufacturing branch of the dispute case or a ruling denying or modi­ accordance with the provisions of cigar industry; and fying an application for approval of a §§ 802.38 and 802.39 above, except that 2. The leaf processing branch of the cigar voluntary wage or salary adjustment, the period prescribed therein for filing a Industry, which are defined as follows: such party may mail to the agent of the petition for review or answer thereto (1) “The cigar manufacturing branch Board which issued the directive oxder shall be seven instead of fourteen days. of the Cigar Industry” means the manu­ or ruling an original and four copies of (E.O. 9017, 7 F.R. 237, E.O. 9250, 7 F.R. a petition, including supporting docu­ facturer of cigars, from any types of 7871, War Labor Disputes Act. P. L. 89, ments, seeking review by the National tobacco. 78th Cong.) The term “cigar” wherever used in this War Labor Board of such ruling or direc­ tive order. The petition shall (1) state Adopted April 7, 1944. definition comprehends all types of the petitioner’s reasons for believing that cigars, including chproots, stogies, and T heodore W . K h e e l , little cigars. one or more of the criteria set-forth be­ , Executive Director. low is satisfied, (2) set forth fully and The manufacture of cigars from nofi- in detail the contentions of the petitioner [P. R. Doc. 44-5671; Piled, April 20, 1944; cigar types of leaf tobacco and the scrap with respect to the merits of each issue 5:11 p. m.) tobacco therefrom includes the prelim­ raised by the petition, with specific ref­ inary processing of such tobacco which erences to any pertinent portions of the is performed in the manufacturing plant record in the case, and (3) state that a as an integral part of the manufacturing copy of the petition has been served upon P art 802—R u l e s of P rocedure operation; and the other parties to the case, and the MISCELLANEOUS AMENDMENTS (2) “The leaf processing branch of date of such service. the Cigar Industry” means the prepara­ No such petition seeking review by the The following sections or portions tion or marketing (including wholesal­ Board of a ruling or directive order of thereof have been amended as indicated: ing) of cigar types of leaf tobacco (as an agent of the Board shall be granted defined by the Bureau of Agricultural § 802.1 The New Case Committee. unless the petitioner has demonstrated * * * Economics of the United States Depart­ by substantial proof that (1) the ruling ment of Agriculture) and the scrap (b) Procedure. The decision of the or order exceeds the Board’s jurisdiction, tobacco therefrom for use in the manu­ majority of the members of the New Case or (2) the ruling or order contravenes facture of cigars and other tobacco Committee with respect to the accept­ products. the established policies of the Board, or ance or assignment of a particular case (3) a novel question is involved of such The term “preparation” as used herein shall be put into effect by the Committee includes all operations involved in mak­ importance as to warrant national ac­ on behalf of the Board, subject to the tion, or (4) the procedure resulting in ing cigar leaf tobacco and scrap tobacco right of any member of the Committee therefrom suitable for use in the manu­ the ruling ox order was unfair to the to refer the matter to the Board, and petitioner, and has caused substantial facture of cigars, whether performed by the right of the Board to review the employees of warehousemen, manufac­ hardship. The party filing a petition action of the Committee on its own turers, leaf' dealers, or others. It in­ shall at the same time serve a copy there­ motion. of, together with any supporting docu­ cludes, but not by way of limitation, the § 802.37 Stay of order or ruling of an operations of grading, sorting, packing, ments, upon each of the other parties to the proceeding. agent of the Board. * * * sweating, fermenting, stemming, and (b) Directive orders in dispute cases. conditioning. It does not include, how­ § 802.39 The answer. Within fourteen (1) Agents of the Board shall issue their ever, such preliminary processing of days after a copy of such a petition for directive orders to the parties when cigar types of tobacco or scrap tobacco review is mailed by th6 petitioning party made. The issuance of any provision of a therefrom as is performed in a manu­ to any other party to the case, such other directive order, however, which relates to facturing plant as an integral part of party may mail an answer to the petition a wage or salary adjustment, may be the manufacturing operations attending to the agency of the Board which issued stayed if two or more public members of the production of tobacco products other the directive order or ruling. An orig­ the agent dissent from the provision and than cigars, nor does it include opera­ inal and five copies of the answer shall request that its issuance be stayed. In tions performed by a farmer or on a farm be transmitted to such agent of the such event a copy of the directive order as an incident to or in conjunction with Board and a copy shall at the same time and the request, for the stay, together farming operations. be served upon each of the other parties with a statement of the reasons for such § 522.211 Status of certificates issued to the case. Such an answer shall in­ request, shall be immediately transmitted under existing regulations. Special cer­ clude a statement that a copy thereof to the Board. The provision so sought to tificates previously issued authorizing the has been served as required above, and be stayed shall not be issued to the employment of learners at subminimum shall show the date of such service. An parties until the expiration of ten days wage rates in this industry, shall remain answer may not contain a request for after receipt in Washington of the re­ in effect until they expire. review of an order or any part thereof; quest for the stay, unless (i) the issuance such a request must be filed, if at all, in of such provision is earlier approved by Signed at New York, New York this the form of a petition for review in the the Board or (ii) within such ten-day 19th day of April 1944. manner and within the time limit pro­ period the Board sets the case down for L. M etcalf W a l l in g , vided in § 802.38 above. Each answer review. In the latter event, the Execu­ Administrator. should state fully but concisely the re­ tive Assistant to the Board shall com­ [P. R. Doc. 44-5656; Piled, April 20, 1944; spondent’s reasons for believing (1) that municate the Board’s action to the agent 2:26 p. m.] the petition* ought not to be entertained, of the Board, and the stay shall continue and (2) that, if the Board decides to en­ in effect until the case is finally dis­ tertain the petition, the petition should posed of. be denied on the merits. (2) If after the issuance of a directive Chapter V I—National War Labor Board order by an agent of the Board, no timely 1802.39a Petitions for review of P art 802—R u l e s o f P rocedure petition for review is filed within the rulings or directive orders modified upon period prescribed in § 802.38, below, and MISCELLANEOUS AMENDMENTS reconsideration. If the ruling or direc­ if the Board within such a period does The following amendments to tive order issued by an agent of the not review the agent’s order on its-own §§ 802.38, 802.39, and a new section, Board is modified by such agent in re­ motion, the order shall on the day fol­ § 802.39a, have been adopted by the sponse to a petition for reconsideration lowing the last day for filing such a peti­ Board. These amendments apply to all or upon its own motion, the agent shall tion, stand confirmed as the order of the rulings and directive orders issued on or issue to the parties such ruling or order, Board and shall immediately be effective after May 1, 1944. as modified, in the same manner and according to its terms: Provided, That FEDERAL REGISTER, Saturday, A p ril 22, 1944 4333 the Board may at any time prior to the directives on appeals from directives of (E.Ó. 9017, 7 P.R. 237, E.O. 9250, 7 F.R. expiration of the time for the filing of a a Board agent) . (See § 802.13) 7871, War Labor Disputes Act, P.L. 89, petition for review make such an order, § 802.47 Requests for interpretation 78th Cong.) or any part thereof, immediately effec­ and clarification of Board rulings ( other Adopted Aprii 4, 1944. tive pending any further proceedings. than rulings on appeal from rulings of (3) If a timely petition for review of T heodo re W . K h e e l , a Board agent). If, after the issuance Executive Director. a directive order of an agent of the Board by the Board of a ruling on an applica­ is filed by a party in accordance with the tion for a voluntary wage or salary ad­ [F. R. Doc. 44-5872; Filed, Aprii 20, 1944; provisions of § 802.38, below, or if the justment, a question arises concerning 5:11 p. m.] Board reviews such an order on its own the interpretation of any provision of motion, the entire order shall be sus­ the ruling, any party to the application pended, unless and until, the Board may file with the Board five copies of directs, or has directed, otherwise, or the a request for clarification or interpreta­ Chapter IX—War Food Administration parties otherwise agree. However, the tion of the ruling, provided that a copy (Agricultural Labor) date of expiration of the escape period of such request is at the same time trans­ [Specific Wage Ceiling Reg. 4] fixed in a directive order of an agent of mitted by such party to all other parties the Board granting a maintenance of to the application, and notice of the P art 1102— S alaries and W ages o f A gr i­ membership provision shall not be af­ date of such transmittal is included in c u lt u r a l L abor i n t h e S tate o f C a l i­ fected by the filing of a petition for re­ the request. Such other parties shall f o r n ia view of this or any other provision of the have ten days from the date of the re­ order. ceipt of a copy of the request in which w o r k e r s engaged i n tree p ic k in g (4) If only a part of the order is sought to mail comments thereon to the Board. ORANGES IN CERTAIN CALIFORNIA COUNTIES to be reviewed, any party may petition The request and the comments thereon § 1102.4 Wages of workers engaged in the Board to make the rest of the order shall be referred to the Post-Directive immediately effective according to its tree picking oranges of Valencia variety Committee (see § 801.12) which shall ex­ in Fresno, Tulare and Kern counties, terms. The parties may in any case mu­ amine the same in the light of the record tually agree upon the date when the State of California. Pursuant to § 4001.7 in the case. If the Committee reaches of the regulations of the Director of the order, or any part thereof, shall take ef­ a unanimous decision as to the meaning Office of Economic Stabilization relating fect, except that where a wage or salary of the Board’s ruling, the decision shall to wages and salaries issued August 28, adjustment is made subject to the ap­ be communicated to the parties. Where 1943 (8 P.R. 11960, 12139, 16702) and to proval of the Economic Stabilization the decision of the Committee is not the regulations of the War Food Ad­ Director, the parties may not by their unanimous, or in any case where a mem­ ministrator issued January 20, 1944 (9 agreement make such adjustment effec­ ber of the Committee so requests, the F.R. 831), entitled “Specific Wage Ceiling tive prior to the date of such approval. question shall be presented by the Chair­ Regulations” and based upon relevant man of the Committee to the Board for § 802.43 Reconsideration. of B o a r d facts submitted by the California WFA its determination. orders or rulings in appeals cases, (a) Wage Board and obtained from other When, pursuant to § 802.42, above, the § 802.48 Petitions for reconsideration sources, it is hereby determined that': Board has issued a directive order or of Board rulings (other than rulings on (a) Areas, crops, and classes of ruling adopting as its own the order or appeals from rulings of a Board agent). workers. Persons engaged in tree pick­ ruling of its agent, the directive order A petition for reconsideration of a ruling ing Valencia oranges in the counties of shall, and the ruling may, immediately of the Board on an application for ap­ Fresno, Tulare and Kern, State of Cali­ upon its issuance, be placed into effect in proval of a voluntary wage or salary ad­ fornia, are agricultural labor as defined accordance with its terms. In such cases, justment may be filed by any party to in § 4001.1 (a) of the regulations of the a petition for reconsideration of the the application within fourteen days Director of the Office of Economic Sta­ Board’s action will not be entertained. after the issuance of such ruling, pro­ bilization issued on August 28, 1943 (8 (b) (1) When, pursuant to § 802.42, vided that a copy of such petition is at FJFt. 11960, 12139) as amended on De­ above, the Board has issued a directive the same time mailed by the petitioner cember 9, 1943 (8 F.R. 16702). order or ruling reversing or modifying to all other parties to the application, and (b) Wage rates; maximum wage rates the order or ruling of its agent, the order notice of the date of mailing is included for tree picking oranges of Valencia or ruling of the Board shall be effective in the petition. Such petition shall be variety— (1) Tree picking oranges of in accordance with its terms. A petition filed with five copies thereof, and shall Valencia variety— 150 per standard field for reconsideration of any provision of set forth fully the reasons for requesting box or equivalent cubic inch capacity. the Board’s order or ruling which effects reconsideration of the application. The Where other than standard field box is a change in the order or ruling of the other parties to the application shall have unit of measure the respective maximum agent may be mailed to the Board by ten days from the date of the receipt of rates shall be equivalent to standard field any party within fourteen days from the a copy of the petition in which to mail box rates specified herein. date that the order or ruling was mailed to the Board comments thereon. The pe­ (c) Administration. The California to such party. Such petition, if filed, tition and the comments thereon shall WFA Wage Board located at 2288 Fulton shall be in writing and shall be accom­ be referred to the Post-Directive Com­ Street, Berkeley, California, will have panied by four copies, and additional mittee, which shall examine the petition charge of the administration of this order copies thereof shall be served on the in the light of the record in the case and in accordance with the provisions of the other parties to the case and upon the shall make a recommendation to the Specific Wage Ceiling Regulations issued appropriate agent of the Board. The fil­ Board on the question involved. The by the War Food Administrator January ing of such a petition shall not stay any Chairman of the Committee shall present 20, 1944 (9 F.R. 831). provision of the Board’s orders or rulings, the-petition to the Board together with (d) Applicability of specific wage ceil­ unless the Board so directs. the recommendation of the Committee. ing regulations. This specific wage RECONSIDERATION AND CLARIFICATION OF The Board will either grant or deny the ceiling regulation No. 4 shall be deemed ORDERS AND RULINGS OF THE BOARD petition. If the petition is granted, the to be a part of the Specific Wage Ceiling Regulations issued by the War Food Ad­ case will be reconsidered and such dis­ § 802.45 Interpretation and clarifica­ ministrator on January 20, 1944 (9 F.R. position made or further procedure or­ tion of Board directives in dispute cases 831), and any violation of this specific (other than directives on appeals from dered therein as the Board may wage ceiling regulation No. 4 shall consti­ directives of a Board agent). (See determine. tute a violation of such specific wage § 802.12) § 802.49 Reconsideration of Board or­ ceiling regulations. § 802.46 Reconsiderat ion • of Board ders or rulings in appeals cases. (See (e) Termination. This specific wage directives in disputes cases (other than § 802.43) ceiling regulation No. 4 shall expire at 4334 FEDERAL REGISTER, Saturday, April 22, 1944

11:59 p. m. Pacific war time July 31,1944: ery of aluminum from a holder of idle wilfully conceals a material fact or fur­ Provided, however, That the provisions of or excess inventories by a “special sale1’ nishes false information to any depart­ this specific wage ceiling regulation No. under Priorities Regulation No. 13. He ment or agency of the United States is 4, after that time, shall continue to re­ no longer needs authorization of the War guilty of a crime, and upon conviction main in full force and effect for the pur­ Production Board to make such a pur­ may be punished by fine or imprison­ pose of allowing or sustaining any suit, chase, but the aluminum, once acquired, ment. In addition, any such person may action, prosecution, or administrative or may only be disposed of as provided in be prohibited from making or obtaining other proceeding theretofore or there­ CMP Regulation No. 4 dealing with dis­ further deliveries of, or from processing after commenced with respect to any tributors. or using, material under priority control violation committed or right or liability (2) Purchase from a producer. A dis­ and may be deprived of priorities as­ accruing under or pursuant to the terms tributor may obtain delivery of alumi­ sistance. of those provisions of this specific wage num from a producer only after re­ (3) Special instructions. The War ceiling regulation No. 4. ceiving the specific authorization in writ­ Production Board may from time to ing of the War Production Board to time issue instructions to distributors (56 Stat. 765, 50 U.S.C. App. 961 et seq.; do so. The specific authorization of the with respect to making, withholding, ac­ Pub. Law 34, 78th Cong.; E.O. 9250, 7 F.R. War Production Board will include writ­ cepting or refusing deliveries. 7871; E.O. 9328, 8 F.R. 4681, regulations ten authorization to the distributor to (4) Applicability of regulations. This of the Director of Economic Stabilization, use on his purchase orders for aluminum order and all transactions affected there­ 8 F.R. 11960, 12139, 16702; regulations of placed with producers or other distribu­ by are subject to all applicable regula­ the War Food Administrator, 9 F.R. 655, tors an AM symbol in either the 9500 tions of the War Production Board as 9 F.R. 831) or 9600 series. Assignments of AM num­ amended from time to time. Issued this 20th day of April 1944. bers made prior to the issuance of this order shall remain in effect and consti­ issued this 21st day of April 1944. W ilson R. B u ie , tute authorization to obtain delivery of W ar P roduction B oard, , Acting Director, Office of Labor. aluminum from a producer to the extent By J. Joseph W helan, [F. R. Doc. 44-5663; Filed, April 20, 1944; provided below. The use of these AM Recording Secretary. 3:24 p* m.] numbers is subject to any conditions im­ [F. R. Doc. 44-5686; Filed, April 21, 1944; posed by the War Production Board. 11:16 a. m.] Orders on a producer bearing the sym­ bol AM and a number in the 9500 series TITLE 32—NATIONAL DEFENSE must, within the limit specified in the CMP Regulation No. 1, paragraph (t) and P art 1123— Shellac Chapter IX—War Production Board Direction 23 to that regulation, be ac­ [Allocation Order M-106, Revocation] Subchapter B—Executive Vice-Chairman cepted and filled by the producer as if Section 1123.1 Allocation Order they were authorized controlled material M-106 is hereby revoked. A u t h o r it y : Regulations in this subchapter orders. Orders on a producer bearing This action shall not be construed to issued under sec. 2 (a ), 54 Stat. 676, as the symbol AM and a number in the 9600 amended by 55 Stat. 236 and 56 Stat. 176; affect in any way any liability or penalty E.O. 9024, 7 F.R. 329; E.O. 9125, 7 F.R. 2719; series may, but need not, be accepted by accrued or incurred under said Order W.P.B. Reg. 1 as amended March 24, 1943, a producer; but any part of the order M-106. 8 F.R. 3666, 3696; Pri. Reg. 1 as amended May which is accepted must be filled as if it This revocation shall take effect April 15, 1943, 8 F.R. 6727. were an authorized controlled material 26, 1944. order.1 Issued this 21st day of April 1944. P art 921—A l u m in u m and M agnesium Applications for authorization to place [Supplementary Order M -l-j] orders for aluminum on a producer and W ar P roduction B oard, other distributors shall be made by letter B y J . Joseph W h elan, ALUMINUM DISTRIBUTORS Recording Secretary. in duplicate setting forth the relevant The fulfillment of requirements - for facts. [F. R. Doc. 44-5688; Filed, April 21, 1944; the defense of the United States has (3) Purchase from another distribu­ 11:16 a. m.] created a shortage of aluminum for de­ tor. A distributor who has been issued fense, for private account, and for ex­ an AM number in either the 9500 or 9600 port; and the following order is deemed series may place an order for aluminum necessary and appropriate in the public with another distributor. The other dis­ P art 1226— G eneral I ndustrial interest and to promote the national de­ tributor may, but need not, fill any such Equipm ent fense: order. [Conservation Order M-28-a] § 921.12 Supplementary Order M -l- (c) Reports. Each distributor shall MONOCHLORODrPLUOROMETHANE j— (a) Definitions. For the purpose of file monthly Form WPB-2538 dealing with orders accepted by the distributor The fulfillment of requirements for the this order: defense of the United States has created (1) “Aluminum” means aluminum in and Form WPB-2685 dealing with ship­ a shortage in the supply of materials and any of the forms and shapes constitut­ ments and unfilled orders, and any other facilities for the production of mono- ing controlled material as defined in reports that may be required from time chlorodifluoromethane for defense, for CMP Regulation No. 1, except ingot, pig, to time by the War Production Board, subject to the approval of the Bureau of private account and for export; and the slabs, billets, shot and similar other raw following order is deemed necessary and forms. the Budget under the Federal Reports appropriate in the public interest and to (2) “Distributor” means any person Act of 1942. promote the national defense. who has received or proposes to receive (d) General Provisions— (1) Commu­ physical delivery of aluminum into his nications to War Production Board. All § 1226.28 Conservation Order stock for sale or resale in the same form, communications concerning this order M-28-a— (a) Systems for which no de­ or after performing such operations as should be addressed to the Warehouse liveries of monochlorodifluoromethane cutting to length, shearing to size, sort­ Section, Aluminum and Magnesium Di­ (F-22 gas) are permitted. No person ing and grading. vision, War Production Board, Washing­ (including users, dealers, and other sup­ (3) “Producer” means any person who ton 25, D. C., Reference M -l-j. pliers and producers) shall knowingly manufactures aluminum. (2) Violations. Any person who wil­ deliver, or accept delivery of, any F-22 (4) “Delivery” includes deliveries re­ fully violates any provision of this order, gas (monochlorodifluoromethane, some­ ceived on consignment. or who, in connection with this order times called “Freon-22” ) for use in, or for (b) Acquisition of aluminum. A dis­ 1 It is the intention of the War Production resale for use in any new or used system tributor may obtain delivery of alumi­ Board to issue AM numbers in the 9500 series which is of a type referred to in List A num in any of the following ways: only to a distributor who was authorized to of Conservation Order M-28. (1) Purchase of idle or excess inven­ order aluminum from producers prior to (The above restriction applies not only tories. A distributor may obtain deliv­ April 1, 1944. to systems used for ordinary civilian pur- FEDERAL REGISTER, Saturday, April 22, 1944 4335 poses, but also to those owned, operated, General Industrial Equipment Division, order should be addressed to the General or used within the continental United Washington 25, D. C„ Ref. M-28-a. Industrial Equipment Division, War States by the Army, Navy, Maritime Issued this 21st day of April 1944. Production Board, Washington 25, D. C., Commission or War Shipping Adminis­ W ar P r o d u c tio n B oard, Ref: L-193-a. tration, including post exchanges and By J. Jo s e ph W h e l a n , Issued this 21st day of April 1944. ships service stores, other than those Recording Secretary. used aboard ships.) W ar P r o d u c t io n B oard, (.b) User’s orders must.be certified. [F. R. Doc. 44-5687; Piled, April 21, 1944; ' By J. Jo se ph W h e l a n , Whenever the owner of a system or any 11:16 a. m.] Recording Secretary. other user wishes to obtain F-22 gas for [F. R, Doc. 44-5683; Filed, April 21, 1944; installation in a system or systems for 11:16 a. m.] which delivery and use of F-22 gas is not P art 1226— G ener al I n d u s t r ia l E q u ip ­ prohibited tinder (a) above, he may place his order with any supplier for the quan­ m e n t P art 3175—R e g u lat io n s A pplic able to [Supplementary Order L-193-aJ tity needed in his current operations, and th e C o ntro lled M aterials P lan which will not cause the purchaser to SPROCKET CHAIN, SPROCKET CHAIN ATTACH­ have more than a minimum practicable [CMP Reg. 4, as Amended Feb. 10, 1944, MENT LINKS AND SPROCKET CHAIN - Arndt. 1] working inventory, as defined in § 944.14 WHEELS of Priorities Regulation 1. He must cer­ 1. In the first unnumbered paragraph tify his order, or the vendor’s delivery The fulfillment of requirements for the of paragraph (d) (4) (ii) insert “ any receipt, by a certificate endorsed on or defense of the United States has created kind or type of” between “ cannot re­ attached to it, showing that the F-22 gas a shortage in the supply of sprocket ceive” and “steel from producers” in the is to be used for such purposes only, in chain, sprocket chain attachment links second sentence. Add at the end of the substantially the following form: and sprocket chain wheels for defense, second sentence of the same paragraph for private account and for export; and The undersigned purchaser certifies to the the following new sentence: “Conse­ seller and the War Production Board that the the following order is deemed necessary quently, in general, a person should plan F-22 gas covered by this order will not be and appropriate in the public interest to buy all his steel either under this used or resold for any purposes prohibited by and to promote the national defense. paragraph or on authorized controlled Order M-28-a. § 1226.53 Supplementary Limitation material orders, but not both”. Such certificate, which must be signed by Order L-193-a— (a) Definitions. The 2. Amend paragraph (g) (2) to read as the purchaser or his authorized official, definitions in General Limitation Order follows: will constitute â representation that L-193 do not apply to this order. For (g) (2) “Distributor” means any per­ what is stated in it is true. A supplier the purpose of this ’ 'order “sprocket son who has received or proposes to re­ must not deliver any F-22 gas except chain” means any chain, except ladder ceive physical delivery of aluminum Into under certified orders; and he must not chain, designed for the purpose of op­ his stock for sale or resale in the same make delivery" under any order which is erating over toothed sprocket wheels. form, or after performing such opera­ certified if he knows, or has any reason (b) Inventory limitations. No person tions as cutting to length, shearing to to believe that the certificate is untrue, shall in the course of his business accept size, sorting and grading. incomplete, or inaccurate. In such a delivery of any sprocket chain» sprocket case the supplier must reject the order, chain attachment links or sprocket chain 3. Amend paragraph (h) (1) to read and should explain why he is doing so, wheels if his total inventory will after as follows: so that the prospective purchaser can acceptance, exceed what he reasonably (h) (1) Deliveries of aluminum by dis­ comply with this order. The supplier expects to use in his authorized opera­ tributors. Each distributor shall, to the must keep all accepted orders and cer­ tions, or resell, during the succeeding 45 extent of his available stock, fill au­ tificates which he receives for a period of days. No person may deliver sprocket thorized controlled material orders, two years, for inspection by the War Pro­ chain, sprocket chain attachment links, orders bearing the symbol AM, and duction Board. or sprocket chain wheels if he knows or orders which he has been specifically (e) Miscellaneous provisions■—(1) Ap­ has reason to believe that such delivery directed in writing by the War Produc­ plicability of regulations. This order will increase the recipient’s inventory tion Board to fill (i) except that he may and all transactions affected thereby are above this 45 day limitation. reject any such order calling for delivery subject to all applicable regulations of (c) Exemptions. The provisions of at any one time, to any one person at any the War Production Board, as issued and paragraph (b) do not apply to Army one destination, of more than 2,000 lbs. amended from time to time. maintenance depots, Navy yards, bases, of anj^age, alloy and size of aluminum (2) Violations. Any person who wil­ stations and depots. sheet, or more than 900 lbs. of any alloy, fully violates any provisions of this order, (d) Violations. Any person who wil­ shape and size of aluminum wire, rod or or who, in connection with this order, fully violates any provision of this or­ bar, or more than 600 lbs. of any alloy, wilfully conceals a material fact or fur­ der, or who wilfully furnishes false in­ size or shape of aluminum tubing, ex­ nishes false information to any depart­ formation to the War Production Board trusions or structural shapes and (ii) ex­ ment or agency of the United States is in connection with this order is guilty of cept that he also may reject any order guilty of a crime, and upon conviction a crime and upon conviction may be from another distributor. may be punished by fine or imprison­ punished by fine or imprisonment. In Issued this 21st day of April 1944. ment. In addition, any such person addition, any such person may be pro­ W ar P r o d u c t io n B oard, may be prohibited from making or ob­ hibited from making or obtaining "fur­ By J. J o se ph W h e l a n , taining further deliveries of, or from ther deliveries of, or from processing or Recording Secretary. processing or using, materials under pri­ using material under priority control ority control, and may be deprived of and may be deprived of priorities assist­ [F. R. Doc. 44-5682; Filed, April 21, 1944; priorities assistance. ance by the War Production Board. 11:16 a. xn.] (3) Appeals. Any appeal from the (e) Appeals. Any producer or pur­ provisions of this order, or any direction chaser of sprocket chaifi, sprocket chain thereunder, shall be made by filing a attachment links or sprocket chain P art 3208— S ch ed uled P roducts letter in triplicate, referring to the par­ wheels who believes that the terms of ticular provisions appealed from and this order result in undue hardship may [General Scheduling Order M-293, as. Amended Apr. 21, 1944] stating fully the grounds of the appeal. appeal by letter stating the relief re­ (4) Communications. All communi­ quested and the reasons it is necessary. The fulfillment of requirements for cations concerning this order should be (f) Communications. All appeals and the defense of the United States has addressed to: War Production Board, other communications concerning this created a shortage in the production of No. 81------3 4336 FEDERAL REGISTER, Saturday, A pril 22, 1944

certain products for defense, for private who is excused from filing his shipping (d) Provisions covering Class Y prod­ account, and for export; and the follow­ schedule by the War Production Board, ucts— (1) Authorization of orders re­ ing order is deemed necessary and appro­ must maintainv his proposed shipping quired. No person shall place a purchase priate in the public interest and to pro­ schedule on the forms shown in Column order with a manufacturer and no man­ mote national defense: 2 of the appropriate table if so instructed ufacturer shall accept a purchase order by the War Production Board, otherwise for any Class ¥ product unless the pur­ § 3208.1 General Scheduling Order in such manner that they can be readily chase order is accompanied by specific M-293— (a) Definitions. For the pur­ transferred to that form. * In arranging authorization of the War Production pose of this order: the sequence of shipments on his ship­ Board obtained on the form shown in (1) “M-293 product” means any item ping schedule, unless otherwise directed Column 3 of the appropriate table. If a listed in the tables to this order except by the War Production Board, the manu­ time for shipment is specified in the Table 1. These items are identified in facturer shall be governed by Priorities authorization of the War Production the Tables as Class X ; Class Y and un­ Regulation No. 1 and other applicable Board, a manufacturer must not accept designated. The same products may be orders and regulations of the War Pro­ a purchase order specifying any other designated X and Y and, if so, are subject duction Board. , The shipping dates of shipping time. He must not accept an to the provisions applying to each class. purchase orders which are already part order which will interfere with a previ­ Class X, Class Y and undesignated prod­ of a frozen schedule must not be ously frozen schedule or on which de­ ucts are subject to all other provisions changed. livery cannot be made on the specified of this order. ' - (3) Freezing of X product shipping date because of the requirements of Pri­ (2) “Manufacturer” means any person schedules which are filed. When a man­ orities Regulation No. 1 or any other ap­ to the extent that he is engaged in mak­ plicable order or regulation of the War ufacturer who has not been excused from ing an M-293 product. Production Board. (b) Operations reports. Each manu­ filing, or one who has been excused but (2) Freezing of authorized orders for facturer must file an operations report still wishes to file, files his schedule, that Y products. All authorized purchase or­ on the applicable form shown in Column schedule is automatically frozen under ders for Class Y products which the 1 of the appropriate table in accordance Priorities Regulation 18 on the date it manufacturer accepts, automatically be­ with the instructions accompanying the is filed, for shipments to be made during come a “ frozen schedule” under Prior­ form at the times there shown. If no ities Regulation No. 18, and the manu­ form is designated in Column 1, no oper­ the periods specified in Column 4 of the facturer must schedule his production ations report need be filed. appropriate table. This period begins on and make his shipments so as to meet (c) Provisions covering Class X prod­ the first day of the month after the the schedule without regard to prefer­ ucts— (1) Filing of shipping schedules of schedule is filed. If a previously frozen ence ratings or directions from any gov­ Class X products. Each manufacturer of schedule covers shipments to be made ernmental agency, except that the sched­ ule may be amended by the War Produc­ Class X products must file with the War before the beginning of the period, those tion Board as explained in Priorities Production Board each month his shlp^ shipments remain part of the frozen Regulation 18 and paragraph (g) of this ping schedule, beginning with shipi- schedule. order. ments to be made on and after the first (4) Freezing of X product shipping (3) Authorization of orders for Y of the following month, and other infor­ schedules of manufacturers who are ex­ products placed by distributors. A dis­ mation called for on the form shown in cused from filing and do not file. If a tributor who places a purchase order for Column 2 of the appropriate table, at manufacturer is excused and does not a Class Y product must accompany it the time shown and in accordance with by an authorization as provided in sub- file, his shipping schedule becomes paragraph (1) above. If he wants to buy the instructions accompanying the form, frozen under Priorities Regulation 18 at for immediate resale, the information except when he is excused from filing by the close of business on the date he called for by the application for author­ the War Production Board. A manu­ would have had to file his schedule if he ization must be given about the customer facturer who is so excused from filing is were not excused, and at the close of and not the distributor. The application not excused from complying with para­ may be filled out and filed either by the business on the same day of each month distributor or by the customer. In either graph (f) or any of the other provisions after that. The schedule is frozen for case the distributor must forward the of this order. A manufacturer who has shipments to be made during a period authorization with his purchase order to been excused may, nevertheless, if he of two months, unless a shorter period the manufacturer. If the distributor is wishes, file the Column 2 form with the of time is specified in Column 4 of the buying for stock, he must say so on his War Production Board just as if he had appropriate table, in which case it is application and give all information not been excused. In any case, unless called for by the application form in frozen for the shorter period. This pe­ terms of the type of customers to whom otherwise directed by the War Produc­ riod in either case begins on the first day he expects to sell. A manufacturer must tion Board, the manufacturer in arrang­ of the month following the date on which obtain authorization for the transfer of ing the sequence of shipments on his he would have had to file his schedule if a Y product to a distribution outlet shipping schedules shall be governed by he were not excused. If a previously owned or controlled by him. The term Priorities Regulation No. 1 and other ap­ “ distributor” includes wholesalers, re­ frozen schedule covers shipments to be tailers, jobbers, sales agencies and con­ plicable orders and regulations of the made before the beginning of the period, signees for sale. War Production Board. The shipping those shipments remain part of the (e) Provisions covering undesignated dates of purchase orders which are al­ frozen schedule. products. No manufacturer of an un­ ready part of a frozen schedule must not designated M-293 product nted file the N o t e : Subparagraph (5), formerly (4), re­ be changed. In preparing the Column 2 designated Apr. 21, 1944. form shown in Column 2 of the appro­ form for filing each month the manu­ priate table unless specifically directed (5) Production and shipment of X facturer shall include all purchase orders to do so by the War Production Board products. When a shipping schedule has or unless he chooses to do so. If the received up to the close of business on a become frozen, the manufacturer must manufacturer is directed to file, the date which is as near as practicable to schedule his production and make his shipping schedule shown on the form the date the form is due to be filed. shipments so as to meet the schedule becomes frozen in accordance with the Orders received after the close of busi­ without regard to preference ratings direction. I f the manufacturer is not ness on that date shall not be included on or directions from any governmental directed, but chooses to file the form, the form for that month. agency, except that the schedule may be the shipping schedule shown on it does (2) Maintaining shipping schedules amended by the War Production Board not become a frozen schedule until the of Class X products when not filed. as explained in Priorities Regulation 18 War Production Board specifically di­ Each manufacturer of a Class X product and paragraph (g) of this order. rects the manufacturer that it is one. FEDEËÂL REGISTER, Saturday, A p ril 22, 1944 4337

(f) Special reporting provisions cou- ders for, or the shipment of M-293 order restricts delivery of new, used and ering certain M-293 products— (1) Re­ products. reconditioned paper mill machinery. ports of requirements "by purchasers of (h) Deviations from a frozen sched­ (b) Definitions. For the purpose of M-293 products. Any claimant agency ule. If a manufacturer is unable to ful­ this order “paper mill machinery” means listed on Table 1 may instruct its prime fill on time a frozen schedule of any all new, used and reconditioned ma­ contractor (or the prime contractor of M-293 product, he must make shipments, chinery and equipment used in the pro­ a procuring agency which the claimant so far as practicable, in the sequence duction and processing of pulp, paper agency represents) who is purchasing required by the schedule. In any case and paperboard, including container- M-293 products required in his prime where the manufacturer foresees an ap­ board and converted paper products. It contracts, or any other person purchas­ preciable delay in or acceleration of pro­ includes parts for repair and mainte­ ing M-293 products except for incor­ duction, the manufacturer must notify nance, but does not include the follow­ poration into other M-293 products the War Production Board of the reason ing: Container machinery as defined in manufactured by himself, to file with for the delay or acceleration and the re­ General Limitation Order L-332 or the claimant agency a report on Form vised dates on which he expects to be Graphic Arts machinery as defined in WPB-3003 or other form approved for able to make shipments under each pur­ General Limitation Order L-226. the purpose by the Bureau of the Budget. chase order affected. The manufacturer It must be noted that deliveries of In such a case the person must file the shall notify the War Production Board, parts for paper mill machinery are also form giving the information called for either by letter or telegram, at his op­ subject to any applicable provisions of concerning the purchase orders which tion. other limitation orders. he has placed or will place for each (i) Appeals. Any appeal from the (c) Restrictions on acceptance of or­ specified M-293 product required under provisions of this order shall be made ders and production and delivery of the Table 1 programs, except those by filing a letter in triplicate, referring paper mill machinery. No person shall which are indicated on the tables as to the particular provisions appealed purchase, lease, rent, or accept delivery being exempt from this paragraph. The from, and stating fully the grounds of of any paper mill machinery or parts report must state how many of each the appeal. without first obtaining approval and an M-293 product will be used as spares. (j) Reports and communications. assigned rating on Form WPB-1319 (for­ (2) Reports of shipping schedules. A The list of M-293 products is arranged merly PD-556) or Form GA-1456. Form claimant agency listed on Table 1 may so that the name of the Industry Divi­ WPB-1319 is to be filed in triplicate send to a manufacturer a Form W PB- sion appears at the top of the table cover­ with the Paper Division, War Produc­ 3003, or other form approved for the ing M-293 products for which it is pri­ tion Board, Washington 25, D. C., in purpose by the Bureau of the Budget, marily responsible. All reports and accordance with the instructions for the which shows the requirements of pur­ forms required by the order and all ap­ form, except that any application for the chasers described in paragraph (f) (1) peals should be addressed to the War purchase of paper mill machinery or above covering all M-293 products for Production Board, Washington 25, D. C., parts having a sales value less than Table 1 programs, except those indi­ attention of the appropriate Industry $2,500.00 shall be filed in duplicate with cated on the tables as being exempt from Division so listed. All reports and forms the nearest Field Office of the War Pro­ the provisions of this paragraph. I f a required in paragraphs (b ), (c ), , (e ), duction Board. For applications involv­ manufacturer receives such a form filled (f ), (g ), and (h) of this order have been ing construction under Order L-41, ap­ out and certified by the claimant agency approved by the Bureau of the Budget proval and as assigned rating on G A- in accordance with the accompanying pursuant to the Federal Reports Act of 1456 must be obtained by filing Form instructions, he must fill in only the 1942. WPB-617 (formerly PD-200) in accord­ proposed shipping dates determined in (k) Violations. Any person who wil­ ance with WPB-617 instructions. accordance with Priorities Regulation fully violates any provisions of this order, (d) Items excluded from the provisions No. 1 and other applicable orders and or who in connection with this order of this order. The prohibitions of para­ regulations of the War Production wilfully conceals a material fact or fur­ graph (c) shall not restrict any deliveries Board. The shipping dates of purchase nishes false information to any depart­ orders which already are part of a ment or agency of the United States, is which are obtainable with MRO ratings frozen schedule must not be changed. guilty of a crime, and upon conviction as defined under CMP Regulation 5 as He must file copies of the form with the may be punished by fine or imprison­ follows: (1) to fill any order or group claimant agency in accordance with the ment. In addition, any such person may of orders of less than $2,000.00 placed accompanying instructions and also be prohibited from making or obtaining with one or more suppliers within any with the War Production Board when further deliveries of, or from processing four weeks’ period, for parts intended for requested to do so by the appropriate or using material under priority control, industry division. This schedule does and may be deprived of priorities as­ use in the repair or maintenance of any not become a frozen schedule unless the sistance. single existing machine, or a single ma- War Production Board specifically di­ Issued this 21st day of April 1944. chine delivered under the terms of para- rects the manufacturer that it is one. graph (b) (3) CMP Regulation 5, or (2) (g) Other scheduling provisions. W ar P r o d u c tio n B oard, to fill any order of $2,000.00 or more With respect to any M-293 product, the B y J. J o se ph W h e l a n , War Production Board may, notwith­ Recording Secretary. for repair or maintenance parts when standing any other order, preference [F. R. Doc. 44-5677; Filed, April 21, 1944; and only when there has been an actual rating, directive, rule or regulation (ex­ 11:17 a. m.] breakdown or suspension of operations cept Priorities Regulation 18) of the because of damage, wear'and tear, de­ War Production Board, or of any other struction or failure of parts or the like, government agency: . P art 3281—P u l p a n d P aper (1) Revoke any authorization or ap­ and the essential repair or maintenance proval to place a purchase order granted [General Limitation Order L-83, as Amended parts are not otherwise available. by it under paragraph (d) above; Apr. 20, 1944] \ (e) Applicability of regulations. This (2) Direct the return or cancellation PAPER MILL MACHINERY order and all transactions affected of any purchase order on the books of a thereby are subject to all applicable reg­ The fulfillment of requirements for the manufacturer; ulations of the War Production Board, defense of the United States has created (3) Direct changes in the shipping as amended from time to time. a shortage in the supply of paper mili schedule of a manufacturer; (f) Appeals. Any appeal from the .machinery for defense for private ac­ (4) Cancel purchase orders placed provisions of this order shall be made by count and for export; and the following with one manufacturer and direct that filing a letter in triplicate, referring to order is deemed necessary and appro­ they be placed on another manufac­ the particular provisions appealed from priate in the public interest and to pro­ turer; and stating fully the grounds for appeal. (5) Tâke such other action as it mote the national defense; (g) Records. All persons affected by deems necessary with respect to the pro­ § 3281.81 General Limitation Order this order shall keep for at least two duction of, the placing of purchase or­ L-83— (a) Purpose of this order. This years records concerning inventory, pro- 4338 FEDERAL REGISTER, Saturday, A pril 22, 1944 duction, purchases and sales, and shall facture, put in process, assemble or oth­ (7) Locks required for fire doors bear­ make reports on the same if required. erwise complete any builders’ finishing ing Underwriters’ label. (h) Communications. All reports re­ hardware, cabinet locks or padlocks (8) Marine joiner hardware as defined quired to be filed hereunder and all com­ which fail to conform with the sizes, in Schedule II of Order L-236. munications concerning this order or any types, grades, finishes and provisions set ( f ) Records. Each producer of build­ schedule issued supplementary hereto forth in Tables I through XV of this ers’ finishing hardware, cabinet locks and shall, unless otherwise directed, be ad­ schedule. padlocks shall execute and file with the dressed to the War Production Board, (c) Tolerance. A tolerance is per­ War Production Board such reports and Paper Division, Washington 25, D. C., mitted in the sizes set forth in Tables questionnaires as shall be required from Ref.: L-83. I through XV of this schedule of %2,r time to time. (i) Violations. Any person who wil­ plus or minus. (g) Fabricated parts. The use of fab­ fully violates any provision of this order (d) Keys. Locks and latches keyed ricated parts of copper or copper base or who, in connection with this order, alike shall be furnished with not more alloy in the production of builders’ fin­ wilfully conceals a material fact or fur­ than one key per lock or latch. Other ishing hardware, cabinet locks and pad­ nishes false information to any depart­ locks and latches shall be furnished with locks is permitted: Provided, Such fab­ ment or agency of the United States is not more than two keys per lock or latch. ricated parts were in the possession of guilty of a crime, and upon conviction Only three master keys may be furnished the producer on the 30th day of Novem­ may be punished by fine or imprison­ with each group of locks or latches when ber 1943. ment. In addition any such person may required to be master keyed. Issued this 21st day of April 1944. be prohibited from making or obtaining (e) Exceptions. The following are W ar P r o d u c t io n B oard, further deliveries of, or from processing excepted from the provisions of Tables I B y J. J o se ph W h e l a n , or ^sing, material under priority control through XV of this schedule: Recording Secretary. and may be deprived of'priorities assist­ (1) Builders’ finishing hardware and ance. cabinet locks specifically designed for use T able I— Burrs, H in g e s a n d R elated I tem s Issued this 20th day of April 1944. in the operation of a railroad or street Materials permitted are ferrous metals, railway, except in the construction of a except that brass may be used where per­ W ar P r o d u c t io n B oard, building. mitted under the terms of Conservation By j. J o se ph W h e l a n , (2) Builders’ finishing hardware, cab­ Order M-9-c, amended. Recording Secretary. inet locks or padlocks specifically de­ Finishes permitted are US1B, US18A un­ sanded, USP, US2G, US2H and lead. signed to protect electrical equipment. [F. R. Doc. 44-5670; Filed, April 20, 1944; Where tips are indicated by numbers 4:40 p. m.] (3) Prison locks, time locks, locks for shown, such tips shall be button type only. bank safe deposit boxes or vault door All items listed may be made to template hardware. when required. (4) Special hardware required for air­ Federal numbers are taken from Emer­ P art 3284—B u il d in g M aterials craft hangar doors. gency Alternate Federal Specification E-FF- H-116B. [Limitation Order L-236, Schedule I as (5) Elevator door hardware. Stanley numbers are taken from Stanley Amended Apr. 21,1944] _ (6) Parts produced for the repair of Works Catalog #61, for use as a guide. Simi­ b u ild e r s’ f in is h in g h ar d w ar e, cabinet builders’ finishing hardware, cabinet lar products of other manufacturers will be permitted. lo c k s and padlock s locks or padloeks. § 3284.82 Schedule I to Limitation Order L-236— (a) Definitions. For the Federal N o. Description Size purpose of this schedule: (1) “Producer” means any person who E2014...... Loose pin steel butt...... VA' x 2^", 3" x 3” , 3H" x 3A", 4" x 4", 4A" x 4A ", 5 " x 5” . manufactures, fabricates, assembles, F. 2014O 2J4", 3", ZA", 4", 4A ",- 5". melts, casts, extrudes, rolls, turns, spins, TP 2018 Loose pin light steel butt...... _ 2A" x 2” , VA' x 2A", 3" x 3". E2022 .. Light narrow butt loose'pin______._ \" x 1", VA' x V i" , 2" x V A ', 2A " x V i" , 3" x 2". finishes, or otherwise processes builders’ E2022F . Light narrow butt fast pin...... 1 " x 1", VA' x IH", 2 " x VA", 2 A " x VA", 3” x 2". finishing hardware, cabinet locks or E2029 Steel transom butt—- l . . . ______2 " x 2", VA” x VA’, 3" x 3", ZA" x ZA", 4" x 4". F.a02flC 2H",3",3K". padlocks. F.rnu _____ Reversible butt hinge loose pin...... 2" x 2", 2A fr x V A ', Z" x Z", ZA " x ZA", 4" x 4 ", 4A" x (2) “Builders’ finishing hardware” 4 A". means the following devices produced Forno W ide throw butt______...... 3 " x 4 ". 4 " x 5 " , 4" x 6 ", 4 " x 7 " , 4A" x 6 ", 5 " x 7 " , 5" x 8 ". for supporting, guarding, operating, con­ E2060C ("last. jrnn hospital type butt__ ,_____ ZA" x Z A ", 4" x 4 ", 4A" x 4A", 8" x 5". trolling, or securing various parts of a TCB20RÒ 3", ZA", 4", 4A ". E2084O 4 A " , 5” . building or structure: butts, hinges, TP 2138 12", 18", 24", 36". hasps and related items; checking floor TC2140 12", 18", 24", 36". TP9201 2", 3", 4", 5", 6", 8". hinges; cabinet hardware, including ■R2203 - 4 ", 5 ", 6 ", 8 ", 10", 12". cabinet hinges, knobs, pulls, and catches; TP2207 ____ Light tee hinge______2", 3", 4", 5", 6", 8"> hydraulic door closers; hangers, track, ■R2208 4 ", 5 ", 6 ", 8 ", 10", 12". E2209 ______4", 5", 6", 8", 10", 12". pivots, guides, and related items; locks TP,9212 Extra heavy half surface tee h in ge..... 8",10",12". and door trim; sash, screen and shelf F.2nm > ___ 4 " x 4", 4 A " x 4A", 6" x 5 ", 6 " x 6". E2Ö60 ...... Ball bearing hospital butt______.... 4 " x 4 ", 4 A " x 4 A " , 5 " X 5". hardware; night latches and dead locks; E2080--...... H alf surface ball bearing butt...... 4 ", 4A", 6 ". spring hinges; lavatory door hardware; panic bolts; sash balances; door holding Stanley No. devices. 1775 ...... Hinged garage door set______W ith 10" hinges. (3) “Cabinet lock” means a lock (ex­ 952 _____ 6", 8", 10", 12", 14", 16", 18", 20", 22", 24", 30", 36"; OKI _____ Screw hooks and strap hinges___ i ___ 6", 8", 10", 12", 14", 16", 18", 20", 22", 24", 30", 36". clusive of an entrance or communicat­ __ __ A" x 6 ", %" x 8 ", %” x 10", A" x 10". ing door lock, night latch, or padlock) 1665 ...... A" x 4 ", %" x 5 ", S i" x 6 ", Vi" x 7". operated by a key or combination, which BB852...... Ball bearing butt hinge___ ’______5 " x 6 " x A". is designed and constructed for the pur­ pose of guarding, controlling, or secur­ T able I I — C h e c k in g F loor H in g e s 3. Where essential in hospitals. ing the opening of a box, cabinet, cup­ board, desk, drawer, locker, wardrobe or Materials permitted are ferrous metals only, Numbers have been taken from Emergency part of a building. except that brass may be used for regulating Alternate Federal Specification E-FF-H-121A. (4) “Padlock” means a portable lock­ valve assemblies. Type Numbers : Sizes permitted ing device consisting of a case and Finishes permitted are USP, US18A un­ E 3500...... i n sanded, US18A sanded and lead. E3510______- shackle designed and constructed for the Checking floor hinges may be manufac­ purpose of guarding, controlling or se­ E3520 ______n and H I tured only for the following uses: E3020A______II and H I curing the access to any building, struc­ 1. Where self-closing function is required by ture, container or article. applicable fire regulations. One type similar to “Unicheck” as manu* (b) Simplified practices. After No­ 8. For exterior extrance and exterior exit factured by The Osca,r C. Rixson Company, vember 30,1943 no producer shall manu­ doors of public and industrial buildings. Chicago, Illinois. FEDERAL REGISTER, Saturday, April 22, 1944 4339

T able III— Ca b in e t H ardware I n c l u d in g Each manufacturer is limited to the designs, manually or electrically controlled, similar Ca b in e t H in g e s sizes and quantities listed under the follow­ to R -W No. 405. ing sub-headings: Materials permitted are ferrous metal, an- OVERHEAD DOOR HARDWARE SETS timonial lead, glass, wood or plastic for all SLIDING DOOR HARDWARE (a ) One type of wéïght counterbalanced items except drawer pulls and knobs. Drawer One type of hinged hangers for flat steel hardware, for each rtandard size of one piece pulls and knobs may be non-metallic only. track in three sizes. overhead door. Finishes permitted are USP, US18A un­ One type of rigid hangers for flat steel (b ) One type of spring counterbalanced sanded, US18A sanded, US2G, enamel and ^ 4jrack in three sizes. hardware, for each standard size of one piece lead. jFlat steel track in the following three sizes: overhead door. CABINET HINGES^ 1" x %e", 1V4" x %6", 8Vi" x (c) One type of weight counterbalanced Full surface type— (applied on outside of Trolley or formed track, rectangular or hardware in two sizes for sectional type cabinet door) for flush and % " offset doors. round, with removable brackets and hangers, overhead doors. Each manufacturer limited to three (3) in six sizes, suitable for the following door (d) One type of spring counterbalanced designs. weights: hardware in two sizes for sectional type over­ Not more than one size in each design. 100 lbs. head doors. Semi-surface type— semi-concealed hinges to 300 lbs. ONE OR MORE SECTION VERTICAL LIGHT DOOR SETS for flush doors and doors with % " offset. to 600 lbs. Each manufacturer limited to three (3) to 800 lbs. One type of counterbalanced hardware for designs. to 1200 lbs. each size of door. to 2000 lbs. Not more than one size in each design. JACKKNIFE DOOR' SETS TTaif surface type— for flush doors only. SLIDING DOOR STAY ROLLERS Each manufacturer limited to three (3) One type of counterbalanced hardware for designs. Lag screw type, straight and bent. One each size of door. type for light doors for side attachment, Not more than one ¡size in each design. FIRE DOOR HARDWARE similar to R -W No. 53. KNOBS AND PULLS One type for light doors for floor attach­ (a) Automatic closing devices for sliding Knobs—Each manufacturer limited to ment, similar to R -W No. 54. Fire Doors', shall be confined to one type, three (3) designs with sizes permitted from One type for heavy doors for side attach­ single fusible link, similar to R -W No. 201. % " to iy + " inclusive. ment, similar to R -W No. 68. If necessary to hang doors on level track, Pulls— Each manufacturer limited to three Two types for heavy doors for floor attach­ additional weights, chain and sheave may (3) designs with sizes permitted^from 2V i" ment, similar to Rr-W Nos. 59 and 154. be furnished. Brass or bronze may be used for fusible link. to 4Vi" inclusive. SLIDING DOOR GUIDES (b ) Automatic closing devices for Single N o te: Knobs and pulls shall be applied Swing Fire Doors shall be confined to one by steel screw or bolt. Single type for light doors, similar to R -W (No metal bushing or shoulder ferrule per­ No. 372. type, similar to R -W No. 406. Brass or bronze may be used for fusible link. missible.) Double and triple type for parallel doors, (c) Automatic closing devices for Double CABINET CATCHES similar to It-W Nos. 172 and 173. One type for light center parting doors, Swing Fire Doors shall be confined to one Friction catches— Each manufacturer similar to R -W No. 271. type, similar to R -W No. 506. Brass or bronze limited to three (3) types. One type for heavy center parting doors, may be used for fusible link. Elbow catches— Each manufacturer limited similar to R -W No. 171. HEAVY INDUSTRIAL HINGES to two (2) designs. One type used as end stop, similar to R -W Ten types similar to R -W 434-WA, B, C, T able IV — H ydraulic D oor C losers a n d No. 572. CC, D, E, J, K, 1035 and, 1036; all may have D oor C h eck s One type for sliding-folding doors, similar to R -W No. 771. either disc or ball bearings. Materials permitted are ferrous metals T able V I— L ocks a n d L o ck T r im only, except that brass may be used for regu­ SLIDING DOOR FULLS lating valve assemblies. Extra heavy cast pull, similar to R -W No. Materials permitted are ferrous metals, Finishes permitted are USP or any lacquer 470. plastic, wood, pottery or glass. finish. Cast iron or steel pulls in two sizes, similar Finishes permitted are US1B, US18, US18A Hydraulic door closers may be manufac­ to R -W Nos. 70-1 and 70-2. unsanded, US18A sanded, US2G and lead. tured only for the following uses: Surface type pulls in two sizes. Designs— Each manufacturer shall be lim­ (1) Where self-closing function is required ited to the number of designs designated un­ by applicable fire regulations. BUMPER SHOES der each sub-heading. (2) For exterior entrance and exterior exit One type, similar to R -W No. 435 x 72. doors of public and industrial buildings.. Numbers have been taken from Emergency (3) Where essential in hospitals. SLIDING DOOR BUMPERS Alternate Federal Specification E-FF-H-106. Numbers have been taken from Emergency Each manufacturer limited to one design. door k n o b s Alternate Federal Specification E-FF-H-121A. .Standard Surface Type E-3004, Sizes 3 GARAGE DOOR HOLDER Each manufacturer shall be limited to and 4. ' three designs of wrought metal knobs, in Each manufacturer limited to one design. Standard Surface Type E-3005, Sizes 3 sizes not to exceed 2V4" diameter. and 4. DOOR LATCHES Glass, plastic, pottery or wood knobs— Each Underwriters’ Laboratories approved type manufacturer limited to three designs and/or Gravity type, reversible, in two sizes with with fusible link (one type only) size 4. two types of keepers. sizes of each type, sizes not to exceed 2 y4" DOUBLE ACTING SURFACE CHECK Bar type, in two sizes with two types of diameter. keepers, similar to R -W No. 152. Closet spindles of not more than one design (One size only) similar to Oscar C. Rixson Draw type for parallel doors, similar to are permitted in lieu of knobs for inside of Company’s #44. Allith Prouty No. 396, Catalog #101. closet doors. CLOSER BRACKETS Reversible flush type, similar to R -W No. k n o b roses 520. Soffit Type, sizes 3 and 4. Swinging Type, similar to Lawrence Bros. Shall be plain design, approximate dia­ Corner Type, sizes 3 and 4. No. 122—Catalog #19. meter 1%” , 2” , 2V4"- Roses for cylindrical T able V— H angers, T rack and R e n t e d I tem s Reversible type for light doors, similar to and tubular locks and latches may be 2y2" Materials permitted axe ferrous metals, ex­ R -W No. 325. in diameter. cept that zinc base die castings may be used k e y plates SLIDING-FOLDING DOOR SETS where permitted by Conservation Order M - Shall be limited to one type similar to 11-b. Using formed steel track for combination Federal Number E351. Finishes permitted are US1B, US2G, US2H, of from two to ten doors. and lead. ESCUTCHEON PLATES FOLDING PARTITION DOOR HARDWARE SETS R-W numbers are taken from Catalog Each manufacturer limited to three designs #90 of the Richards-Wilcox Manufacturing (a) Using hangers at top placed in center of rectangular or pendant types, in sizes not Company for use as a guide for comparable of door and no guide track at bottom, similar items of all manufacturers. to exceed that necessary for the spacing of to R -W No. 135. This table shall not affect the manufacture the listed locks in this table. (b ) Using door supporting rollers at bot­ of rolling steel shutters. TURN KNOBS Track or hangers may not be manufactured, tom or top and guide track at bottom or top. assembled, or put in process for use on resi- (c) With hangers at top placed in center Each manufacturer limited to one design dential_garage doors. of doors with special operating device, either similar to Federal Number E362. 4340 FEDERAL REGISTER, Saturday, A p ril 22, 1944

LOCKS AND LATCHES T able VII— M iscellaneous Sa s h , Screen a n d Stanley Type No. 996: Sh e l f H ardware % " x 4y2" . Shall be limited to the following type % " x 4ya". Materials permitted are ferrous metals, numbers. 1” x 41/2 ”. except as otherwise noted. Mortise Latches and Bit Key Locks 1 x 4y2" . Finishes permitted are US1B, US18A un­ 1 % " x 4 % ". Type E4 Mortise bit key knob lock (ligh t). sanded, TJS2G, and lead, except as other­ T plates (unfinished only) Stanley Type Type E4A Mortise bit key knob lock. wise noted. No. 995y2: Federal numbers are taken from Emergency Type E7 Mortise bit key knob lock (heavy). 2y2" X 21/a”. _ Type E10 Mortise bit key school room lock. Alternate Federal Specification E-FF-H-111. 3” x 3". Type E17A Mortise bathroom lock. Stanley numbers are taken from Stanley 4 " x 4". t Works Catalog #61, for use as a guide. Type E170 Communicating door lock (same 5” X 5” . as E17A except split bolt operated by turn Similar products of other manufacturers 6” x 6". knob each side). will be permitted. Mending plates (unfinished only) Stanley Type E22A Mortise bit key front door lock. Type No. 995: SHELF ITEMS Type E25 Mortise knob latoh (ligh t). % ” X 2 ". Type E28 Mortise knob latch. Corner braces (unfinished only) Stanley % » .x 2i/a". Type E38 Mortise bit key dead lock. Type No. 998: % " x 3". Type EA40 Mortise bit key asylum dead lock. »/a” x %” X 3 w - % " x i ” . % " x 4” . Rim Locks and Latches % " X l»/2 " . 1" X 5". Type E59 Rim knob lock. Vi" x 2 " . iy8" x 6". Type E80 Rim knob latch. . i/a" x 2i/a". iy4” x 8” . Type E81 Rim knob latch with slide bolt. * % " x 1” . 1 % " X 10". 3/4 " x li/a". iy4" x 1 2 ". MORTISE CYLINDER LOCKS 3/4 ” x 2” . Hook on plate staples (unfinished only) Type E88 Mortise cylinder front door lock. 3/4 " x 2 i/2" . Stanley Type No. 975: 4", 5", 6". Type E91 Mortise cylinder vestibule or office 3/4 ” x 3” . Twisted hook and staple (unfinished only) lock. Flat corner irons (unfinished only) Stanley Stanley Type No. 972: 4", 5", 6". Type E91B Special purpose lock. No. 999: Diamond point staples (unfinished only) Type E91C Special purpose lock. %” x iya". Stanley Type No. 976: 1", 1}4", 1%". 2", Type E93 Mortise cylinder office lock. 3/8" x 2 ". 2ya" . (May also-be supplied with two cylinder % " x 2i/a". Heavy hinge hasp Stanley No. 941: 7%" operation.) % " x 31/2 ". (one size only). Type E97 Mortise cylinder office lock or % " X 4 ” . Safety hinge hasp Stanley No. 925: 3", 4". front door lock. % " x 3". Hinge hasp Federal No. E1401: 3", 4y2”, (May also be supplied without auxiliary % " x 3y2" . 6", 8". latch function.) 1" x 5” . Safety hinge hasp Federal No. E1420 : 2%", Type E102 Mortise cylinder fire door lock. W‘ x 2i/a".. 3y2" , 41/2 " , 0". Type E105 Mortise cylinder class room lock. Vt” x 3” . Staples on plates Stanley No. 913: iy2" x Type El 14 Mortise cylinder dead lock. Vs” * 3 1/2". 1 y8", 2y x 1 y4", 21/16" x 1 y2 . Type E114A Mortise cylinder dead lock— no % " x 4” . Hooks and eyes Federal No. E1601: 1 y2", thumb turn. %" x 5". 2 ", 2y2" , 3", 4 ". Type E115 Mortise cylinder dead lock— two 7/8 " x 6” . • Door buttons Federal No. E1069: (Cast or cylinder. 1” x 6". wrought) 1%". 1 % " x 8". Door fasteners with chain (cast or wrought) MORTISE ASYLUM LOCKS Corner braces (unfinished only) Stanley Federal No. E1116: 4". The limited number of asylum locks and Type No. 997: Thumb latches, Federal No. E1188, Federal trim catalogued by manufacturers may be W! x 1". _ j SP>e i 189. produced with only those restrictions or lim­ y2” iy2" . “ House numbers (non-metallic only). itations imposed by other orders. 2". Shutter fasteners, Federal No. E1815— 5". Padlock eyes, Federal No. E1430. TUBULAR LOCKS AND LATCHES 2y2". %" 3” . Cellar window catch, Federal No. E1137. Type E150 Knob latch. %" 3y2". Hand rail bracket, Federal No. 1064A. Type E150A Closet knob latch. 7s” 4” . Door stops (non-metallic only). Type E151 Knob latch with stop on one 1" X 5". Hat and coat hooks: Federal No. A1162 side. iy8” x 6". (FF-H-111)— Steel wire. Type E153 Cylinder dead bolt lock— Pin iy8" x 8". Federal No. 1182B (FF-H-111)—Cast or or disc tumbler cylinder. Outside corner irons (unfinished only) malleable iron, for shipboard use only. Type E153B Cylinder dead bolt lock— Pin or disc tumbler cylinders (2). Type E153C Cylinder dead bolt lock— No turn knob. Fed. No. Type E154 Cylinder night latch— Pin or disc tumbler. E1019 Wrnnght steel barrel holt______2", 2)4", 3", 4" and 5". E1020 . 2", 1 W , 3", 4 " and 6". CYLINDRICAL CASE LOCKS AND LATCHES E1022...... 3", 6", 8" and 10". Type E161 Knob latch. E1049 — 3", 6", 8" and 10". TTiruon 3", 6", 8 " 6nd 10". Type E161A Closet knob latch. E1044B 9", 12", 18" and 24" rods. Type E162 Knob latch (stop one side). TCinsi % " x 207. Type E164 Cylinder vestibule or office lock. Tsinai a W x 12", %" x 18", % " x 24". Type E164W Wafer tumbler vestibule or E 1063A . . . . 154" and 1J£" backsets. F.mfin Wrought steel square bolt______6", 8". office lock. E 10690...... 6", 8". Type E1.65 Cylinder office or class room lock. y m Surface bolt___ ...... ______... 3", 4", C". EA1028.. ___ (N o t permitted for residential or priyate garage use). HEAVY DUTY CYLINDRICAL LOCKS AND LATCHES

Heavy duty cylindrical locks and latches DOUBLE HUNG WINDOW HARDWARE E1142 Sash fasteners— 2 may be manufactured provided they are E1201 Hook sash lift (cast or wrought). limited to the same performance in operation Federal No.: E1343 Stop bead screw and washer. and control as that required in the com­ EA1060— 3y4” — Window spring bolt. E1264 Sash pole hook— 3". parable mortise locks permitted. Trim Friction sliding springs similar In Sash socket as H. B. Ives 1800S, Cat­ shall compare as nearly as possible with that operation to Jiffy, Noiseless, etc. alog #17. permitted for mortise locks. E l 139 Sash fasteners— 2l/a" and 2 % ". Sashcord saddle— non-metallic. FEDERAL REGISTER, Saturday, April 22, 1944 4341

Federal No.— Continued. Federal No.: T able XII— Sash Balances E1264 Sash weights (only from burnt cast E134 Cylinder rim night latch. Materials permitted are ferrous metals. iron, stove plate, grate bars, an­ E134D Cylinder rim night latch (disc tum­ nealing pots, terneplate, slag iron, Zinc may be used where permitted by bler) . Conservation Order M -ll-b. city dump scrap except tin can E136 Cylinder rim night latch. scrap; tin can scrap if permission Finishes permitted are US2G, US2H, USP, E143 Cylinder rim dead lock. lead and lacquer. is granted by Administrator of One catalog number Jimmy-resist­ M -72A). Numbers are taken from Emergency Alter­ ing deadlocks without chain at­ Sash balances permitted— see Table nate Federal Specification E-FF-H-111. tachment, with rim strike only. Federal No.: XII. One catalog number Jimmy-resist­ E1250 TRANSOM HARDWARE ing deadlocks with double cylin­ E1250A Federal No.: ders, with rim strike only. EB1250 E1097 Transom catch. T able IX — Spring H inges El 100 Transom catch. T able X III— Cabinet L ocks El 120A Transom chains— 12” , 15” . Materials permitted are ferrous metals Materials permitted are ferrous metals. Rabbeted transom sash centers, only. similar to Sargent Co. J71-l% ” , Finishes permitted are US1B, US18A un­ Brass or zinc may be used for pin. tumbler 13/4", 2 % ". sanded, USP and US2G. and disc tumbler cylinder assemblies and for tubes, centers and levers of secure lever locks. Sash centers, cast, similar to Corbin Numbers are taken from Emergency Alter­ 1303, 1304. nate Federal Specification E-FF-H-116B. Finishes pèrmitted are US1B, US18, US18A leral No. : unsanded, US18A sanded, US2G and lead. door : E2330 Double acting, hanging strip or flush Chest locks, flat key, secure lever. Each Federal No.: Jamb type. manufacturer limited to two designs, ap­ E1274 Door pull. Sizes 3” , 4” , 6” , 7” , 8” , 10” . proximately iy 2" x 2 " for % ” wood, E1274D Door pull. Type with one clamp flange in sizes 1 % " x 2y2” for % ” wood. E1276 Door pull. 8” , 10” , and 12” . Chest locks, double link, warded, barrel key.. Hospital arm pull, similar to Sw>»-«^ggderal No.: Each manufacturer limited to one design, ap­ gent 1526. E2331 Single acting, hanging strip or flush proximately 2y2" x 19ie” . Push plates—non-metallic. jamb type. Chest locks, double link, pin or disc tum ­ Kick plates— non-metallic. Sizes 4” , 6” , 7” , 8” , 10” . bler. Each manufacturer limited to one de­ B2334 Double acting floor hinge, horizon­ sign. SCREEN DOOR HARDWARE tal or vertical type (not permitted Drawer locks, flat key, half mortise, secure Screen door latch— Limited to one type in for residential use). lever, dead bolt - Each manufacturer lim­ ited to one design, approximately 1%” x one size for each manufacturer. Trim may be T able X — L avatory Door H ardware and ferrous metals, glass or plastic. 1%” . * Lavatory Stall F itting s Drawer locks, barrel key, half mortise, Federal No,: . , Materials permitted are ferrous metals only. warded. Each manufacturer limited to one E1845 Perfection springs— #2 to #6 in­ Finishes permitted are US1B, US18A un­ design, approximately 2 % " x 1 clusive. sanded, USP and US2G. Drawer or cupboard locks, surface type, pin E1840 Coil-spring. Federal numbers are taken from Emergency or disc tumbler. Each manufacturer limited E2300 Screen door hinge (full surface) one Alternate Federal Specification E-FF-H-136. to one design. size only. Drawer or cupboard locks, half mortise, pin Federal No.: E2301 Spring hinge (full surface) one size or disc tumbler. Each manufacturer limited E4200 Gravity pivot hinge. only. to one design. E4301 Swing latch (bar not more than 4” E2302 Spring hinge (half surface) one size Locker and wardrobe locks, surface type, lo n g ). only. flat key, secure lever. Each manufacturer E4309 Rim turn bolt. E2S05 Spring hinge (full surface) one size limited to- four designs, approximately Strikes and keepers similar to Bom- only. 17s" x % ” , 2” x 1%” , 23,4” x 11,4", 2% x 13/4" . E2306 Spring hinge (half surface) one'size mer 0-1053-1055-1056-1057 and Locker and wardrobe locks, surface type, 1073. only. barrel key. Each manufacturer limited to E3015 Pneumatic door closer— for hospital LAVATORY s t a l l f it t in g s two designs, approximately 2% ” x ,1 $ "» use only. 3 " x 13,4” . Numbers listed are taken from Catalog Locker and wardrobe locks, surface type, screen w ind o w and storm sash hardware #63 of Bommer Spring Hinge Company for pin or disc tumbler. Each manufacturer lim­ use as a guide for comparable items of all Federal No.: ited to one design, approximately l % " x i y 4" manufacturers. E1825 Hangers. with % ” or iy8" cylinder. E1825B Hangers. 1116 1153 Cam type locks, pin, disc or blade tumbler. E1830 Hangers. 1130 1155 (Complete unit consisting of cylinder, lock Hanger sets, similar to Stanley 1181 1156 nut, lock nut washer and cam.) Each manu­ #1732. 1132 1158 facturer limited to not more than two tum­ EA1223 Screen lift. 1137 1159 bler types. 1138 * 1160 E1650 Storm sash fasteners. T able XIV— P adlocks E1653 Storm sash fasteners. 1139 1161 1142 1162 Materials permitted are ferrous metals, casement w in d o w hardware 1143 1163 zinc and brass. 1147— 11,4” only Federal No.: 1170 1150 1171 Brass may only be used for cylinders and E1002 Casement adjuster— 10” and 12” . 1151 1172 keys, excepting for shipboard use and where E1002D Casement adjuster— 12” . 1152 1173 sparkproof padlocks are required. Friction stay, similar to Payson #39. T able X I— Pan ic Bolts Finishes permitted are ÜS18, US18A un- sanded, US18A sanded, US2G and painted. E1128 Casement pivot. Materials permitted are ferrous metals. E1132 Casement fastener. Finishes permitted are US1B, US18A un­ Each manufacturer shall be limited to the E1132A Casement fastener. sanded and US18A sanded. types and number of each type specified be- Hardware for industrial type sash Brass or die cast zinc may be used for low, and they must come within the size (not to exceed 2y2 lbs. per u n it). cylinder assemblies. range specified: Each manufacturer shall be limited to three T able V III— R im N ig h t L atches and Pin tumbler padlocks— six only. Size designs in trim. Deadlocks Numbers are taken from Emergency Alter­ range, iyB" to 2” . Materials permitted are ferrous metals ex­ nate Federal Specification E-FF-H-106. yVarded or lever padlocks— five only. Size range, 1” to 1%” . cept for cylinder assemblies which may be Federal No.t brass or zinc. E800 Spring bolt padlocks— five only. Size Finishes permitted are US1B and US18A E801 range, % " to 2';. unsanded. E830 Disc tumbler padlocks— five only. Size E830O All flat strikes shall be eliminated except range, 1” to 2 ". when ordered separately. Numbers are taken E831 from emergency alternate specification E -F F - E831C Secure lever padlocks— two styles in two H-106. Lock may be either rim or mortise type. sizes of each stylé. 4342 FEDERAL REGISTER, Saturday, A pril 22,, 1944

Hose house padlocks— one style in one size. endorses substantially the following certifi­ number has been assigned if he endorses substantially the following certificate on his Combination padlocks— two styles in one cate on his lumber purchase orders: lumber purchase orders: size of each style. All restricted southern yellow pine All restricted hardwood lumber covered Ratchet shackle padlocks— one style in one lumber covered by this purchase order or contract is required to conduct an by this purchase order or contract is re- size. operation for which I have been assigned - quired to conduct an operation for which Special shackle padlocks may be furnished serial num ber___— by the War Produc­ I have been assigned serial number on order. tion Board under Order P-56. Delivery ______by the War Production Chains may be furnished on order. iqay be made to* me under Direction 6 Board under Order P-56. Delivery may to Order M-361, with the terms of which be made to me under Direction 6 to T able XV—Door H olding Devices I am familiar, and the use of any rating Order M-364, with the terms of which I am familiar, and the use of any rating Materials permitted are ferrous metals. shown on this purchase order is author­ shown on this purchase order is au­ Finishes permitted are USP, TJS18A un­ ized. thorized. sanded, US1B and lead. Numbers prefixed by G-J are taken from Producer the catalog of Glynn-Johnson Co, (issued By ------, ------Producer January. 1941). Similar products of any Duly authorized official other manufacturer 'will be permitted. The standard certificate described in Pri­ B y ------— ------G-J 320 Friction door holder— not exceed­ orities Regulation 7 may not be used instead Duly authorized official ing 1% lbs. average weight (in sizes required of the above certificate. Any producer may The standard certificate described in Pri­ for various size doors in hospitals only). sell, ship, or deliver restricted southern yel­ orities Regulation 7 may not be used instead The following items may be manufactured low pine lumber (either directly or through only foir uses in schools, hospitals and indus­ of the above certificate. Any producer may one or more intervening persons) to fill any sell, ship, or deliver restricted hardward lum­ trial buildings: order or contract bearing such a certificate. G-J 70 Door holder— not exceeding 2% lbs. ber (either directly or through one or more The use of the above certificate is subject to intervening persons) to fill any order or average weight. the general provision of Order M-361 with contract bearing such a certificate. The G-J 40 Door holder— not exceeding 22 oz. in respect to the certificates mentioned in the use of the above certificate is subject to the weight ?with strikes suitable for floor or order. general provision of Order M-364 with respect head installation). (c) Restriction on amount of lumber re­ Roller holder— Stanley No. 454 [ferrous ceived. No person shall use the certificate to the certificates mentioned in the order. metal only] Stanley Works catalogue No. 61. to get more lumber in a calendar quarter (c) Restriction cm amount of lumber re­ Similar item of other manufacturers will be than he got in the corresponding quarter ceived. No person shall use the certificate to permitted. of 1943, nor shall any person use the cer­ get more lumber in a calendar quarter than he got in the corresponding quarter of 1943, [F. R. Doc. 44-5685; Filed, April 21, 1944; tificate to get more lumber than the mini­ mum required to enable him to carry on nor shall any person use the certificate to get 11:16 a. m .j the operation for which he was issued a more lumber than the minimum required to serial number under Order P-56, including enable him to carry on the operation for maintenance and repair of his mine or plant which he was issued a serial number under and the boxing and crating of materials for Order P-56, including maintenance and re­ P art 3285—L umber and L umber P roducts shipment. pair of his mine or plant and the boxing and [Conservation Order M—358, Revocation] (d ) Reports. Mine and smelter operators crating of materials for shipment. who get any part of their lumber through the (d ) Reports. Mine and smelter operators BLACK W ALNUT LOGS use of the above certification shall report to who get any part of their lumber through Section 3285.91 Order M-358 is re­ the Lumber Division, War Production Board, the use of the above certification shall report by letter, in duplicate, within 30 days after to the Lumber Division, War Production voked. This revocation does not affect Board, by letter, in duplicate, within 30 days any liabilities incurred under the order. the end of each calendar quarter stating the entire amount of lumber, in board feet, de­ after the end of each calendar quarter stat­ Delivery, acceptance of delivery, and use livered to them during the quarter, whether ing the entire amount of lumber, in board of black walnut logs remain subject to obtained under this direction or in some feet, delivered to them during the quarter, all other applicable regulations or orders other way. This reporting requirement has whether obtained under this direction or in of the War Production Board. been approved by the Bureau of the Budget some other way. This reporting requirement in accordance with the Federal Reports Act Viag been approved by the Bureau of the Issued this 21st day of April 1944. of 1942. Budget in accordance with the Federal Re­ ports Act of 1942. W ar P roduction B oard, Issued this 21st day of April 1944. Issued this 21st day of April 1944, By J. Joseph W helan, W ar P roduction B oard, Recording Secretary. By J. Joseph W h elan, W ar P roduction B oard, Recording Secretary. B y J. Joseph W helan, [F. R. Doc. 44-5679; Filed, April 21, 1944; Recording Secretary. 11:17 a. m.] [F. R. Doc. 44-5680; Filed, April 21, 1944; 11:17 a. m.j [F. R. Doc. 44-5681; Filed, April 21, 1944; 11:18 a. m.]

P art 3285—L umber and L umber P roducts [Conservation Order M-361, Direction 6] P art 3285—L umber and L umber P roducts [Conservation Order M-364, Direction 6] P art 3290—T extile, C lothing and DELIVERIES OF SOUTHERN YELLOW PINE L eather LUMBER TO MINES AND SMELTERS DELIVERIES OF HARDWOOD LUMBER TO [Conservation Order M-217, as Amended The following direction is issued pur­ M INES AND SMELTERS Apr. 21, 1944] suant to Conservation Order M-361. The following direction is issued pur­ FOOTWEAR (a) What this direction does. This direc­ suant to Conservation Order M-364. tion, which is issued under Order M-361, (a) What this direction does. This direc­ The fulfillment of requirements for the paragraph ( g ) , tells how a person who holds tion, which is issued under Order M-364, defense of the United States has created a serial number under Order P-56 (mines and paragraph (g ), tells how a person who holds a shortage in the supply of shoe manu­ smelters) may get the restricted southern a serial number under Order P-56 (mines facturing material for defense for pri­ yellow pine lumber he needs without having and smelters) may get the restricted hard­ to file on form WPB 2720. He may use either vate account and for export; and the fol­ wood lumber he needs without having to file the procedure outlined in this direction or lowing order is deemed necessary and on form WPB 2720. He may use either the file form W PB 2720. It is not necessary, for appropriate in the public interest and to procedure outlined in this direction or file him to use one procedure to the exclusion form WPB 2720. It is not necessary for him promote the national defense: of the other; that is, either procedure may to use one procedure to the exclusion of the be used from time to time as is most con­ § 3290.191 Conservation Order M - other; that is, either procedure may be used venient. 217— (a) Applicability of priorities regu­ from time to time as is most convenient. (b ) Form of certification. A person who lations. This order and all transactions (b ) Form of certification. A person who holds a serial number under Order P-56 may affected thereby are subject to all appli­ holds a serial number under Order P-56 may receive restricted southern yellow pine lum­ cable regulations of the War Production ber for the operation of a project for which receive restricted hardwood lumber for the tl\e serial number has been assigned if he operation of a project for which the serial Board and Conservation Order M-328, as FEDERAL REGISTER, Saturday, Aprü 22, 1944 4343 amended from time to time, except as (iii) Up to a net wholesale price of (18) “Rubber soles” do not include tire follows: $1.75 a pair misses’ and children’s foot­ carcass soles, when used on misses’ and (1) Priorities Regulation 17 shall be in­ wear (not including slippers) may be children’s footwear (excluding all sizes applicable to footwear. deemed one line, and youths’ and boys’ over size 3), or soles made wholly from (2) Military footwear which has been footwear (not including slippers) one friction scrap. rejected by Government inspectors and line, but no production in new price (19) “Plastic soles” mean soles con­ stamped to indicate its rejection may be ranges is authorized unless specifically taining more than 25% by weight vinyl sold without regard to Paragraph 944.11 approved under paragraph (i) (3) (vi), polymer as defined in General Preference of Priorities Regulation 1 or paragraph below. Order M-10. (e) (3) of Conservation Order M-328. (11) ‘Trice range” shall have the usual (c) Curtailment in the use of materials (b) Definitions. For the purposes of trade significance, provided that the and colors in the manufacture of foot­ this order: highest list price in the range does not wear. (1) No person shall manufacture, (1) “Put into process” means the first exceed the lowest in the range by more or put into process any leather or fabric cutting of leather or fabric in the manu­ than ten (10%) per cent, or twenty-five for the manufacture of, any footwear facture of footwear. (25) cents a pair, whichever is the with: (2) “Footwear” includes house slip- greater. (i) Leather seam laps gauging over 'pers, but does not include (i) rubber (12) “Military footwear” means mili­ V2 inch in width. footwear or (ii) foot covering designed tary type footwear purchased by the (ii) Horizontal quarter seams, on lined to be worn over shoes and utilizing no Army or Navy of the United States (ex­ low quarter shoes. leather. cluding post exchanges and ship’s serv­ (iii) Wing or shield tips on men’s shoes (3) “Work shoes” means any shoes or ice stores, wherever situated), the United and boys’ shoes over size 6, or wing tips boots with unlined quarters which are States Naval Aqademy at Annapolis, or long shield tips on women’s, girls’, designed to be worn at any form of work Maryland, the United States Military misses’, youths’, little gents’ and chil­ requiring specially heavy or substantially Academy at West Point, New York, the dren’s shoes and boys’ shoes of sizes 6 and made footwear. United States Maritime Commission, the under. (4) “Horizontal quarter seams” means Panama Canal, the Coast and Geodetic (iv) Full overlay tips or full overlay seams on quarters running at a predomi­ Survey, the Coast Guard, the Civil foxings, except on work shoes and foot­ nantly horizontal direction (i. e. parallel Aeronautics Authority, the National Ad­ wear with fabric uppers.^ to the sole). visory Committee for Aeronautics, the (v) Woven vamp or quarter patterns. (vi) Quarter collars, except on unlined (5) “Design and construction” of foot­ Office of Scientific Research and De­ wear means the make-up of the foot­ velopment, the Vyar Shipping Admin­ shoes and house slippers. wear in every detail, so that any two istration, the Government of any of the (vii) Bows or other ornaments, if items of footwear of the same design following countries: Belgium, China, made of leather in whole or in part. and construction are necessarily identi­ Czechoslovakia, Free France, Greece, (viii) Outside leather taps, on foot­ cal, except in size; but does not refer Iceland, the Netherlands, Norway, Po­ wear other than men’s high shoes, unless the middle sole is of synthetic composi­ to the means whereby the footwear is land, Russia, Turkey, the United King­ tion material. manufactured. dom (including its Dominions, Crown (ix) Leather slip soles other than those (6) “Cattle hide leather” means any Colonies and Protectorates) and Yugo­ cut from bellies or offal. leather (including splits) made from slavia; military type footwear purchased by any agency of the United States for (x) More than one full leather sole, in cattle hides, including hides of bulls, Goodyear welt footwear other than work cows, and steers, and calf and kip skins delivery to or for the account of the Government of any country listed above, shoes and safety shoes. (but excluding slunks) and shall also in­ (xi) Full breasted heels, except on clude buffalo hides. or any other country, including those in the Western Hemisphere, pursuant to hand-turned footwear. (7) “Pintucking” means a raised ef­ (xii) Welting in excess of l/z inch in fect on the surface of footwear accom­ the Act of March 11, 1941, entitled “An Act to Promote the Defense of the United width and 5/32 inch in thickness in shoes plished by either single or double needle other than work shoes, or welting in stitching, but does not include the raised States” (Lend‘ Lease A c t); and custom- made footwear delivered for personnel excess of 9/16 inch in width and 5/32 seam on a moccasin type vamp. inch in thickness in work shoes, (8) “House slippers” means any foot­ of the Army or Navy of the United States. (13) “Civilian footwear” as used in (xiii) Straps, buckles, knife pockets wear designed exclusively for indoor or or decorative stitching on boots or work house wear. paragraph (i) includes all footwear ex­ cept military footwear and rubber foot­ shoes. •% ' ■ (9) [Deleted Mar. 9, 19443 wear. (xiv) Men’s one-piece leather uppers (10) “Line” means footwear of any one (i. e., vamp and quarter cut in one piece of the following types: (14) “Six months’ base period” means any consecutive six calendar months and seamed up the back). Men's dress, within the period from July 1, 1942 to (xv) Extension stitched heel seats, ex­ Men’s work, cept on: Youths’ and boys’, April 30, 1943 selected by a manufac­ Women’s and growing girls’, v . turer as his base period for the purposes Prewelts in all sizes, Misses’ and children’s. of this order. Stitchdowns in all sizes, Infants', (15) “Civilian line quota” means the Children’s shoes up to and including size House slippers, number of pairs of civilian footwear 3, and Athletic, within a single line manufactured by a Safety and established orthopedic footwear. Men’s safety shoes, and person during his six months’ bas'e (xvi) Metal nail heads for studs or Women’s safety shoes, period. any metal for decorative purposes. to the extent that such type of footwear (16) “ Safety shoes” means protective (xvii) Any stitching thread made from is manufactured for sale in the same occupational footwear incorporating or reserved Egyptian cotton (as defined in manufacturer’s price range; Provided, purporting to incorporate one or more Conservation Order M-117) or reserved That: of the following safety features: steel American extra staple cotton (as defined (i) Footwear of substantially identicalbox toe; electrical conductivity; electrical in Conservation Order M-197) for any kind and quality sold in more than one resistance; non-sparking and moulders’ decorative or any non-functional pur­ price range to different types of pur­ (Congress type) protection (shoes which pose. chasers shall be deemed one line; and can be quickly removed, worn to pro­ (xviii) Any non-functional or decora­ (11) In case the sale by the manufac­ tive stitching except: tect against splashing metals). turer is at retail or to a purchaser which (a) Not more than four rows of non­ (17) “Long shield tip” means a shield functional stitching on imitation tips, controls, is controlled by, qr is subject tip having a horizontal measurement to common control with, the .manufac­ foxings, saddles, mudguards and mocca­ from the bottom of the curve to the upper sin type vamps. turer, then, the applicable price range end of the tip of more than 1 inch (using (b) Not more than an aggregate of shall be the retail price range. size 4B as a standard). four rows of functional and non-func- No. 81------4 4344 FEDERAL REGISTER, Saturday, April 22, 1944 tional stitching parallel to the vamp, (ii) Embossed leather or genuine rep­ (13) No person shall utilize any upper tip, foxing, saddle, and moccasin seams. tiles of any color or colors (in all-over leather or lining leather set aside by tan­ (c) Design stitching solely to permit shoes) if finished prior to October 16, ners pursuant to Conservation Order direct non-stop stitching between cut­ 1942. M-310 or directions issued thereunder, outs. (iii) Shearling collars. for the following types of footwear: id) Design functional stitching on (iv) An additional color on tips or (i) Infants’; utility work cowboy boots. tongues of safety ’ shoes as above (ii) Misses’ and children’s (excluding (xix) Any strippings, braidings, pin- defined. all little gents’ and all sizes over size 3) ; tuckings, lacings or overlays, except (v) A combination of two colors in (iii) Footwear for the physically those serving a necessary functional part leather—part fabric uppers where maimed and deformed manufactured on purpose. the leather constitutes not more than a custom-made basis and not for stock; (xx) Straps passing over, under or 30% of the whole, upper material (ex­ except in the manufacture of one of those through a tongue or vamp. cluding linings). types of footwear. (xxi) Raised quarter or raised back (5) Except as otherwise authorized in (d) Restrictions on styling and types seams (other than vertical back seams), writing by the War Production Board on manufactured. (1) No person shall put except on genuine moccasins. application by letter, no person shall put into process any leather or fabric for the (xxii) Multiple straps, on Roman san­ into process for the manufacture of any manufacture of any footwear of a design dals. footwear any material for uppers (ex­ and construction not utilized by him be­ (xxiii) Kiltie or other ornamental cluding linings) except material finished tween September 1, 1940 and December tongues, if made of leather in whole or or dyed in the following colors: 31, 1942, except that: in part. Black (1) In the case of footwear the soles (xxiv) Platform soles and platform ef­ White (in other than cattlehide leather)' of which are made wholly from mate­ fects, on all footwear of heel height over Army russet and Town brown, as appearing rials other than leather or rubber i% inches, using size 4B as the standard. on the Pall 1942 color card of the Textile (which may, however, utilize leather for (xxv) Leather covered platforms or Color Card Association of United States, Inc. hinges or for tabs, heel inserts or other leather platform effects, on any foot­ Natural color non-skid or soundproofing features cov­ wear. No person shall use any natural colored ering not more than 25% of the area (xxvi) Heels gauging over 2y& inches leather for the manufacture of any foot­ of the bottom of the sole) designs and in height, using size 4B as the standard. wear except work shoes or safety shoes. constructions utilized between Septem­ (xxvii) Metal spikes, on golf shoes. (6) No person shall put into process ber 1, 1940 and October 18, 1943 may be (xxviii) Storm welting (except lami­ any cattle hide upper leather (other than used: nated split leather storm welting on work kip sides, kipskins and calf), including (ii) Nothing in this paragraph shall shoes) or caulk welting. upper leather splits, gauging 4% ounces prevent the correction of patterns to the (xxix) Rawhide or other leather laces, or over for the manufacture of any foot­ extent necessary to remove features pro­ except on work shoes. wear except work shoes, cowboy utility hibited by this order, the use of one new (xxx) Leather or part leather loops boots and lined police type high shoes. last in one heel height during each six performing the function of eyelets. (7) No person shall put into process months’ period beginning March 1 or (2) No person shall use in the manu­ any cattle hide leather (including splits) September 1 in any year for each type facture of any footwear any steel shanks for uppers or any cattlehide grain leather of footwear as described in paragraph of any gauge except: outsoles (except heads, bellies, shins and (b) (10), or the use of new patterns to 18 gauge.. .045 minimum, 50 carbon steel. shanks of 5 iron or less), for the manu­ fit such new lasts provided no changes 21 gauge— .032 minimum, 50 carbon steel. facture of house slippers or romeos. are made in the design of the footwear. 19 gauge__.040 m inim um , low carbon or (8) No person shall attach any (iii) The War Production Board may basic steel. leather outsoles or outside leather taps make exceptions in this paragraph in unless such shanks were in said person's to any footwear having raised or flat favor of patterns or designs which will inventory on September 10,1942, or were seam mocassin type vamps (including conserve leather or other materials. subsequently acquired from a producer genuine moccasins utilizing soles) or (2) No person shall put into process of steel shanks who had, prior to Septem­ mudguard vamps, any saddle-type foot­ any leather or fabric for the manufac­ ber 10,1942, rolled steel plate for shanks wear, or any footwear with imitation ture of any women’s evening slippers, of a different gauge. wing tips, imitation stitched moccasin except those using gold or silver upper (3) No person shall put into process types, imitation stitched mudguards and leather finished prior to March 16, 1943 any leather for the manufacture of imitation stitched saddles; Provided, with split, head, belly, shin or shank any boots except men’s blucher high cut however, That nothing in this subpara­ outsoles of 5 iron or less. laced boots ten inches or under in height graph (c) (8) shall apply to women’s (3) No person shall use special proc­ (measured from heel seat, using size 7 and girls’ shoes with heels inches esses or materials at any stage of manu­ as the standard) and men’s and women’s and over in height, using size 4B as the facturing footwear for the purpose of utility work cowboy boots: Provided, standard. rendering such footwear more adaptable however, That upon letter application (9) No person shall put into process to retail display. the War Production Board may permit any patent leather for the manufacture (4) No person shall attach to any foot­ any person to make boots higher than of men’s shoes. -wear (except infants’ footwear, house ten inches for use in specified hazardous (10) No person shall put into process slippers or women’s gold or silver evening occupations. any upper leather or leather or rubber slippers) outsoles, other than wooden (4) No person shall put into process soles for the manufacture of men’s san­ soles, not conforming to the specifica­ any material for the manufacture of dals. tions contained in Schedule I annexed to footwear of more than one color (sub­ (11) No person shall manufacture this order. je c t to unavoidable deviations in shade any leather or part leather bows for use (e) Exceptions to paragraphs (c) and normally experienced in finishing leath­ on footwear. (d) above. The foregoing prohibitions ers or dyeing fabrics). This restric­ (12) No person shall attach any soles and restrictions of this order shall not tion shall apply to the color of stitch­ heavier than 4 iron cut from chrome, apply to: ing, lacing and bindings, but shall chrome retan, or any combination (1) Footwear made wholly without not apply to the color of linings and chrome tanned cattlehide or horse butt leather and without rubber or plastic soles. Nothing in this paragraph shall leather, excluding splits, to any footwear soles where no two-tone effect is created. prevent unavoidable discoloring of except infants’, misses’ and children’s This exemption shall extend only to thread, leather, and perforations as a shoes (excluding all sizes over size 3), paragraph (c). However, shoes of result of antiquing, or the use o f: youths’ and boys’ shoes (excluding all multi-colored fabric (a single fabric con­ (i) Embossed leather or genuine rep­ sizes over size 6), men’s work shoes, and taining more than one color) are per­ tiles of the colors permitted in para­ men’s and women's safety shoes manu­ mitted and may have bindings or other graph (c) (5) below but having slight factured in accordance with paragraph trimmings (not including.tips, foxings, variations in shade caused by normal (e-e) below. This provision does not eye stays, platforms or heels) in one of finishing of such leathers, or apply to repair. the colors of the material. FEDERAL REGISTER, Saturday, A p ril 22,1944 4345

<2) Special types of footwear made for (ii) Any bank, banker or trust com­ such manufacturer shall be diminished the physically deformed or maimed. pany affecting or participating in a sale by its proportionate part of such increase. (3) Football, baseball, hockey, skating, ‘ or delivery of footwear or leather solely (2) No person shall manufacture any bowling, track, and ski shoes and other by reason of the presentation, collection, line of footwear (except military foot­ similar footwear designed for use in ac­ or redemption of an instrument, whether wear) not manufactured by him in his tive participation in sports which require negotiable or otherwise. six months’ base period. specially constructed footwear for such (4) In making sales or delivery of any (3) Exceptions to paragraphs (i) (f ) lise. This does not include golf shoes. footwear, no person shall make discrimi­ and (i) (2). (i) A lower priced line of (4) Footwear forming part of histori­ natory cuts in quantity or quality be­ the same type of civilian footwear may cal or other costumes for theatrical pro­ tween customers who meet such person’s be substituted in whole or in part for ductions. regularly established prices, terms and a higher priced line. (3) Infants’ footwear up to and in­ credit requirements, or between cus­ (ii) The unused quota of any higher cluding size 4. tomers and his own consumption of-said priced line may be added to a lower (6) Footwear made wholly of shear­ footwear. Reduction in sales or de­ priced line of the same type of civilian lings, including soles. liveries proportionate with any curtail­ footwear. (e-e) Restrictions on the manufacture ment in supply available for non­ To the extent shown in the following of safety shoes. No person shall manu­ military use shall not constitute a dis­ schedule, any person may transfer the facture * any safety shoes which have criminatory cut. unused portion of any civilian line quota leather uppers with leather or rubber (5) No manufacturer shall accept de­ Or quotas of men’s dress or women’s and (including synthetic rubber) compound livery of any upper leather or lining growing girls’ footwear to the production bottoms, except those which comply in leather reserved by tanners pursuant to of the following types of footwear: respect to types, patterns, materials, Conservation Order M-310, or directions method of construction, labelling and all Percentage of issued thereunder, for the manufacture unused quota other details with the American War of the following types of footwear: permitted to Standards Specifications for Protective (i) Infants’; Type: be added Occupational Footwear, published by the (ii) Misses’ and children’s; Men’s work______115 American Standards Association. These (iii) Footwear for the physically Youths’ and boys’______125 specifications are listed below and may be maimed and deformed manufactured on Misses’ and children’s______125 obtained from the War Production Board, the custom-made basis and not for stock; Infants’______125 Textile, Clothing and Leather Division, if his supply of leather suitable for such Provided, however, That in no event shall Washington 25, D. C., or from the Amer­ shoes and obtained on certificate pur­ any unused quota be added to a higher ican Standards Association, 29 West 39th suant to such directions shall thereby priced line, And provided further, That Street, New York, N. Y. become larger than a 30-days’ inventory. in no event shall a new line be added Men’s Safety-Toe Shoes— Z41.1-1943 (2nd A 30-days’ inventory shall be deemed to until authorization has been obtained edition)— September 24, 1943 be the quantity of leather actually used under paragraphs (d) (1) above and Men’s Conductive Shoes— Z415-1943 (3rd for the production of shoes of these types paragraphs (i) (3) (vi) below. edition)— September 24, 1943 during the preceding calendar month, (iii) A person may exceed his civilian Men’s Explosives-Operations (Non-Sparking) unless no such footwear was produced in Shoes— Z41.4-1943 (2nd edition)— Septem­ line quota for any line of women’s safety ber 24, 1943 that month, in which case a 30-days’ in­ shoes if a pairage equal to such excess Men’s Electrical-Hazards Shoes— Z41.5-1943 ventory shall be deemed to be the leather is deducted from some other line or lines (3rd edition)— September 24, 1943 required to manufacture his scheduled of footwear. Men’s Foundry (Molders) Shoes— Z41.6-1943 production of such shoes for the follow­ (iv) During any six months’1 period, (3rd edition)—September 24, 1943 ing thirty days., beginning March 1 or September 1 in Women’s Safety-Toe (Oxford) Shoes— Z41.2- (i) Restrictions on production of lines 1943 (3rd edition)—September 24, 1943 any year, a manufacturer whose total Women’s Safety-Toe (High) Shoes— Z41.7- of footwear. (1) No person shall in any production for the period will be less 1943 (2nd edition)— September 24, 1943 six months’ period beginning March 1, than $250,000 (based on wholesale value) Women’s Explosives-Operations (Non-Spark­ 1943 complete the manufacture of more fs not subject to paragraph (i) (1), pro­ ing) Shoes— Z41.8-1943— (2nd edition)—• civilian footwear within the following vided that no new lines are added and September 24, 1943 lines than the percentage of his civilian provided the manufacturer does not ex­ Women’s Conductive Shoes— Z41.9-1943 (2nd line quota for such line shown in the edition)— September 24, 1943 ceed his aggregate production in pairs following schedule: during his six months' base period by Upon letter application the War Pro­ Percent of each more than 50%. The exemption in this duction Board may authorize deviations price range paragraph shall not apply to manufac­ Youths’ and boys’______- 125 from the above mentioned standards turers affiliated, as a subsidiary or other­ When necessary to meet minimum civil­ Infants’ ______125 Men’s safety shoes______125' wise, with another. ian requirements for safety shoes. Men’s work______— _ 115 (v) Paragraphs (i) (1) and (i) (2) (f) Restriction on dyeing. No person Men’s dress______100 shall not apply to footwear made for the engaged in the business of shoe manu­ Women’s and growing girls’______100 physically maimed or deformed on a facturing shall dye any new footwear House slippers______100 custom-made basis and not for stock. except in the colors mentioned in para­ Athletic— ...... 100 (vi) The War Production Board may graph (c) (5) above. Women’s "safety shoes______100 authorize transfers of quotas from one (g) General exceptions. None of the With respect to misses’ and children’s type of footwear to another, and may au­ restrictions of this order shall apply to footwear, no manufacturer may exceed thorize new or additional production in: military footwear. 125% of his aggregate quotas for all his (a) lines of which there is a critical civil­ (h) Restrictions relating to sales and lines of misses’ and children’s footwear, ian shortage, or (b) lines of reasonably deliveries, ( l ) No person shall sell or but his production may be distributed durable footwear utilizing non-critical deliver any new footwear manufactured among his established lines of misses’ materials. However, it will be the gen­ in the United States of America in vio­ and children’s footwear in any manner eral policy of the War Production Board lation of this order. _desired: Provided, however, That to the not to authorize new or additional pro­ (2) No tanner or sole cutter shall de-*“" extent that a manufacturer’s production duction in a plant located in a Group I liver any leather to any shoe manufac­ of military footwear shows a decrease or Group n labor area unless the manu­ turer if he knows or has reason to believe below that during his six months’ base facturer shows that he will not require said leather is to be used in violation of period, his production within any line of additional labor otherwise available for the terms of this order. civilian footwear may exceed the civilian war production. (3) The prohibitions aftd Restrictions line quota for such line by its proportion­ Application for such authorization of this paragraph shall not kpply to: ate part of such decrease; and to the ex­ shall be made by letter, describing fully (i) Deliveries of footwear or leather by, tent that such manufacturer’s produc­ the footwear manufactured or proposed or to, any person having temporary cus­ tion of military footwear shows an in­ to be manufactured, listing in detail all tody thereof for the sole purpose of crease over that during the six months’ the materials to bé used, and stating the transportation or public warehousing. base period, each civilian line quota of pairs desired to be made in each price 4346 FEDERAL REGISTER» Saturday, April 22, 1944 range, the source of the manpower that over a 3-inch mandrel. The material shall cannot be construed to apply to any footwear will be required, whether production will not crack, after aging for 48 hours at 120° having a net wholesale price of more than P. ± 2° P. and reconditioning at 65 per cent $1.75. (Issued Feb. 28, 1944.) be reduced in any other line or lines, and nfc 2 per cent relative humidity and 120° P. ± all other facts pertaining to the applica­ 26 F., when bent 180° over a 3-inch mandrel. [F. R. Doc. 44-5669; Filed, April 21, 1944; tion. Permission will not be granted to Tackiness. The material shall not become 11:17 a. m.] manufacture new lines unless the foot­ tacky or flow when subjected to a tempera­ wear to be made has been specifically ture of 120° P. ± 2° P. for 4 hours. priced by the Office of Price Administra­ Stitch, tear. Material which Is used for tion and the certificate number of such stitched soles shall have a stitch tear strength P art 3292—A utomotive V ehicles, P arts o f not less than 30 pounds when tested dry, and E quipm ent action is furnished with the application. and not less than 25 pounds when tested (vii) [Deleted Mar. 9, 1944] immediately after soaking in water for 4 [Limitation Order L-158, Direction 2] (4) The period selected by any person hours. When the outsole is cemented se­ as his six months’ base period shall ap­ curely to a backer or midsole, the test shall PARTS FOR BRITISH MILITARY VEHICLES ply to all lines and may not be subse­ be made of the combined assembly. The following direction is issued pur­ Effect of water. After submerging in water quently changed. at 75° P. ± 2° F. for 4 hours, the material suant to Limitation Order L-158: (j) Appeals. Any appeal from the pro­ shall not show visual evidence of delamina­ Notwithstanding thq provisions of Limlta- visions of this order shall be made by tion or separation and shall not show an .tion Order L-168, which prohibit the produc­ filing a letter in triplicate, referring to increase in thickness of more than 20 per tion of automotive replacement parts the particular provision appealed from cent. specially designed for military vehicles, pro­ and stating fully the grounds of the I nterpretation 1 ducers of automotive parts are hereby appeal. The word “manufacture” in line two of authorized to produce parts as ordered by the (k) Records. All persons affected by paragraph (c) (1) of § 3290.191. (Conserva­ British Army Staff— British Ministry of tion Order M-217), refers to the operation Supply Mission, to maintain military vehicles this order shall keep and preserve for classified as “Suply/Mech” of the models and not less than two years accurate and whereby the features mentioned in subdivi­ sions (i) to (xvii), inclusive, of said para­ made by the manufacturers described below: complete records concerning inventories, graph became a part of the footwear. Model of Vehicle and Manufacturer purchases, production and sales. Illustration: Subdivision (iv) refers to full (l) All persons affected by this order overlaid tips or full overlaid foxings except American Bantam, B.R.O. % Ton, 4x4, shall file such reports and questionnaires on work shoes. The order prohibits the American Bantam Car Co., Butler, Penna. as may be requested by the War Produc­ placing of full overlay tips or full overlay Aqua-Cheetah, XAC-2-5 Amphibian, 4x4, tion Board, subject to the approval of the foxings on dress shoes after October 31, 1942. Amphibian Car Corp, Buffalo, New York. Bureau of the Budget in accordance with But it does not prohibit the completion of Auto Car, U-70, 1600 Gal. Refueller, 6 ton, the shoe if an overlaid tip or an overlaid 4x2, Auto Car Co., Ardmore, Penna. the Federal Reports Act of 1942. foxing has been affixed prior to said date. Brockway, Model 156, 10 ton 4 x 2 with (m) Communications. All reports re­ (Issued October 6, 1942.) S/Trailer Model 146X, 1000 Gal. 3 ton 4 x 2 quired to be filed hereunder, and all com­ Gas Tanker, Model 166 S, 2000 Gal. 6 ton I nterpretation 2 munications concerning this order, shall, 4 x 2 Gas Tanker, Model 260a, 10 ton, 4 x 2 unless otherwise directed, be addressed FOOTWEAR Dump, Brockway Motor Truck Co., Inc., 1939 Shira, Cortland, New York. to: War Production Board, Textile, The reference to “leather outsoles or out­ Clark Airdrome Tractors, 4x2, Code Mill 44, Clothing and Leather Division, Washing­ side leather taps,” in paragraph (c) (8) of Clark Truck-tractor Division, Clark Equip­ § 3290.191 Conservation Order M-217 desig­ ton 25, D. C., Ref.: M-217. ment Co., Battle Creek, Michigan. (n) Violations. Any person who wil­ nates outsoles and outside taps the wearing Case Co., Airdrome Tractors, 4x2, LA7, qualities of which are derived primarily from fully violates any provision of this order, Case Co., 700 State Street, Racine, Wisconsin. leather. For example: An outsole composed or who, in connection with this order, Chevrolet, % ton Pick-up, Thornton, Tan­ primarily of leather but having a paper wilfully conoeals a material fact or fur­ dem, 3 ton, 6x4, 1 y2 ton, 160” WB. Model coating would constitute a “leather outsole,” nishes false information to any depart­ 4403, 4 x 2, Chevrolet Motor Division, General since, presumably, the paper would soon dis­ Motors Corporation, General Motors Bldg., ment or agency of the United States is appear and the wearing quality of the sole Detroit, Michigan. guilty of a crime, and upon conviction would rest primarily upon the leather. Davis, Gas Tank 900 Gal., Davis Welding & may be punished by fine or imprison­ On the other hand», if a sole of durable Mfg. Co., 1110 Richmond Street, Cincinnati, ment. In addition, any such person may substitute material were cemented on a thin Ohio. leather sole so that the substitute material be prohibited from making or obtaining Dodge, T-203-B 1 y2 ton, 4x4, VK-62-B, 3 received the wear the leather sole would con­ further deliveries of, or from processing ton, 4x2, WK-60 Wrecker, 6 x 4, 3 ton stitute a midsole rather than an outsole. or using, material under priority control Pargo, WF-32, 1% ton 4x4, Dodge Di­ Similarly, a wooden sole having a leather vision, Chrysler Corporation, 7900 Jos. Cam- and may be deprived of priorities assist­ heel insert to provide nonskid and sound­ pau Ave., Detroit, Michigan. ance. proofing features is not a “leather outsole,” Federal, 89K-145-167, C.O.E. Fire Fighter, (o) Effective date. This order as because the wear of the shoe is derived mainly from the wooden portion of the sole. (Issued Federal Motor Truck Co., 5780 Federal Ave- amended shall become effective March 9, ' nue, Detroit, Michigan. Oct. 18, 1943.) 1944 with the exception of paragraph Ford, 1 y2 ton, 4x2, 158” W. B. Model 118-T, (c) (2). which shall become effective on I nterpretation 3 1 y2 ton, 4x2, 158” W. B. Model 198-T, V/2 ton, 4x2, 158” W. B. Model 198-W, 1% ton, March 15, 1944, and paragraphs (c) (5) , [Interpretation 3 issued Dec. 17, 1943. A 4x2, 138” W. B. Model 11-T, 1 y2 ton, 4x2, (e) (1), (e) (6) and (f), which shall question and answer interpretation.] become effective on April 15, 1944. 132” W. B. Model 11-D, iy2 ton, 4x2, 158” I nterpretation 4 W. B. (R. H. D?) CKD, 1 1/2 ton, 4x4, Cargo, Issued this 21st day of April 1944. Ford Motor Co., 3674 Schaefer Road, Dear­ DEFINITIONS born, Michigan. W ar P roduction B oard, The definition of “price range” in para­ Carl H. Frink, 159-S snow plough, Carl H. By J. Joseph W helan, graph (b ) (11) of Conservation Order M-217 Frink, Clayton, Thousand Islands, N. Y. Recording Secretary. states that price range shall have the usual Fruehauf, Model 220, 2 Dual Wheels, 10 ton, 4 wheeled, 30 ton Low Loading, Frue­ S c h e d u l e I— S pecifications f o r S o l e s trade significance so long as the highest list price in the range does not exceed the hauf Trailer Co., 10940 Harper Avenue, De­ Abrasion. The material shall have a resist-, lowest by more than 10% or 25$ a pair, troit, Michigan. ance to abrasion of not less than 4000 revo­ whichever is the greater. The January 12, F. W. D., Timber Tractors, 4 x 4, C. U., S. U. lutions to abrade 50% of the thickness of the 1944 amendment in paragraph (b) (10) (iii) Medium Artillery Tractor, 4x4, Timber material, when tested on the type of machine of the order allows manufacturers of misses' Hauling Tractor C. U. 4 x 4, 126” W. B., 5-6 ton Truck 4 x 4, G. S., SU-COE, Four Wheel used by and following the procedure of the and children’s and youths’ and boys’ foot­ wear to consider their production in each Drive Auto Co., Cllntonville, Wisconsin. National Bureau of Standards. The material G. M. C., AFW-809, 10 ton, 6x4, ACK-353, may be tested on any other abrasive testing type up to a wholesale price of $1.75 a pair as one line. This does not, however, permit 1 y2 ton, 4 X 4 Cargo, ACX-504, 5 ton, 4x2, machine, using an appropriate number of manufacturers to add 250 to the $1.75 and ADF-855 10 ton, G. S., 4x2, General Motors abrasive strokes of revolutions to give abra­ consider all misses’ and children’s and youths’ Truck & Coach Div., Yellow Truck & Coach sive action equivalent to the above. and boys’ footwear up to $2.00 as falling Mfg. Co., 660 South Blvd., Pontiac, Michigan. Crackiness. The material shall not crack, within the line. The exemption added by Heil Body Co., Semi-Trailers W/2000 Gal. after conditioning for 4 hours, at 32° P. and the amendment is one superimposed upon Tanks, F2A, Heil Company, 3000 W. Montana testing at that temperature, when bent 180° the existing treatment of price lines and Street, Milwaukee, Wisconsin. FEDERAL REGISTER, Saturday, April 22, 1944 4347

Hug, 51-6, Hug Company, Highland, Penna, and Winter Weiss Corporation, Den­ Willamette-Hyster Qo., Fair lead D4, Log­ Illinois. ver, Colorado. ging Sulkies, Willamette-Hyster Co., Portland, International, KR-8, 179" W. B. 4 x 2, 3 Snogo Plows, L'IR, Klauer Mfg. Co., Du­ Oregon. buque, Iowa. ton G. S. Dump, KR-10, 5 ton, cargo, 4x2, Issued this 21st day of April 1944. K-5, Gas Refueller, 550 Gal. 1 y2 ton 4x2, Studebaker, M. 15, 128" W/B, '4 x 4; M. 16, Tractor Truck with s/T 2 y2 ton 4x2, KR-8R, 195" W. B. 4 x 2; Studebaker Corporation, W ar P roduction B oard, 161" W. B. 2 ^ -3 ton Dump KR-8R, R. H. D. Main & Bronson Streets, South Bend, In ­ By J. Joseph W helan, 137" W. B. 3 ton 4x2, K-8R, 149" W. B., 3 diana. Recording Secretary. ton 4 x 2 Dump 19, 4 x 2 w/P. T. O. Tractor, Trailer Co. of America, B44-HWF Special, K-8 Fire Tender, International Harvester 10 ton, 4 Wheeled, Trailer Co. of America, [F. R. Doc. 44-5684; Filed, April 21, 1944,' 11:16 a. m.] Co., 180 N. Michigan Avenue, Chicago, Illi­ 31st & Robertson Avenues, Oakley, Cincin­ nois. nati, Ohio. Mack, EHT Tractor with S/T 10 ton 4x2, Trask, Re-fuelling Trailers, E. L. Trask EXBX, 15 ton 6 x 4 (4800 Gal.), LMSW-23 Equipment Co., 90 Brookline Ave., Boston, P art 3293— Chemicals Wrecker Truck, -6 x 2, 5 ton, LMSW-39, Mass. [General Allocation Order M-300,,as Amended Wrecker Truck, 6 ton 6 x 4, FT, 10 ton Dump Truck Engineering Corp., 5 P. T.-S. W. Mar. 16, 1944, Arndt. 3] Truck, Mack Mfg. Corporation, 34th St. & Trailer Trains, Truck Engineering Corp., 1285 48th Ave., Long Island City, L. I., New York. W. 70th Street, Cleveland, Ohio. CHEMICALS AND ALLIED PRODUCTS Bogers-Winter WeioS, 30 ton Tank Trans­ White, 922, 10 ton 6 x 4, 920D, 920, 15 ton, port Trailer, H30-L-F-1, 12 Wheeled, H10- 6 x 4, G. S. (920-4755 Gal. Tanker), 760, 10 Appendices A, B and C of § 3293.1000 L-S4 “Low, Bed’’ Tank Transport, Trailer, 10 ton, 4 x 2, 3430-Gal. Tanker, White Motor General Allocation Order M-300 are ton, w Wheeled, Rogers Bros. Corp., Albion, Co., 842 E. 79th Street, Cleveland, Ohio. amended to read as follows:

Appendix A—Allocation Using Forms WPB-2945 and WPB-2946 (Formerly PD-600 and 601)

(N o t e : Materials under.Schedules 8, 9, 10, 11, 12 and 14, added since Mar. 16, 1944)

Small order exemption per Initial allocation allocation period, (“u” in­ date and alloca­ Customers’ Suppliers’ dicates use restriction in Report on Form tion period, Material Schedule filing date filing date schedule; “ c” in d ic a t e s WPB-3442 (•indicates (WPB-2945) (WPB-2946) small order certificate re­ user’ s stocks quired by schedule.) . frozen.)

1 2 3 4 5 6 : 7

15th...... 20th...... 1 kilogram...... None______5-4-43, month.

Anhydrous hydrofluoric acid___ 15th ont.h 500 lbs...... None______, 3-1-44, month.

15th.n...... 20th...... 50 lbs...... None...... 4-1-44, month.

Hide glue, extracted bone glue 8 (Issued 3-22-44)______15th...... 20th...... 1200 lbs. of hide and extracted Yes...... 4-1-44, month. and green bone glue. bone glue, and 6000 lbs. of green bone glue.

Formaldehyde...... -______[15th— (10 th if (10,000 lbs. (37% sol.)...... j-9 (Issued 4-6-44)______supplier is |20th...... (3,000 lbs...... jN on e______3-1-43, month. Paraformaldehyde...... 1 dealer).

TT . , 15th 20th...... 1 ... 10, 000 lbs...... None...... 3-1-43, month.

15th ______2 0 th ...... 100 lbs...... None...... 3-1-43, month.

15th ...... 20th...... 270 gals...... None...... —. 7-1-42, month.

14 (Tssiifid 4-18-441 15th...... 20th...... _...... 5 gals__ ... ______None______5-1-44, month.

Appendix B—Axlocation Using Suppliers’ Form WPB-2947 (Formerly PD-602) W ith Customers’ Use Certificates

(N ote : Dipentene, under Schedule 13, added since Mar. 16, 1944)

Small order exemption per alloca­ In itial allocation Suppliers’ filing tion period—No certificate re­ Report on Form Material Schedule date and allocation date (WPB-2947) quired. ( “ u” indicates use re­ WPB-3442 period 1 striction in schedule) 1 2 3 4 5 6

2 (Issued 2-11-44)...... 20th...... 100 grams...... None...... 4-1-43, month.

Peroxygen chemicals: Hydrogen peroxide______[600 lbsl...... jfi (Tssno/1 3 - 2 8 - 4 4 1 ...... 20th...... <75 lb s ...... [Y es...... 4-1-44, month. [25 lbs...... 1

20th...... 5 gals...... _____ ~r ______Y es...... 5-1-44, month. 4348 FEDERAL REGISTER, Saturday, A p ril 22, 1944

A ppendix O—Allocation Using F orm WPB-2947 (Formerly PD-602) foe Suppliers, and Customers’ Form WPB-2945 (Foemeelt PD-600) for Large Orders t ' • and Use Certificates for Intermediate Orders

(N ote; N o additions since Mar. 16,1944)

Customers'’ Applications Small order exemp­ tion per allocation Suppliers’ period. (*‘u” indi­ filing On Form WPB-2945, cates use restriction Report On Form In itial allocation Schedule Use certificate quan­ in schedule; “ c” in­ date WPB-3442 date and alloca­ Material filing date and quan- tities per allocation (WPB- tion period titles per allocation dicates small order 2947) period from all sup­ period from all sup­ certificate required pliers. pliers b y schedule) 1 2 3 4 6 6 7 8

Thiamine hydrochloride.. 8 (Issued 2-11-44)... 15th—more than 2,000 Between 100-2,000 20th___ None 5-4-43, month. grams. grams.

6 (Issued 3-28-44)... 1st—15,000 pounds or Between 440-15,000 440 pounds per quar­ 10th..... On Form W PB - 7-1-43, quarter. more. pounds. ter. 2772 instead.

Issued this 21st day of April 1944. of Agr. Food Dir. 3, 8 F.R. 2005, Food Dir. New Rubber Tires and Tubes, is hereby 5, 8 F.R. 2251, Food Dir. 6, 8 F.R. 3471, revoked in accordance with Supplemen­ W ar P r o d u c tio n B oard, Food Dir. 7, 8 F.R. 3471, Food Dir. 8, tary Order No. 40.1 B y J. J o se ph W h e l a n , This order shall become effective in the Recording Secretary. 8 F.R. 7093) Issued this 20th day of April 1944. District of Columbia and the 48 States IF. B . Doc. 44-5678; Filed, April 21, 1044; May 1, 1944. 11:17 a. m.] C hester B o w l e s , This order shall become effective in the Administrator. territories and possessions of the United [F. B. Doc. 44-5634; Filed, A pril20 , 1944; States June 14, 1944. 12:01 p. m.] (56 Stat. 23, 765; Pub. Law 151, 78th Chapter XI—Office of Price Administration Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, P art 1305—A dministration 8 F.R. 4681) [Gen. RO 9,1 Arndt. 5] P art 1315— R ubber and P roducts and Issued this 20th day of April l944. M aterials o f W h ic h R ubber I s a C o m ­ C hester B o w l e s , TEMPORARY FOOD RATIONS p o n e n t Administrator. [MPR 107,1 Revocation] A rationale accompanying this amend­ [F. R. Doc. 44-5639; Filed, April 20, 1944; ment, issued simultaneously herewith, USED TIRES AND TUBES - 12:06 p. m .j has been filed with the Division of the Federal Register.* Maximum Price Regulation 107 General Ration Order No. 9 is (§§ 1315.1351 and 1315.1362, inclusive), amended in the following respects: Used Tires and Tubes, is hereby revoked P art 1315— R ubber and P roducts and M a­ 1. Section 1305.65 (c) is amended by in accordance with Supplementary Or­ terials of W h ic h R ubber I s a C o m po ­ deleting the second sentence and sub­ der No. 40* n e n t stituting therefor the following: This order shall become effective in the [RPS 66,2 as Amended, Revocation] District of Columbia and the 48 States The certificates or other ration evi­ May 1, 1944. RETREADED AND RECAPPED TIRES AND THE dences shall be for 8 points of processed This order shall become effective in the RETREADING AND RECAPPING OF RUBBER foods, and 8 points of foods covered by territories and possessions of the United TIRES Ration Order 16 for each nine meals (or States June 14, 1944. fraction thereof) which he will eat at Revised Price Schedule 66, as amended such place during the period of time (56 Stat. 23, 765; Pub. Law 151, 78th (§§1315.1201 and 1315.1216 inclusive), stated on the application. In addition Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, Retreaded and Recapped Tires and the the Board shall issue certificates or other 8 F.R. 4681) Retreading and Recapping of Rubber ration evidences for one pound of sugar Issued this 20th day of April 1944. Tires, is hereby revoked in accordance with Supplementary Order No. 40.* for each thirty-six meals (or fraction C hester B o w l e s , thereof) which the applicant will eat at This order shall become effective in [F. R. Doc. 44-5638; Filed, April 20, 1944; the District of Columbia and the 48 such place during the period of time 12:06 p. m.j stated on the application. States May 1, 1944. This order shall become effective in the 2. The second sentence of I 1305.65a P art 1315— R ubber and P roducts and M a­ territories and possessions of the United

P art 1336— R adio , X - R a y and C o m m u n i­ Price Regulation, the difference in each for the sale of sewer pipe products sold c a tio n A pparatus case between his customary supplier’s f. o. b. factory on a “ pick-up basis,” ex­ cept the St. Louis Metropolitan Area, {BPS 84,1 Arndt. 7] maximum price under section 2 of the General Maximum Price Regulation and and for “less than carload shipments by RADIO RECEIVER AND PHONOGRAPH*PARTS his maximum price for the product rail” shall be a price not in excess of the A statement of the considerations in­ f. o. b. factory as computed under Maxi­ highest price charged for a delivery on volved in the issuance of this Amend­ mum Price Regulation No. 306, converted a “pick-up basis,” and for “less than a carload shipment by rail” during the ment No. 7 to Revised Price Schedule No. to the same units and adjusted where month of March 1942 for the same qual­ 84 has been issued simultaneously here­ necessary to include incoming freight. ity, kind, and quantity of sewer pipe with and filed with the Division of the (b) In the event that a secondary products delivered to purchasers of the Federal Register.* packer cannot establish his maximum same class: Except that any manufac­ A new section 1336.101 (g) is added as price under paragraph (a ), he shall apply turer making sales on a “pick-up basis” , follows: to the Office of Price Administration, Washington, D. C., for authorization of f. o. b. factory, from a factory located § 1336.101 Maximum “prices for a maximum price, as provided for proc­ within the Eastern Area, as defined in radio receiving sets and phonograph essors in § 1341.563. section 5.1 of this regulation, or any parts. * * * manufacturer making sales in “less than 2. Section 1341.583 (g) (2) is amended (g) Sales between manufacturers of carload shipments by rail” delivered to a to read as follows: radio receiving tubes pursuant to War. destination point within such area, may Production Board scheduling programs. (2) Where the processor did not packincrease his established March 1942 Notwithstanding the provisions of para­ and sell the same variety, style, grade, maximum price by an amount not in ex­ graph (a) radio tube manufacturers may size and container of brined cherries cess of an amount determined in the sell to other radio tube manufacturers during the 1941 base period, the maxi­ following manner: and deliver^ civilian type radio receiver mum price of his closest competitive sell­ tubes pursuant to War Production er for the same variety, style, grade, Reduce the discounts established dur­ Board scheduling programs at maximum *size and container of brined cherries of ing the month of March 1942 for sales prices no higher than the seller’s maxi­ the 1943 pack shall be the processor’s of sewer pipe products covered by dis­ mum net prices for sales to distributors maximum price. count numbers 1 to 7, inclusive, by 3 less 20% discount, points, those covered by discount num­ 3. Section 1341.551 (n) is added to bers 8 to 16, inclusive, by 4 points, of the This amendment shall become effec­ read as follows: tables of list prices set forth'in section tive April 26, 1944. (n) “Secondary packer” means a per­ 5.2 of this regulation. (56 Stat. 23, 765; Pub. Law 151, 78th son who purchases the kind of processed (b) Maximum prices for the sale of Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, commodity being priced in bulk, barrels sewer pipe products sold f. o. b. factory 8 F.R. 4681) or other large containers and reproc­ on a “pick-up basis” and/or “ delivered” for the St. Louis Metropolitan Area are Issued this 20th day of April 1944. essors or repacks it in smaller containers other than the original container in established in section 8.4 (e) of this C hester B o w l e s , which the commodity was shipped to article. Administrator. him. The term “pick-up basis” when used in reference to a sale means a transac­ [P. R. Doc. 44-5635; Filed, April 20, 1944; This amendment shall become effective 12:05 p. m.j tion in which a purchaser takes delivery April 26, 1944. of sewer pipe products at the factory and (56 Stat. 23, 765; Pub. Law 151, 78th removes the sewer pipe products from Gong.; E.O. 9250, 7 F.R. 7871; E. O. 9328, the factory by conveyance provided by the purchaser. P art 1341—C an n ed and P reserved F oods 8 F.R. 4681) The term “less than carload shipment” [MPR 306,* Amdt. 28] Issued this 20th day of April 1944. means a shipment or quantity of vitri­ CERTAIN PACKED FOOD PRODUCTS* C hester B o w l e s , fied clay sewer pipe and allied products Administrator. • A statement of the considerations in­ which totals less than the minimum volved in the issuance of this amendment weight as set forth in the tariffs of rail­ [F. R. Doc. 44-5650; Filed, April 20, 1944; road carriers upon which the railroad has been issued and filed with the Divi­ 12:03 p. m.] sion of the Federal Register.* carload rate from the point of shipment Maximum Price Regulation No. 306 to the point of destination is based. is amended in the following respects: Sec. 5.3 Percentage discounts. The 1. Section 1341.589 is added to read as P art 1362—C eram ic P roducts, S tr uc­ percentage discounts set forth in the follows: tu r al C l a y P roducts and O th er M a ­ table below are so arranged that the ap­ § 1341.589 Permitted increases for sec­ s o n r y M aterials plicable percentage discount for any ondary packers of certain specified item for delivery in any freight zone in packed food products, (a) The secondary [RMPR 206,1 Amdt. 2] the Eastern Area can be determined by the following procedure: select the dis­ packer of maraschino and glace cherries, VITRIFIED CLAY SEWER PIPE AND ALLIED Concord grape juice and sauerkraut shall count number shown on the list price PRODUCTS determine maximum prices per dozen tables for the desired item. An identi­ containers or other unit for these prod­ A statement of the considerations in­ cal number appears in the left-hand ucts which are purchased by him in bulk, volved in the issuance of this amend­ column of the table below. The hori­ barrels or other large containers and ment has been issued simultaneously zontal line of figures at the top of the further processed and repacked in smaller herewith and filed with the Division of table indicates various rail freight rate containers, by adding to his maximum the Federal Register.* zones per cwt. from Akron, Ohio, to points of destination. After determin­ prices for such products as established Sections 4.1 and 5.3 are amended to under section 2 of the General Maximum ing the proper freight zone within which read as set forth below: the destination point occurs, the appli­ ♦Copies may bfe obtained from the Office of S ec. 4.1 Maximum prices for “pick-up cable percentage discount will be found Price Administration. basis” and for uless than carload ship­ at the junction of the vertical freight 17 F.R. 2000, 2132, 2169, 2303, 2512, 2543, 3821, 6771, 7902, 8948; 8 F.R. 3703, 5632, 15523. ments by rail”, (a) Maximum prices zone column and the horizontal line at 2 8 F.R. 16896, 17224, 17295, 17482; 9 FH . which the predetermined discount num­ 287, 96, 1710. *8 F.R. 14281, 16995. ber appears. 4350 FEDERAL REGISTER, Saturday, April 22, 1944

P ercentage Discounts P art 1407—R ationing of F ood and F ood P roducts Discount number 1-10*1 11-13* 14-16* 17-19* 20-22* 23-25* 26-28* 29-31* 32-34* 35-87* 38-40* 41-43* 44-46* 47-49* 50-52j [Rev. RO 3,1 Amdt. 11] SUGAR 1...... 70 69 68 67 66 65 64 63 62 61 60 59 58 57 56 2...... 67 66 65 64 63 62 61 60 59 58 57 56 55 54 K A rationale accompanying this 67 66 64 63 61 60 58 67 55 54 52 51 49 48 4f L.;...... 64 63 62 61 60 59 58 67 56 55 54 53 52 51 6t amendment has been issued simultane­ 64 63 61 60 58 67 55 54 52 51 49 48 46 45 4i ously herewith and filed with the Divi­ 6...... 62 61 .60 59 58 67 56 55 54 53 62 51 50 49 46 sion of the Federal Register.* 7...... 62 61 59 58 56 55 63 52 60 49 47 46 44 43 42 8...... 60 59 58 57 66 55 54 53 52 51 60 49 48 47 46 Revised Ration Order 3 is amended in 9...... 69 58 57 56 55 54 53 52 51 50 49 48 47 46 4i the following respect: 10...... 58 67 56 55 54 53 52 51 .50 49 48 47 46 45 44 11...... 58 57 65 54 52 51 49 48 46 45 43 42 40 39 37 Section 1407.141a is added to read as 12...... 56 54 52 51 49 48 46 45 43 42 40 39 37 36 34 follows: 13...... 53 52 51 50 49 48 47 46 45 44 43 42 41 40 3S 14...... 53 52 50 49 47 46 44 43 41 40 39 37 35 34 3Î § 1407.141a Certificates and checks 15 ...... 53 52 61 50 49 48 47 46 45 44 43 42 41 40 3Ç 16...... 48 47 45 44 42 41 39 38 36 35 33 32 30 29 27 to be issued only in whole numbers, (a) In any case in which the weight value of 1 Fractional rates in excess of the highest rate in one zone fall within the next highest zone. a certificate or check to be issued under this order is not a whole number, the This Amendment No. 2 to Revised 1. Section 3 (c) is hereby revoked. amount of the certificate or check is to Maximum Price Regulation No. 206 shall 2. Section 7 is amended to read as be computed as follows: become effective April 26, 1944. follows: (1) If the fraction is less than one- (56 Stat. 23, 765; Pub. Law 151,-78th Sec. 7. Determination of rental period. half pound, the fraction is to be dropped; Cong.; E.O. 9250, 7 F R . 7871; E.O. 9328, The rental period is the period specified (2) If the fraction is one-half pound 8 F.R. 4681) in the contract or other writing required Or more, the amount of the certificate or by section 23. Issued this 20th day of April 1944. check is to be increased to the next whole 3. Section 17 (d) is amended to read number. Chester B o w les, as follows: Administrator. This amendment shall become effec­ (d) Trade-in allowances. In connec­ tive April 24, 1944. [F. R. Doc. 44-5636; Filed, April 20, 1944; tion with the sale of a used typewriter, (Pub. Law 421, 77th Cong.; E.O. 9125, 12:06 p. m.] the seller may not accept another type­ 7 F JR. 2719; E.O. 9280, 7 F.R. 10179; WPB writer in trade at a value lower than Dir. No. 1 and Supp. Dir. No. IE, 7 F.R. the lowest valuation for the trade-in 562, 2965; Food Dir. No. 3, 8 F.R. 2005; typewriter shown on the current allow­ P art 1364— F resh, Cured and Canned Food Dir. 8, 8 F.R. 7093) M eat and F ish P roducts ance schedule of any typewriter manu-, facturer. Issued this 20th day of April 1944. [M PR 418,1 Corr. to Amdt. 29] 4. Section 20 is amended to read as Chester B o w les, FRESH FISH AND SEAFOOD follows: Administrator.

In Amendment 29 to Maximum Price Sec. 20. Dealer-to-dealer sales. This [F. R. Doc. 44-5633; Filed, April 20, 1944; Regulation No. 418, the designation of section applies to used typewriters sold 12:01 p. m.] the paragraph in section 7 entitled “ Spe­ by one dealer to another. Typewriters cial rules affecting halibut” is incorrect. which were acquired for sale or rental It is hereby corrected to read “ ( f ) ” in­ may be sold to persons acquiring the stead of “ (e )”. typewriters for sale or rental at prices P art 1398— O ffice and S tore M achines Footnotes 15, 16 and 17 are corrected not exceeding % of the retail ceiling [RO 4A,2 Amdt. 9] by deleting the “ and” before the number price. “37” and by inserting the phrase “ and TYPEWRITERS 39” after the number “ 37”. 5. Section 22 (a) is amended to read as follows: A rationale accompanying this amend­ (56 Stat. 23, 765; Pub. Law 151, 78th ment, issued simultaneously herewith, (a) Typewriter. A “typewriter” is Cong.; E.O, 9250, 7 F.R. 7871; E.O. 9328, has been filed with the Division of the 8 F.R. 4681) any portable, office, commercial, noise­ Federal Register.* less or standard type of manually or. Issued this 20th day of April 1944. Ration Order 4A is amended in the fol­ electrically operated writing machine lowing respects: designed to be used for writing or copy­ Chester B o w les, Section 1398.152 is amended to read as Administrator. ing letters or other documents and does follows: ]F. R. Doc. 44-5647; Filed, April 20, 1944; not include Braille typewriters, tele­ 12:02 p. m.] graphically controlled writing machines, § 1398.152 Effective date of order. composing machines, toll billers, toy Ration Order 4A shall become effective typewriters, machines with inbuilt fea­ at 12:01 a. m., December 28, 1942, and tures for handling or collating continu­ shall expire at 12:01 a. m., April 22,1944, P art 1398— O ffice and Store M achines ous forms, or front feed, vertical feed, subject to section 5.1 of General Ration [RMPR 162,3 Amdt. 2] electric duplicating, proportional spac­ Order 8; except that any person required CEILING PRICES FOR THE SALE AND RENTAL ing or right-margin justifying machines. by § 1398.132 to keep records, shall retain OF USED TYPEWRITERS To determine ceiling prices for machines in his possession such records for one A statement of the considerations in­ excluded by this definition, refer to the year after the expiration date of the volved in the issuance of this amend­ General Maximum Price Regulation or order. Such records shall be available ment, issued simultaneously herewith, other specific Office of Price Administra­ during such period for inspection by the has been filed with the Division of the tion price regulations. Office of Price Administration. Also, a Federal Register.* This amendment shall become effec­ suspension order that prohibits any per­ Revised Maximum Price Regulation tive April 22, 1944. son from receiving any transfer or de­ No. 162 is amended in the following re­ '(56 Stat. 23, 765; Pub. Law 151, 78th livery of, or from selling, using, or other­ spects: ' " Cong.; E.O,. 9250, 7 F.R. 7871; E.O. 9328, wise disposing of typewriters covered by ♦Copies may be obtained from the Office 8 F.R. 4681) this ordér, which is in effect on the ex­ of Price Administration. Issued this 20th day of April 1944. piration date of this order is hereby ter­ *8 F R . 9366, 10086, 10513, 10939, 11734, minated. 11687, 12468, 12233, 12688, 13297, 13182, 13302, C hester B o w les, Administrator. 14049, 14475, 14617, 15257, 15430, 16131, 16293, *9 F.R. 1433, 1534, 2232, 2826, 2828, 3031, 16296; 9 F.R. 90, 1325, 1532, 1575, 2133, 2408. (F. R. Dog. 44-5630; Filed, April 20, 1944; 3579. *9 F.R. 526. 12 m.] 2 8 F.R. 16155; 9 F.R. 692. FEDERAL REGISTER, Saturday, April 22, 1944 4351

This amendment shall become effective 2. The tables following section 21 (e) (56 Stat. 23, 765; Pub. Law 151, 78th April 22, 1944. (5) (ii), (e) (5) (iii), (e) (5) (iv), and Cofig.; E.O. 9250, 7 F.R. 7871; E.O. 9328, (e) (5) (vi) are amended by changing 8 F.R. 4681) N ote: The record-keeping requirements the prices of one item to read as follows: have been approved by the Bureau of the . Issued this 20th day of April 1944. Budget in accordance with the Federal Re­ C h ester B o w l e s , ports Act of 1942. Maxi- Maxi- mum mum Administrator. (Pub. Law 671, 76th Cong, as amended by Item Grade price at price at wholesale retail [F. R. Doc. 44-5648; Filed, April 20, 1944; Pub. Laws 89, 421, 507, and 729, 77th per lb. per lb. 12:02 p. m.] Cong.; WPB Dir. 1; Supp. Dir. 1-D, Con­ version Order No. L-54a; 7 F.R. 562,1792, Potatoes, Irish...... AA & A... $0.056 $0.07 2130; E.O. 9125, 7 F.R. 2719) Issued this 20th day of April 1944. P art 1448— E a t in g and D r in k in g 3. The table following section 21 (e) E stablishments C hester B o w l e s , (5) (v) is amended by changing the price Administrator.' of one item to read as follows: [Restaurant MPR 3-15] [F. R. Doc. 44-5631; Filed, April 20, 1944; 12:01 p. m.] FOOD AND DRINK SOLD FOR IMMEDIATE CON­ Max- • Maxi­ SUMPTION IN UPPER PENINSULA OF MICHI­ mum mum - Item Grade price at price at GAN wholesale retail per lb. per lb. In the judgment of the District Direc­ P art 1407— R a t io n in g of F ood and F ood tor of the Escanaba District Office of Re­ P roducts A ...... $0.055 $0.07 gion III, the prices of food and bever­ [Rev. RO 13,1 Arndt. 26] ages sold for immediate consumption in PROCESSED FOODS the counties of Alger, Baraga, Chippewa, This amendment shall become effective Delta, Dickinson, Gogebic, Houghton, A rationale for this amendment has as follows: Iron, Keweenaw, Luce, Mackinac, Mar­ been issued simultaneously herewith and (a) As to section 18, as of Mstrch 20, quette, Menominee, Ontonagon, and has been filed with the Division of the 1944. Schoolcraft in the state of Michigan, Federal Register.* (b) As to section 21, as of April 3,1944. have risen and are threatening further Appendix A is amended to include, in to rise to an extent and in a manner in­ its proper alphabetical order, the follow­ (56 Stat. 23, 765; Pub. Law 151, 78th consistent with the Emergency Price ing: Cong.; E.O. 9250, 7 F.R. 7871, E.O. 9328, Control Act of 1942, as amended, and 8 F.R. 4681) Citrus fruit Juices concentrated to more Executive Orders 9250 and 9328. than single strength. Issued this 20th day of April 1944. In the judgment of the District Di­ This amendment shall become effective C h ester B o w l e s , rector of the Escanaba District Office of Region III, the maximum prices estab­ April 24, 1944. Administrator. lished by this regulation are generally (Pub. Law 671, 76th Cong., as amended [F. R. Doc. 44-5649; Filed, April 20, 1944; fair and equitable and are necessary to by Pub. Laws 89, 421, ,507 and 729, 77th 12:02 p. m.] check inflation and to effectuate the pur­ Cong., E.O. 9125, 7 F.R. 2719; E.O. 9280, poses of the act. So far as possible, the 7 F.R. 10179; WPB Directive 1, 7 F.R. Regional Administrator of Region III 562; Food Directive '3, 8 F.R. 2005, and P art 1440— P rocessed F ood C o m m o d itie s gave^due consideration to prices prevail­ Food Directive 5, 8 F.R. 2251) ing between October 1 and 15, 1941, and [MPR 488,1 Arndt. 3] Issued this 20th day of April 1944. consulted with the representatives of PICKLES AND CERTAIN PICKLED PRODUCTS those affected by this regulation. C h ester B o w l e s , A statement of the considerations in­ Administrator. A statement of the considerations in­ volved in the issuance of this regulation volved in the issuance of this amendment [F. R. Doc. 44-5632; Filed, April 20, 1944; is issued simultaneously herewith.* has been issued and filed with the Divi­ 12:01 p. m.j Therefore, in accordance with the di­ sion of the Federal Register.* rection of the President to take action Maximum Price Regulation No. 488 is which will stabilize prices affecting the amended in the following respects: P art 1418—T erritories an d P o ssessio n s cost of living, and under the authority 1. In section 2 (a) paragraph (7) is therewith delegated by the President [MPR 373,* Arndt. 52] redesignated (8) and a new paragraph pursuant to the act of Congress ap­ POTATOES IN TERRITORY OF HAWAII (7) is added to read as follows: proved October 2, 1942, entitled “An Act A statement of the considerations in­ (7) “Secondary packer” means a per­ to Aid in Stabilizing the Cost of Living” volved in the issuance of this amend­ son who purchases the listed commodity 77th Congress, Second Session, and un­ ment, issued simultaneously herewith, being priced in bulk, barrels or other der the authority of Executive Order has been filed with the Division of the large containers from final processors, 9250, Executive Order 9328, and the Federal Register.* and without further processing, repacks Emergency Price Control Act of 1942* it in smaller containers other than the the District Director of the Escanaba Maximum Price Regulation 373 is original container in which the com­ District Office of Region 331 hereby is­ amended in the following respects: modity was shipped to him. sues this Restaurant Maximum Price 1. Subparagraphs (1) and (2) and Regulation No. 3-15, establishing as 2. In section 3 (b ), the headnote is (2) (i) of section 18 (h) are amended maximum prices for food and drink sold by deleting the word “Planters” . amended by adding the words, “ and sec­ ondary packers” and the text is amended for immediate consumption the prices ♦Copies may be obtained from the Office by adding the words “ and secondary prevailing therefore during the seven- of Price Administration. packers” immediately after the words day period beginning April 4, 1943, and 19 F.R. 3, 104, 574, 695, 765, 848, 1397, 1727, “In sales of any item by wagon whole­ ending April 10, 1943, in the counties of 1817, 1908, 2233, 2234, 2240, 2440, 2567, 2791. salers.” v Alger, Baraga, Chippewa, Delta, Dickin­ *8 FR . 5388, 6359, 6849, 7200, 7457, 8064, son, Gogebic, Houghton, Iron, Keweenaw, 8550, 10270, 10666, 10984, 11247, 11437, 11849, This amendment shall become effective Luce, Mackinac, Marquette, Menominee, 12299, 12703, 13023, 13342, 13500, 14139, 14305, April 26, 1944. 14688, 15253, 15369, 15851, 15852, 15862, 16866, Ontonagon, and Schoolcraft in the state 16997, 17201; 9 p^R. 173, 393. * 8 F.R. 15187, 15865; 9 F.R. 99, 1598. of Michigan. No. 81—:— 5 I 4352 FEDERAL REGISTER, Saturday, April 22, 1944

§ 1448.215 Maximum prices for food (a) I f you served the same food item as herein referred to shall be classified and drink sold for immediate consump­ or meal within thirty days prior to April into the following categories: tion. Under the authority vested in the 4, 1943, you may take as your ceiling Regional Administrator of Region III price the highest price at which you of­ FOOD ITEMS by the Emergency Price Control Act òf fered the same food item or meal in its 1. Fruits, fruit juices and vegetable juices. 1942 as amended, Executive Order 9250, proper class during said thirty-day pe­ 2. Cereals. Executive Order 9328 and General Or­ riod. In any such case your records, as 3. Entrees: egg and combination egg dishes der No. 50 issued by the Office of Price set forth in section 10 (c) herein, must served at breakfast. Administration, which authority lias 4. Entrees: meat and meat combination include the menu or information show- dishes served at breakfast. been delegated to the District A dm irii^ ing the previous offering of such item or 5. Entrees: all other dishes served at break­ trator by Regional Office Delegation Or-N^meal at the higher price. fast. der No. 2A, Restaurant Maximum Price (b) I f you did not sell or offer to sell 6. Bread, rolls, buns, danish-pastries, etc., Regulation No. 3-15 (Pood and Drink the food item or meal either during the served at breakfast. Sold for Immediate Consumption), seven-day period, or the thirty-day pe­ 7. All other breakfast dishes including jam, which is annexed hereto and made a riod, or if you do not have adequate rec­ jellies, and preserves. part hereof, is hereby issued. ords of prices charged during the thirty- 8. Appetizers, except alcoholic cocktails. 9. Soups, including soups in jelly. day period, then you choose from the A u t h o r it y : § 1448.215 issued under 56 10. Beef: steaks and roasts. Stat. 23, 765 Pub. Law 151, 78th Cong.; E.O. food items or meals for which a ceiling 11. Veal: steaks, chops, and roasts. 9250, 7 F.R. 7871; E.O. 9328, 8 F.R. 4681; Gen. price has already been fixed, the food 12. Pork: loin, chops, steaks, roasts. Order 50, 8 F.R. 4808. item or meal in the same class which is 13. Lamb or mutton: chops, roasts. most similar to the food item or meal 14. Poultry and fowl. R e s ta u r a n t M a x im u m P rice R e g u l a t io n N o . you are pricing and then proceed as fol­ 15. Fish and shell-fish. 3-15— F ood a n d D r in k S old for I m m e d ia t e lows: 16. Game. C o n s u m p t io n 17. Miscellaneous and variety meats, includ­ (IX Determine the cost of the raw food ing liver and kidneys. c o n t e n t s which you use in preparing the new food 18. Prepared dishes such as stews, casseroles, Sec. item or meal. 1. Sales at higher than ceiling prices pro­ ragouts, curries, etc. * hibited. (2 ) ,From the food items and meals19. Egg and cheese dishes and combinations 2. How you figure ceiling prices for food for which you have already established thereof. items and meals you did not sell in ceiling prices, choose a food item or meal 20. All other dishes such as spaghetti and the seven-day period. which currently has a raw food cost combinations, vegetable platter, baked 3. Class of food items and meals. equal to or less than the raw food cost beans and combinations, chop suey,‘ etc. 21. Vegetables, including potatoes. 4. No ceiling prices to be higher than the of the new food item or meal. The word highest price in the base period. 22. ' Salads (except as served as a main courss “ currently” as used herein means cur­ or appetizer course in a meal). 5. Substitution of food items in meals. rent at the time the pricing of the new 6. Prohibition against discontinuing meals 23. Desserts: cakes, cookies, pies, pastries, and food items ' at certain prices. food item or meal takes place. and other baked goods. 7. Evasion. (3) Take as your ceiling price for the 24. Desserts: ice creams, sherbets, water ices, 8. Rules for new proprietors and new estab­ new food item or meal your ceiling price including combinations with syrups, lishments. for the food item or meal chosen for com­ creams, fruits, and nuts. 9. Taxes. parison. A food item or meal chosen for 25. Desserts: seasonal dessert specialties in­ cluding but not limited to watermelons, 10. Records. such comparison should be of the same 11. Posting. cantaloupes, fresh fruits, and fresh ber­ 12. Operation of several places. class as the new food item or meal. If, ries. 13. Relation to other maximum price regu­ however, you can find no food item or 26. Desserts: all others, including fruits, pud­ lations. meal of the same class, you may use for dings and cheese. 14. Geographical applicability. comparison the most similar food item 27. Gold sandwiches: including garnishings, 15. Definitions and explanations. or meal of another class having a food salads, and vegetables. 16. Enforcement. cost equal to or less than your food cost 28. Hot sandwiches: including. garnishings, 17. Exemptions. for the new food item or meal. salads, and vegetables. 18. Special orders. (c) Once your ceiling price for a food 29. All other food items served in a meal in­ 19. Adjustments. cluding mints and preserves. 20. Amendments. item or meal has been fixed, it may not 30. Beverage foods, including coffee, cocoa, 21. Licensing. be changed, except as may be expressly chocolate, tea and milk. 22. Revocation. — provided herein. 31. Non-alcoholic beverages, including spar­ S ec. 3. Class of food items and meals— kling and mineral waters. Section 1. Sales at higher than ceiling (a) Classes of meals, ( l ) For the pur­ prices prohibited. If you own or oper­ 32. Alcoholic malt beverages, including-beer pose of classification under this regula­ and ale. ate a restaurant, hotel, cafe, bar delica­ tion there shall be thirteen classes of 33. Wines, including sparkling wines. tessen, soda fountain, boarding house, or meals as follows: breakfast, lunch, tea, 34. Liquors, including whiskeys, gins, and any other eating or drinking establish­ dinner and supper on week days; break­ brandies. ments, you must not offer or sell any fast, lunch, tea, dinner and supper on 35. Cordials, including fruit liquors. “food item” (including beverages) or Sundays; children’s breakfast, lunch and 36. All other alcoholic beverages. “meal” within its proper class as set dinner. "forth herein, at a price higher than the (2) Where you customarily, during highest price at which you offered the (2) Where you differentiated in price the period April 4 to April 10, 1943, dif­ same “food item” or “meal” in such class or otherwise between any of the above ferentiated in price or otherwise as to the during the seven-day period beginning classes of meals during the period, April serving of the same a la carte food item Sunday, April 4, 1943, and ending Satur­ 4 to April 10, 1943, you shall continue to between any two or more of the follow­ day, April 10, 1943. You must not sell maintain such differential. A meal shall ing: breakfast, lunch, tea, dinner, and or offer to sell any other “food item” or be further classified according to the supper on week days; breakfast, lunch, “meal” at a price higher than the ceil­ food item category hereinafter listed in tea, dinner, and supper on Sundays and children’s breakfast, lunch and dinner, ing price which you figure according to which the main dish of such meal is you shall continue to maintain such dif­ the provisions of sections 2, 3, and 4 here­ grouped. ferentials, and where such differentials in. You may, of course, sell at less than Example.

new or Sunday suppers or in connection with offers your customers lower value than (b) You will not be considered evad­ other meal menus if during the hase period the food item which it replaces, and you ing the provisions of this regulation, they were customarily distinguished in price must therefore determine its ceiling price however, if you do any of the following or otherwise. in accordance with the rules established things, even though you did not do any (c) Your ceiling prices for food items by sections 1 and 2. of those things during the seven-day. or meals served on those designated legal Sec. 6. Prohibition against discontinu­ period: holidays by Federal Law or by the Law ing meals at certain prices. You must (1) You may limit your customer to of the State of Michigan, may be the not now discontinue offering meals or one' pat of butter per meal, and when same as your Sunday ceiling prices for food items at prices comparable to those necessitated by the restrictions of the ra­ such establishments. charged by you in the seven-day period tioning program, you may vary the size If you customarily charged more than if by your doing so your customers would of such pats of butter. In such case, usual Sunday prices for meals and food actually have to pay more than they did however, you shall adjust the price of items served on Easter, Thanksgiving, in the seven-day period. You will be in such servings of butter, whenever a sep­ Christmas, New Year’s Eve, or New violation of this rule unless: arate charge is made therefor in direct Year’s Day, you may, notwithstanding (a) You continue to offer meals and proportion to the change in size of serv­ the provisions of sections 1 and 2 herein, food items at different prices representa­ ing. The resulting figure, if it contains continue to charge higher prices on those tive of thé range of prices at which you a fraction of a cent, shall be adjusted to particular days, such higher prices how­ offered meals and food items of the same the next lower cent if the fraction is less ever, in no event to exceed 115% of your class during the seven-day period, and than one-half and to the next higher Sunday ceiling prices, and then only if unless: cent if the fraction is one-half greater. the fact of having charged such higher (b) You continue to offer on week days (2) You may reduce the quantity or prices can be established by old menus, at leasf as many different meals and food eliminate altogether, ketchup, chili sauce, advertisements, or other similar evidence, items at or below the lowest price and any other condiment which is ra­ covering the actual holidays in question, charged by you for meals or food items of tioned. for the year 1942 or earlier. the same elass on any week day that you (3) You may reduce the amount of Sec. 4. No ceiling prices to be highér select in the seven-day period, as you did sugar served according to your available than the highest price in the base period. on that day. supply. Under no circumstances are you per­ (c) You continue to offer on Sundays (c) You must not, however, make the mitted to charge a higher price for a and legal holidays at least as many dif­ curtailment authorized in the foregoing food item or meal which you did not offer ferent meals and food items at or below subparagraphs and furnish these items in the seven-day period than the highest the lowest price charged by you for meals at an additional charge. price at which you offered a food item and food items of the same class on Sunday, April 4, 1943, as you did on that Example. If during the seven-day period or meal under the same class during the day. you furnished ketchup, you may not discon­ seven-day period, except that, if, during tinue furnishing this item free and at the the thirty-day period immediately prior Example. Thus, you may select any week­ same time offer to furnish it for an addi­ to April 4, 1943, you served a food item day in the seven-day period as the base day tional charge. for weekday meals and food items. or meal at a price higher than the high­ If you select Friday, April 9, 1943, to de­ Sec. 8. Rules for new proprietors and est price charged for food items or meals termine the lowest price and the number of new establishments, (a) I f you acquire in the same class during the aforesaid weekday meals and food items offered at another’s business subsequent to the ef­ seven-day period, then you may continue the price, and if on that day you offered six fective date of this regulation and con­ to sell that same food item or meal at weekday dinnérs, of which two were priced at 400, and one each at 500, 550, 600, and 750, you tinue the business in the same place, you the higher price. In any such case, your are subject to the same ceiling prices and records, as set forth in section 11 herein, must continue to offer at least two weekday dinners at 400. duties as the previous proprietor. Prior must include the menu or information to the commencement of business, how­ S ec. 7. Evasion, (a) You must not showing the previous offering of such ever, you may apply to the nearest Dis­ food item or meal at the higher price. evade the provisions of this regulation by any scheme or device, including: trict Office of the Office of Price Admin­ The restriction of this section shall not istration for permission to price under apply to seasonal dessert specialties as (1) Dropping food items from meals, deteriorating quality or reducing quan­ paragraph (b) of this section. If such specified in section S, paragraph (b ), permission is granted it may be subject Class 25. tity without making sufficient reduction in price so as to maintain the raw food to such conditions as the Office of Price Example. If, during the seven-day period, cost ratio at least equal to such ratio Administration deems necessary. your highest price for a weekday dinner was prior to the deterioration or reduction. (b) If you open an eating or drinking $1.25, in general, that is the highest price place after the seven-day period, you you may charge for any weekday dinner. If, (2) Withdrawing the offer, or increas­ however, you served a chicken dinner at $1.50 ing the price of any meal ticket, weekly must fix ceiling prices in line with the on any weekday within 30 days prior to April rate, or other arrangement by which cus­ ceiling prices of the nearest eating or 4, 1943, then you may continue to serve the tomers may buy food items or meals at drinking place of the same type as yours. same chicken dinner at $1.50 even though less than the prices they must pay when I f you operate a concession in conjunc­ that is a higher price than any price charged purchasing by item or meal. tion with a public event and were not in for the same class during the seven-day operation during the base period, you period. But you may not add a new meal (3) Increasing any cover, minimum, bread-and-butter, service, corkage, pn- shall establish your prices in line with a not served during the thirty-day period at a similar type of eating or drinking place price in excess of $1.25. Observe the re­ tertainment, check-room, parking, or quirement that a supporting menu (or price other special charges, or making such operating during the time of the base list) be made available to justify such excep- charges when they were not in effect in period. If the ceiling prices so fixed are • tion. the seven-day period. too high and threaten to have an infla­ Sec. 5. Substitution of food items in (4) Requiring as a condition of sale tionary effect on the prices of food and meals. If you have already determined of an item or meal the purchase of other drink, the Office of Price Administration your ceiling price for a' meal, you may items or meals. may issue an order requiring you to re­ substitute for any food item other than (5) Discontinuing a no tipping prac- duce your ceiling prices. You are sub­ the entree (or main dish) in that meal time without a compensating reduction ject to the record requirements of section any other food item of the same class in your maximum prices. 10 and the posting requirements of sec­ without refiguring your ceiling price, (6) Reducing the selection of meals tion 11 immediately upon the opening of provided the new food item costs you ap­ offered at table d’hote prices when the your place. proximately as much and offers cus­ food items which you customarily offered (c) Changing type of service. I f you tomers about the same value as the food in stich meals are being offered at a la operated an eating or drinking establish­ item which it replaces. A meal becomes carte prices which, when added together, ment in the same establishment where a “new” meal whenever the entree (or total more than the table d’hote price you operated an eating or drinking place main dish) is changed or a new food item for the complete meal, or give your cus­ during the period April 4th to 10th, but is substituted which costs you less or tomers less value for their money. changed your type of operation, you shall 4354 FEDERAL REGISTER, Saturday, April 22, 1944 apply to your nearest District Office of business of selling food or drink, if the est prices we charged for the same item or the Office of Price Administration for tax is measured by the number or price meal from April 4-10, 1943. Our records of your proper maximum prices. of items or meals. prices for such period are available for your inspection. (d) Seasonal eating and drinking es­ Sec. 10. Records— (a) Filing of menus. tablishments. I f you are the proprietor General Order No. 50 required you to (c) I f you did not use menus during of a seasonal eating or drinking estab­ file with your war price and rationing the April 4-10 period, you may either (1) lishment you must figute your ceiling board on or before May 1, 1943, a signed institute the use of menus, abiding by prices as follows: copy of each menu or list of your prices the foregoing requirement, or (2) you (1) I f your establishment was in op­ in effect during the seven-day period be­ must, post a price list including prices eration during the base period from April ginning Sunday, April 4, 1943, and end­ for all meals and food items offered, near 4-10, 1943, use the rules set forth in sec­ ing Saturday, April 10, 1943. If you the cashier’s desk, if any, or in such other tions 2, 3, and 4 of this regulation. * have not already filed, you must do so location of your establishment that it (2) I f your establishment was not in immediately. Failure to do so will also may be easily seen and read by customers operation during the base period from constitute a violation of this regulation, at the time of purchase. Such price list April 4-10, but another establishment of (b) Filing by proprietors not in opera­ shall conform to the requirements of the same type and within reasonable dis­ tion during the seven-day period. The paragraph (b) above. tance was in operation during that proprietor of an eating or drinking place Sec. 12. Operation of several places. If period, fix your ceiling prices as a new ■—jj£hich was not open during the seven-day you own or operate more than one eating proprietor under the provisions of sec­ period (including newly opened places) and drinking place, you must do every­ tion 8. paragraphs (a) and (b) herein. shall file menus or a price list in accord­ thing required by this regulation for (3) If you cannot price under sub- ance with paragraph (a) above, except each place separately^ paragraphs (1) or (2) herein, and your that (1) the filing shall be for the seven- Sec. 13. Relation to other maximum establishment is not yet in operation, you day period beginning with the first Sun­ price regulations. The provisions of this shall' apply for approval of maximum day that place is open after April 4, regulation shall supersede other regula­ prices to the Office of Price Administra­ 1943, and (2) the filing shall be made tions, including the (general Maximum tion District Office for the area in which within three weeks of such first Sunday. Price Regulation, now or hereafter issued your establishment is located. Your ap­ (c) Records of the seven-day period. by the Office of Price Administration, in­ plication must be filed at least 10 days You must make available for examina­ sofar as they establish maximum prices prior to the date on which you plan to tion by any person during ordinary busi­ for meals and food items sold by eating commence operations and must include ness hours a copy of each menu used by and drinking places. However, a price the following information: you in the seven-day period from April charged during the seven-day period of (i) Your name and address 'and ad­ 4-10,1943, or if you are a new proprietor, this regulation shall not become a maxi­ dress of your establishment. in the seven-day period referred to in mum price under this regulation if it ex­ (ii) A brief description of your busi­ paragraph (b) above. If you did not ceeded the maximum price established ness and the manner of operation. use menus, or if your menus were incom­ by,another regulation applicable at that (iii) A list showing the prices you plete, you must niake available for such time. In such case the lawful maximum charged during the previous season as examination a list of the highest prices price applicable at that time shall be the well as the prices you propose to charge you charged in such seven-day period. maximum price hereunder. during the present or coming season, dif­ (d) Customary records. You must S ec. 14. Geographical applicability. ferentiating betweep week day, and Sun­ preserve all your existing records relat­ The provisions of this order shall be ap­ day and Holiday prices. ing to your prices, costs and sales. You plicable to all eating and drinking places (iv) The date on which you plan to must also continue to maintain such (as hereinafter defined in section 15 (e )) commence operation. records as you ordinarily kept. All such located in the counties of Alger, Baraga, (v) The names of two establishments records shall be subject to examination Chippewa, Delta, Dickinson, Gogebic, similar to yours in your vicinity. by the Office of Price Administration. Houghton, Iron, Keweenaw, Luce, Mack­ You may then charge the prices listed (e) Future records. Beginning with inac, Menominee, Ontonagon, and if they are not disapproved by the Office the effective date of this regulation, you Schoolcraft, in the state of Michigan. of Price Administration prior to the date must keep, for examination by the Office S ec. 15. Definitions and explanations. specified for the commencement of op­ of Price Administration, two copies of (a) “Person” means individual, corpora­ erations. The Office of Price Adminis­ each menu used by you each day. If you tion, partnership, association, or any or­ tration may, at any time, after proper do not use menus you must prepare, in­ ganized group of persons or legal succes­ investigation and hearing, establish or duplicate, and preserve for such exami­ sor or representative of any of the fore­ re-establish such maximum prices for nation, a record of the prices charged going^ and includes the United States or your business as it deems proper and any agency thereof, any other govern­ equitable. by you each day, except that you need not record prices which are the same as, ment, or any of its political subdivisions, (4) If your establishment is already or less than, prices you previously're­ and any agency of the foregoing. in operation and you cannot price under corded for the same items or meals. (b) “Meal” means a combination of subparagraphs (1) or (2) herein, you Proprietors who operate a number of food items sold at a „single price. Ex­ shall, within 10 days of the effective date eating or drinking places in the same amples of meals are a five-course dinner, of this order, file application with the O f­ city which have customarily been sub­ a club breakfast, and a blue-plate special. fice of Price Administration District Of­ ject to central control may keep the rec­ fice for the area in which your estab­ Two or more kinds of food which are ords required by this paragraph for lishment is located for approval of the prepared or served to be eaten together those places at a central office or the prices which you are presently charg­ as one dish are not a “meal.” Examples principal place of business within the of such dishes are: ham and eggs, bread* ing. Such application shall include the city. same information as set forth for appli­ and butter, apple pie and cheese. cations under subparagraph (3) herein. S ec. 11. Posting, (a) If you made (c) “ Offered” means offered for sale Such listed prices shall be your maxi­ menus available to customers in the and includes the listing or posting of mum prices, but shall be subject to mod­ seven-day period April 4 to 10, 1943, in­ prices for items and meals even though ification or adjustment at any time by clusive, you shall continue to make them the items and meals so offered were not the Office of Price Administration. available. All menus shall include prices actually on hand to be sold. for meals and food items offered. S ec. 9. Taxes. If in the seven-day (d) “Food item” means an article or period you stated and collected the (b) Within one week after the effec­ portion of food (including beverages) amount of any tax separately from the tive date of this order: sold or served by an eating or drinking price you charged, you may continue to (1) Your menus must contain in clear place for consumption in or about the do so. You may also separately ¡state and legible printing or writing the fol­ place or to be taken out for eating with­ and collect the amount of any new tax or lowing statement: out change in form or additional prepa­ any increase in the amount of a previous All prices listed are at or below our ceiling ration. It includes two or more kinds tax on the sale of food or drink or on the price which by OPA regulation are the high­ of food which are prepared or served to FEDERAL REGISTER, Saturday, A p ril 22,,1944 4355 be eaten together as one dish, such as offered for sale by a seller or sellers when, Revised Procedural Regulation No. 1, ex­ ham and eggs, bread and butter, apple in the judgment of the Administrator, cept that the petition shall be filed with and acted upon by the Regional Admin­ pie and cheese. such action is necessary or desirable to Pood items, otherwise identical, are prevent excessive charges, to prevent in­ istrator. not the same for the purpose of estab­ flation, to stabilize prices affecting the S e c . 21. Licensing. The provisions of lishing maximum prices under sections 1 cost of living, or to carry out the pur­ Licensing Order No. 1 shall apply to and 2, if they are offered for sale in dif­ poses of the Emergency Price Control every person making sales subject to this ferent classes. (See section 3 (b) for Act of 1942, as amended, and Executive regulation. Licensing Order No. 1 pro­ “classes of food items.” ) Orders 9250 and 9328. vides, in brief, that a license is required S ec. 19. Adjustments, (a) The Office of all persons selling under price control. Example; Lamb chops offered a la carte for of Price Administration may adjust the dinner or lunch are in class 13 while if offered The license is automatically granted and for breakfast, they are in class 4. maximum prices for any eating estab­ may be suspended for violation of any lishment under the following circum­ applicable maximum price regulation. (e) “Eating and drinking place” shall stances: * Any person whose license is suspended include any place, establishment or lo­ (1) The establishment will be forced must cease selling during the period of cation, whether temporary or perma­ to discontinue operations unless it is such suspension. nent, from which any food item or meal granted an adjustment of the maximum is sold, except those which are specifical­ prices established by this regulation. S e c . 22. Revocation. This regulation ly exempted in section 17 hereof. It (2) Such discontinuance will result in may be modified', amended, corrected, or shall include by way of example, but not serious inconvenience to consumers in revoked at any time by the Office of Price by way of limitation, such movable, that they will either be deprived of all Administration. places where food is dispensed as field restaurant service or will have to turn This regulation shall become effective kitchens, lunch wagons, “Hot Dog” carts, to other establishments that present sub­ April 3, 1944. etc. stantial difficulties as to distance, hours N o t e : The reporting and record-keeping (f) Unless the context otherwise re-* of service, selection of meals or food requirements of this regulation have been quires, the definitions set forth in sec­ items offered, capacity, or transporta­ approved by the Bureau of the Budget in ac­ tion 302 of the Emergency Price Control tion. cordance with the Federal Reports Act of Act of 1942 and in the General Maximum (3) By reason of such discontinuance, 1942. Price Regulation, issued by the Office of the same meals or food items will cost (56 Stat. 23, 765; Pub. Law 151, 78th Price Administration, shall apply to the customers of the eating establish­ Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, other terms used herein. ment as much or more than the proposed 8 F.R. 4681; Gen. Order 50, 8 F.R. 4808) S ec. 16. Enforcement. Persons violat­ adjusted “prices. ing any provisions of this regulation are (b) If you are the proprietor of an Issued this 20th day of March 1944. subject to the criminal penalties, civil eating establishment which satisfies the __ L a w r e n c e L . F arrell, enforcement actions, suits for treble requirements specified above, you may District Director. damages and proceedings for suspension apply for an adjustment of your maxi­ [F. R. Doc. 44-5651; Filed, April 20, 1944; of licenses provided for by the Emergen­ mum prices by submitting to your Office 12:03 p. m.] cy Price Control Act of 1942 as amended. of Price Administration District Office Sec. 17. Exemptions. Sales by the fol­ an application in duplicate. The appli­ lowing eating or drinking places are spe­ cation should contain the following in­ cifically exempted from the provisions formation: P art 1499—C o m m o d itie s and S ervices of this regulation. (1) Your name and address. [R ev. SR 14 to GMPR, Amdt. 122] (a) Eating and drinking places oper­ (2) A description of your eating estab­ lishment, including the type of service VITRIFIED CLAY SEWER PIPE AND ALLIED ated in connection with special church, PRODUCTS temple, synagogue, Sunday School, or rendered, such as cafeteria, table service, other religious occasions. etc. ; classes of meals offered, such as A statement of the considerations in­ (b) Eating and drinking places lo­ breakfast, lunch and dinner; number of volved in the issuance of this amend­ cated on board common carriers (when persons served per day during the most ment, issued simultaneously herewith, operated as such), including railroad recent thirty-day period, (in counting has been filed with the Division of the dining cars, club, bar and buffet cars, the number of persons served, anyone Federal Register.* and peddlers aboard railroad cars trav­ who was served more than once is to be Section 6-.46 is added to read as fol­ eling from station to station. counted separately for each occasion he lows: was served) ; and such other informa­ (c) Hospitals, except for food items S e c . 6.46 Modification of maximum and meals served to persons other than tion that may be useful in classifying prices for vitrified clay sewer pipe and the patients, when a separate charge is your establishment. allied products sold by jobbers, dealers, (3) The reasons why your customers made for such food items and meals. and distributors, (i) On and after April (d) Eating and drinking places oper­ will be seriously inconvenienced if yqu 26, 1944, any person purchasing vitrified ated by any school, college or university discontinue operation. clay sewer pipe and allied products, in­ which is a non-profit institution (that (4) The names and addresses of the cluding extra strength vitrified clay is, where no part of the net earnings three nearest eating places of the same sewer pipe, for the purposes of resale inures to the benefit of any private share­ type as yours. may increase his f. o. b. warehouse or holder or individual), which sells food (5) A list showing your present maxi­ delivered price, established by the Gen­ items or meals on a non-profit or cost mum prices and requested adjusted eral Maximum Price Regulation, by an basis (or as near thereto as reasonable prices. “ amount hot in excess of the actual dol- accounting methods will permit), and (6) A profit and loss statement for lars-and-cents increased cost to him re­ substantially all sales of which are made your restaurant business for the most re­ sulting from the upward adjustment in to students, faculty members and em­ cent three-month accounting period, and maximum prices by the manufacturer ployees of such institution. For pur­ a copy of yeur last income tax return if pursuant to Amendment No. 2 to Revised poses of this paragraph, persons receiv­ one was filed separately for your restau­ Maximum Price Regulation No. 206 ing instruction on the premises of such rant business. (Vitrified Clay Sewer Pipe and Allied institution by arrangement with the War Applications for adjustment under Products) and Amendment No. 32 to Or­ Department or the Department of the this section may be acted upon by the der A -l under Maximum Price Regula­ Navy shall be considered students. District Director of the Escanaba Dis­ tion No. 188 (Manufacturers’ Maximum S ec. 18. Special orders. The provi­ trict who has been authorized to do so Prices for Specified Building Materials sions of this regulation to the contrary by order of the Regional Administrator. and'Consumers’ Goods Other Than Ap­ notwithstanding, the Office of Price Ad­ S e c . 20. Amendments. You may peti­ parel) . tion for an amendment of any provision (ii) The maximum prices fixed herein ministration may from time to time issue shall be subject to at least the same ex- special orders providing for the reduc­ of this regulation (including a petition tion of the maximum price of any food pursuant to Supplementary Order No. * Copies may be obtained from the Office item or items or meal or meals sold or 28) by proceeding in accordance with of Price Administration. 4356 FEDERAL REGISTER, Saturday, Aprü 22, 1944

tension of cash, quantity, and other dis­ (56 Stat. 23,-765; Pub. Law 151, 78th each of the above prices for live and counts, transportation allowances, and Gong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, processed poultry items: the same rendition of transportation and 8 F.R. 4681) Cents per other services as the seller extended or Months pound Issued this 21st day of April 1944. January______— ______0. 5 rendered on comparable sales to pur­ February______1.0 chasers of the same class during the Chester B o w les, Administrator. M arch______*______1.4 month of March 1942. A p ril______l. 8 (iii) Definitions. When used in this [P. R. Doc. 44-5697; Filed, April 21, 1944; May______—;------— 2.2 amendment the term: “Vitrified clay 11:29 a. m.j June.,______:______1.0 sewer pipe and allied products” means These additions shall not be added any sewer pipe, sewer pipe fittings, flue cumulatively, but, rather, each addition lining, including chimney pipe and fit­ P art 1364—F resh, C ured and C anned — establishes the total amount which may tings, and wall coping made from surface M eat and F is h P roducts be added for sales and deliveries during clay, fire clay, shale or combinations of [MPR 336,1 Arndt. 13] the month indicated. these materials. “Extra strength vitrified clay sewer RETAIL CEILING PRICES FOR PORK CUTS AND This amendment shall become effective pipe” means a vitrified clay sewer pipe CERTAIN SAUSAGE PRODUCTS April 21, 1944. complying with the specifications set A statement of the considerations in­ (56 Stat. 23, 765; Pub. Law 151, 78th forth in War Production Board Order volved in the issuance of this amend­ Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, L-316, as amended. Prior to the issuance ment, issued simultaneously herewith, 8 F.R. 4681) of War Production Board Order L-316 a has been filed with the Division of the Issued this 21st day of April 1944. similar product was known to the trade Federal Register.* in the Eastern Area as triple strength C hester B o w les, Maximum Price Regulation No. 336 is Administrator. pipe. amended in the following respect: This Amendment No. 122 may be re­ 1. A new section 16 (d) is added to read Approved: April 18, 1944, voked or amended at any time. as follows: G rover B. H il l , This Amendment No. 122 shall become (d) Any Regional Office of the OPA, or Assistant War Food Administrator. effective April 26, 1944. such offices as may be authorized by [F. R. Doc. 44-5696; Filed, April 21, 1944; order issued by the appropriate regional 11:29 a. m.] (56 Stat. 23, 765; Pub. Law 151, 78th office, may act on all applications for ad­ Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, justment under the provisions of this 8 F.R. 4681) section, and may deny any application Notices Issued this 20th day of April 1944. filed under this section or revoke any C hester B o w l e s , order granting adjustment under this Administrator. section if denial of such application DEPARTMENT OF LABOR. would not cause the applicant a substan­ Wage and Hour Division. [P. R. Doc. 44-5629; Filed', April 20, 1944; tial financial hardship. Applications for [A. O. 338] 12 m .] adjustment are governed by Revised Pro­ cedural Regulation No. 1.* P uer to R ic o acceptance of resignation from and ap­ This amendment shall become effective po intm ent TO. SPECIAL industry com­ April 26, 1944. P art 1364—F resh , C ured and C anned mittee M eat and F is h P roducts (56 Stat. 23, 765; Pub. Law 151, 78th By virtue of and pursuant to the au­ [MPR 355,1 Arndt. 15] Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, thority vested in me by the Fair Labor 8 F.R. 4681) Standards Act of 1938, as amended, I, RETAIL CEILING PRICES FOR BEEF, VEAL, LAMB L. Metcalf Walling, Administrator of the AND MUTTON OUTS AND ALL VARIETY MEATS Issued this 21st day of April 1944. Wage and Hour Division, United States AND EDIBLE BY-PRODUCTS C hester B o w l e s , Administrator. Department of Labor, A statement of the considerations in­ Do hereby accept the resignation of volved in the issuance of this amend­ [P. R. Doc. 44-5698; Filed, April 21, 1944; Mr. Nathaniel F. Pasarell from Special ment, Issued simultaneously herewith, 11:29 a. m.] Industry Committee No. 3 for Puerto Rico has been filed with the Division of the and do appoint in his stead as represent­ Federal Register.* ative for the employers on such Com­ Maximum Price Regulation No. 355 is P art 1429—P o u l t r y and E ggs mittee, Mr. John W. De Bruycker of San amended in the following respect: [MPR 269,3 Arndt. 28] Juan, Puerto Rico. 1. A new section 18 (d) is added to Signed at Washington, D. C. this 15th read as follows: POULTRY day of April 1944. (d) Any Regional Office of the OPA, A statement of the considerations in­ L. M etcalf W alling, or such offices as may be authorized by volved in the issuance of this amend­ Administrator. order issued by the appropriate regional ment, issued simultaneously herewith, [F. R. Doc. 44-5655; Filed, April 20, 1944; office, may act on all applications for ad- J has been filed with the Division of the 2:26 p. m.] justment under the provisions of this I Federal Register.* section, and may deny any application! Section 1429.19 (h) (1) (iv) is amend­ filed under this section or revoke anyj ed to read as follows: order granting adjustment under thi^ (iv) Monthly adjustments in base FEDERAL POWER COMMISSION. section if denial of such application prices for live and processed poultry [Docket No. G-542] would not cause the applicant a sub-1 items. The above prices for live and stantial financial hardship. Applica-I processed poultry items shall be in force E l P aso N atural G as C o . for the months of July, August, Septem­ tions for adjustment are governed by Re-| n o t ic e of application vised Procedural Regulation No. 1.* ber, October, November and December. For from April 21, »1944 to the end of A p r il 20, 1944. This amendment shall become effec-| June 1944, and for the months of Janu­ Notice is hereby given that on April 11, tive April 26, 1944. ary through June of succeeding years, 1944, an application was filed by the El the following additions shall be made to Paso Natural Gas Company, a Delaware * Copies may be obtained from the Office corporation having its principal place of of Price Administration. *8 F.R. 2859, 4253, 5317, 5634, 6212, 7682, i8 F.R. 4423, 4922, 6214, 6428, 7199, 7827, 8944, 9366, 12480, 13181, 15670; 9 P H . 167, 212. business in El Paso, Texas, for a certifi­ 8185, 8945, 9366, 11297, 12237, 12811, 14738. 3 7 P.R. 10708, 10864, 11118; 8 FM. 567, 856, cate of public convenience and necessity 9 P.R. 1157. 878, 2289, 3316, 3419, 8792, 6736, 9299, 10940, pursuant to section 7 of the Natural Gas * 8 F.R. 10116, 13104. 9 F it. 2135, 8075. 11691, 13302, 13303, IN IS , 14016. Act, as amended, to authorize the con-

K i i / FEDERAL REGISTER, Saturday, A pril 22, 1944 4357

struction and operation of the facilities North, Range 34 East, a distance of 22,094 [S. O. 164, Amended General Permit 15] hereinafter described. miles to a point in Section 31, Township 30 R efrigeration o f G rapefr uit an d M ixed North, Range 34 East, a distance of 22.094 C itr u s F r u it i n F lorida The proposed construction consists of proximately the route of the six-inch pipe a 16-inch gas pipe line, approximately line above described; Pursuant to the authority vested in me 31.5 miles in length commencing at the (b ) One new 300 horsepower 8 X. V. G. by paragraph (g) of the first ordering company’s Eunice residue gas compres-( Ingersoll Rand Compressor in applicant’s paragraph (§ 95.323, 8 F.R. 15491) of sor station in Lea County, New Mexico, Saco Compressor Plant and two 300 horse­ Service Order No. 164 of November 10, power 8 X. V. G. Ingersoll Rand Compressors and running in a southerly direction to 1943, permission is granted for any com­ Applicant’s gas treating plant located at in applicant’s Fort Peck Compressor Plant lo­ cated in Section 28, Township 27 North, Range mon carrier by railroad subject to the Jal Plant No. 1 in Lea County, New Mex­ 41 East, Valley County, Montana; and Interstate Commerce Act: ico; installation of five 800 hp. gas- driven compressor units and appurtenant It appearing to the Commission that: To provide standard refrigeration on any refrigerator car loaded with grapefruit or facilities at the Eunice residue gas com­ Good cause exists for consolidating the loaded with mixed citrus fruits containing pressor station located near the town of above-entitled proceedings; not less than 50 percent grapefruit originat­ Eunice, New Mexico; installation of four The Commission orders that: ing at any point or points in Florida moving 24-inch gas scrubbing towers, together (A ) The above-entitled proceedings, direct, to destinations in Canada, or to des­ with additional pumping facilities at the Docket Nos. G-541 and G-540, be and the tinations in the United States located west of Eunice and Jal gas treating plants, lo­ same are hereby consolidated for the pur­ the western boundaries of the states of Mis­ cated near the towns of Eunice and Jal, pose of hearing; souri, Iowa and Minnesota and north of the (B) A public hearing be held commenc­ northern boundaries of the states of Okla­ New Mexico. homa, New Mexico and Arizona, without stop- The Applicant asserts that the pro­ ing on May 8, 1944, at 10 o’clock a. m., off at intermediate points. posed facilities, upon their completion, in Court Room No. 3, Third Floor, U. S. This general permit shall become effective will be used for the purpose of conserv­ Court House, Minneapolis, Minnesota, at 12:01 a. m., April 20, 1944, and shall expire ing natural gas in the Lea County field respecting the matters involved and the at 12:01 a. m., June 6, 1944. from which Applicant produces natural issues presented in such consolidated The waybills shall show reference to this gas for its pipe line system, and for the proceedings; general permit. additional purpose of utilizing a mini­ (C) Interested State Commissions may A copy of this general permit has been mum of 20,000,000 cu. ft. of residue gas participate in such hearing as provided served upon the Association of American daily, which Applicant represents is in § 67.4 of the Provisional Rules of Railroads, Car Service Division, as agent being wasted and vented through the air Practice and Regulations under the of'th e railroads subscribing to the car for lack of market on account of its un­ Natural Gas Act. service and per diem agreement under suitability for use without treatment and By the Commission. the terms of that agreement; and notice compression. [ se al] L e o n M. F u q u a y , of this permit shall be given to the gen­ Any person desiring to be heard or to Secretary. eral public by depositing a copy in the make any protest with reference to said office of the Secretary of the Commission application, should, on or before the 5th [F. R. Doc. 44-5702; Filed, April 21, 1944; at Washington, D. C., and by filing it 11:33 a. m.j day of May 1944, file with the Federal with the Director, Division of the Fed­ Power Commission a petition or protest eral Register. in accordance with the Commission’s , provisional rules of practice and regula­ Issued at Washington, D. C., this 19th tions under the Natural Gas Act. INTERSTATE COMMERCE COMMIS­ day of April 1944. SION. R. S. B ooth, [SEAL] L eOn MTF u QUAY, Acting Director, Bureau of Service. Secretary. [S. O. 164, Amended General Permit 14] [F. R. Doc. 44-5692; Filed, April 21, 1944; [F. R. Doc. 44-5703; Filed, April 21, 1944; R efrigeration of G rapefr uit i n T exas 11:23 a. m.j 11:33 a. m.] Pursuant to the authority vested in me by paragraph (g) of The first ordering [S. O. 164, General Permit 16] paragraph (§ 95.323, 8 F.R. 15491) of [Docket Nos. G-541 and G-540] Service Order No. 164 of November 10', R e ic in g of G r apefruit i n A rizo na and M o n t a n a -D akota U t il it ie s Co. 1943, permission is granted for any com­ C a lif o r n ia ORDER CONSOLIDATING PROCEEDINGS AND mon carrier by railroad subject to the Pursuant to the authority vested in FIXING DATE OF HEARING Interstate Commerce Act: me by paragraph (g) of the first order­ To provide standard refrigeration on any ing paragraph (§ 95.323, 8 F.R. 15491) of A p r il 20, 1944. refrigerator car loaded with grapeiruit origi­ Service Order No. 164 of November 10, Upon consideration of the application nating at any point or points in Texas moving 1943, permission is granted for any com­ filed on April 10, 1944, in Docket No. direct to destinations in Canada without mon carrier by railroad subject to the G-541 by Montana-Dakota Utilities Co., stop-off at intermediate points. Interstate Commerce Act: a Delaware corporation having its prin­ This permit shall become effective at 12:01 cipal place of business at Minneapolis, a. m., April 20, 1944, and shall expire at 12:01 To reice once in transit to full bunker ca­ Minnesota, for authorization pursuant to a. m., May 25, 1944. pacity at any points in the States of Cali­ The waybills shall show reference to this fornia, Oregon, Washington, Montana, Ne­ section 7 (b) of the Natural Gas Act general permit. vada, Utah, Arizona, Arkansas, Louisiana, New for the abandonment of the following- Mexico, Oklahoma, Texas, Kansas, Missouri, described facilities, located wholly within A copy of this general permit has been Nebraska, Iowa, or Illinois, or at Memphis, Valley County, Montana: served upon the Association of American Tennessee, or Jackson, Mississippi, refriger­ Railroads, Car Service Division, as agent ator cars loaded with grapefruit originating A six-inch, pipe line extending from a of the railroads subscribing to the car in Arizona and California. This reicing shall point in section 19, Township 31 North, Range be in addition to the replenishing service at 35 East, a distance of approximately 22 miles service and per diem agreement under the terms of that agreement; and notice the first regular icing station, provided in to a point in section 31, Township 30 North Amended General Permit No. 8 under Service Range 36 East; and of this permit shall be given to the gen­ Order No. 164. eral public by depositing a copy in the Upon consideration of the application This permit shall become effective at 12:01 office of the Secretary of the Commission filed on the same date by said company a. m., April 20, 1944, and shall expire at 12:01 at Washington, D. C., and by filing it a. m., May 25, 1944. in Docket No. G-540 for a certificate of with the Director, Division of the Federal The waybills shall show reference to this public convenience and necessity pur­ R6§ist6r, general permit. suant to section 7 (c) of the Natural Gas Issued at Washington, D. C., this 19th A copy of this general permit has been Act, as amended, to authorize the con­ day of April 1944. struction and operation of the following- served upon the Association of American described facilities located wholly within R. S. B ooth, Railroads, Car Service Division, as agent Valley County, Montana: Acting Director, of the railroads subscribing to the car Bureau of Service. service and per diem agreement under (a) A ten-inch pipe line extending South­ easterly from applicant’s Saco Compressor [F. R. Doc. 44-5691; Filed, April 21, 1944; the terms of that agreement; and notice Plant situated in Section 13, Township 31 11:23 a. m.] of this permit shall be given to the 4358 FEDERAL REGISTER, Saturday, April 22, 1944 general public by depositing a copy in the Chicago Great Western to destination un­ bodies for special permission for such office of the Secretary of the Commission known. tariffs or supplements to become effec­ at Washington, D. C., and by filing it The waybill shall show reference to this tive on the shortest notice lawfully per­ with the Director, Division of the Federal special permit. missible, but not prior to the effective Register. date of this order. A copy of this special permit has been Issued at Washington, D. C., this 19th 3. Whenever transportation service is served upon the Association of American day of April 1944. performed by one carrier in lieu of serv­ Railroads, Car Service Division, as agent R. S. B ooth, ice by another carrier, by reason of a Acting Director, of the railroads subscribing to the car diversion, exchange, pooling, or similar Bureau of Service. service and per diem agreement under act made or performed pursuant to the the terms of that agreement; and notice plan for joint action hereby approved, [P. R. Doc. 44-5693; Filed, April 21, 1944; of this permit shall be given to the gen­ 11:23 a. m.] the rates, charges, rules, and regula­ eral public by depositing a copy in the tions governing such service shall be office of the Secretary of the Commisr those that would have applied except for sion at Washington, D. C., and by filing such diversion, exchange, pooling, or it with the Director, Division of the Fed­ [S. O. 164, General Permit 17] other act. eral Register. 4. The provisions of this order shall R efrigeration of M ixed C itrus F ruits in Issued at Washington, D. C., this 19th not be so construed or applied as to re­ T exas day of April 1944. quire any carrier subject hereto to per­ Pursuant to the authority vested in me R. S. B ooth, form any seryice beyond its transporta­ by paragraph (g) of the first ordering Acting Director, Bureau of Service. tion capacity, or to authorize or require paragraph (§ 95.323, 8 F.R. 15491) of [F. R. Doc. 44-5695; Filed, April 21, 1944; any act or omission which is in violation Service Order No. 164 of November 10, 11:23 a. m.j of any law or regulation, or to permit 1944, permission is granted for any com­ any carrier to alter its legal liability to mon carrier by railroad subject to the any shipper.. In the event that compli­ Interstate Commerce Act: ance with any term of this order, or ef­ fectuation of any provision of such plan, To provide standard refrigeration on any would conflict with, or would not be au­ refrigerator car loaded with grapefruit or OFFICE OF DEFENSE TRANSPORTA­ loaded with mixed citrus fruits containing TION. thorized under, the existing interstate not less than 50% grapefruit originating at or intrastate operating authority of any any point or points in Texas moving direct, [Supp. Order ODT 3, R ev-224] carrier subject hereto, such carrier forth­ to destinations in Canada, or to destinations with shall apply to the appropriate regu­ C om m on Carriers in the United States located west of the west­ latory body or bodies for the granting ern boundaries of the States of Missouri, Iowa COORDINATED OPERATIONS BETWEEN MAYS- of such operating authority as may be and Minnesota and north of the northern VILLE AND FLEMINGSBURG, KY. requisite to compliance with the terms boundaries of the States of Oklahoma, New Mexico and Arizona, without stop-off at in­ Upon consideration of a plan for joint of this order, and shall prosecute such termediate points. action filed with the Office of Defense application with all possible diligence. This general permit shall become effective Transportation by the persons named in The coordination of operations directed at 12:01 a. m., April 20, 1944, and shall expire Appendix 1 hereof to facilitate compli­ by this order shall be subject to the car­ at 12:01 a. m., June 6, 1944. ance with the requirements and purposes riers’ possessing or obtaining the requi­ The waybills shall show reference to this of General Order ODT 3, Revised, as site operating authority. general permit. amended (7 F.R. 5445, 6689, 7694; 8 F.R. 5. All records of the carriers pertain­ A copy of this general permit has been 4660, 14582; 9 F.R. 947, 2793, 3264, 3357), ing to any transportation performed pur­ served upon the Association of American a copy of which plan is attached hereto suant to this order and to the provisions Railroads, Car Service Division, as agent as Appendix 2,1 and of such plan shall be kept available for of the railroads subscribing to the car It appearing that the proposed co­ examination and inspection at all rea­ service and per diem agreement under the ordination of operations is necessary in sonable times by accredited representa­ terms of that agreement; and notice of order to assure maximum utilization of tives of the Office of Defense Trans­ this permit shall be given to the general the facilities, services and equipment, portation. public by depositing a copy in the office and to conserve and providently utilize 6. The plan for joint action hereby ap­ of the Secretary of the Commission at vital equipment, materials, and supplies, proved and all contractual arrangements Washington, D. C., and by filing it with of the carriers,* and to provide for the made by the carriers to effectuate the the Director, Division of the Federal Reg­ prompt and continuous movement of plan shall not continue in operation be­ ister. necessary traffic, the attainment of which yond the effective period of this order. Issued at Washington, D. C., this 19th purposes is essential to the successful 7. Communications concerning this day of April 1944. prosecution of the war, It is hereby order should refer to it by the supple­ ordered, That: mentary order number which appears in R. S. B ooth, 1. The plan for joint action above re­ the caption hereof, and, unless otherwise Acting Director, directed, should be addressed to the Divi­ Bureau of Service. ferred to is hereby approved and the carriers are directed to put the plan in sion of Motor Transport, Office of De­ [F. R. Doc. 44-5694; Filed, April 21, 1944; operation forthwith, subject to the fol­ fense Transportation, Washington, D. C. 11:23 a. m.j lowing provisions, which shall supersede This order shall become effective April any provisions of such plan that are in 25, 1944, and shall remain in full force conflict therewith. and effect until the termination of the 2. Each of the carriers forthwith shall present war shall have been duly pro­ [S. O. 70-A, Special Permit 205] file a copy of this order with the appro­ claimed, or until such earlier time as the Office of Defense Transportation by fur­ R econsignment of P otatoes at K ansas priate regulatory body or bodies having ther order may designate. Cit y , Mo. jurisdiction over any operations affected by this order, and likewise shall file, and Issued at Washington, D. C., this 21st Pursuant to the authority vested in publish in accordance with law, and day of April 1944. me by paragraph (f) of the first order­ continue in effect until further order, J. M. Jo hnso n, ing paragraph (§ 95.35, 8 F.R. 14624) of tariffs or supplements to filed tariffs, set­ Director, Service Order No. 70-A of October 22, ting forth any changes in rates, charges, Office of Defense Transportation. 1943, permission is granted for any com­ mon carrier by railroad subject to the operations, rules, regulations, and prac­ App e n d ix 1 Interstate Commerce Act: tices of the carrier which may be neces­ 1. Germann Bros. Motor Transportation, sary to accord with the provisions of this Inc. (a corporation), Ripley, Ohio, To disregard entirely the provisions of 2. Union Transfer & Storage Company (a Service Order No. 70-A insofar as it applies order and of such plans; and forthwith corporation), Lexington, Ky. to the reconsignment at. Kansas City, Mis­ shall apply to such regulatory body or souri, April 21, 1944, by L. S. Taube & Cojn* IF. R. Doc. 44-5673; Filed, April 21, 1944; pany of car PFE 75269, potatoes, now on th* 1 Filed as part of the original document. 10:16 a. m.j FEDERAL REGISTER, Saturday, A pril 22, 1944 4359

OFFICE OF ALIEN PROPERTY CUS­ with a request for a hearing thereon, on to be held, used, administered, liquidated, TODIAN. Form APC-1, within one year from the sold or otherwise dealt with in the in­ terest of and for the benefit of the United [Vesting Order 3437] date hereof, or within such further time as may be allowed by the Alien Property States. A l m a W eych ar d t . Custodian. Such property, and any or all of the The terms “ national” and “ designated proceeds thereof, shall be held in an ap­ In re: Trusts under the will of Alma enemy country” as used herein shall propriate special account or accounts, Weychardt, deceased; Pile No. F-28- have the meanings prescribed in section pending further determination of the 4000; E. T. sec. 3650). 10 of said Executive order. Alien Property Custodian. This shall Under the authority of the Trading Dated: April 12, 1944. not be deemed to limit the powers of the with the Enemy Act, as amended and [ s e a l] J am es E. M a r k h a m , Alien Property Custodian to return such Executive Order 9095, as amended, and Alien Property Custodian. property or the proceeds thereof, or to pursuant to law, the Alien Property Cus­ indicate that compensation will not be [F. R. Doc. 44-5597; Filed April 20, 1944; paid in lieu thereof, if and when it should todian after investigation, 11:05 a. m.] be determined that such return should Finding that— (1) The property and interests herein­ be made or such compensation should be after described are property which is in the paid. process of administration by Title Guarantee [Vesting Order 3438] Any person, except a national of a and Trust Company, as trustee, ¡acting under designated enemy country, asserting any the judicial supervision of the Surrogate’s M o ritz A r c h e n h o ld claim arising as a result of this order may Court, Kings County, New York; and In re: Trust under the will of Moritz file with the Alien Property Custodian a (2) Such property and interests are pay­ notice of his claim, together with a re­ able or deliverable to, or claimed by na­ Archenhold, deceased, for the benefit of tionals of a designated enemy country, Ger­ Helene T. Helb, File D-28-1785; E. T. quest for a hearing thereon, on Form many, namely, sec. 1037. APC-1, within one year from the date Under the authority of the Trading hereof, or within such further time as Nationals and Last Known Address with the Enemy Act, as amended, and may be allowed by the Alien Property Heinrich Weychardt, Germany. Executive Order 9095, as amended, and Custodian. Herman Weychardt, Germany. pursuant to law, the Alien Property Cus­ The terms “national” and “designated Waldemar Schmidt, Germany. todian after investigation, enemy country” as used herein shall have Else Schmidt-Hayn, Germany. the meanings prescribed in section 10 of Gertrud Schmidt, Germany. Finding that— Conrad Weychardt, Germany. (1) The property and interests herein­ said Executive order. Ernst Weychardt, Germany. after described are property which is in the Dated: April 12, 1944. Emmy Weychardt, Germany. process of administration by The Chase N a­ [ s e a l] Jam es E. M a r k h a m , tional Bank of the City of New York, as Alien Property Custodian. And determining that— trustee, acting under the judicial supervision (3) If such nationals are persons not with­ of the Supreme Court, New York County, [F. R. Doc. 44-5598; Filed, April 20, 1944; in a designated enemy country, the national New York; 11:05 a. m.j interest of the United States requires that v (2) Such property and interests are pay­ such persons be treated as nationals of a able or deliverable to, or claimed by, na­ designated enemy country, Germany; and tionals of a designated enemy country, Ger­ Having made all determinations and taken all many, namely, [Vesting Order 3439] action, after appropriate consultation and Nationals and Lasi Known Address M o ritz A r c h e n h o ld certification, required by said Executive order or act or otherwise, and deeming it necessary Louis Archenhold, Germany. In re: Trust under the will of Moritz in the national interest, Julie Archenhold Katz, Germany. Archenhold, deceased, for the benefit of Salli Archenhold, Germany. Jula Ikenberg, et al., File No. D-28-1785; Now, therefore, the Alien Property Siegmund Archenhold, Germany. Custodian hereby vests the following Julius Archenhold, Germany. E. T. sec. 1037. property and interests; Selma Archenhold, Germany. Under the authority of the Trading All right, title, interest and claim of any Alma Archenhold Hirschland, Belgium. with the Enemy Act, as amended, and kind or character whatsoever of Heinrich Richard Helb, Germany. Executive Order 9095, as amended, and Weychardt, Herman Weychardt, Waldemar And determining that— pursuant to law, the Alien Property Cus­ Schmidt, Else , Schmidt-Hayn, Gertrud (3) Alma Archenhold Hirschland, a citizen todian after investigation, Schmidt, Conrad Weychardt, Ernst Weychardt or subject of a designated enemy country, Finding that— and Emmy Weychardt, and each of them, in Germany, and within an enemy-occupied (1) The property and interests hereinafter and to the trusts created under the Last Will country, Belgium, is a national of a desig­ described are property which is in the process and Testament of Alma Weychardt, deceased, nated enemy country, Germany; of administration by the Irving Trust Com­ to be held, used, administered, liquidated, (4) To the extent that such nationals are pany, as trustee, acting under the judicial sold or otherwise dealt with in the in­ persons not within a designated enemy coun-_ supervision of the Supreme Court, New York try, the national interest of the United States terest of and for the benefit of the United County, New York; requires that such persons be treated as (2) Such property and interests are pay­ States. nationals of a designated enemy country, able or deliverable to, or claimed by, na­ Such property, and any or all of the Germany; and tionals of a designated enemy country, Ger­ proceeds thereof, shall be held in an ap­ Having made all determinations and taken many, namely, propriate special account or accounts all action after appropriate consultation and Nationals and Last Known Address pending further determination of the certification, required by said Executive order Alien Property Custodian. This shall or act or otherwise, and deeming it necessary Ida Sara Well, sole heir of Jula Ikenberg, not be deemed to limit the powers of the in the national interest, dec’d., Germany. Alien Property Custodian to return such Louis Archenhold, Germany. Now, therefore, the Alien Property Julie Archenhold Katz, Germany. property or the proceeds thereof, or to Custodian hereby vests the following Salli Archenhold, Germany. indicate that compensation will not be property and interests: Siegmund Archenhold, Germany. paid in lieu thereof, if and when it Julius Archenhold, Germany^ should be determined that such return All right, title, interest and claim of any Selma Archenhold, Germany. should be made or such compensation kind or character whatsoever of Louis Archen­ Alma Archenhold Hirschland, Belgium. hold, Salli Archenhold, Siegmund Archen­ should be paid. hold, Alma Archenhold Hirschland, Julius And determining that— Any person, except a national of a Archenhold, Julie Archenhold Katz, Selma (3) Alma Archenhold Hirschland, a citizen designated enemy country, asserting any Archenhold, and Richard Helb, and each of or subject of a designated enemy country, claim arising as a result of this order them, in and to the trust ereated under the Germany, and within an enemy-occupied may file with the Alien Property Cus­ W ill of Moritz Archenhold, deceased, for the country, Belgium, is a national of a desig­ todian a notice of . his claim, together benefit of Helene T. Helb, nated enemy country, Germany. No. 81------6 4360 FEDERAL REGISTER, Saturday, April 22, 1944

(4) To the extent that such nationals are pervision of the Superior Court of the State Finding that— persons not within a designated enemy coun­ of Washington, in and for the County of (1) The property and interests hereinafter try, the national interest of the United States Pierce; described are property which is in the process requires that such persons he treated as na­ (2) Such property and interests are pay­ of administration by Minnie E. Fembel, Ad­ tionals of a designated enemy country, Ger­ able or deliverable to, or claimed by, nationals ministratrix d. b. n. c. t. a., acting under the many; and of a designated enemy country, Germany, judioial supervision of the Orphans’ Court Having made all determinations and namely, of Philadelphia County, Pennsylvania; taken all action, after appropriate consulta­ Nationals and Last Known Address (2) Such property and interests are pay­ tion and certification, required by said Ex­ able or deliverable to, or claimed by, na­ ecutive order or act or otherwise, and deem­ Arthur Starsonek, Germany. tionals of a designated enemy country, Ger­ ing it necessary in. the national interest, Otto Starsonek, Germany. many, namely, Now, therefore, the Alien Property And determining that— Nationals and Last Known Address Custodian hereby vests the following , (3) If such nationals are persons not within a designated enemy country, the national in­ Luise Haaz, Germany. property and interests: Carl Daiber, Germany. terest of the United States requires that such Lydia Daiber, Germany. All right, title, interest and claim of any persons be treated as nationals of a desig­ kind or character whatsoever of Ida Sara nated enemy country, Germany; and And determining that— Weil, the sole heir of Jula Ikenberg, de­ (3) I f such nationals are persons not ceased, Louis Archenhold, Julie Archenhold Having made all determinations and taken all action, after appropriate consultation and within a designated enemy country, the na­ Katz, Salli Archenhold, Siegmund Archen­ tional interest of the United States requires hold, Julius Archenhold, Selma Archenhold certification, required by said Executive order or act or otherwise, and deeming it necessary that such persons be treated as nationals of and Alma Archenhold Hirschland, and each a designated enemy country, Germany; and of them, in and to the trust created under in the national interest, Having made all determinations and taken the W ill of Moritz Archenhold, deceased, Now, therefore, the Alien Property for the benefit of Jula Ikenberg and Johanna all action, after appropriate consultation and Ikenberg, Custodian hereby vests the following certification, required by said Executive order property and interests.: or act or otherwise, and deeming it necessary to be held, used, administered, liquid­ All right, -title, interest, and claim of any in the national interest, ated, sold or otherwise dealt with in the kind or character whatsoever o f , Arthur interest of and for the benefit of the Now, therefore, the Alien Property Starsonek and Otto Starsonek, and each of Custodian hereby vests the following United States. them, in and to the estate of Mathilde Such property, and any or all of the Arnold, deceased, property and interests: proceeds thereof, shall be held in an All right, title, interest and claim of any to be held, used, administered, liquidated, appropriate special account or accounts, kind or character whatsoever of Luise Haaz, sold or otherwise dealt with in the inter­ pending further determination of the Carl Daiber and Lydia Daiber, and each of est of and for the benefit of the United Alien Property Custodian. This shall them, in and to the Estate of Christiane E. States. Daiber, deceased, not be deemed to limit the powers of the Alien Property Custodian to return such Such property, and any or all of the to be held, used, administered, liqui­ property or the proceeds thereof, or to proceeds thereof, shall be held in an ap­ dated, sold or otherwise dealt" with in indicate that compensation will not be propriate special account or accounts, the interest of and for the benefit of paid in lieu thereof, if and when it pending further determination of the the United States. . Alien Property Custodian. This shall not should be determined that such return Such property, and any or all of the should be made or such compensation be deemed to limit the powers of the proceeds thereof, shall be held in an should be paid. Alien Property Custodian to return such appropriate special account or accounts, Any person, except a national of a property or the proceeds thereof, or to pending further determination of the designated enemy country, asserting any indicate that compensation will not be Alien Property Custodian. This shall claim arising as a result of this order paid in lieu thereof, if and when it should not be deemed to limit the powers of the may file with the Alien Property Cus­ be determined that such return should Alien Property Custodian to return such todian a notice of his claim, together be made or such compensation should property or the proceeds thereof, or to with a request for a hearing thereon, on be paid. indicate that compensation will not be Form APC-1, within one year from the Any person, except a national of a des­ paid in lieu thereof, if and when it should date hereof, or within such further time ignated enemy country, asserting any be determined that such return should as may be allowed by the Alien Property claim arising as a result of this order may be made or such compensation should Custodian. file with the Alien Property Custodian a be paid. notice of his claim, together with a re­ The terms “national” and “designated Any person, except a national of a des­ quest for a hearing thereon, on Form enemy country” as used herein shall ignated enemy country, asserting any have the meanings prescribed in section APC-1, within one year from the date claim arising as a result of this order hereof, or within such further time as 10 of said Executive order. may file with the Alien Property Cus­ Dated: April 12, 1944. may be allowed by the Alien Property todian a notice of his claim, together Custodian. with a request for a hearing thereon, on [ seal] James E. M arkham, The terms “national” and "designated Alien Prqperty Custodian. Form APC-1, within one year from the enemy country” as used herein shall have date hereof, or within such further time [P. R. Doc. 44-5599; Filed April 20, 1944; the meanings prescribed in section 10 of as may be allowed by the Alien Property 11:05 a. m.] said Executive order. Custodian. Dated: April 12, 1944. The terms “national” and “ designated [ seal] James E. M arkham, enemy country” as used herein shall [Vesting Order 8440] Alien Property Custodian. have the meanings prescribed in section [F. R. Doc. 44-5600; Filed April 20, 1944; 10 of said Executive orders. M athilde A rnold 11:05 a. m.] Dated: April 12, 1944. In re: Estate of Mathilde Arnold, de­ [ seal] James E. M arkham, ceased; File D-28-7843; E. T. sec. 8598. Alien Property Custodian. [Vesting Order 3441] Under the authority of the Trading [F. R. DOC. 44-5601; Filed, April 20, 1944; with the Enemy Act, as amended, and C hristiane E. D aiber 11:05 a. m.] Executive Order 9095, as amended, and pursuant to law, the Alien Property Cus­ In re: Estate of Christiane E. Daiber, todian after investigation, deceased; File D-66-1584; E.T. sec. 9910. [Vesting Order 3442] Finding that— Under the authority of the Trading (1) The property and interests hereinafter with the Enemy Act, as amended, and P aul D elmar described are property which Is in the process Executive Order 9095, as amended, and of administration by Henrietta B. Chamber­ pursuant to law, the Alien Property Cus­ In re: Estate of Paul Delmar, de­ lin, Executrix, acting under the Judicial su­ todian after investigation, ceased; File D-28-4115; E. T. sec. 7101. FEDERAL REGISTER, Saturday, April 22, 1944 4361

Under the authority of the Trading [Vesting Order 3448] [Vesting Order 3444] with the Enemy Act, as amended, and T h o m a s H a r x w e in P eter H eim er s Executive Order 9095, as amended, and pursuant to law, the Alien Property Cus­ In ret Estate of Thomas Hartwein, In re:'Estate of Peter Heimers, de­ todian after investigation. deceased; File D-28-8000; E. T. sec. 8957. ceased; File D-28-4290; E. T. sec. 7335. Under the authority of the Trading Under the authority of the Trading Finding that— with the Enemy Act, as amended, and with the Enemy Act, as amended, and (1) The property and interests hereinafter Executive Order 9095, as amended, and described are property which is in the process Executive Order 9095, as amended, and of administration by Joseph W . Mclnerney, pursuant to law, the Alien Property Cus­ pursuant to law, the Alien Property Cus­ Executor, acting under the judicial super­ todian after investigation, todian after investigation, vision of the Superior Court of the State of Finding that— Finding that— California, in and for the County of Los (1) The property and interests herein­ (1) The property and interests hereinafter Angeles; after described are property which is in the described are property which is in the process (2) Such property and interests are pay­ process of administration by John Hart­ of administration by Isidore Feigenberg, W il­ able or deliverable to, or claimed by, na­ wein, Administrator, acting under the judi­ liam M. Hosken, R. J. Callaghan, Executors, tionals of a designated enemy country, Ger­ cial supervision of the Superior Court of the acting under the judicial supervision of the many, namely, State of California, in and for the County Superior Court of the State of California, Nationals and Last Known Address of Alameda; in and for the County of Alameda; (2) Such property and interests are pay­ (2) Such property and interests are pay­ Mrs. Suzanna Grofs, Germany. able or deliverable to, or claimed by a na­ able or deliverable to, or claimed by, nationals Johan Wollnik, Germany. tional of a designated enemy country, Ger­ of a designated enemy country, Germany, Mrs. Marie Hugel, Germany. many, namely, namely, And determining that— National and Last Known Address Nationals and Last Known Address (3) If such nationals are persons not within a designated enemy country, the national Mrs. Jacob Smetzer, Germany. Children, names unknown, of Rosenia interest of the United States requires that And determining that— Finger, Germany. such persons be treated as nationals of a (8) If such national is a person not within And determining that— designated enemy country, Germany; and a designated enemy country, the national in­ (3) If such nationals are persons not terest of the United States requires that such Having made all determinations and taken all within a designated enemy country, the na­ person be treated as a national of a desig­ action, after appropriate consultation and tional interest of the United States requires nated enemy country, Germany; and certification required by said Executive order that such persons be treated as nationals of a designated enemy country, Germany; and or act or otherwise, and deeming it necessary Having made all determinations and taken all in the national interest, action, after appropriate consultation and Having made all determinations and taken certification, required by said Executive order all action, after appropriate consultation and Now, therefore, the Alien Property or act or otherwise, and deeming it necessary certification, required by said Executive order Custodian hereby vests the following in the national interest, or act or otherwise, and deeming it necessary property and interests: in the national interest, Now, therefore, the Alien Property Cus­ All right, title, interest, and claim of any todian hereby vests the following prop­ Now, therefore, the Alien Property kind or character whatsoever of Mrs. Suzanna erty and interests: Custodian hereby vests the following Grofs, Johan Wollnik, Mrs. Marie Hugel, and property and interests: each of them, in and to the Estate of Paul All right, title, interest, and claim of any Delmar, deceased, kind or character whatsoever of Mrs. Jacob All right, title, Interest, and claim of any Smetzer, in and to the Estate of Thomas kind or character whatsoever of children, to be held, used, administered, liqui­ Hartwein, deceased, names unknown, of Rosenia Finger, and each dated, sold or otherwise dealt with in the of them, .in and to the estate of Peter Heimers, to be held, used, administered, liquidated, deceased, interest of and for the benefit of the sold or otherwise dealt with in the inter­ United States. est of and for the benefit of the United to be held, used, administered, liquidated, Such property, and any or all of the States. sold or otherwise dealt with in the in­ proceeds thereof, shall be held in an Such property, and any or all of the terest of and for the benefit of the United appropriate special account or accounts, proceeds thereof, shall be held in an ap­ States. pending further determination of the propriate special accounts or accounts, ’ Such property, and any or all of the proceeds thereof, shall be held in an ap­ Alien Property Custodian. This shall pending further determination of the propriate special account or accounts, not be deemed to limit the powers of the Alien Property Custodian. This shall not be deemed to limit the powers of pending further determination of the Alien Property Custodian to return such Alien Property Custodian. This shall property or the proceeds thereof, or to the Alien Property Custodian to return such property or the proceeds thereof, or not be deemed to limit the powers of the indicate that compensation will not be to indicate that compensation will not be Alien Property Custodian to return such property or the proceeds thereof, or to paid in lieu thereof, if and when it should paid in lieu thereof, if and when it should be determined that such return should be determined that such return should indicate that compensation will not be paid in lieu thereof, if and when it should be made or such compensation should be be made or such compensation should be paid. be determined that such return should paid. be made or such compensation should Any person, except a national of a Any person, except a national of a designated enemy country, asserting any be paid. designated enemy country, asserting any Any person,- except a national of a claim arising as a result of this order claim arising as a result of this order designated enemy country, asserting any may file with the Alien Property Cus­ may file with the Alien Property Custo­ claim arising as a result of this order may todian a notice of his claim, together dian a notice of his claim, together with file with the Alien Property Custodian a with a request for a hearing thereon, a request for a hearing thereon, on Form notice of his claim, together with a re­ on Form APC-1; within one year from APC-1, within one year from the date quest for a hearing thereon, on Form the date hereof, or within such further hereof, or within such further time as APC-1, within one year from the date time as may be allowed by the Alien may be allowed by the Alien Property hereof, or within such further time as Property Custodian. , Custodian. may be allowed by the Alien Property The terms “national” and “ designated The terms “national” and “designated Custodian. enemy country” as used herein shall enemy country” as used herein shall have The terms “national” and “ designated enemy country” as used herein shall have have the meanings prescribed in section the meanings prescribed in section 10 of the meanings prescribed in section 10 of 10 of said Executive order. said Executive order. Dated: April 12,1944. said Executive order.' Dated: April 12, 1944. Dated: April 12, 1944. [ seal] Jam es E. M ar k h am , [ s e a l] Jam es E. M ar k h am , [ se al] J am es E. M ar k h a m , Alien Property Custodian. Alien Property Custodian. Alien Property Custodian. [F.R. Doc. 44-5602; Filed, April 20, 1944; [F. R. Doc. 44-5603; Filed, April 20, 1044; [F. R. Doc. 44-5604; Filed, April 20, 1944; 11:07 a. m.] 11:07 a. m.j 11:07 a. m.] 4362 FEDERAL REGISTER, Saturday, April 22, 1944

[Vesting Order 3445] [Vesting Order 3446] have the meanings prescribed in sec­ tion 10 of said Executive order. ^ Joseph F. H ejtmanek Jo h n Jeschko Dated: April 12, 1944. In re: Estate of Joseph F. Hejtmanek, In re: Estate of John Jeschko, de­ deceased; File D-28-7578; E.T. sec. 8075. [ seal] James E. M arkham, ceased; File D-6-113; E. T. sec, 188. Under the authority of the Trading Alien Property Custodian. Under the authority of the Trading with the Enemy Act, as amended, and [F. R. Doc. 44-5606; Filed, April 20, 1944; Executive Order 9095, as amended, and with the Enemy Act, as amended, and 11:08 a. m.] pursuant to law, the Alien Property Cus­ Executive Order 9095, as amended, and todian after investigation, pursuant to law, the Alien Property Cus­ Finding that— todian after investigation, [Vesting Order 3447] (1) The property and interests hereinafter Finding that— A n n a E. K oll described are property which is in the process (1) Yhe property and interests hereinafter of administration by Lulu Hejtmanek, execu­ described are property which is in the proc­ In re: Trust under will of Anna E. Koll, trix, acting under the judicial supervision of ess of administration by Emmett E. Spink, deceased; iFile D-28-2554; E. T. sec. 4991. the Surrogate’s Court, New York County, administrator, acting under the judicial Under the authority of the Trading State of New York; supervision of the Surrogate’s Court, Cattar­ with the Enemy Act, as amended, and (2) Such property and interests are pay­ augus County, State of New York; Executive Order 9095, as amended, and able or deliverable to, or claimed by, na­ (2) Such property and interests are pay­ tionals of a designated enemy country, Ger­ pursuant to law, the Alien Property Cus­ able or deliverable to, or claimed by, nation­ todian after investigation, many, namely, als of a designated enemy country, Germany, Nationals and Last Known Address namely, Finding that— (1) The property and interests herein­ Antonie Trost, Germany. Nationals and Last Known Address after described are property which is in the Children of Antonie Trost, whose names process of administration by Herman Richter, are unknown, Germany. William Jeschko, Breuth bei Bleiberg ob Villach Karnten, Germany (Austria). as Trustee, acting under the Judicial super­ And determining that— Hannah Schabel, Heindenrichsten, Germany vision of Surrogate’s Court of the State of (3) If such nationals are persons not with­ (Austria.) New York, in and for the County of Kings; in a designated enemy country, the national Mary Treschko, Wielansberg, Germany (2) Such property and interests are payable Interest of the United States requires that (A u stria). or deliverable to, or claimed by a national of such persons be treated as nationals of a a designated enemy country, Germany, designated enemy country, Germany; and And determining that— namely, (3) If such nationals are persons not within National and Last Known Address Having made all determinations and taken a designated enemy country, the national in­ all action, after appropriate consultation and terest of the United States requires that such Friedrich Lubben, Baron Strasse 4, Rends- certification, required by said Executive or­ persons be treated as nationals of a desig­ burg, Germany. der or act or otherwise, and deeming it neces­ nated enemy country, Germany; and sary in the national interest, And determining that— Having made all determinations and taken (3) I f such national is a person not within Now, therefore, the Alien Property Cus­ all action, after appropriate consultation and a designated enemy country, the national todian hereby vests the following prop­ certification, required by said Executive order interest of the United States requires that erty and interests: or act or otherwise, and deeming it necessary such person be treated as a national of a in the national interest, designated enemy country, Germany; and All right, title, interest and claim of any kind or character whatsoever of Antonie Now, therefore, the Alien Property Cus­ Having made all determinations and taken all action, after appropriate consultation and -Trost, and her children whose names are todian hereby vests the following prop­ unknown, and each of them, in and to the certification required by said Executive order estate of Joseph F. Hejtmanek, deceased, erty and interests: or act or otherwise, and deeming it necessary in the national interest, to be held, used, administered, liquidated, All right, title, interest and claim of any kind or character whatsoever of William Now, therefore, the Alien Property sold or otherwise dealt with in the inter­ Jeschko, Hannah Schabel and Mary Treschko, est of and for the benefit of the United Custodian hereby vests the following and each of them, In and to the estate of property and interests: States. John Jeschko, deceased, Such property, and any or all of the All right, title, interest and claim of any proceeds thereof, shall be held in an ap­ to be held, used, administered, liquidated, kind or character whatsoever of Friedrioh propriate special account or accounts, sold or otherwise dealt with in the in­ Ltibben, in and to a trust created under the pending further determination of the terest of and for the benefit of the United Last W ill and Testament of Anna E. Koll, deceased, Alien Property Custodian. This shall not States. be deemed to limit the powers of the Such property, and any or all of the to be held, used, administered, liquidated, Alien Property Custodian to return such proceeds thereof, shall be held in an sold or otherwise dealt, with in the in­ property or the proceeds thereof, or to in­ appropriate special account or accounts, terest of and for the benefit of the United dicate that compensation will not be paid States. pending further determination of the in lieu thereof, if and when it should be Such property, and any or all of the Alien Property Custodian. This shall determined that such return should be proceeds thereof, shall be held in an ap­ . made or such compensation should be not be deemed to limit the powers of propriate special account or accounts, paid., the Alien Property Custodian to return pending further determination of the Any person, except a national of a des­ such property or the proceeds thereof, Alien Property Custodian. This shall not ignated enemy country, asserting any or to indicate that compensation will be deemed to limit the powers of the claim arising as a result of this order not be paid in lieu thereof, if and when Alien Property Custodian to return such may file with the Alien Property Cus­ it should be determined that such re­ property or the proceeds thereof, or to todian a notice of his claim, together turn should be made or such compen­ indicate that compensation will riot be with a request for a hearing thereon, on sation should be paid. paid in lieu thereof, if and when it should Form APC-1, within one year from the Any person, except a national of a be determined that such return should be date hereof, or within such further time made or such compensation should be designated enemy country, asserting any. as may be allowed by the Alien Property paid. Custodian. claim arising as a result of this order Any person, except a national of a The terms “ national” and “ designated may file with the Alien Property Cus­ designated enemy country, asserting any enemy country” as used herein shall, have todian a notice of his claim, together claim arising as a result of this order may the meanings prescribed in section 10 of with a request for a hearing thereon, file with the Alien Property Custodian a said Executive order. on Form APC-1, within one year from notice of his claim, together with a re­ Dated: April 12, 1944. the date hereof, or within such further quest- for a hearing thereon, on Form [ seal] James E. M arkham, time as may be allowed by the Alien APC-1, within one year from the date Alien Property Custodian. Property Custodian. hereof, or within such further time as [F. R. Doc. 44-5605; Filed, April 20, 1944; The terms “national” and “designated may be allowed by the Alien Property 11:08 a. m.] enemy country” as used herein shall Custodian. FEDERAL REGISTER, Saturday, A p ril 22, 1944 4363

The terms “national” and “designated as may be allowed by the Alien Property to be held, used, administered, liquidated, enemy country” as used herein shall have Custodian. sold or otherwise dealt with in the in­ the meanings prescribed in section 10 The terms “ national” and “ designated terest of and for the benefit of the United of said Executive order. enemy country” as used herein shall have States. Dated: April 12, 1944. the meanings prescribed in section 10 of Such property, and any or all of the [ seal] Jam es E. M a r k h a m , said Executive order. proceeds thereof, shall be held in an ap­ Alien Property Custodian. Dated: April 12, 1944. propriate special account or accounts, [ se al] J am es E. M ar k h a m , pending further determination of the [P. R. Doc. 44-5607; Filed, April 20, 1944; Alien Property Custodian. Alien Property Custodian. This shall not 11:08 a. m.] be deemed to limit the powers of the [F. R. Doc. 44-5808; Filed April 20, 1944; Alien Property Custodian to return such 11:08 a. m.] property or the proceeds thereof’ or to [Vesting Order 3448] indicate that compensation will not be paid in lieu thereof, if and when it should M ar y M ill e r [Vesting Order 3449] be determined that such return should be made or such compensation should be In re: Estate of Mary Miller, also known P a u l M ille r as Maria Mueller, deceased; filed D-28- paid. In re: Estate of Paul Miller, deceased; Any person* except a national of a 8414; E. T. sec. 9815. Pile D-28-2423 ; E. T. sec. 3707. Under the authority of the Trading designated enemy country, asserting any Under the authority of the Trading with the Enemy Act, as amended, and claim arising as a result of this order may with the Enemy Act, as amended, and Executive Order 9095, as amended, and file with the Alien Property Custodian a Executive Order 9095, as amended, and pursuant to law, the Alien Property Cus­ notice uf his claim, together with a re­ pursuant to law, the Alien Property Cus­ todian after investigation, quest for a hearing thereon, on Form todian after investigation, APC-1, within one year from the date Finding that— hereof, or within such further time as (1) The property and interests hereinafter Finding that— described are property which is in the process ( 1 ) The property and interests hereinafter may be allowed by the Alien Property of administration by J. M. Hayes, Adminis­ described are property which is in the proc­ Custodian. trator de bonis non, acting under the judicial ess of administration by the Bank of Amer­ The terms “national” and “designated supervision of the Probate Court of Brazoria ica National Trust and Savings Association, enemy country” as used herein shall have Executor, acting under the judicial super­ County, Texas; • the meanings prescribed in section 10 of (2) Such property and interests are payable vision of the Superior Court of the State of California, in and for ithe County of said Executive order. or deliverable to, or claimed by, a national of Dated: April 12, 1944. a designated enemy country, Germany, Santa Clara; namely, (2) Such property and interests are pay­ [ se al] Jam es E. M a r k h a m , able or deliverable to, or claimed by, na­ Alien Property Custodian. National and Last Known Address tionals of a designated enemy country, Ger­ many, namely, [F. R. Doc. 44-5609; Filed, April 20, 1944; George Mueller, Germany. 11:08.a. m.] And determining that— Nationals and Last Known Address (3) If such national is a person not within Emma Biesel, Germany. a designated enemy country, the national in­ Lotte Biesel, Germany. terest of the United States requires that such Hedwig Miklisch, Germany. [Vesting Order 3450] person be treated as a national of a desig­ Helene Schmidel, Germany. nated enemy country, Germany; and ** Max Schmidel, Germany. F rieda O p pe n h e im e r Paul Schmidel, Germany. Having made all determinations and taken Otto Schmidel, Germany. In re: Estate of Frieda Oppenheimer, all action, after appropriate consultation and Lenka Schmidel, Germany. deceased; File D-28-8209; E. T. sec. 9241. certification, required by said Executive or­ Max Schneider, Germany. der or act or otherwise, and deeming it nec­ Under the authority of the Trading Richard Schneider, Germany. essary in the national interest, with the Enemy Act, as amended, and ------Schneider, first name unknown, Executive Order 9095, as amended, and Now, therefore, the Alien Property Child of Maria and August Schneider, Ger­ pursuant to law, the Alien Property Cus­ many. Custodian hereby vests the following todian, after investigation, property and interests: ------Schneider, first name unknown, child of Maria and August Schneider, Ger­ Finding that— All right, title, interest and claim of any many. (1) The property and interests hereinafter kind or character whatsoever of George ------Schneider, first name unknown, described are property which is in the proc­ Mueller in and to the estate of Mary Miller, child of Maria and August Schneider, Ger­ ess of administration by June Oppenheimer also known as Maria Mueller, deceased. many. Frisch, Executrix, acting under the judicial ------Schneider, first name unknown, to be held, used, administered, liquidated, supervision of the Superior Court of the State child of Maria and August Schneider, Ger­ of California, in and for the County of Los sold or otherwise dealt with in the inter­ many. Angeles; est of and for the benefit of the United (1) Such property and interests are pay­ States. And determining that— (3) If such nationals are persons not able or deliverable to, or claimed by, nationals Such property, and any or all of the within a designated enemy country, the of a designated enemy country, Germany, proceeds thereof, shall be held in an national interest of the United States re­ namely, appropriate special account or accounts, quires that such persons be treated as na­ National and Last Known Address pending further determination of the tionals of a designated enemy country, Martin Kahn, Germany. Alien Property Custodian. This shall not Germany; and And determining that— be deemed to limit the powers of the Having made all determinations and taken (3) If such national is a person not within Alien Property Custodian to return such all action, after appropriate consultation and a designated enemy country, the national property or the proceeds thereof, or to certification, required by said Executive order interest of the United States requires that or act or otherwise, and deeming it neces­ indicate that, compensation will not be such person be treated as a national of a sary in the national interest, paid in lieu thereof, if and when it should designated enemy country, Germany; and be determined that such return should Now, therefore, the Alien Property Having made all determinations and taken be made or such compensation should be Custodian hereby vests the following paid. all action, after appropriate consultation and property and interests: certification, required by said Executive Any person, except a national of a All right, title, jnterest and claim of any order or act or otherwise, and deeming It designated enemy country, asserting any necessary in the national interest, claim arising- as a result of this order kind or character whatsoever of Emma Biesel, Lotte Biesel, Hedwig Miklisch, Helene Now, therefore, the Alien Property may file with the-Alien Property Cus­ Schmidel, Max Schmidel, Paul Schmidel, Otto todian a notice of his claim, together Custodian hereby vests the following Schmidel, Richard Schneider and the four property and interests : with a request for a hearing thereon, on children, names unknown,, of Maria and Form APC-1, within one year from the August Schneider, and each of them, in and All right, title, interest, and claim of any date hereof, or within such further time to the Estate of Paul Miller, deceased, kind or character whatsoever of Martin 4364 FEDERAL REGISTER, Saturday, April 22, 1944

Kahn, in and to the estate of Frieda Oppen­ Now, therefore, the Alien Property Cus­ interest of the United States requires that heimer, deceased. todian hereby vests the following prop­ such person be treated as a national of a designated enemy country, Germany; and to be held, used, administered, liqui­ erty and interests: dated, sold or otherwise dealt with in the All right, title, interest, and claim of any Having made all determinations and taken interest of and for the benefit of the kind or character whatsoever of Gurgen all action, after appropriate consultation and United States. Scheel, Rudolph Scheel, and each of them, certification, required by said Executive order in and to the estate of John Scheel, deceased, or act or otherwise, and deeming it necessary Such property, and any or all the pro­ in the national interest, ceeds thereof, shall be held in an appro­ to be held, used, administered, liquidated, priate special account or accounts, pend­ sold or otherwise dealt with in the inter­ Now, therefore, the Alien Property ing further determination of the Alien est of and for the benefit of the United Custodian hereby vests the following property and interests: Property Custodian. This shall not be States. . . deemed to limit the powers of the Alien Such property, and any or all of the All right, title, interest and claim of any Property Custodian to return such prop­ proceeds thereof, shall be held in an ap­ kind or character whatsoever of Fritz R. erty or the proceeds thereof, or to indi­ propriate special account or accounts, Teuter in and to the Mortgage Participa­ tion Certificate #93687 in Mortgage FI 195 cate that compensation will not be paid pending further determination of the in lieu thereof, if and when it should (208556) in the face amount of $200.00 Alien Property Custodian. This shall not issued by the Title Guarantee and Trust be determined that such return should be deemed to limit the powers of the Company, be made or such compensation should be Alien Property Custodian to return such paid. property or the proceeds thereof, or to to be held, used, administered, liquidated, Any person, except a national of a indicate that compensation will not be sold or otherwise dealt with in the inter­ designated enemy country, asserting any paid in lieu thereof, if and when it should est of and for the benefit of the United claim arising as a result of this order be determined that such return should be States. may file with the Alien Property Cus­ made or such compensation should be Such property and any or all of the todian a notice of his claim, together paid. proceeds thereof shall be held in an ap­ with a request for a hearing thereon, on Any person, except a national of a des­ propriate special account or accounts Form APC-1, within one year from the ignated enemy country, asserting any pending further determination of the 'date hereof, or within such further time claim arising as a result of this order may Alien Property Custodian. This shall as may be allowed by the Alien Property file with the Alien Property Custodian a not be deemed to limit the powers of Custodian. notice of his claim, together with a re­ the Alien Property Custodian to return The terms “national” and “ designated quest for a hearing thereon, on Form such property or the proceeds thereof, enemy country” as used herein shall APC-1, within one year from the date or to indicate that compensation will have the meanings prescribed in section hereof, or within such further time as not be paid in lieu thereof, if and when 10 of said Executive order. may be allowed by the Alien Property it should be determined that such re­ Dated: April 12, 1944. Custodian. turn should be made or such compensa­ tion should be paid. [ seal] James E. M arkham, The terms “national” and “ designated Alien Property Custodian. enemy country” as used herein shall have Any person, except a national of a the meanings prescribed in section 10 of designated enemy country, asserting any [F. R. Doc. 44-5610; Filed, April 20, 1944; said Executive order. claim arising as a result of this order 11:09 a. m.j Dated: April 12, 1944. may file with the Alien Property Cus­ .[ seal] James E. M arkham, todian a notice of his claim, together Alien Property Custodian. with a request for a hearing thereon, on Form APC-1, within one year from the [Vesting Order 3451] [F. R. Doc. 44-5611; Filed, April 20, 1944; date hereof, or within such further time 11:09 a. m.] Jo h n S cheel as may be allowed by the Alien Property Custodian. In re: Estate of John Scheel, deceased; File D-28-8391 ; E. T. sec. 9767. The terms “national” and “ designated enemy country” as used herein shall Under the authority of the Trading [Vesting Order 3452] with the Enemy Act, as amended, and have the meanings prescribed in sec­ tion 10 of said Executive order. Executive Order 9095, as amended, and F ritz R. T euter Dated: April 12, 1944. pursuant to law, the Alien Property Cus­ todian after investigation, In re: Mortgage Participation Certifi­ [ seal] James E. M arkham, cate #93687 in Mortgage F I195 (208556) Alien Property Custodian. Finding that— issued by the Title Guarantee and Trust (1) The property and interests hereinafter Company to Fritz R. Teuter; File D-28- [F ..R . Doc. 44-5612; Filed, April 20, 1044; described are property which is in the process 11:10 a. m.] of administration by Anna Gerlach, Admin­ 3694; E. T. sec. 6085. istratrix, acting under the judicial super­ Under the authority of the Trading vision of the Superior Court of the State with the Enemy Act, as amended, and of California, in and for- the County of Executive Order 9095, as amended, and Solano; pursuant to law, the Alien Property Cus­ Joseph Ehrlich and W sevolode G runt erg (2) Such property and interests are pay­ todian after investigation, able or deliverable to, or claimed by nationals NOTICE OF SUMMARY PROCEEDING FOR of a designated enemy country, Germany, Finding that— ALLOWANCE OF CLAIMS namely, (1) The property and interests hereinafter described are property which is in the process In the matter of the claims of Josef Nationals and Last Known Address of administration by Manufacturers Trust Ehrlich, APC-16 re Patent Application Gurgen Scheel, Germany. Company, 55 Broad Street, New York, N. Y., Serial No. 213,843, now Patent No. 2,- Rudolph Scheel, Germany. Trustee, «cting under the judicial supervision 315,111, vested by V. O. No. 94; and of the Supreme Court, Kings County, State of Wsevolode Grunberg, AFC-16 re Patent And determining that— New York; (3) If such nationals are persons not with­ (2) Such property and interests are pay­ Application Serial No. 322,289, vested by in a designated enemy country, the national able- or deliverable to, or claimed by, a na­ V. O. No. 1032. Interest of the United States requires that tional of a designated enemy country, Ger­ The Alien Property Custodian having such persons be treated as nationals of a many, namely, by the vesting orders above identified designated enemy country, Germany; and National and Last Known Address vested the above described property as Having made all determinations and taken property of nationals of a foreign coun­ all action, after appropriate consultation Fritz R. Teuter, Germany. try; and each claimant above identified and certification, required by said Executive And determining that— having filed a notice of claim alleging order or act or otherwise, and deeming It (3) If such national is a person not within that he is the owner of the property de­ necessary in the national interest, a designated enemy country, the national scribed in each notice of claim respec- • FEDERAL REGISTER, Saturday, April 22, 1944 4365 tively and that he is not a national of a any person asserting any objection to constitute an admission or an adjudica­ designated enemy country; and recom­ allowance of the claims shall on or before tion by the Office of Alien Property Cus­ mendation for allowance of each of said May 4,1944, file with the undersigned at todian as to the nature or validity of the claims haying been submitted: the above address an application for a claims. Notice is hereby given, pursuant to hearing accompanied by a statement of [ s e a l ] V ested P r o pe r t y C la im s § 501.1 (h) of the regulations of the Office the reasons therefor. C o m m it t e e , of Alien Property Custodian (8 F.R. The foregoing characterizations of the J o h n C. F itzgerald, 16709), that copies of the said vesting claims are for informational purposes Chairman. orders, claims and recommendations are only, and shall not be’ construed to con­ M ic h a e l F. K r e s k y . stitute an admission or an adjudication available for public inspection in Room N u g e n t D odds. 633, Office of Alien Property Custodian, by the Office of Alien Property Custodian National Press Building, 14th and P. as to the nature or validity of the claims. A pr il 19, 1944. Streets NW., Washington, D. C., and that [ s e a l ] V ested P r o per ty C la im s [F. R. Doc. 44-5615; Filed, April 20, 1944; any person asserting any objection to C o m m it t e e , 11:10 a. m.] allowance of the claims shall on or be­ J o h n C. F itzgerald, fore May 4, 1944, file with the under­ Chairman. signed at the above address an applica­ M ic h a e l F. K r e s k y . tion for a hearing accompanied by a N u g e n t D odds. A m e r ic a n D iagrid C orp., et a l . statement of the reasons therefor. A pr il 19, 1944. The foregoing characterizations of the NOTICE OF SUMMARY 'PROCEEDING FOR claims are for informational purposes [F. R. Doc. 44-5614; Filed, April 20, 1944; ALLOWANCE OF CLAIMS 11:10 a. m.] only, and shall not be construed to con­ In the matter of the claims of Ameri­ stitute an admission or an adjudication can Diagrid Corporation, APG-17 re Pat­ by the Office of Alien Property Custodian ent No. 2,104,443, vested by V. O. No. as to the nature or validity of the claims. 201; The Hoover Company, APC-17 re [ seal] V ested P r o per ty C laim s T h e A m er ican R o l l in g M il l C o ., et a l. Patent No. 1,976,800, vested by V. O. No. C o m m it t e e , NOTICE OF SUMMARY PROCEEDING FOR 112; Reynolds Metals Company, APC-17 J o h n C. F itzgerald, ALLOWANCE OF CLAIMS re Patent No. 2,162,094, vested by V. O. Chairman. No. 16; and U. S. Industrial Chemicals, M ic h a e l F. K r e s k y , In the matter of the claims of The Inc., APC-17 re Patent No. 1,659,958, N u g e n t D odds. American Rolling Mill Company, APC-17 vested by V. O. No. 666. A pril 19, 1944. re Patent No. 1,865,941 (now Reissue The Alien Property Custodian having Patent No. 19,406), vested by V. O. No. by the vesting orders above identified [F. R. Doc. 44-5613; Filed, April 20, 1944; 666; Aluminum Company of America, vested the above described property as 11:10 a. m.] APC-17 re Patent No; 1,932,873, vested by property of nationals of a foreign coun­ V. O. No. 1; The Dorr Company, Inc., try; and each claimant above identified APC-17 re Patent Application Serial No. having filed a notice of claim alleging ' N ie l s B. B a c h , et a l . 243,687, vested by V. O. No. 314; Lewis that it is the owner of the property de­ Larsen, Trustee, APC-17 re Patent No. scribed in each notice of claim respec­ NOTICE OF SUMMARY PROCEEDING FOR 1,978,024 (now Reissue Patent No. 20372), tively and that it is not a national of -a ALLOWANCE OF CLAIMS vested by V. O. No. 201; and United designated enemy country; and recom­ In the matter of the claims of Niels States Radium Corporation, APC-17 re mendation for allowance of each of said B. Bach, APC-16 re Patent Nos. 2,141,371 Patent No. 1,718,899, vested fty V. O. No. claims having been submitted: and 2,153,607, vested by V. O. No. 664; 201. Notice is hereby given, pursuant to Leon M. DeKanski, APC-16 re Patent No. The Alien Property Custodian having § 501.1 (h) of the regulations of the 2,309,171, vested by V. O. No. 721; Francis by the vesting orders above identified Office of Alien Property Custodian (8 F. Foldes, APC-16 re Patent Application vested the above described property as F.R. 16709), that copies of the said vest­ Serial No. 430,622, vested by-V. O. No. 94; property of nationals of a foreign ing orders, claims and recommendations Friedrich Nettel, APC-16 re Patent Appli­ country; and each claimant above are available for public inspection in cation Serial No. 330,801, vested by V. O. identified having filed a notice of claim Room 633, Office of Alien Property Cus­ No. 63; and Willem L. J. Spoor, APC-16 alleging that it is the owner of the prop­ todian, National Press Building, 14th re Patent Nos. 1,973,669 and 2,015,200, erty described in each notice of claim re­ and’ F Streets NW., Washington, D. C., vested by V. O. No. 671. spectively and that it is not a national and that any person asserting any ob­ The Alien Property Custodian having of a designated enemy country; and rec­ jection to allowance of the claims shall by the vesting orders above identified ommendation for allowance of each of on or before May 4, 1944, file with the vested the above described property as said claims having been submitted: undersigned at the above address an property of nationals of a foreign coun­ Notice is hereby given, pursuant to application for a hearing accompanied try; and each claimant above identified § 501.1 (h) of the regulations of the by a statement of the reasons therefor. having filed a notice of claim alleging that Office of Alien Property Custodian (8 F.R. The foregoing characterizations of the he is the owner of the property described 16709), that copies of the said vesting claims are for informational purposes in each notice of claim respectively and orders, claims and recommendations are only, and shall not be construed to con­ that he is not a national of a designated available for public inspection in Room stitute an admission or an adjudication enemy country; and recommendation for 633, Office of Alien Property Custodian, by the Office df Alien Property Custodian allowance of each of said claims having National Press Building, 14th and F as to the nature or validity of the claims. been submitted: ✓ Streets, N. W., Washington, D. C., and [ s e a l ] V ested P r o per ty C laim s Notice is hereby given, pursuant to* that any person asserting any objection C o m m it t e e , § 501.1 (h) of the regulations of the Office to allowance of the claims shall on or be­ J o h n C. F itzgerald, of Alien Property Custodian (8 F.R. fore May 4, 1944, file with the under­ Chairman. 16709), that copies of the said vesting or­ signed at the above address an applica­ M ic h a e l F. K r e s k y . ders, claims and recommendations are tion for a hearing accompanied by a N u g e n t D odds. available for public inspection in Room statement of the reasons therefor. A pril 19, 1944. 633, Office of Alien Property.Custodian, The foregoing characterizations of the National Press Building, 14th and F claims are for informational purposes [F. R. Doc. 44-5616; Filed, April 20, 1944; Streets NW., Washington, D. C., and that only, and shall not be construed to 11:10 a. m.] 4366 FEDERAL REGISTER, Saturday, Aprü 22, 1944

OFFICE OF PRICE ADMINISTRATION. DISTRICT NO. 1— Continued DISTRICT NO. 1— Continued [M PR 120, Order 702] Helen Furnace Coal Co., H ahne Bldg., Clarion, Union Coal Co., Du Bois, P a ., Jefferson County, P a., Clarion County, P a., #2 M ine, M ine Inpex Pa., Union 1 M ine, M ine I ndex N o. 5093, D (L ower S. J. Azzara, ET al. N o. 5076(Lower K ittanning), B Seam, Subdistrict Freeport) Seam, Subdistbict 6, Strip M ine 1, Strip M ine AUTHORIZATION OF MAXIMUM PRICES AND Size groups PRICE CLASSIFICATIONS Size groups Order No. 702 under Maximum Price 1 2 3 4 5 Regulation No. 120. Bituminous coal de­ 1 2 3 4 5 livered from mine or preparation plant. Price classifications__ F F F F F Order establishing maximum prices and Price classifications__ F F G HH Rail shipments______$3.35 $3.35 $3.35 $3.05 $3.05 Rail shipments...... $3.35 $3.35 $3.15 $2.85 $2.85 Truck shipments____ 3.60 3.35 8.35 Arte 3.15 price classifications. Truck shipments...... 3.60 3.35 8.35 -3.25 3.15 For the reasons set forth in an ac­ companying opinion, and in accordance V. W aroquier & Son, 131 W est 6th A ve., Clear­ with § 1340.210 (a) (fi) of Maximum Finberg Coal Co., Box 114, Philipsburg, P a., Clear­ field, Pa ., Clearfield County, Pa ., W aroquier field County, Pa., R obinson M ine, M ine I ndex f2 M ine, M ine Index N o. 5095, E Seam, Subdis­ Price Regulation No. 120, It is ordered: No. 5047, B Seam, Subdistrict 8, Strip M ine trict 7, Strip. M ine Producers identified herein operate named mines assigned the mine index Size groups Size groups numbers, the price classifications and the maximum prices, for the indicated uses 1 2 3 4 6 1 2 and shipments as set forth herein. All 3 4 5 are in District No. 1. The location of Price classifications___ D DDDD Price classifications___ FF FF F each mine is given by county and state. Rail shipments...... $3.60 $3.40 $3.35 $3.25 $3.25 Rail shipments...... $3.35 $3.35 $3.35 $3.05 $3.05 Each producer is subject to all provisions Truck shipments____ 3.70 8.45 3.45 3.35 3.25 Truck shipments...... 3.60 3.35 3.35 3.26 3.15 of Maximum Price Regulation No. 120.

DISTRICT NO. 1 Powell Coal Co. (Denzil G. Powell), H outzdale, Prices for railroad locomotive fuel from all minesj^ Pa., Centre County, Pa ., #1 Strip M ine, M ine eluded in this order, are as follows: .. ^ S. J. A zzara, 233 Park A ve., Cresson, Pa ., Cam» Index No. 5028, C Seam, Subdistrict 9, Strip M ine bria County, Pa ., S. J. A zzara N o. 8 Mine, M ine I ndex N o. 5071, Upper K ittanning C' Seam, Sub­ Size group district 31, Strip M ine Size groups HHH gÊ0^ 1 2 3 4 5 Size groups 1 2 3 4 Locomotive fuel____ I $3.20 $3.20 $3.05 $2.95 $2.95 1 2 3 4 5 Price classifications__ FF r F Rail shipments______$3.35 $3.35j $3.fr $3.05 $3.05 Truck shipments___ ;. 3.60 3.35 8.35 3.25 3.15 Price classification___ C O O G O This order shall become effective April $3.70 $3.65 $3.45 $3.30 $3.30 20, 1944. Truck shipments__ ._ 8.75 8.60 8.50, 3.40 3.30 Sanders & Frey, c/o Edward T. K elly, Court H ouse A nnex, Clearfield, Pa ., Clearfield (56 Stat. 23, 765; Pub. Law 151, 78th Beechnut Coal Co., 1118 Graham A ve., W indber- County, Pa ., Sanders & Frey D Seam M ine, Cong.; E.O. 9250, 7 F.R. 7071; E.O. 9326, Pa., Somerset County, Pa ., Beechnut Coal Co., M ine Index N o. 5091, D Seam, Subdistrict 8, Strip 8 F.R. 4681) No. 1 M ine, M ine I ndex N o. 6027, B Seam, Sub­ M ine district 33, Strip M ine Issued this 19th day of April 1944. Size groups C hester B o w l e s , Size groups Administrator. 1 2 3 4 6 1 2 8 4 5 [F. R. Doc. 44-5568; Filed, April 19, 1944; 11:48 a. m.j Price classifications__ EEE E E Price classification___ A AA A O Rail shipments______$3.55 $3.35 $3.35 $3.15 $3.15 Rail shipments______$3.85 $3.70 $3.60 $3.45 $3.30 Truck shipments.-___ 3.65 3.40 3.40 8.30 8.20 Truck shipments____ 3.85 3.60 3.60 3.60 3.30 [M P R .20, Order 703]

Sanders & Frey, c/o Edward T. K elly, Court Coal River Collieries Inc., 723 H anna Bldg., Se x t o n and B l a n k e n s h ip C oal C o ., et al. ouse nnex learfield a learfield Cleveland, Ohio, Clarion County, Pa., ' Blue H A , C , P ., C County, Pa., Sanders & Frey E Seam M ine, M ine Castle #1 Mine, Mine Index N o. 6079, L ower AUTHORIZATION OF MAXIMUM PRICES AND Index N o. 5092, E Beam, Subdistrict 8, Strip M ine K ittanning (B Seam), Subdistrict 4, Strip M ine PRICE CLASSIFICATIONS

Size groups Size groups Order No. 703 under Maximum Price Regulation No. 120. Bituminous coal delivered from mine or preparation 1 3 4 5 1 2 3 4 5 ,2 plant. Order establishing maximum prices and price Classifications. Price classification G G GH H Price classifications— EE EE E Rail shipments______$3.30 $3.30 $3.15 $2.85 $2.85 Rail shipments______$3.55. $3.35 $3.35 $3.15 $3.15 For the reasons set forth in an accom­ Truck shipments____ 8.55 3.30 3.30 3.15 3.05 Truck shipments------$3.65 3.40 3.40 3.30 3.20 panying opinion, and in accordance with § 1340.210 (a) (6) of Maximum Price Regulation No. 120, It is ordered: H elen F urnace Coal Co., Hahne Bldg., Clarion, Union Coal Co., Du Bois, Pa ., Jefferson County. Pa ., Clarion C ounty, Pa., #1 M ine, M ine Index PA., Union #2 Mine, Mine I ndex N o. 5094, V Producers identified herein operate N o. 5075, A' (Clarion) Seam, Subdistrict 1, Strip (Upper Kittanning) Seam, Subdistrict 6, Stbip named mines assigned the mine index M ine M ine numbers, the price classifications and Size groups Size groups the maximum prices, for the indicated uses and shipments as set forth herein. I 2 8 4 5 1 2 8 4 6 All are in District No. 8. The location of each mine is given by county and Price classification.... G G GG G Price classifications__ FFFFF state. Each producer is subject to all Rail shipments...... $3.30 $8.80 $3.15 $3.05 $3.05 Rail shipments______$3.35 $3.35 $3.35 $3.05 $3.05 provisions of Maximum Price Regula­ Truck shipments------3.55 3.30 3.30 8.20 3.10 Truck shipments___ _ 3.60 3.35 3.85 3.25 3.15 tion No. 120. Sexton & Blankenship-Coal C o., Hitchins, K y., Carter County, K y ., L ost Creek M ine, Freight Origin Finley R ose Coal Company (A ustin. Rose), M anchester, K y ., Clay County, K y ., Finley & R ose M ine, Group N o. 61, No. 7 Seam, M ine Index N o. 5309, Subdistrict N o. 1, D rift M ine, R ail Shipping Point, Freight Origin.Group N o. Ill, H orse Creek Seam, M ine I ndex N o. 7090, Subdistrict N o. 6 Drift Mine, Hitchins, K y., R ail Shipping Point, M anchester, K y .

Size group Nos. Size group Nos.

1 2 3 4 5 6 7 8 9 10 15 16 17 18 19 20 21 1 2 3 4 5 6 7 8 9 10 15 16 17 18 19 20 21

Price classification.. MM M MKK JG EGF FF LL LL Price classification.. MM MMKK 3 GEGD D D K K K K Rail shipment and Rail shipment and railroad fuel...... $3.50 $3.50 $3.45 $3.45 $3.45 $3.35 $3.15 $3.10 $3.10 $3.45 $2.95 $2.95 $2.95 $2.85 $2.80 $2.80 $2.80 railroad fuel_____ $3.65 $3.65 $3.60 $3.60 $3.60 $3.50 $3.30 $3.25 $3.25 $3.60 $3.15 $3.15 $3.15 $3.00 $2.95 $2.95 $2.95 Truck shipment.... 3.70 3.50 3.15 3.25 3.10 2.80 2.30 2.25 Truck shipment___ 8.70 3.50 3.25 3.25 3.10 2.90 2.35 2.30

M oore & Spicer, Which, K y ., Breathitt County, K y ., Georges Branch M ine, Freight Origin Group N o. 100, M iller-Gilley Coal Company, T ip T op, K y ., M acoffin County, K y ., M illeb-Oilley M ine, Freight Origin H azard N o. 4—Rider Seam & Cannel, M ine Index N o. 4197, Subdistrict N o. 3, Drift M ine, R ail Shipping Group N o. 61, Hindman Seam, M ine Index N o. 7087, Subdistrict N o. 1, Drift M ine, R ail Shipping P oint, Point, Whick, K y. , T ip T op, K y.

Size Group Nos. , R E T IS G E R L A R E D E F Size group Nos. 1 2 3 4 5 6 7 8 9 10 15 16 17 18 19 20 21 1 2 3 4 5 6 7 8 9 10 15 16 17 18 19 20 21 Price classification.. O OOON N M K H KFFFMM M M Price classification.. ' M M MMMML J GJD D DLLLL Rail shipments____ $3.45 $3.40 $3.25 $3.25 $3.20 $3.15 $3.10 $2.95 $2.95 $3.40 $2.95 $2.95 $2.'95$2.65 $2.60 $2.55 $2.55 Rail shipment_____ $3.50 $3.50 $3.45 $3.45 $3.20 $3.15 $3.10 $3.00 $3.00 $3.40$3.00 $3.00 $3.00 $2.85 $2.'80$2.80$2.80 Railroad fuel...... 3.45 3.40 3.25 3.25 3.20 3.15 3.10 3.10 3.10 3.40 2.95 2.95 2.95 2.65 2.60 2.56 2.55 Railroad fuel...... 3.50 3.50 3.45 3.45 3.20 3.15 3.10 3.10 3.10 3.40 3.00 3.00 3.00 2.85 2.80 2.80 2.80 Truck shipments... 3.70 3.50 3.15 3.10 2.95 2.80 2.25 2.20 ...... — Truck shipment___ 3.70 3.50 3.15 3.25 3.10 2.80 2.30 2.25 ...... — — Cannel Coal Rail, truck or wagon shipments: L loyd W ilson, K eno, K y ., P ulaski County, K y ., K eno N o. 1 M ine, Freight Origin Group N o. 171, No. 2 Lump______$4.35 Seam, M ine I ndex No. 3358, SubD istrict N o. 6, Underground M ine, Rail Shipping P oint,. Sloans Valley, Egg...... — 3.85 K y. Chips...... __ 3.35 Machine cuttings______2.35

v Size group Nos. M illstone Coal Company, C/Ö L ogan M usic, Seco, K y ., L etcher County, K y ., M illstone M ine, Freight Origin Group N o. 62, Elkhorn Seam, M ine Index No. 7089, Subdistrict N o. 1, Underground M ine,

R ail Shipping Point, K ona, K y . 1944 22, ril p A Saturday, 1 2 3 4 5 6 7 8 9 10 15 16 17 18 19 20 21 Size group Nos. Priee classification „ MMMM K K J *G EGDDD KKKK Rail shipment and raüroad fuel...... $3.65 $3.65 $3.60 $3.60 $3.60 $3.50 $3.30 $3.25 $3.25 $3.60 $3.15 $3.15 $3.15 $3.00 $2.95 $2.95 $2.95 1 * 3 4 5 6 7 8 9 10 15 16 17 18 19 20 21 Truck shipment.... 3.70 3.50 3.25 3.25 3.10 2.90 2.35 2.30 Price classification.. K KKKK K JGEGDDD 3 J J ' J Rail shipment and Cadle M ining Co. (Charles Cadle), I nsull, K t ., Bell County, K y ., Cadle M ine, F reight Origin Group railroad fuel_____ $3.65 $3.60 $3.50 $3.50 $3.45 $3.35 $3.15 $3.10 $3.10 $3.45 $3.00 $3.00 $3.00 $2.95 $2.85 $2.80 $2.80 80, M ason Seam, M ine I ndex N o. 7053, Subdistrict N o. 6 D ri^t M ine Truck shipment___ 3.80 3.60 3.25 3.25 3.10 2.90 2.40 2.35

Size group Nos. Diamond Elkhorn Coal Go., Garrett, K y ., Floyd County, K y ., Diamond Elkhorn M ine, F reight Origin Group N o. 61, Elkhorn N o. 1 Seam, M ine I ndex N o. 7086, Subdist. N o. 1, D rift Mine, R ail Shipping P oint, Bosco, K y. 1 2 3 4 5 6 7 8 9 10 15 16 17 18 19 20 21

Size group Nos. 4367 Priee classification.. RR R R MMLK JE G G GO OO O Rail shipment...... $3.45 $3.40 $3.35$3.35 $3.35 $3.30 $3.25 $3.10 $3.05 $3,85 $3.10 $3.10 $3.10$2.80 $2.75 $2.70 $2.70 Railroad fuel...... 3.45 3.40 3.35 3.35 3.35 3.30 3.25 3.10 3.10 3785 3.10 3.10 3.10 2.80 2.75 2.70 2.70 1 2 '3 4 5 6 7 8 9 10 1516 17 18 19 20 21 Truck shipment___ 3.60 3.40 3.20 3 .2 5 3.10 2.85 2.25 2.20

Price classification.. H H H H H H G E OEOO CHHH H Rail shipments and H arvey Bishop, Grahn, K y ., Carter County, K y., L ittle W ren N o. 1 M ine, N o. 7 Seam, M ine I ndex 7052, raUroad.fuel_____ $3.80 $3.75 $3.60 $3.60 $3.45 $3.35 $3.15 $3.15 $3.15 $3.70 $3.00$3.00 $3.00 $2.95 $2.85 $2.80$2.80 Subdistbict No. 1, D rift M ine Truck shipment___ 3.90 3.70 ' 3.30 3.35 3.20 2.95 2.45 2.40

Size group Nos. This order shall become effective April 20, 1944. (56 Stat. 23, 765; Pub. Law 151, 78th Cong.; E.O. 9250, 7 F-R. 7871; E.O. 9326, 8 1 2 3 4 6 6 7 8 F.R. 4681)

Truck shipments______$3.70 $3.50 $3.15 $3.25 $3.10 $2.80 $3-30 $2.25 Issued this 19th day of April 1944. C h ester B o w l e s , Administrator. [F. R. Doc. 44-5569; Filed, April 19,1944; 11:48 a. m.] 4368 FEDERAL REGISTER, Saturday, April 22, 1944

[RMPR 122, Arndt. 8 to Rev. Order 47] (a) Stiglitz Furnace and Foundry delivered from mine or preparation plant. V ir g in ia A n th r ac ite Company, Louisville, Kentucky, may sell Order establishing maximum prices and and deliver the following new »models of price classifications. AUTHORIZATION OF MAXIMUM PRICES magazine type coal heaters which it man­ For the reasons set forth in an ac­ Amendment No. 8 to Revised Order ufactures, to wholesale distributors, at companying opinion, and in accordance No. 47 under Revised Maximum Price prices no higher than the following: with§ 1340.210 (a) (6) of Maximum Price Regulation No. 122. Solid fuels sold and Maximum Regulation No. 120, It is ordered: delivered by dealers. Model No. and brand: price per unit Producers identified herein operate For the reasons set forth in an opinion 616, Kentucky Delight______.____ $18.50 named mines assigned the mine index issued herewith and in accordance with 618, Kentucky Delight______.___ 21.20 numbers, the price classifications and the § 1340.259 (a) (1) of Revised Maximum 4421, Warm Aire______32. 50 maximum prices, for the indicated uses Price Regulation No. 122, I t is ordered, These prices are f. o. b. factory, Louisville,. and shipments as set forth herein. All That Revised Order No. 47 be amended Kentucky, and are subject to discounts, are in District No. 1. The location of in the following respects: allowances, and terms no less favorable each mine is given by county and state. 1. The table of prices for Virginia than those in effect with respect to the Each producer is subject to all provisions anthracite in paragraph (c) is amended comparable Model No. V-618 Warm Aire of Maximum Price Regulation No. 120. to read as follows: coal heater. R yan Bros., I nc., Clearfield, Pa ., Buck Run #1 (b) Any wholesale distributor may sell M ine, “ D” Seam, M ine Index N o. 5102, Clear­ (c) Direct delivery. field County, P a., Sub-District N o. 7, Rail Ship­ and deliver to dealers the following new ping P oint, Faunce, Pa., Strip M ine models of magazine type coal heaters Per ton Per y¿ ton manufactured by the Stiglitz Furnace Size group numbers and Foundry Company at prices no Virginia anthracite Gross Net Gross Net 2,240 2,000 1,120 1,000 higher than the following: 1 2 8 4 5 lbs. lbs. lbs. lbs. Maximum price per Model No. and brand: unit Price classification____ F F FF F Rail shipment....,____ $3.35 $3. 35 $3.35 $3.05 $3.05 Egg, stove, nut...... $11.55 $10/32 $6.30 $5.66 616, Kentucky Delight______$24.40 Pea...... 9.75 8.71 6.40 4.86 Truck shipment______3.60 3.35 3.35 3.25 3.15 No. 1 Buckwheat___ 8.15 7.28 4.60 4.14 618, Kentucky Delight______27.70 R. R. locomotive fuel . 3.20 3.20 3.05 2.95 2.95 4421, Warm Aire______43.10

These prices are f. o. b. distributors’ cities. R yan Bros., Inc., Clearfield, Pa ., Buck Run #2 2. The table of prices for Virginia an­ M ine, “ E” Seam, M ine Index N o. 5103, Clear­ thracite in paragraph (d) is amended to (c) Any person may sell and deliver at field County, P a., Sub-District N o. 7, R ail Ship­ read as follows: retail the following new models of maga­ ping P oint, Faunce, P a ., Strip M ine zine type coal heaters manufactured by (d) Yard sales. Stiglitz Furnace and Foundry Company .J3ize group numbers at prices no higher than the following: Consumer prices Dealer prices Maximum 1 2 8 4- 5 Virginia anthra­ price per cite Gross Net , Per Gross Net Model No. and brand: unit Brice classification...... F F F FF 2,240 2,000 100 2,240 2,000 616, Kentucky Delight______$39.50 Rail shipment...... $3.36 $3.35 $3.35 $3.05 $3.05 lbs. lbs. lbs. lbs. lbs. 618, Kentucky Delight______'______44.50 Truck shipment...... 3.60 3. 35 3.35 3.25 3.15 4421, Warm Aire..______69.50 R. R. locomotive fuel.. 3.20 3.20 3.05 2.95 2.95 $9.42 Egg, stove, nut__ $10.55 $0.76 $9.05 $8.08 (d) At the time of or prior to the first Pea...... 8.75 7.82 .68 7.40 6.61 St. Clair Coal Company, Bolivar, P a., St. Clair 5.86No. 1 Buckwheat.. 7.16 6.39 6.00 5.86No. invoice to each purchaser for resale, “ D” Seam M ine, "D ” Seam, M ine I ndex N o. 5024, Stiglitz Furnace and Foundry Company Indiana County, Pa., Sub-District N o. 28, Rail Shipping Point, Bolivar, Pa ., Drift M ine This amendment to Revised Order No. shall notify thé purchaser of the max­ imum prices and conditions set by this 47 shall become effective as of April 12, Size group numbers 1944. order for resale by the purchaser. This notice shall be given in any convenient (56 Stat. 23, 765; Pub. Law 15J, 78th form. In addition, Stiglitz Furnace and 1 2 3 4 5 Cong.; E.O. 9250, 7 FR . 7871; E.O. 9328, Foundry Company shall, before deliver­ 8 F.R. 4681) ing any magazine type coal heater for Price classification____ FFF FF Rail shipment______$3. 35 $3.35 $3.35 $3.05 $3.05 Issued this 19th day of April 1944. which maximum prices are . established Truck shipment_____ 3.60 3.35 3.35 3.25 3.15 in this order, attach securely to each coal R. R. locomotive fuel.. 3.20 3.20 3.05 2.95 2.95 C h ester B o w l e s , heater a tag or label which plainly states Administrator. the maximum retail selling price estab­ W. A. Hill, 701 M ain St., R ey noldsville, Pa., [P. D. Doc. 44-5567; Piled, April 19, 1044; lished by this order for the particular M ack Smith M ine, Upper K ittanning (C') Seam, M ine I ndex N o. 5083, Jefferson County, Pa., 11:47 a. m.] model. This tag or label shall be at­ Sub-District N o. 6, Rail Shipping Point, Falls tached to the front of the heater. Creek, Pa ., Strip M ine (e) The maximum prices established [MPR 64, Order 188] by this order are for sales and deliveries Size group numbers in the 48 States and the District of S t ig lit z F urnace and F o u n d r y C o . Columbia. 1 2 3 4 5 APPROVAL OF MAXIMUM PRICES (f) This Order No. 138 may be revoked or amended by the Price Administrator’ Price classification...... FF F F F Order No. 138 under Maximum Price at any time. Rail shipment...... $3.35 $3.35 $3.35 $3.05 $3.05 Regulation No. 64. Domestic cooking and Truck shipment...... 3.60 3.35 3.35 3.25 3.15 This Order No. 138 shall become effec­ R. R. locomotive fuel_. 3.20 3.20 8.05 2.95 2.95 heating stoves. Approval of maximum tive on the 21st day of April 1944. prices for sales of three new models of Issued this 20th day of April 1944. magazine coal heaters manufactured by F. K. & G. M ining and Stripping Company, Box 35, C h ester B o w l e s , Glen Campbell, P a., F. K. & G. Mine, C' Seam, the Stiglitz Furnace and Foundry Com­ Administrator. M ine I ndex N o. 5052, I ndiana County, Pa., Sub- pany. District N o. 12, Rail Shipping P oint, Glen Camp­ bell, Pa ., Strip M ine ■ For the reasons set forth in an opinion [P. R. Doc. 44-5641; Piled, April 20, 1944; issued simultaneously herewith and filed 12:06 p. m.j with the Division of the Federal Register Size group numbers and pursuant to the authority vested in the Price Administrator by the Emer­ [M PR 120, Order 705] , 2- 2 3 4 5 gency Price Control Act of 1942, as R y a n B ros., I n c ., et a l . amended, Executive Order Nos. 9250 and Price classifications___ GG G G G ESTABLISHMENT OF MAXIMUM PRICES Rail shipment...... $3.30 $3.30 $3.15 $3.06 $3.05 9328, and in accordance with sections 7 Truck shipment...... 3.55 3.30 3.30 3.20 3.10 and 11 of Maximum Price Regulation No. Order No. 705 under Maximum Price R. R. locomotive fuel-. 3.20 3.20 3.05 2.95 2.95 64, It is ordered: Regulation No. 120. Bituminous coal FEDERAL REGISTER, Saturday, April 22, 1944 4369

Denise CoalCompany, 830 Grant Bldg, Pittsburgh, For the reasons set forth in an ac­ numbers, the price classifications and the Pa., Denise M ine, D Seam, M ine I ndex N o. 5084, Somerset County, Pa ., Sub-District N o. 37, Rail companying opinion, and in accordance maximum prices, for the indicated uses Shipping Point, D ovey, Pa ., Strip M ine with § 1340.210 (a) (6) of Maximum and shipments as set forth herein. All are in District No. 8. The location of Price Regulation No. 120: It is ordered: Size group numbers each mine is given by county and state. Producers identified herein operate Each producer is subject to all provisions named mines assigned the mine index of Maximum Price Regulation No. 120. 1 2 3 4 5 P orter Elkhorn Coal Co., Allen, K y ., P orter #7 M ine, Elkhorn #1 Seam, M ine I ndex N o. 7014 Floyd Price classifications___ B BB BC County, K y., Sub-District N o. 1, Rail Shipping P oints: Salisb ury, K y ., F. O. G. 61, Drift M ine Rail shipment...... $3.80 $3.70 $3.50 $3.40 $3.30 3.55 3.55 3.45 3.30 Truck shipment-...... 3.80 Size group numbers R. R. locomotive fuel „ 3.20 3.20 3.05 2.95 2.95

1 , 2 3 4 5 6 7 8 9 10 15 16 17 18 19 20 21 Eleanora Coal Company, P. O. Box 44, P unxsu- tawney, Pa ., L orenzo N o. 4 M ine, Upper Free­ port (E) Seam, Mine Index N o. 5025, Jefferson Price classification.. H H H HHHG E OEC- CCGGG G County, Pa., Sub-District N o. 6, Rail Shipping Rail shipments and Point, Smicksburg, Pa ., Strip M ine R. R. fuel...... $3.80 $3.75 $3.60 $3.60 $3.45 $3. 35$3.15 $3.15 $3.15 $3.70 $3.00 $3.00$3.00 $2.95 $2.85$2.80 $2.80 Truck shipment___ 3.90 3.70 3.30 3.35 3.20 2.95 2.50 2.45 Size group numbers P orter Elkhorn Coal Co., Allen, K y ., P orter #8 M ine, Elkhorn #1 Seam, M ine I ndex N o. 7062. Floyd 1 2 3 4 5 County, K y ., Sub-District N o. 1, R ail Shipping P oint: Salisbury, K y ., F. O. G. 61, Drift M ine

Price classifications___ G G GG G Size group numbers Rail shipment______$3.30 $3.30 $3.15 $3.05 $3.05 3.55 3.30 3.30 3.20 3.10 Truck shipment------1 2 3 4 5 6 7 R. R. locomotive fuel.. 3.20 3.20 3.05 2.95 2.95 8 9 10 15 16 17 18 19 20 21

Price classification.. H H HH H H G E CE CC CG GG G Eleanora Coal Company, P. O. Box 44, P unxsu- Rail shipments and «e tawney. Pa., L orenzo N o. 5 M ine, L ower Free­ R. R. fuel...... $3.80 $3. 75 $3.60$3.60 $3.45$3.35 $3.15$3.15 $3.15 $3.70 $3.00 $3.00 $3.00 $2.95 00 $2.80 $2.80 port (D) Seam, Mine I ndex N o. 5070, Jefferson Truck shipment___ 3.90 3.70 3.30 3.35 3.20 2.95 2.50 2.45 County, Pa., Sub-District N o. 6, Rail Shipping Point, Walston, Pa ., Strip M ine P orter Elkhorn Coal Co., A llen K y ., Porter #9 M ine, Elkhorn #1 Seam M ine I ndex N o. 7063, Floyd Size group numbers County, K y., Sub-District N o. 1, Rail Shipping P oint: Salisbury, K y., F. O, G. 61, Drift M ine

1 2 3 4 5 Size group numbers

Price classification____ EE EE E 1 2 3 4 5 6 7 8 9 10 15 16 17 18 19 20 21 Rail shipment...... $3.55 $3.35 $3.15 $3.15 Truck shipment - -...... 3.65 3.40 3.30 3.20 3.20 *3.05 2.95 2.95 Price classification.. HHHHHH GEC ECCC G GG G R. R. locomotive fuel.. Rail shipments and railroad fuel...... $3.80 $3.75 $3.60 $3.60 $3.45 $3.35 $3.15 $3.15 $3.15 $3.70$3.00 $3.00 $3.00$2.95 $2.85 $2.80 $2.80 Truck shipment.... 3.90 3.70 3.30 3.35 3.20 2.95 2.50 2.45 Dunlo Coal Company, Solomon Bldg., 1300 Graham Ave., Windber, Pa , T roy #5 M ine, B Seam, M ine Index N o. 5074, Cambria County, Pa ., Sub-Dis­ trict No. 33, Rail Shipping Point, Dunlo & Bea- A corn Coal Co., I nc., Acorn, K y ., Acorn #2 M ine, No. 3 Seam, M ine I ndex N o. 7064, Pulaski County, K y. yerdale, Pa., Strip M ine Sub-District N o. 6, R ail Shipping P oint: Somerset, K y ., F. O. G. 171, Drift M ine

Size group numbers Size group numbers

1 2 3 4 5 1 2 3 4 5 6 7 8 9 10 15 16 17 18 19 20 21 •

Price classification____ A A AA C Price classification.- MMMMKK J G E G DDDK KK K Rail shipment...... $3.85 $3.70 $3.60 $3.45 $3.30 R ail shipments and Truck shipment...... 3.85 3.60 3.60 3.50 3.30 R. R. fuel______$3.65 $3.65 $3.60$3.60 $3.60 $3.50 $3.30 $3.25 $3.25 $3.60$3.15 $3.15 $3.15 $3.00 $2.95 $2.95 $2.95 R. R. locomotive fuel.. 3.20 3.20 3.05 2.95 2.95 Truck shipment___ 3.70 3.50 3.25 3.25 3.10 2.90 2.35 2.30

This order shall become effective Bransford Fuel Co., 1104 Stahlman Bldg., N ashville, T enn., Ripple Stripper M ine, Bon A ir #2 Seam, April 21, 1944. M ine Index N o. 7099, Fentress County, T enn., Sub-District N o. 6, Rail Shipping P oint: Highland Jct., T enn., F. O. G. 210, Strip M ine (56 Stat. 23, 765; Pub. Law 151, 78th Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9326, Size group numbers 8 F.R. 4681) Issued this 20th day of April 1944. 1 2 3 4 5 6 7 8 9 10 15 16 17 18 19 20 21 C hester B o w l e s , Administrator. Price classification.. P P PP MM L K J MG GGOOO O Rail shipments and $3.45 $3.40 $3.35 $3.35 $3.35 $3.30 $3.25 $3.10 $3.05 $3. 55$3.10 $3.10$3.10 $2.80 $2.75 $2.70 $2.70 [F. R. Doc. 44-5643; Filed, April 20, 1944; railroad fuel...... 3.45 3.40 3.35 3.35 3.35 3.30 3.25 3.10 3.10 3.55 3.10 3.10 3.10 2.80 2.75 2.70 2.70 2.75 2.15 2.16 12:04 p. m.j Truck shipment___ 3.55 3.35 3.10 3.15 2.90

Highland Construction Co., 644 Baxter A ve., L ouisville (4), K y ., Highland Construction Co. M ine, Horse Creek Seam, M ine Index N o. 7073, L aurel County, K y., Sub-District N o. 6, F. O. G. Ill, Strip M ine [MPR 120, Order 706]

P orter E l k h o r n C oal C o ., et a l. Size group numbers ESTABLISHMENT OF MAXIMUM PRICES 1 2 3 4 5 6 7 8 9 10 lf 16 17 18 19 20 2i Order No. 706 under Maximum Price Regulation No. 120. Bituminous coal de­ Price classification.. MMMM K K J GE G D DDKKK K livered from mine or preparation plant. Rail shipments and R. R. ïuel______$3.65 $3.65 $3.60 $3.60 $3.60 $3.50 $3.30 $3.25 $3.25 $3.60 $3.15 $3.15$3.15$3.00 $2.95$2.95 $2.95 Order establishing maximum prices and Truck shipment___ 3.70 3.50 3.25 3.25 3.10 2.90 2.35 2.30 price classifications. 4370 FEDERAL REGISTER, Saturday, April 22, 1944

J.R Chumley & J. T. Poore, T azewell, T enn., Old Higi^ ite M ine, Poelab L ick Seam, M ine Index N o. 7060, [MPR 188, Amdt. 32 to Order A -l) Bell County, K y . , Sub-District N o. 6, R ail Shipping P oint: K elos, K y ., F. O. G. 113, D bipt M ine E xtra S tr e n g th V itr if ie d C l a y S ewer Size group numbers P ip e

MAXIMUM PRICES IN EASTERN AREA 1 2 3 4 5 6 7 8 9 10 15 16 17 18 19 20 21 Amendment No. 32 to brder No. A -l Price classification-. HHHH F FE D C E DDD KK KK under § 1499.159b of Maximum Price Rail shipments and R. R. fuel______$3.95$3.90 $3.75$3.75 $3.70 $3.55$3.35 $3.35 $3.30 $3.85 $3.15$3.15 $3.15 $3.00 $2.95 $2.95 $2.95 Regulation No. 188. Manufacturers’ Truck shipment___ 3.90 3.70 3.25 3.45 3.20 2.90 2.25 2.20 maximum prices for specified building materials and consumers’ goods other M ahan-Cheely Coal Co., 1501 Hamilton Bank Bldg., K noxville, T enn., M ahan-Cheely # 1, Dean Seam, than apparel. M ine I ndex N o. 7097, M organ County, T ennessee, Sub-District #6, R ail Shipping Point: M ahan, T enn, An opinion accompanying this amend­ F. O. G. 70, D rift M ine. ment, issued simultaneously herewith, has been filed with the Division of the Size group numbers Federal Register. Paragraph (a) (27) is added to Order 1 2 3 4 5 6 7 8 9 10 15 16 17 18 19 20 21 No. A -l to read as set forth below: (27) Modification of maximum prices Price classification.. R R R R M M L K J M G G G O O, O O for extra strength vitrified clay sewer Rail shipment____ $3.45 $3.40 $3.35 $3.35 $3.35 $3.30 $3.25 $3.10 $3.05 $3.55 $3.10 $3.10 $3.10 $2.80 $2.75 $2.70 $2.70 3.45 3.40 3.35 3.35 ,3.35 3.30 3.25 3.10 3.10 3.55 3.10 3.10 3.10 2.80 2.75 2.70 2.70 pipe produced in the Eastern Area, (i) Truck shipment___ 3.45 3.25 3.10 3.15 2.90 2.75 2.15 2.10 On and after April 26, 1944, any manu­ facturer located within the Eastern Area, M ahan-C heely Coal Company, 1501 Hamilton Bank Bldg., K noxville, T enn., M ahan Cheely #2 M ine» "as defined herein, producing “extra Glen M ary Seam, M ine I ndex NO.T098, M organ County, T enn., Sub-District N o. 6, R ail Shipping strength vitrified clay sewer pipe,” may Point: R ock Creek, T enn., F. O. G. #70, Strip M ine increase his maximum f. o. b. factory prices established for such products by Size group numbers Maximum Price Regulation No. 188 by an amount not in excess of 10 percent per 1 2 3 4 5 6 7 8 9 10 15 16 17 \l8 19 20 21 short ton. (ii) Tl)e maximum prices fixed herein Price classification— O O OO HH GGE G C C O K K K K shall be subject to at least the same ex­ Rail shipments and and R. R. fuel— $3.60 $3.55 $3.40$3.40 $3.60 $3.50$3.30 $3.,25$3.25 $3.60 $3.15 $3.15 $3.15 $2£95$2.95$2.95 $2.95 tension of cash, quantity and other dis­ Truck shipments... 3.60 3.40 3.30 3.35 3.10 2.95 2.25 2.20 counts and allowances as the seller ex­ ' tended or rendered on comparable sales Christian Coal Company, c/o A rthur Christian, R. F. D. #1 M iddlesboro, K y ., Christian M ine, Jack Rock to purchasers of the same class during Seam, M ine Index N o. 7066, Bell County, K y ., Sub-District N o. 6, R ail Shipping Point: K elos, K y., F. O. G. the month of March 1942. 113, Drift M ine (iii) Definitions. When used in this Sizè group numbers amendment the term: (a) “Eastern Area” means the States 1 2 3 4 5 6 7 8 9 10 15 16 17 18 19 20 21 of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecti­ Price classification.. HH H H FFE E CED DDK KK K cut, New York, New Jersey, Pennsyl­ Rail shipments and R. R. fuel______$3.95 $3.90 $3.75 $3.75 $3.70 $3.55 $3.35 $3.30 $3.30 $3.85 $3.15$3.15 $3.15 $3.00! $2.95 $2.95$2.95 vania, Delaware, Maryland, District of Truck shipments... 3.90 3.70 3.25 3.45 3.20 2.90 2.35 2.30 Columbia, Virginia, West Virginia, Ohio, lower peninsula of Michigan, and that

Big Creek Winifrede Coal Company, 2903 Grant Bldg., Pittsburgh, Pa., Big Creek T aylor Seam M ine’ part of Kentucky described as follows: T aylor Seam, M ine Index N o. 7043, M artin County, K y., Sub-District N o. 8, R ail Shipping P oint, N olan AH points in Campbell and Kenton Coun­ W. V a., F. O. G. 130, Deep M ine ties and points located on the Chesa­ peake and Ohio Railway from Covington Size group numbers to Catlettsburg, inclusive, and all points on the Big Sandy Division of the Chesa­ 1 2 3 4 5 6 7 8 9 10 15 16 17 18 19 20 21 peake and Ohio-Railway. (b) “Extra strength vitrified clay Price classification.. GGG G G G FGEG FFF M M M M Rail shipments and sewer pipe” means a vitrified clay sewer R. R. fuel...... $3.85$3.75 $3.60$3.60$3.45$3.35 $3.20 $3.10 $3.10$3.45 $2.95 $2.95 $2.95$2.65 $2.60 $2.55 $2.65 Truck shipments... 3.95 3.75 3.15 3.40 3.10 2.80 2.25 2.20 pipe complying with the specifications set forth in War Production Board Order L-316, as amended. Prior to the issuance K imberling Collieries Company, 150 E. Broad St., Columbus, Ohio, K imberling Alma M ine, Alma Seam, of War Production Board Order L-316 M ine Index N o. 7072, M ingo County, W. Va ., Sub-District N o. 8, R ail Shipping P oint: K imberling, W. Va. , F. O. G. 150, D eep M ine a similar product was known to the trade in the Eastern Area as triple Size group numbers strength pipe. This paragraph (a) (27) may be re­ 1 2 3 4 6 6 7 8 9 10 * 15 16 17 18 19 20 21 voked or amended at any time. Price classification-. OOOO L L KGEGBB B CC OO This Amendment No. 32 shall become Rail shipments and effective April 26, 1944. R. R. fuel._____ $3. 45$3.40 $3.25 $3.25 $3.20 $3.20 $3.10 $3.10$3.10 $3.45$3.05 $3.05 $3.05$3.00 $3.00 $3.00 $3.00 Truck shipments... 3.60 3.40 3.35 3.20 3.10 3.00 2.75 2.65 (56 Stat. 23, 765; Pub. Law 151, 78th Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, This order shall become effective April 21,1944. 8 F.R. 4681) (56 Stat. 23, 765; Pub. Law 151, 78th Congress; E.O. 9250, .7 F.R. 7871; E.O. 9326, 8 F.R. Issued, this 20th day of April 1944. 4681) C hester B o w l e s , Issued this 20th day of April 1944. Administrator. C hester B o w l e s , Administrator. [F. R. Doc. 44-5628; Filed, April 20, 1914; [F. R. Doc. 44-5652; Filed, April 20, 1944; 12:03 p. m.) 11:59 a. m.J FEDERAL REGISTER, Saturday, April 22, 1944 4371

[MPR 188, Amdt. 34 To Order A -l] person who purchases, rather than pro­ the seller’s customary discounts, allow­ M anufacturers o f I n s u la te d B r ic or duces, such commodity or commodities ances, and other price differentials: S to n e S id in g P roducts from a producer for resale in the same form and without further processing, MODIFICATION OF MAXIMUM PRICES Maximum Maximum usually under his own name or trade Article price to retail Amendment No. 34 to Order No. A -l brand, to the same trade classifications dealers prices under § 1499.159b' of Maximum Price through which original producers usually Regulation No. 188. Manufacturers’ distribute such commodities. The des­ E ach E ach ignation also includes commission sales­ Model #W50, D-size flashlight maximum prices for specified building case, .090 gauge plastic materials and consumers’ goods other men, manufacturers’ representatives, waterproof...... $1.27 $2.12 and any other manufacturers’ agents. Model #50, D-size flashlight than apparel. Modification of maxi­ case, .090 gauge plastic...... 1.17 1.95 mum prices on sales between manufac­ “Insulated bric or stone siding” means turers of insulated bric or stone siding a siding material having a partially as­ products. phalt impregnated fiber insulation board (c) At the time of or prior to the first An opinion accompanying Amendment base to Which has been added a sur­ invoice to each purchaser for resale, No. 34 to Order A -l has been issued si­ facing material of crushed stone, bric, Micro-Lite Co., Inc. shall notify the pur­ multaneously herewith and filed with or slate, which surface has been em­ chaser for resale of the maximum prices the Division of the Federal Register. bossed or so marked that the finished and the conditions set by this order for Order No. A -l is amended by adding products when applied to a building resale by the purchaser.’ This notice may a new paragraph (a) (28) to read as have the appearance of a brick or stone be given in any convenient form. follows: wall. (d) This Order No. 1526 may be re­ voked or amended by the Price Ad­ (28) Modification of maximum prices This Amendment No. 34 shall become effective April 21, 1944. ministrator at any time. on sales between manufacturers of in­ This Order No. 1526 shall become effec­ sulated bric or stone siding products. (56 Stat. 23, 765; Pub. Law 151, 78th tive April 21, 1944. Any manufacturer of insulated bric or Cong.; E.O. 9250, 7 F.R. 7871; E.O. 9328, 8 Issued this 20th day of April 1944. stone siding products, as defined herein, F.R. 4681) may, subject to the filing provisions of C h e s te r B o w l e s , subdivision (iv) below, offer to sell, sell, Issued this 20th day of April 1944. Administrator. and deliver any such products to any C h e s te r B o w l e s , [F. R. Doc. 44-5644; Filed, April 20, 1944; other manufacturer, as defined herein, Administrator. 12:05 p. m.] at a price agreed upon by the selling and [F. R. Doc. 14-5653; Filed, April 20, 1944; buying manufacturers, when the price 12:04 p. m.j so agreed upon is in excess of the maxi­ mum price for the seller under Maximum [MPR 188, Order 1527] Price Regulation No. 188, under the fol­ C. L. B radford and A sso ciates lowing conditions: [MPR 188, Order 1526] APPROVAL OF MAXIMUM PRICES (i) Both the seller and the buyer must M ic r o -L it e C o ., I n c . be “manufacturers” as that term is de­ Order No. 1527 under § 1499.158 of fined herein; . AUTHORIZATION OF MAXIMUM PRICES Maximum Price Regulation No. 188. (ii) The buying manufacturer must Order No. 1526 under § 1499.158 of Manufacturers’ maximum prices for resell the commodity in the same form Maximum Price Regulation No. 188. specified building materials and con­ as purchased from the selling manufac­ Manufacturers’ maximum prices for sumers’ goods other than apparel. Ap­ turer; and specified building materials and consum­ proval of maximum prices for sales of (iii) Any increase in price resulting ers’ goods other than apparel.-- lawn chair manufactured by C. L. Brad­ from the agreement under this subpara­ For the reasons set forth in an opinion ford and Associates. graph (28) must be absorbed by the buy­ issued simultaneously herewith and filed For the reasons set forth in an opinion ing manufacturer and may not be re­ with the Division of the Federal Register issued simultaneously herewith and flected, directly or indirectly, in the re­ and pursuant to the authority vested filed with the Division of the Federal sale price nor may such increase be used in the Price Administrator by the Emer­ Register, and pursuant to the authority as a basis for a request for an increase gency Price Control Act of 1942, as vested in the Price Administrator by the in price by way of an application for amended, and Executive Orders No. 9250 Emergency Price Control Act of 1942, as adjustment or petition for amendment and 9328; It is ordered: amended, and Executive Orders Nos. under Maximum Price Regulation No. (a) Micro-Lite Co. Inc., 44 West 18th 9250 and 9328; It is ordered: 188. Street, New York 11, New York, may sell (a) C. L. Bradford and Associates, 222 (iv) Before any sale or delivery may be and deliver the flashlight cases of its W. North Bank Drive, Chicago 54, Illinois, made upon the basis of the price arrived manufacture, as described in its appli­ may sell and deliver the lawn chair of its at pursuant to this subparagraph (28), cation, at maximum prices no higher manufacture, as described in its appli­ the buying manufacturer must submit than the following: cation, at maximum prices no higher a statement to the Office of Price Ad­ than $2.00 for sales to jobbers and $2.35 ministration, Building Materials Price Maximum Maximum for sales to dealers. These maximum Branch, Washington, D. C., showing, for Article price to" price to prices are f. o. b. factory. the first sale: jobbers dealers (b) Any person other than C. L. Brad­ (a) The names of the selling and buy­ ford and Associates may sell to dealers ing manufacturers; Model #W50, D-size flashlight and deliver the lawn chair manufactured case, .090 gauge plastic water E ach E ach (b) A specific statement from the proof______$0.95 $1.27 by C. L. Bradford and Associates, at a buyer that the increase in price will not Model #60, D-size flashlight maximum price no higher than $2.35 be passed on in the resale of the com­ case, .090 gauge plastic...... 87^ 1.17 per unit, f. o. b. shipping point. This modity and that such increase resulting maximum price is subject to the seller’s from the agreement will not be made the These maximum prices are subject to a customary discounts, allowances and basis for an application for adjustment discount of 2% if paid within 10 days, net other price differentials. or petition for amendment under Maxi­ 30 days, and are f. o. b. factory in the case (c) At the time of or prior to the first mum Price Regulation No. 188. of sales in smaller than 100 lb. lots; all invoice to each purchaser for resale, C. L. (v) As used in this subparagraph (28), other sales are f . o. b. destination. Bradford and Associates shall notify the the term: (b) Any person other than the Micro- purchaser for resale of the maximum “Manufacturer” means any person Lite Co., Inc., may sell and deliver the prices and conditions set by this Order who produces, by manufacture, any D-size flashlight cases manufactured by No. 1527 for resale by the purchaser. bric or stone siding product subject to Micro-Lite Co., Inc., at maximum prices This notice may be given in any con­ this subparagraph (28) and includes any no higher than the following, subject to venient form. 4372 FEDERAL REGISTER, Saturday» A p ril 22, 1944

(d) This Order No. 1527 may be re­ (d) This Order No. 1528 may be re­ These maximum prices are subject to voked or amended by the Price Adminis­ voked or amended by the Price Admin­ the seller’s discounts, allowances, and trator at any time. istrator at any time. other price differentials. This Order No. 1527 shall become effec­ This Order No. 1528 shall become effec­ (c) At the time of or prior to the first tive on the 21st day of April 1944. tive April 21, 1944. invoice to each purchaser for resale, the Issued this 20th day of April 1944. Issued this 20th day of April 1944. seller shall notify the purchaser for re­ C hester B o w l e s , C hester B o w l e s , sale of the maximum prices and the Administrator. Administrator. conditions set by this order for resale by the purchaser. This notice may be [P. R. DOC. 44-5645; Filed, April 20, 1944; [P. R. Doc. 44-5646; Piled, April 20, 1944; given in any convenient form. 12:05 p. m.] 12:05 p. m.] (d) This Order No. 1529 may be re­ voked or amended by the Price Admin­ [MPR 188, Order 1529] istrator at any time. This Order No. 1529 shall become ef­ [MPR 188, Order 1528] S o r k in Music C o . fective April 21, 1944. A u t o m a tic E lectrical D evice C o . APPROVAL OF MAXIMUM PRICES Issued this 20th day of April 1944. APPROVAL OF MAXIMUM PRICES Order No. 1529 under § 1499.158 of C hester B o w l e s , Maximum Price Regulation No. 188. Administrator. Order No. 1528 under § 1499.158 of Manufacturers’ maximum prices for [P. R. Doc. 44-5642; Piled, April 20, 1944; Maximum Price Regulation No. 188. 12:04 p. m.] Manufacturers’ maximum prices for spe­ specified building materials and consum­ ers’ goods other than apparel. Approval cified building materials and consum­ ers’ goods other than apparel. Approval of maximum prices for sales of “ Swank” of maximum prices for sales of flashlight combination Saxophone and Clarinet Regional and District Office Orders. stands and component parts manufac­ batteries and chargers manufactured by L ist of C o m m u n it y C e il in g P rice O rders the Automatic Electrical Device Com­ tured by Sorkin Music Company, For the reasons set forth in an opinion The following orders under Rev. Gen­ pany. issued simultaneously herewith and filed eral Order 51 were filed with the Division For the reasons set forth in an opinion of the Federal Register on April 18,1944. issued simultaneously herewith and filed with the Division of the Federal Regis­ with the Division of the Federal Register ter and pursuant to and under the au­ region n thority vested in the Price Administrator and pursuant to the authority vested in Buffalo Order No. P-1, Amendment No. 3, the Price Administrator by the Emer­ by the Emergency Price Control Act of filed 4:04 p. m. gency Price Control Act of 1942, as 1942, as amended, and Exectuive Orders Buffalo Order No. P-2, Amendment No. 2, amended, Executive Orders No. 9258 and No. 9250 and 9328, and in accordance filed 4:04 p. m. with § 1499.158 of Maximum Price Regu­ 9250; It is ordered: Trenton Order No. P-1, Amendment No. 3, (a) Automatic Electrical Device Co., lation No. 188: It is ordered: filed 4:06 p. m. Cincinnati, Ohio, may sell the flashlight (a) Sorkin Music Company, 251-253 r e g io n m Fourth Avenue, New York 10, New York, batteries and chargers as described in its Columbus Order No. 3-F, Amendment No. application at maximum prices no may sell and deliver the “ Swank” com­ 16, filed 4:05 p. m. bination Saxophone and Clarinet stands higher than the following: Columbus Order No. 7-F, Amendment No. and component parts of Its manufacture 16, filed 4:04 p. m. at maximum prices no higher than the Escanaba Order No. 9-F, Amendment No. 7, Maximum Maximum filed 4:09 p. m. Article prices to prices to following: distributors dealers Escanaba Order No. 10-F, Amendment No. 7, filed 4:09 p. m. Maximum Maximum Article" price to price to Escanaba Order No. 11-F, Amendment No. $1.08 $1.44 7, filed 4:09 p. m. 1.80 2.40 jobbers dealers .81 1.08 Escanaba Order No. 12-F, Amendment No. 10.83 14.44 6, filed 4:09 p. m. $2.00 $3.00 Z16% 8.25 Escanaba Order No. 13-F, Amendment No. .42 .63 6, filed 4:09 p. m. These maximum prices are f. o. b. fac­ .25 .38 Escanaba Order No. 14-F, Amendment No. .27 .40 , filed 4:08 p. m. tory and are subject to Automatic Elec­ .27 .40 6 trical Device Company’s customary dis­ .34 .50 Escanaba Order No. 16-F, Amendment No. .34 .50 6, filed 4:08 p. m. counts, allowances, and other price .50 .75 Escanaba Order No. 15-F, A m e n d m e n t No. .34 differentials. .50 6, filed 4:08 p. m. (b) Any person other than the Auto­ Louisville Order No. 1-F, Amendment No. matic Electrical Device Company, may These maximum prices are f. o. b. fac­ 25, filed 4:05 p. m. sell and deliver the flashlight batteries Louisville Order No. 1-F, Amendment No. and chargers manufactured by the Auto­ tory and are subject to the Sorkin Mu­ 26, filed 4:16 p. m. sic Company’s customary discounts, al­ matic Electrical Device Company at Louisville Order No. 3-F, Amendment No. lowances, and other price differentials. maximum prices subject to the seller’s 13, filed 4:15 p. m. (b) Any person other than the Sorkin customary discounts, allowances, and REGION IV Music Company may sell and deliver the other price differentials, no higher than “Swank” combination saxophone and Jacksonville Order No. 1-F, A m e n d m e n t No. the following: clarinet stands and component parts 20, file d 4:08 p. m. manufactured by Sorkin Music Company Jacksonville Order No. 2-F, A m e n d m e n t No. Maximum Maximum at maximum prices no higher than the 13, file d 4:04 p. m. Article prices to retail Nashville Order No. 5-F, A m e n d m e n t No. dealers prices following: 12, filed 4:15 p. m . Richmond Order No. 4—F, A m e n d m e n t No. $1.80 I, filed 4:11 p. m. $1.44 Maximum Maximum 2.40 3.00 Article price to Roanoke Order No. 1-F, Amendment No. 7, 1.08 1.35 dealers retail prices 18.05 filed 4:06 p. m. Six-gang charger— ...... 14.44 Roanoke Order No. 1-F, Amendment No. 8, $3.00 $6.00 filed 4:06 p. m. 3.25 6.50 Roanoke Order No. 1—F, A m e n d m e n t No. 9, 1.25 (c) At the time of or prior to the first .63 file d 4:06 p. m . invoice for each purchaser for resale, .38 .76 .40 .80 Roanoke Order No. 1-F, Amendment No. 9, the seller shall notify the purchaser for .40 - .80 filed 4:06 p. m. resale of the maximum prices and the .50 1.00 Roanoke Order No. 1—F, A m e n d m e n t No. .50 1.00 conditions set by this order for resales .75 1.50 10, filed 4:05 p. m. __ by the purchaser. This notice may be ,50 1.00 Roanoke Order No. 1-F, A m e n d m e n t No. given in any convenient form. II, filed 4:05 p. m. FEDERAL REGISTER, Saturday, A p ril 22, 1944 4373

Roanoke Order No. 2-F, filed 4:09 p. m. REGION I I I region m Roanoke Order No. 2-F, Amendment No. 1, Detroit Order No. 1-F, Amendment No. 10, Cincinnati Order No. 1-F, Amendment No. filed 4:11 p. m. filed 10:10 a. m. 25, filed 3:45 p. m. Roanoke Order No. 2-F, Amendment No. 2, Escanaba Order No. 17-F, Amendment No. Escanaba Order No. 5-W, filed 3:43 p. m. filed 4:11 p. m. 5, filed 10:14 a. m. Escanaba Order No. 26, filed 3:41 p. m. Roanoke Order No. 2-F, Amendment No. 3, Lexington Order No. 1—F, Amendment No. Escanaba Order No. 27, filed 3:43 p. m. filed 4:11 p. m. 25, filed 10:09 a. m. Grand Rapids Order No. F-14-A, Amend­ Roanoke Order No. 2-F, Amendment No. 4, Lexington Order No. 2-F, Amendment No. ment No. 14, filed 3:51 p. m. filed 4:11 p. m. 18, filed 10:09 a. m. Grand Rapids Order No. F-14-B Amend­ REGION V Lexington Order No. 3-F, Amendment No. ment No. 14, filed 3:50 p. m. 16, filed 10:09 a. m. REGION IV Lubbock Order No. 2-F, Amendment No. 2, Louisville Order No. 2—F, Amendment No. » filed 4:14 p. m. 20, filed 10:11 a. m. Memphis Order No. 4-F, Amendment No. Wichita Order No. 3-F, Amendment No. 5, 29, filed 3:50 p. m. REGION IV filed 4:07 p. m. Nashville Order No. 5-F, Amendment No. REGION VI Richmond Order No. 1-W, Amendment No. 11, filed 3:44 p. m. 2, filed 10:07 a. m. Des Moines Order No. 1-F, Amendment No. REGION V Richmond Order No. 4-F, Amendment No. , filed 4:06 p. m. 11 2, filed 10:07 a. m. Arkansas Order No. 2-F, Amendment No. 9, Des Moines Order No. 1-F, Amendment No. filed 3:52 p. m. 12, filed 4:07 p. m. region v Dallas Order No. 1-F, Amendment No. 11, Moline Order No. 2-F, Amendment No. 9, Arkansas Order No. 4-F, Amendment No. filed 3:46 p. m. filed 4:14 p. m. 11, filed 10:10 a. m. Dallas Order No. 3-F, Amendment No. 9, r e g io n vn Arkansas Order No. 6-F, Amendment No. filed 3:46 p. m. 11, filed 10:10 a. m. Houston Order No. 1-F, Amendment No. 7, Montana Order No. 26-F, filed 4:12 p. m. filed 3:52 p. m. Montana Order No. 27-F, filed 4:12 p. m. REGION VI Kansas City Order No. 2-F, Amendment Montana Order No. 28-F, filed 4:12 p. m. Milwaukee Order No. 4-JF, Amendment No. No. 7, filed 3:48 p. m. Montana, Order No. 30-F, filed 4:14 p. m. 4, filed 10:07 a. m. Oklahoma City Order No. 2-F, Amendment No. 4, filed 3:52 p. m. r e g io n v n i Moline Order No. 2-W, filed 10:12 a, m, Springfield Order No. W -l, Amendment No. Oklahoma City Order No. 3-F, Amendment Seattle Order No. 1-P, Amendment No. 3, 1, filed 10:12 a. m. No. 13, filed 3:46 p. m. filed 4:07 p. m. Springfield Order No. W-2, Amendment No. Shreveport Order No. 2-F, Amendment No. 9, filed 3:45 p. m. The following orders under Rev. Gen­ 1, filed 10:12 a. m. Springfield Order No. W-3, Amendment No. REGION VI eral Order 51 were filed on April 19,1944, 1, filed 10:13 a. m. with the Division of the Federal Register. Springfield Order No. W-4, Amendment No. Omaha Order No. 1-F, Amendment No. 12, filed 3:47 p. m. region vn 1, filed 10:13 a. m. Springfield Order No. W-5, Amendment No. Omaha Order No. 2-F, Amendment No. 11, Montana Order 1-W, filed 3:24 p. m. 1, filed 10:14 a. m. filed 3:47 p. m. Montana Order 3-W, filed 3:25 p. m. Springfield Order No. W-6, Amendment No. Omaha Order No. 2-W, Amendment No. 1, Montana Order No. 4-W, filed 3:26 p. m. 1, filed 10:14 a. m. * filed 3:50 p. m. Montana Order No. 5-F, filed 3:26 p. m. Sioux City Order No. 2-F, Amendment No. Montana Order No. 3-F, filed 3:27 p. m. REGION VII 10, filed 3:46 p. m. Montana Order No. 15-F, filed 3:21 p. m. Montana Order No. 12-F, filed 10:15 a. m. Twin Cities Order No. 1-F, Amendment No. Montana Order No. 17-F, filed 3:22 p. m. Montana Order No. 13-F, filed 10:15 a. m. 9, filed 3:47 p. m. Montana Order No. 19-F, filed 3:22 p. m. Montana Order No. 14-F, filed 10:15 a. m. region vm Montana Order No. 20-F, filed 3:22 p. m. Wyoming Order No. 3-F, filed 10:11 a. m. Montana Order No. 21-F, filed 3:23 p. m. Wyoming Order No. 22, Amendment No. 1, Phoenix Order No. 13, Amendment No. 1, Montana Order No. 22-F, filed 3:23 p. m. filed 10:11 a. m. filed 3:50 p. m. Montana Order No. 23-F, filed 3:23 p. m. Montana Order No. 24-F, filed 3:24 p. m. Copies of .these orders may be ob­ Copies of these orders may be obtained Montana Order No. 25-F, filed 3:24 p. m. tained from the issuing offices. from the issuing offices. Copies of these orders may be obtained E r v in H. P o l la c k , E r v in H. P o lla c k , from the issuing offices. Secretary. Secretary. E r v in H . P o lla c k , [F. R. Doc. 44-5700; Filed, April 21, 1944; [F. R. Doc. 44-5701; Filed, April 21, 1944; Secretary. 11:29 a. m.] 11:29 a. m.] [F. R. Doc. 44-5699; Filed, April 21, 1944; 11:29 a. m.]

L ist of C o m m u n it y C e il in g P rice SECURITIES AND EXCHANGE COM­ O rders MISSION. L ist of C o m m u n it y C e il in g P rice O rders The following orders under Revised [File No. 70-875]

The following orders under Rev. Gen­ General Order 51 were filed with the L o u is ia n a P o w e r & L ig h t Ç o . eral Order 51 were filed with the Divi­ Division of the Federal Register on April sion of the Federal Register on April 19, 18, 1944. supplemental order g r a n t in g a p p l ic a ­ 1944. REGION I t io n and p e r m it t in g declaration to BECOME EFFECTIVE REGION I Montpelier Order No. 12, filed 3:40 p. m. Boston Order No. 3-F, filed 10:15 a. m. Providence Order No. 1-F, Amendment No. At a regular session of the Securities Trenton Order No. 1-F, Amendment No. 1, 1, filed 3:48 p. m. and Exchange Commission, held at its filed 10:14 a. m. Providence Order No. 2-F, Amendment No. office in the City of Philadelphia, Penn­ r e g io n n 1, filed 3:49 p. m. sylvania, on the 19th day of April, A. D. District of Columbia Order No. 1-F, Amend­ REGION II 1944. ment No. 2, filed 10:08 a. m. The Commission having on April 7, New York Order No. 1-F, Amendment No. 3, Altoona Order No. 1-F, Amendment No. 2, 1944, issued its order herein under section filed 10:11 a. m. filed 3:45 p. m. 7 of the Public Utlity Holding Company Philadelphia Order No. 1-F, Amendment Binghamton Order No. 1-F, Amendment No. No. 2, filed 10:07 a. m. Act of 1935 granting and permitting to 2, filed 3:52 p. m. become effective an application and dec­ Syracuse Order No. 16, Amendment No. 2, Binghamton Order No. 9, Amendment No. filed 10:09 a. m. laration, as amended, of Louisiana Power 2, filed 3:52 p. m. Syracuse Order No. 17, Amendment No. 2, & Light Company, a subsidiary of Elec­ Newark Order No. 1-P, Amendment No. 8, filed 10:08 a. m. tric Power & Light Corporation, a regis­ filed 3:49 p. m. Syracuse Order No. 18, Amendment No. 1, tered holding company, which in turn filed 10:08 a. m. Newark Order No. 3-F, filed 3:49 p. m. Syracuse Order No. 19, Amendment No. 1, Scranton Order No. 2-F, Amendment No. is a subsidiary of Electric Bond and Share filed 10:08 a. m. 1, filed 3:47 p. m. Company, also a registered holding com- 4374 FEDERAL REGISTER, Saturday, April 22, 1944 pany, with respect to the issuance and benture Bonds, Series A, due 2022, at Union Electric Company of Missouri, a sale by Louisiana Power & Light Com­ prices of not less than 95% nor more registered holding company, has filed an pany of $17,000,000 principal amount of than 100% of principal amount, said application and a declaration and First Mortgage Bonds to mature April maximum having been fixed in Ameri­ amendment thereto pursuant to sections 1, 1974, to purchasers selected by com­ can’s application and declaration and 6 (b) and 12 (f) of the Public Utility petitive bidding in conformity with Rule said minimum having been fixed by a Holding Act of 1935 and Rule U-45 of the Ü-50 promulgated under the act and condition in said order; and general rules and regulations promul­ The Commission having in said order The Commission having on June 21, gated thereunder, regarding a proposal reserved jurisdiction over the price to 1943 entered an order granting an ex­ (a) to issue and sell to commercial banks be paid to the company for such bonds, tension of said order of February 22, at private sale and not for resale to the the interest rate thereon, the underwrit­ 1943, without modification, pending the public, notes in the principal amount of ers’ spread and its allocation, and all final disposition of the issues involved not more than $9,000,000 maturing not legal fees and expenses to be paid in con­ in an application by American for the more than nine months, exclusive of days nection with the proposed transaction; modification of said order; and of grace, after date of issue thereof at one and The Commission having on August 10, and one-half (11A% > per cent interest Louisiana Power & Light Company 1943 entered an order pursuant to sec­ per annum; and (b) to use the proceeds having filed a further amendment to the tion 10 and 12 (c) of the Public Utility from such notes, together with other declaration and application setting forth Holding Company Act of 1935 and Rule funds, (1) to repay the open account in­ that Louisiana Power & Light Company U-42 thereunder modifying and extend­ debtedness in the approximate amount has accepted, pursuant to an invitation ing the said order of February 22, 1943, of $5,700,000 owing by Union Electric for competitive bids, the proposal of Hal­ so as to permit American over a period Company of Missouri to its subsidiary, sey, Stuart & Co., Lie., as representatives of four, months, ending December 9,1943, Mississippi River- Power Company and and on behalf of a group of underwrit­ to employ the unexpended portion of said (2) to make a capital contribution to said ers, to purchase said First Mortgage $10,000,000 in purchasing said debenture subsidiary in the amount-©¿^approxi­ Bonds at a price of 101.9099 at a dividend bonds at prices not in excess of 106% mately $9,560,000. By amendment to rate of 3% and that said First Mortgage of the principal amount; and said application and declaration, Union Bonds are to be resold to the public at 103 The Commission having on December Electric Company of Missouri and Mis­ representing a spread to the underwrit­ 9, 1943, entered an order extending the sissippi River Power Company have ers of 1.0901; and time within which purchases of Ameri­ agreed that no charges will be made to The Commission having examined said can’s debenture bonds might be made the capital surplus to be created in the amendment and having considered the under the modified order to and includ­ accounts of Mississippi River Power Com­ record herein, and finding no basis for ing April 10, 1944; and pany by the proposed capital contribu­ imposing terms and conditions with re­ American at March 31, 1944, having tion without the approval .of this Com­ spect to the price to be paid to the com­ been unable to expend more than $7,- mission, except charges made for the pany, the underwriters’ spread and its 294,379 in the purchase of said deben­ purpose of complying with the orders of allocation, the dividend rate on said First ture bonds and having filed an applica­ the Federal Power Commission and the Mortgage Bonds or the expenses or legal tion for an extension of the said order Illinois Commerce Commission with re­ fees to be paid in connection with the of February 22, 1943, as modified by the spect to the reclassification of accounts proposed transaction: order _of August 10, 1943 for an addi­ of Mississippi River Power Company. It is ordered, That, subject to the terms tional four months; and Said application and declaration hav­ and conditions prescribed by Rule Ü-24, The Commission finding that under ing been filed on the 30th day of March, said application and declaration, as all 'the circumstances the extension of 1944, and notice of filing having been duly amended, be, and the same hereby is, time requested by American may ap­ given in the manner and form prescribed granted and permitted to become effec­ by Rule U-23 under said act and the tive forthwith, and that the jurisdiction propriately be granted pursuant to the applicable provisions of the act and the Commission not having received a re­ heretofore reserved over the expenses and quest for hearing with respect to said legal fees be, and the same hereby is, rules and regulations thereunder; It is ordered, That said application be, aniended application and declaration released. within the period specified in such notice, By the Commission. and hereby is, granted and the period within which purchases of American’s or otherwise, and not having ordered a [SEAL] ORVAL L. DUBOIS, debenture bond may be made pursuant hearing thereon; and Secretary. to the Commission's order herein dated Union Electric Company of Missouri [F. R. Doc. 44-5659; Filed, April 20, 1944; February 22, 1943, as modified by the having requested that the Commission is­ 2:54 p. m.] Commission’s order dated August 10, sue its order on or before April 20, 1944; 1943, be, and hereby is, extended for a and The Commission finding that the re­ [File No. 70-618] further period of four months to and including August 10, 1944, subject to all quirements of section 6 (b) and Rule A m e r ic a n P o w e r & L ig h t Co. of the terms and conditions and reserva-* U-45 are satisfied, that no adverse find­ tions of jurisdiction set forth therein ings are necessary thereunder, and that ORDER GRANTING APPLICATION FOR EXTENSION action upon said amended application OF ORDER and subject to the further condition that American advise by letter each known and declaration should be accelerated, At a regular session of the Securities holder of its debentures of said exten­ and the Commission deeming it appro­ and Exchange Commission, held at its sion of time for its purchase program priate in the public interest and in the office in the City of Philadelphia, Penn­ although it jmay make purchases here­ interest of investors and consumers to sylvania, on the 18th day of April, A. D. under during the intervening period prior grant said amended application and to 1944. to the actual giving of such notice. permit said amended declaration to be­ The Commission having on February By the Commission. come effective; 22, 1943 entered an order pursuant to It is hereby ordered, Pursuant to said [ s e a l] O rval L. DuBois, Rule U-23 and the applicable provisions sections 10 and 12 (c) of the Public Secretary. Utility Holding Company Act of 1935 of said act and subject to the terms and and Rule tJ-42 thereunder permitting [F. R. Doc. 44-5660; Filed, April 20, 1944; conditions prescribed in Rule U-24 that American Power & Light Company 2:54 p. m.] said amended application be and the (“American” ) , a registered holding com­ [File No. 70-878] same is hereby granted and that said pany and a subsidiary of Electric Bond amended declaration be and the same is and Share Company, likewise a regis­ U n io n E lectric C o m p a n y of M iss o u r i hereby permitted to become effective tered holding company, to expend, over forthwith. a period of four months, not in excess ORDER- GRANTING APPLICATION AND PERMIT­ of $10,000,000 in cash to acquire by open TING DECLARATION TO BECOME EFFECTIVE By the Commission. market purchases part of its outstanding At a regular session of the Securities [ s e a l] . O rval L. D u B o is, Secretary. Gold Debenture Bonds, 6% Series, due and Exchange Commission held at its 2016, and its assumed Southwestern office in the City of Philadelphia, Pa., on [F. R. Doc. 44-5661; Filed, April 20, 1944; Power & Light Company 6% Gold De­ the 19th day of April 1944. 2:54 p. m.]