^ o n a m ^» j e , » 'i ■UTTERAÌ itrrtuT V I SCRIPTA \ £ FEDERAL« REGISTER •Ä H« <( VOLUME 7 ■ V , '9 3 4 NUMBER 189 * tflVITED ’

Washington, Friday, September 25, 1942

Regulations TITLE 16—COMMERCIAL PRACTICES CONTENTS Chapter I—Federal Trade Commission REGULATIONS AND NOTICES TITLE 7—AGRICULTURE [Docket No. 4088] Agricultural Adjustment Agency: Page Northeast region, instructions. 7576 Chapter IX—Agricultural Marketing P art 3—Digest of Cease and D esist Agricultural M arketing Adm inis­ Administration Orders tration: NATIONAL LACQUER MANUFACTURING CO., ETC. Philadelphia, Pa., handling of P art 961—Milk in the P hiladelphia, milk______7549 P ennsylvania, M arketing Area § 3.6 (r) Advertising falsely or mis­ Alien P roperty Custodian: leadingly—Prices—Exaggerated as regu­ “Mein Kampf”, copyrights; SUSPENSION OF TIME LIMITATION lar and customary: § 3.6 (r) Advertising vesting order______7578 Order suspending provision of § 961.1 falsely or misleadingly—Prices—Usual as Bituminous Coal Div isio n : (a) (5) of the order regulating the han­ reduced, special, etc. In connection with Cove Hill Coal Co., cease and dling of milk in the Philadelphia, Penn­ offer, etc., in commerce, of respondent’s desist order______7572 sylvania, marketing area. paint, and among other things, as in or­ Minimum price schedules Pursuant to the provisions of Public Act der set forth, (1) representing as the cus­ amended: No. 10, 73d Congress, as amended and as tomary or regular price of respondent’s District 3__1______7552 reenacted and amended by the Agricul­ paint any price which is in excess of the District 15______— 7553 tural Marketing Agreement Act of 1937, price at which such paint is regularly and E conomic W arfare B oard; (7 U.S.C. 1940 ed. 601 et seqO, herein­ customarily sold by respondent in the Delegation of authority regard­ after referred to as the “act”, and the normal and usual course of business; and ing contracts______7555 provisions of the order regulating the (2) representing, directly or by implica­ F arm Security Administration: tion, that the price at which respondent Ohio; localities in Perry County handling of milk in the Philadelphia, offers his paint for sale constitutes a spe­ Pennsylvania, marketing area, effective designated for loans_____ 7576 cial, reduced, or sacrifice price, when in F ederal P ower Commission: April 1, 1942 (7 P.R. 2377), it is hereby fact such price is the usual and customary Cabot, Godfrey L., Inc. and determined that the time limitation with price at which respondent sells his paint Cabot Gas Corp., hearing— 7578 respect to the inclusion of certain farm­ in the normal aqd usual course of busi­ F ederal T rade Commission: ers (who do not regularly deliver milk ness; prohibited. (Sec. 5, 38 Stat. 719, as Cease and desist orders: for use in the Philadelphia, Pennsyl­ amended by sec. 3,52 Stat. 112; 15 U.S.C., Bewley Mills______7551 vania, marketing area) as producers, sec. 45b) [Modified cease and desist or­ Engel, Maurice J ______7551 during September 1942, obstructs, and der, National Lacquer Manufacturing Co., National Lacquer Manufac­ during such period does not tend to ef­ etc., Docket 4088, September 18,19423 turing Co______7549 fectuate the declared policy of the act. ' § 3.6 (a) Advertising falsely or mis­ G eneral Land Offic e: It is, therefore, ordered, That the words leadingly—Business status, advantages California, withdrawal of public “of October, November, December, and or connections of advertiser—Plant and lands for War department January”, which appear in § 961.1 (a) equipment: § 3.6 (a) Advertising falsely aviation uses______7576 .(5) of the said order, shall be, and hereby or misleadingly—Business status, advan­ Maritime Com m ission: tages or connections of advertiser— Revised forms of cargo report are, suspended for the period September and vessel performance 1942. Stook: § 3.6 (dd) Advertising falsely or misleadingly—Special offers: § 3.72 (n) summary______7561 Done at Washington, D. C., this 23d Offering deceptive inducements to pur­ Office of P rice Administration: •day of September 1942. Witness my chase—Special offers, savings and dis­ Adjustments, etc.: hand and the seal of the Department of counts. In connection with offer, etc., in Hightstown Rug Co______7579 Agriculture. Houde, Arthur J ______7581 commerce, of respondent’s paint, and Karagheusian, A. and M., Co. [seal] T homas J. F lavin, among other things, as in order set forth, (2 documents)______-_ 7580 Assistant to the (1) representing, directly or by implica­ Masland, C. H., and Sons____ 7580 Secretary of Agriculture} tion, that respondent maintains any Philadelphia Carpet Co_____ 7579 [F. R. Doc. 42-9466; Filed, September 23,1942; warehouse other than that maintained Reiss, C., Coal Co__-______7580 , 4:10 p. m.] at his manufacturing plant in Vernon, Cotton yarns, carded (MPR 33). 7557 California; (2) representing, directly or Sugar rationing (Order 3, Am. Acting pursuant to authority delegated by implication, that respondent has any 12, Corr.)______7557 by the Secretary of Agriculture under the Act of April 4, 1940 (54 Stat. 81; 7 F.R. 2656). (Continued on next page) (Continued on next page) 7549 7550 FEDERAL REGISTER, Friday, September 25, 1942

specified quantity of paint warehoused It is ordered, That said order to cease or on hand in the vicinity of prospective and desist be, and it hereby is, modified purchasers, when respondent does not in to read as follows: F E D E R A ^^ REGISTER fact have such quantity warehoused or This proceeding having been heard by \ ms» ¿y on hand in the designated locality; and the Federal Trade Commission upon the (3) representing, directly or by implica­ amended complaint of the Commission tion, that the quantity of respondent’s the answer of the respondent, testimony paint available to prospective purchasers and other evidence in support of the alle­ Published daily, except Sundays, Mondays, is limited, when respondent is in fact gations of the complaint and in opposi­ and days following legal holidays by the prepared to fill all orders received; pro­ tion thereto, taken before trial examin­ Division of the Federal Register, The National hibited. (Sec. 5, 38 Stat. 719, as Archives, pursuant to the authority con­ ers of the Commission theretofore duly tained in the Federal Register Act, approved amended by sec. 3, 52 Stat. 112; 15 U.S.C., designated by it, report of the trial exam­ July 26, 1935 (49 Stat 500), under regula­ sec. 45b) [Modified cease and desist iners upon the evidence, and brief in sup­ tions prescribed by the Administrative Com­ order, National Lacquer Manufacturing port of the complaint (no brief having mittee, approved by the President. Co., etc., Docket 4088, September 18, been filed by respondent and oral argu­ The Administrative Committee consists of 1942] ment not having been requested), and the Archivist or Acting Archivist, an officer the Commission having made its findings of the Department of Justice designated by § 3.6 (o) Advertising falsely or mis­ the Attorney General, and the Public Printer leadingly—Old as new: § 3.6 (cc) Ad­ as to the facts and its conclusion that or Acting Public Printer. vertising falsely or misleadingly—Source the respondent has violated the provi­ The daily issue of the F ederal R egister or origin—History. In connection with sions of the Federal Trade Commission Will be furnished by mail to subscribers, free offer, etc., in commerce, of respondent’s Act; of postage, for $1.25 per month or $12.50 per paint, and among other things, as in or­ It is ordered, That the respondent, year, payable in advance. Remit money or­ der set forth, (1) using the words “fresh Jacob Swimmer, individually and trading der payable to the Superintendent of Docu­ stock” to designate or describe any re­ as National Lacquer Manufacturing Co., ments directly to the Government Printing and as National Titanium Co., or trading Office, Washington D. C. The charge for claimed or reconditioned paint, or other­ single copies (minimum, 10(0 varies in pro­ wise representing, directly or by implica­ under any other name, and his repre­ portion to the size of the issue. tion, that such paint is new paint or is sentatives, agents and employees, di­ There are no restrictions on the republica­ made from new and unused materials; rectly or through any corporate or other tion of material appearing in the F ederal and (2) representing, directly or by im­ device, in connection with the offering R egister. plication, that respondent’s paint is ob­ for sale, sale and distribution of respond­ Telephone Information: District 0525. tained by him direct from paint manufac­ ent’s paint in commerce, as “commerce” turers, when such is not the fact; pro­ is defined in the Federal Trade Commis­ hibited. (Sec. 5,38 Stat. 719, as amended sion Act, do forthwith cease and desist CONTENTS—Continued by sec. 3, 52 Stat. 112; 15 U.S.C., sec. 45b) from: [Modified cease and desist order, Na­ 1. Representing as the customary or R eclamation Bureau: Page regular price of respondent’s paint any American River Investigations, tional Lacquer Manufacturing Co., etc., Docket 4088, September 18, 1942] price which is in excess of the price at Calif., first form with­ which such paiht is regularly and cus­ drawal______7574 § 3.71 (a) Neglecting, unfairly or de­ tomarily sold by respondent in the nor­ Shoshone Irrigation Project, ceptively, to make material disclosure— mal and usual course of business. Wyo., repayment of con­ Composition: § 3.71 (c) Neglecting, un­ 2. Representing, directly or by impli­ struction cost______7575 fairly or deceptively, to make material cation, that the price at which respond­ S ecurities and E xchange Com­ disclosure—Old, used or reclaimed as un­ ent offers his paint for sale constitutes m issio n: used or new. In connection with offer, a special, reduced, or sacrifice price, Hearings, etc: etc., in commerce, of respondent’s paint, when in fact such price is the usual and Cities Service Co., et al_____ 7581 and among other things, as in order set customary price at which respondent International Mining Corp__ 7581 forth, advertising, offering for sale, or sells his paint in the normal and usual Kewanee Public Service Co_ 7582 selling reclaimed or reconditioned paint course of business. Niagara Hudson Power Corp. without clearly disclosing in all sales let­ 3. Representing, directly or by impli­ and subsidiaries (2 docu­ ters and other advertising media, and on cation, that respondent maintains any ments) ______7582 labels affixed to the containers in which warehouse other than that maintained W age and H our Div isio n : such paint is sold, that such paint is a at his manufacturing plant in Vernon, Learner employment certifi­ reclaimed or reconditioned product made California.. cates, various industries__ 7577 principally from salvage material; pro­ 4. Representing, directly or by impli­ Printing and publishing, etc., hibited. (Sec. 5,38 Stat. 719, as amended cation, that respondent has any specified industry; committee resig­ by sec. 3,52 Stat. 112; 15 U.S.C., sec. 45b) quantity of paint warehoused or on hand nation and appointment™ 7578 [Modified cease and desist order, National in the vicinity of prospective purchasers, Seamless hosiery; committee Lacquer Manufacturing Co., etc., Docket when respondent does not in fact have resignation and appoint- 4088, September 18, 1942] such quantity warehoused or on hand ment, etc., (2 documents)_ 7577, In the Matter of Jacob Swimmer, an in the designated locality. 7578 5. Representing, directly or by impli­ W ar D epartment: Individual, Trading as National Lac­ Oversea cable and radio mes­ quer Manufacturing Co. and as Na­ cation, that the quantity of respondent’s sages, fixed text, etc______7570 tional Titanium Co. paint available to prospective purchasers W ar P roduction B oard: At a regular session of the Federal is limited, when respondent is in fact Caskets, etc. (L-64 as amended) _ 7555 Trade Commission, held at its office in prepared to fill all orders received. Chemicals, copper (M-227, Am. the City of Washington, D. C., on the 6. Using the words “fresh stock” to 1 )------7556 18th day of September, A. D. 1942. designate or describe any reclaimed or Officers’ u n i f o r m s (P-131, The Federal Trade Commission having reconditioned paint, or otherwise repre­ corr.)______7557 on July 20, 1942, made its findings as to senting, directly or by implication, that Plumbing and heating simplifi­ the facts and issued its order to cease suoh paint is new paint or is made from cation (L-42, Schedule IV, and desist in this proceeding (copies of new and unused materials. Am. 1)______7555 such findings and order being served on 7. Representing, directly, or by impli­ Portland cement (L-179, Am. 2 ) _ 7556 the respondent on July 24, 1942), and W ar Shipping Administration: cation, that respondent’s paint is ob­ General agents and agents: the Commission now being of the opin­ tained by him direct from paint manu­ Berth sub-agent defined.... 7561 ion that said order to cease and demist facturers, when such is not the fact. Service agreement forms___ 7561 should be modified as hereinafter set 8. Advertising, offering for sale, or sell­ forth; ing reclaimed or reconditioned paint FEDERAL REGISTER, Friday, September 25, 1942 7551 without clearly disclosing in all sales posed of tungsten surgical steel, or that etc., in commerce, of respondent’s “Red letters and other advertising media, and said knife blades have been tri-forged. Anchor” poultry and stock feeds, and on labels affixed to the containers in It is further ordered, That the re­ among other things, as in order set forth which such paint is sold, that such paint spondent shall, within sixty (60) days disseminating, etc., any advertisements is a reclaimed or reconditioned product after service upon him of this order, file by means of the United States mails, or made principally from salvage material. with the Commission a report in writing, in commerce, or by any means, to induce, It is further ordered, That the respond­ setting forth in detail the manner and etc., directly or indirectly, purchase in ent shall, within sixty (60) days after form in which he has complied with this commerce, • etc., of respondent’s said service upon him of this order, file with order. poultry and stock feeds, which adver­ the Commission a report in writing set­ By the Commission. tisements represent, directly or through ting forth in detail the manner and form [seal! O tis B. J ohnson, inference, (I) that respondent’s product in which he has complied with this order. Secretary. Red Anchor Chick Starter, containing Vitamin D elements, insures lower mor­ By the Commission. [F. R. Doc. 42-9485; Filed, September 24, 1942; [seal] Otis B. J ohnson, 11:37 a. m.] tality, more rapid growth, sturdier and Secretary. stronger chicks ' than are obtained through the use of'other starter feeds; [F R. Doc. 42-9487; Filed, September 24,1942; [Docket No. 4739] and (2> that its product Red Anchor 11:37 a.m.] Egg Mash feed, In combination with its P art 3—D igest op Cease and D esist ^ product Red Anchor Hen Scratch, con­ Orders tains every essential food element, gives [Docket No. 4490] BEWLEY MILLS the highest feeding results, and produces eggs of the highest quality; that it con­ P art 3—D igest op Cease and Desist § 3.6 (a 10) Advertising f alsely or mis­ tains a greater proportion of certain Orders leadingly—Comparative data or merits: essential feed ingredients than do other MAURICE J. ENGEL i 3.6 (c) Advertising falsely or mislead­ commercial feeds sold for egg produc­ ingly—Composition of goods: §3.6 (t) tion; that it increases hatchability of § 3.6 (c) Advertising falsely or mis­ Advertising falsely or misleadingly— eggs, the vigor and vitality of laying hens, leadingly—Composition of goods: § 3.6 Qualities or properties of products: § 3.6 and insures stronger chicks; that it con­ (m 10) Advertising falsely or mislead­ (x) Advertising falsely or misleading­ tains all the essential food elements for ingly—Manufacture or preparation. In ly—Results. In connection with offer, greater production and is higher in Vita­ connection with offer, etc., in cpmmerce, etc., in commerce, of respondent’s “Red min G content than are competitive of knives or knife blades for use by tho Anchor” poultry and stock feeds, and products; that numerous tests disclose fur industry, or other similar products, among other things, as in order set forth, that it takes less of said product to pro­ representing, directly or by implication, disseminating, etc., any advertisements duce a given number of eggs than it takes that respondent’s knife blades made by means of the United States mails, or of other feeds; and that the amount of from rolled carbon steel are composed of in commerce, or by any means, to induce, such product used may be reduced and tungsten surgical steel, or that said knife etc., directly or indirectly, purchase in still produce more eggs than would be blades have been tri-forged; prohibited. commerce, etc., of respondent’s said poul­ produced by other egg mash feeds; pro­ (Sec. 5, 38 Stat. 719, as amended by sec, try and stock feeds, which advertise­ hibited. (Sec. 5,38 Stat. 719, as amended 3 ,52 Stat. 112 ; 15 U.S.C., sec. 45b) [Cease ments represent, directly or through In­ by sec. 3, 52 Stat. 112; 15 U.S.C., sec. 45b) and desist order, Maurice J. Engel, ference, (1) that respondent's products [Cease and desist order, Bewley Mills, Docket 4490, September 21, 1942] designated Red Anchor Broiler Starter Docket 4739, September 21, 1942] At a regular session of the Federal and Broiler Finisher as feed for chicks §3.6 (a 10) Advertising falsely or Trade Commission, held at its office in the raised for broilers give better and more City of Washington, D. C., on the 21st misleadingly—Comparative data or mer­ economical results than can be obtained its: § 3.6 (c) Advertising falsely or day of September, A. D. 1942. from the use of other feeds; that its said This proceeding having been heard by misleadingly — Composition of goods: product Red Anchor Broiler Finisher as § 3.6 Cfe) Advertising falsely or mislead­ the Federal Trade Commission upon the a feed for chicks six to seven weeks old, complaint of the Commission, testimony ingly—Qualities or properties of prod­ theretofore fed its product Red Anchor uct: § 3.6 (x) Advertising falsely or mis­ and other evidence taken before Miles J. Broiler Starter, will cause total feed cost Furnas, a trial examiner of the Com­ leadingly—Results. In connection with to be lower and produce better broilers offer, etc., in commerce, of respondent’s mission theretofore duly designated by itr than will other feeds; that its product which testimony consisted of a stipula­ “Red Anchor” poultry and stock feeds, Red Anchor Starter Feed is perfectly bal­ and among other things, as in order set tion as to the facts entered into by and anced and contains every food element forth, disseminating, etc., any advertise­ between counsel for the Commission and essential to insure a healthy start in life counsel for the respondent upon the rec­ ments by means of the United States for baby chicks; and (2) that the use of mails, or in commerce, or by any means, ord in lieu of testimony in support of the its products designated Red Anchor Feeds complaint and in opposition thereto, re­ to induce, etc., directly or indirectly, pur­ will result in the highest production at chase in commerce, etc.., of respondent’s port of the trial examiner upon the the lowest cost for poultry; that said evidence, and brief in support of the com­ said poultry and stock feeds, which feeds are perfectly balanced, thoroughly advertisements represent, directly or plaint; and the Commission having made tested under actual feeding conditions so its findings as to' the facts and its con­ through inference, (1) that better cattle clusion that said respondent has violated as to insure better and more economical and sheep are produced by feeding re­ the provisions of the Federal Trade results regardless of feeding conditions; spondent’s product Red Anchor Cattle and that they will give maximum produc­ and Sheep Chunkets than are produced Commission Act: tion for the least cost over a long period It is ordered, That the respondent, by feeding other products; and (2) that Maurice J. Engel, his representatives, of time; prohibited. (Sec. 5,38-Stat. 719, its product All Mash Turkey Starter con­ agents, and employees, directly or a3 amended by sec. 3, 52 Stat. 112; 15 tains a special mineral balance and a through any corporate or other device in U.S.C., sec. 45b) [Cease and desist or­ greater quantity of Vitamins A and D connection with the offering for sale, der, Bewley Mills, Docket 4739, Septem­ than do other mashes, and that it will sale, and distribution of knives or knife ber 21, 19421 produce more No. 1 turkeys than will be blades for use by the fur industry, or § 3.6 (a 10> Advertising falsely or mis- produced through the use of other turkey other similar products, in commerce as leadingly^—Comparative data or merits: mashes; prohibited. (Sec. 5, 38 Stat. “commerce” is defined in the Federal § 3.6 Cc) Advertising falsely or mislead­ 719, as amended by sec. 3, 52 Stat. 112; Trade Commission Act, do forthwith ingly—Composition of goods: § 3.6 (t) 15 U.S.C., sec. 45b), [Cease and desist cease and desist from: Advertising falsely or misleadingly— order, Bewley Mills, Docket 4739, Sep­ (1) Representing, directly or by im­ Qualities or properties of product: tember 21, 1942] plication, that respondent’s knife blades § 3.6 (x) Advertising falsely or mislead­ At a regular session of the Federal made from rolled carbon steel are com­ ingly—Results. In connection with offer, Trade Commission held at its office in 7552 FEDERAL REGISTER, Friday, September 25, 1942 the City of Washington, D. C., on the commercial feeds sold for egg produc­ produced by the Yale Mine, Mine Index 21st day of September, A. D. 1942. tion; that it increases hatchability of No. 584, operated by the Cornell Coke This proceeding having been heard by eggs, the vigor and vitality of laying hens, Company,1 in Monongalia County, West the Federal Trade Commission upon the and insures stronger chicks; that it con­ Virginia, in District 3 from the classifi­ complaint of the Commission, the answer tains all the essential food elements for cation “J ” to a dual classification of of the respondent and a stipulation as to greater production and is higher in Vita­ “DJ” in Size Groups Nos. 1 to 10, inclu­ the facts entered into by counsel for min G content than are competitive sive, for rail shipment; “D” classification, respondent herein and counsel for the products; that numerous tests disclose to apply to coal of any size group pro­ Commission, which provides, among that it takes less of said product to pro­ duced in this mine having a sulphur other things, that without further evi­ duce a given number of eggs than it takes content of 1.35 percent or under, irre­ dence or other intervening procedure the of other feeds; and that the amount of spective of the use for which it is sold, Commission may issue and serve upon such product used may be reduced and and “J ” classification to apply to the the respondent herein findings as to the still produce more eggs than would be coal of any size group if the sulphur con­ facts and its conclusion based thereon produced by other egg mash feeds. tent is in excess of 1.35 percent. Peti­ and an order disposing of the proceed­ (e) That better cattle and sheep are tioner also requested the establishment ing, and the Commission having made produced by feeding its product Red of a “B” classification for the coals of its findings as to the facts and its con­ Anchor Cattle and Sheep Chunkets than this mine in Size Groups Nos. 11 to 16, clusion that said respondent has violated are produced by feeding other products. inclusive. the provisions of the Federal Trade Com­ (f) That its product All Mash Turkey Pursuant to appropriate orders and af­ mission Act; Starter contains a special mineral bal­ ter due notice to interested persons, a It is ordered, That the respondent,' ance and a greater quantity of Vitamins hearing in this matter was held on Au­ Bewley Mills, a corporation, its officers, A and D than do other mashes, and that gust 20, 1942, before W. A. Cuff,2 a duly representatives, agents and employees, it will produce more No. 1 turkeys than designated Examiner of the Division, at directly or through any corporate or will be produced through the use of other a hearing room thereof, in Washington, other device, in connection with the turkey mashes. D. C. Interested persons were afforded offering for sale, sale or distribution of 2. Disseminating or causing to be dis­an opportunity to be present, adduce evi­ its poultry and stock feeds designated seminated any advertisement by any dence, cross-examine witnesses, and Red Anchor Feeds, whether sold under means for the purpose of inducing or otherwise be heard. The petitioner and the same name or any other name, do which is likely to induce, directly or in­ the Bituminous Coal Consumers’ Coun­ forthwith cease and desist from; directly, the purchase in commerce, as sel appeared at the hearing. The prepa­ 1. Disseminating or causing to be dis­“commerce” is defined in the Federal ration and filing of a report by the Ex­ seminated any advertisement by means Trade Commission Act, of its said poultry aminer was waived by the parties, and of the United States mails, or by any and stock feeds designated Bewley’s Red the record was thereupon submitted to means in commerce, as “commerce” is Anchor Feeds, which advertisement con­ the undersigned. defined in the Federal Trade Commission tains any of the representations prohib­ The Cornell Coke Company, which op­ Act, which advertisement represents ited in paragraph 1. erates the Yale Mine, Mine Index No. 584 directly or through inference: It is further ordered, That respondent in District 3, is engaged in the production (a) That its products designated Red shall, within sixty (60) days after serv­ of coke. The beehive coke ovens from Anchor Broiler Starter and Broiler ice upon it of this order, file with the which the coke is produced are adjacent Finisher as feed for chicks raised for Commission a report in writing setting to this mine. The coke is shipped to broilers give better and more economical forth in detail the manner and form in thp Bethlehem Steel Company and the results than can be obtained from the which it has complied with this order. Jraies and Laughlin Steel Company. The use of other feeds; that its said product By the Commission. coal production of this mine within the Red Anchor Broiler Finisher as a feed [seal] Otis B. J ohnson, last few months has steadily increased for chicks six to seven weeks old, there­ Secretary. so that at the present time it is produc­ tofore fed its product Red Anchor Broiler [F. R. Doc. 42-6486; Filed September 24, 1942; ing approximately 200 tons a day. The Starter, will cause total feed cost to be 11:37 a. m.] record shows that the coal produced lower and produce better broilers than from this mine is suitable for coke and will other feeds; that its product Red pther by-products. But while under the Anchor Starter Feed is perfectly bal­ “J ” classification this producer can make anced and contains every food element TITLE 30—MINERAL RESOURCES coke for others, it cannot successfully essential to insure a healthy start in sell its coal for by-product use to others life for baby chicks. Chapter III—Bituminous Coal Division and thus has no incentive to increase its (b) That the use of its products desig­ [Docket No. A—1516] production of coal over what it can use nated Red Anchor Feeds will result in for its own beehive coke ovens. the highest production at the lowest cost P art 323—Minim um P rice S chedule, Daniel T. Buckley, Chairman of Dis­ for poultry; that said feeds are perfectly D istrict No. 3 trict Board 3, testified in support of the balanced, thoroughly tested under actual DISTRICT NO. 3—CORNELL COKE CO. request for the establishment of a dual feeding conditions so as to insure better “DJ” classification as well as a “B” classi­ and more economical results regardless Findings of fact, conclusions of law, fication for this mine. Upon cross-exam­ of feeding conditions; and that they will memorandum opinion, and order of the ination, however, he admitted that the give maximum production for the least Acting Director in the matter of Bi­ establishment of a “DJ” classification cost over a long period of time. tuminous Coal Producers Board for Dis­ would be granting this code member an (c) That its product Red Anchor Chick trict 3, for preliminary and permanent advantage! over other producers in Dis­ Starter, containing Vitamin D elements, relief regarding the establishment of trict 3 operating mines in the Freeport insures lower mortality, more rapid additional price classifications and min­ Seam. He admitted that in District 3 growth, sturdier and stronger chicks imum prices for the Yale Mine, Mine In­ than are obtained through the use of dex No. 584, of Cornell Coke Company. ‘ This mine was formerly known as the other starter feeds. This proceeding was instituted upon a “Reedrun Mine” and was first operated by (d) That its product Red Anchor Egg petition duly filed with the Bituminous the E-Z Fuel Company (C. F. Edwards), and Mash feed, in combination with its prod­ Coal Division (the “Division”), on June later by the Rock Forge Coke Company, for 23, 1942, by the Bituminous Coal Pro­ the coals of which mine, In an order dated uct Red Anchor Hen Scratch, contains August 20, 1941, in Docket No. A-981, 6 F. R. every essential food element, gives the ducers Board for District No. 3 (“District 4607, “J” classification was established. highest feeding results, and produces Board 3”), pursuant to section 4 II (d) 9 Charles S. Mitchell was first desigated as eggs of the highest quality; that it con­ Of the Bituminous Coal Act of 1937 (the the examiner for this matter. In an order tains a greater proportion of certain es­ “Act”) . The petitioner requested a Issued by the Acting Director on August 19, sential feed ingredients than do other change in the classification of the coals 1942, Examiner Cuff designated vice Mitchell. only producers In the Pittsburgh Seam this producer to sell his coal on the by­ Since the establishment of a “B” classi­ and will effectuate the purposes of sec­ have dual classifications.8 He stated product market and thus solve the code fication would not in any way disturb tions 4 II (a) and 4 II (b) of the Act further that the granting of a “B” classi­ member’s immediate problem. present price coordination and existing and comply with the standards thereof. fair competitive opportunities, but will Now, therefore, it is ordered, That fication for the Yale Mine would enable of demarcation for the purposes of this classi­ § 323.6 (.Alphabetical list of code mem­ fication be drawn as to the sulphur content. afford this code member a fair opportu­ bers') is amended by adding thereto 8 The Examiners in their Report in General Coals of “DE” or “DF” mines with a sulphur nity to sell his coal in the by-product Docket No. 15 pointed out that the Bitumi­ content of 1.35 per cent, irrespective of the Supplement R. which supplement is nous Coal Code, under the National Industrial use for which they are sold, were recom­ market for which it is suitable, I find and hereinafter set forth and hereby made Recovery Act accorded the Pittsburgh Seam mended to be classified as “D”. The Director conclude that the establishment of “B” a part hereof. coals of District 3, when marketed for com­ ip his findings in General Docket No. 15 ap­ classification for the Yale Mine, Mine Dated: September 16, 1942. mercial purposes, a dual classification. proved and adopted this recommendation of (Examiners’ Report in General Docket No. 15, the Examiners. (Director’s Findings, Gen­ Index No. 584, in District 3, operated by [seal] D an H. W heeler, pp. 269-271. ) They recommended that a line eral Docket No. 15, pp. A73-A74) the Cornell Coke Company, is necessary Acting Director.

T emporary and Conditionally P inal E ffective M inim um P rices for District N o. 3

Note: The material contained in this supplement is to be read in the light of the classifications, prices, instructions, exceptions, and other provisions contained in Part 323, Minimum REGISTER, FEDERAL Price Schedule for District No. 3 and supplements thereto. FOR ALL SHIPMENTS EXCEPT TRUCK § 323.6 Alphabetical list of code members—Supplement R [Alphabetical listing of code members having railway loading facilities, showing price classification by size group numbers]

Mine Freight Size group Nos. Index Code member Mine name Seam Shipping point * Railroad origin Ne. group No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 18 16

684 Cornell Coke Company The (Joseph Yale...... M. V. Freeport_____ Rock Forge, W. Va... B&O...... 70 (*) (*) (*) O (*) (*) (*) C) (*) (*) BB B B BB Pursglove, Jr.).

•Indicates coal in this size group previously classified. 1942 25, September Friday, [F. R. Doc. 42-9452; Filed, September 23, 1942; 12:08 p. m.]

[Docket No. A-1599] coals of certain mines in District £To. 15; No. 12) is amended by adding thereto It is further ordered, That the relief and Supplement R-II, and § 335.24 (General herein granted shall become final sixty P art 335—M inim um P rice S chedule, It appearing that a reasonable show­ prices in cents per net ton for shipment (60) days from the date of this Order, D istrict No. 15 ing of necessity has been made for the into all market areas) is amended by unless it shall otherwise be ordered. ORDER GRANTING RELIEF, ETC. granting of temporary relief in the man­ adding thereto Supplement T, which No relief is granted herein for the ner hereinafter set forth; and supplements are hereinafter set forth coals of the Moss & Hill #2 Mine (Mine Order granting temporary relief and No petitions of intervention having and hereby made a part hereof. Index No. 1627) of code member Moss & conditionally providing for final relief in been filed with the Division in the above- It is further ordered, That pleadings Hill (E. M. Moss) or for the coals of the the matter of the petition of District entitled matter; and in opposition to the original petition in Floyd Mine (Mine Index No. 1623) of Board No. 15 for the establishment of The following action being deemed the above-entitled matter and applica­ code member Floyd Rouse for the reason price classifications and minimum prices necessary in order to effectuate the pur­ tions to stay, terminate or modify the set forth in the order severing that por­ for the coals of certain mines in District poses of the Act; t temporary relief herein granted may be tion of Docket No. A-1559 relating to No. 15. It is ordered, That, pending final dis­ filed with the Division within forty-five such coals from 7553 the remainder of the An original petition, pursuant to Sec­ position of the above-entitled matter, (45) days from the date of this Order, docket, designating such portion as tion 4 II (d) of the Bituminous Coal Act temporary relief is granted as follows: pursuant to the Rules and Regulations Docket No. A-1559, Part II and granting of 1937, having been duly filed with this Commencing forthwith, § 335.5 (Alpha­ Governing Practice and Procedure be­ Division by the above-named party, re­ betical list of code members) is amended fore the Bituminous Coal Division in temporary relief therein. questing the establishment, both tempo­ by adding thereto Supplement R-I and Proceedings Instituted Pursuant to sec­ Dated: September 16, 1942. rary and permanent, of price classi­ § 335.8 (Special prices—-(a) Oklahoma tion 4 II (d) of the Bituminous Coal Act [seal] Dan H. W heeler, fications and minimum prices for the “smithing coal” from production group of 1937. Acting Director. 7554 T emporary and Conditionally F inal E ffective M inim u m P rices for D istrict N o. 15 No te: The material contained in these supplements is to be read in the light of the classifications, prices, instructions, exceptions and other provisions contained in Part 335, Minimum Price Schedule for District No. 15 and supplements thereto. FOR ALL SHIPMENTS EXCEPT TRUCK § 335.5 Alphabetical list of code members—Supplement R-I [Alphabetical list of code members showing price classification by size group for domestic, commercial and industrial use]

Produc­ Freight Price classification by size group Mine tion origin Code member index Mine name group Shipping point Railroad group No. No. No. 1 2 3 4 5 6 7 8 9 M 11 12 13 14 16

Carr, Charles E. (Acme Goal Co.)*.. 1450 Acme #2_____ :...... 11. Tulsa...... StL-S.F___ 171 AA A A A A A A A A — MV...... Gray, C.,E.#...... 1147 Gray #2______12 Briartown______50 Speci il Pur pose 3oal—!Hacks mithing (See 325.8 (a) Suijplement R-l I) FEDERAL REGISTER/ REGISTER/ FEDERAL ♦Previously classified as truck mine in Docket A-973. * A is Market Area list price as listed in Price Schedule No. 1. # Previously classified as track mine in Price Schedule No. 1 in name of Neil P. LaFave. [Minimum prices f. o. b. mine for coal shipped by rail to destinations as shown]

§ 335.8 Special prices—(a) Oklahoma To Minne­ “smithing coal” from Production Group apolis & St. To al. Size Paul, Minn. other No. 12—Supplement R-n. Special pur­ & M. A. destina­ pose coal schedule—Part 2 (§ 335.8 (a) of No. 40 tions Minimum Price Schedule) Oklahoma Crushed Mine Run—Bulk____ 465 500 "smithing coal” from Production Group Crushed Mine Run—Sacked__ 1615 1650 No. 12. Lump—Over 2W ______515 550

1130 cents per ton may be deducted when buyer fur­ 1942 25, September Friday, nishes sacks. FOR TRUCK SHIPMENTS § 335.24 General prices in cents per net ton for shipment into all market areas—Supplement T

g s?o 0 à: Ö o Prod­ Q. Ir X X X 2" l> M Mine s X 1? X

uct X Code member index index Mine County X group & lk " x J * (R ) Mineran 3" xO 3" 3" lump à No. No. à I? 1 I I - 1 2 3 • 4 5 6 7 8 9 10 11 12 13 14 16

1628 6 345 345 345 345 345 335 335 335 1396 Ruddell Pit #2...... 2 250 250 250 250 225 210 195 190 210 185 185 170 170 150 35 1620 J& P__...... 1 260 260 260 260 235 220 205 210 220 195 170 155 155 135 35 1619 3 230 230 230 230 215 205 195 185 210 180 185 170 170 110 35 Wastell R. J. (Wastell Construction Co.)__ .... 1618 Wastell____... _____ 2 Henrv, M o. . . . _ 250 250 250 250 225 210 195 190 210 185 185 170 170 150 35

[F, R. Doc. 42-9453; Filed, September 23, 1942; 12:07 p. m.] / ■' /

\ ^ FEDERAL REGISTER, Friday, September 25, 1942 7555 TITLE 32—NATIONAL DEFENSE (1) “Casket” means a container in (ii) Handle hardware for caskets con­ which it is intended to place a human sisting of assemblies of bars, ears, arms Chapter VIII—Board of Economic corpse for interment. and tips which were completely fabri­ Warfare (2) “Shipping case” means a con­ cated prior to September 24, 1942; Subchapter A—General tainer, in which it is intended to place a (iii) During the period from Septem­ casket, containing a human corpse for ber 24, 1942 to December 23, 1942 inclu­ [Order 4] transportation. sive, joining hardware not exceeding 6 P art 800—Orders and D elegations of (3) “Burial vault” means a container pounds per casket may be used, provided Authority in which it is intended to place a casket that if the casket contains handle hard­ DELEGATION OF AUTHORITY REGARDING CON­ containing a human corpse for interment, ware assemblies of the types specified TRACT MATTERS and shall include “burial boxes.” in paragraphs (b) (1) (ii) and (b) (2) (4) “Manufacturer” means any indi­ (ii) of this order not more than 4 pounds To the Executive Director, Administra­ vidual, partnership, association, business per casket of joining hardware shall be tive Officer, and Chiefs of the Fiscal and trusté corporation, governmental corpo­ used, or Service Divisions, Regarding Contract ration or agency, or any organized group (iv) After December 23, 1942, joining Matters. of persons whether incorporated or not, hardware not exceeding 4 pounds per § 800.4 Order No. 4. Pursuant to the engaged in the production of caskets, casket may be used whether or not the authority vested in me, as Chairman of shipping cases, or burial vaults, or parts casket contains handle hardware assem­ the Board of Economic Warfare, by Ex­ made specifically for incorporation into blies of the types specified in paragraphs ecutive Order 9233, dated August 22,1942, caskets, shipping cases, or burial vaults. (b) (1) (ii) and (b) (2) (ii), provided 7 F.R. 6703, I hereby designate and au­ (5) “Production” means the fabrica­ that no more than 12 ounces of such 4 thorize the Executive Director of the tion or processing of raw material or of pounds shall be used for devices for re­ Board, the Administrative Officer, and, semi-fabricated material into caskets, movable handles. when specifically authorized by said Ad­ shipping cases, or burial vaults, or parts (3) On and after September 24, 1942, ministrative Officer, the Chiefs, respec- made specifically for incorporation into no manufacturer shall use more than one , litf AUI caskets, shipping cases, or burial vaults coat of nitrocellulose lacquer, either (and, in their absence, the persons desig­ or the assembly of finished parts into spray or brush, on joining hardware. nated by any of such officers to act for caskets, shipping cases or burial vaults. (c) Restrictions on production of them), to perform and exercise all of the (6) “Iron and steel used” means the metal liners. (1) On and after Septem­ powers and functions vested in me by the weight of iron and steel in the aggregate ber 24, 1942, no manufacturer shall use aforesaid Executive Order. contained in finished caskets, shipping any metal other than iron and steel in the production of metal liners, except: H. A. W allace, cases or burial vaults, or in parts made Chairman. specifically for incorporation into caskets, (1) Lead to be used for gaskets; S eptember 22,1942. shipping cases or burial vaults. (ii) Lead to be used for soldering pur­ (7) “Metal liner” means a metal con­ poses, provided that such lead shall not [F. R. Doc. 42-9494; Filed, September 24,1942; contain more than 16% of tin by weight; 12:01 p. m.] tainer which is inserted into a wooden casket in order to provide hermetical (iii) Galvanized steel, terne sheet, or sealing, copper bearing steel. Chapter IX—War Production Board (2) No manufacturer shall, after Sep- (8) “Metal” means metal or metallic tembér 24, 1942, process, fabricate, work Subchapter B—Director General for Operations substances in any form and shall include metal or metallic substances contained on, or assemble any iron or steel for use Part 1076—P lumbing and H eating in powders, sprays, paints, pastes, plat­ in the production of metal liners, except S implification (i) Any iron or steel, the manufacture ings and finishes. or assembly of which was specifically [Amendment 1 to Schedule IV to Limitation (9) “Joining hardware” means screws, authorized by the granting of an appeal Order L-42] nails, rivets, hinges, panel braces, top sup­ by the Director of Industry Operations Paragraph (b) of § 1076.5 Schedule ports, fasteners, catches, escutcheons, or by the Director General for Opera­ IV to Limitation Order L-42 as amended, bolts, arms, and attaching plates for han­ tions prior to September 24,1942. effective June 1, 19421 is amended by dles, devices for removable handles and (ii) No more than 50 pounds per metal adding at the end thereof the following other small hardware for joining and liner of iron and steel or galvanized steel new subparagraph (3): similar essential purposes. not exceeding 26 standard gauge in thick­ (10) “Handle hardware” means hard­ ness, provided that any manufacturer (3) Cast iron soil pipe and fittings ware attached to the outside of a casket shall be uncoated. who possessed in his inventory prior to or shipping case for carrying purposes, March 28,1942, iron and steel, galvanized (PJD. Reg. 1, as amended, 6 FR. 6680; but does not include arms and attaching steel, terne sheet or copper bearing steel W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 plates for handles, and devices for remov­ exceeding 26 standard gauge in thick­ F.R 329; E.O. 9040, 7 F.R. {$7; E.O. 9125, able handles. ness may use more than 50 pounds of 7 F.R. 2719; sec. 2 (a), Pub. Law 671, 76th (b) - Restrictions on production of cas­such steel per me.tal liner. Cong., as amended by Pub. Laws 89 and kets. (1) On_and after September 24, (3) On and after September 24, 1942, 507, 77th Cong.) 1942, no manufacturer shall use any no metal liner shall be used except when metal, other than iron and steel, in the Issued this 24th day of September 1942. hermetic sealing is required. production of caskets, except: (1) To comply with a specific state Ernest K anzler, (1) Metallic finishing materials con­ law for the transportation or interment Director General for Operations. tained in his inventory prior to March of a human corpse; [F. R. Doc. 42-9481; Filed, September 24,1942; 28, 1942; (ii) By the Army or Navy of the United 11:17 a. m.] (11) Handle hardware for caskets con­ States. sisting of assemblies of bars, ears, arms, (d) Restrictions on production of ship­ and tips containing antimony, lead, P art 1125—Caskets, S hipping Cases and ping cases. (1) On and after Septem­ aluminum, or zinc which were completely ber 24, 1942, no manufacturer shall use B urial Vaults fabricated prior to March 28, 1942. any metal, other than iron or steel, in [General Limitation Order L-64, as Amended (2) No manufacturer shall, after Sep­ the production of shipping cases except September 24, 1942] tember 24, 1942, process, fabricate, work metallic finishing materials contained in Section 1125.1 * General Limitation on, or assemble any iron or steel for use his inventory prior to March 28, 1942. Order L-64 is hereby amended to read as in the production of caskets, except: (2) No manufacturer shall, after Sep­ follows: (i) Any iron or steel, the manufacture tember 24, 1942, process, fabricate, work § 1125.1 General Limitation Order or assembly of which was specifically on or assemble any iron or steel for use L-64—(a) Definitions. For the pur­ authorized by the granting of an appeal in the production of shipping cases, ex­ poses of this order; by the Director of Industry Operations cept or by the Director General for Operations (i) Any iron or steel, the manufacture ' 17 F.R. 2787. prior to September 24,1942; or assembly of which was specifically au- 7556 FEDERAL REGISTER, Friday, September 25, 1942

thorized by the granting of an appeal not less than two years, accurate and ments, agencies or governmental cor­ by the Director of Industry Operations complete records concerning inventories, porations of the United States or for the or by the Director General for Opera­ production and sales. exclusive use of any one or more persons; tions prior to September 24, 1942; (h) Audit and inspection. All records but such manufacturer may set aside (ii) Joining hardware, provided that required to be kept by this order shall, storage space for Portland cement tested the total amount of iron and steel so upon request, be submitted to audit and in accordance with the provisions of this used does not exceed two pounds per inspection by duly authorized represent­ order for the use in common by all de­ shipping case; atives of the War Production Board. partments, agencies and governmental (iii) Handle hardware for shipping (i) Reports. All persons affected- by corporations of the'United States, or for cases, provided that the total amount this order shall execute and file with the the use in common of all other pur­ of iron and steel so used shall not ex­ War Production Board such reports and chasers of such tested cement. ceed ZV2 pounds per shipping case. questionnaires as said Board shall from (3) On and after September 24, 1942, time to time request. Paragraph (a) (3) is amended by no manufacturer shall use more than (j) Violations. Any person wlA wil­ striking out paragraph (a) (3) and sub­ one coat of nitrocellulose lacquer, either fully violates any provision of this order, stituting therefor the following: spray or brush, on joining hardware or or who, in connection with this order, (3) Requirements for testing. A pur­ handle hardware for shipping cases. wilfully conceals a material fact or fur­ chaser of Portland cement may require (e) Restrictions on production of nishes false information to any depart­ tests of such cement, but such tests may burial vaults. (1) On and after Sep­ ment or agency of the United States, is only be made in accordance with “Fed­ tember 24, 1942, no manufacturer shall guilty of a crime, and upon conviction eral Specifications: Emergency Alternate use any metal other than iron or steel, may be punished by fine or imprisonment. Federal Specifications for Cement; Port­ in the production of burial vaults, except In addition, any such person may be pro­ land—Dated June 5, 1942, E-SS-C158a” metallic finishing materials contained in hibited from making or obtaining fur­ or “American Society for Testing Ma­ his inventory prior to March 2C, 1942. ther deliveries of or from processing or terials Specifications C 77-40”. Such (2) No manufacturer shall, after using material under priority control and tests shall be made only by a laboratory September 24, 1942, process, fabricate, may be deprived of priorities assistance. selected by the manufacturer of such work on or assemble any iron or steel (k) Appeal. Any appeal from the pro­ cement, which laboratory, however, shall for use in the production of burial vaults, visions of this order must be made on be either the National Bureau of Stand­ except: Form PD-500 and must be filed with the ards or a laboratory designated by the (i) Any iron or steel, the manufacture field office of the War Production Board National Bureau of Standards. or assembly of which was specifically of the district in which is located the authorized by the granting of an appeal plant to which the appeal relates. (P.D. Reg. 1, as amended, 6 F.R. 6680; by the Directo of Industry Operations (l) Communications. All reports re­ W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024; 7 or by the Director General for Opera­ quired to be filed hereunder and all com­ F.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, tions prior to September 24, 1942. munications concerning this order shall, 7 F.R. 2719; sec. 2 (a), Pub. Law 671, 76th (ii) Joining hardware, provided that unless otherwise directed, be addressed to Cong., as amended by Pub. Laws 89 and the total amount of iron and steel so the War Production Board, Washington, 507, 77th Cong.) used does not exceed two pounds per D. C., Ref.: L-64. Issued this 24th day of September 1942. burial vault; (m) Applicability of priorities regu­ Ernest Kanzler, (iii) Iron and steel not exceeding 15 lations. This order and all transactions Director General for Operations. pounds per concrete burial vault for re­ affected thereby are subject to all appli­ inforcing and fastening purposes, pro­ cable provisions of the Priorities Regula­ [F. R. Doc. 42-9478; Filed, September 24, 1942; vided that no manufacturer shall proc­ tions of the War Production Board, as 11:17 a. m.] ess, fabricate, work on or assemble any amended from time to time. concrete burial vault containing any iron (P.D. Reg. 1, as amended, 6 F.R. 6680; or steel after December 31, 1942. P art 3075—Copper Chemicals (3) On and after September 24, 1942, W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 no manufacturer shall use more than one F.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, [Amendment 1 to General Preference Order coat of nitrocellulose lacquer, either 7 F.R. 2719; sec. 2 (a), Pub. Law 671, 76th M—227] spray or brush, on joining hardware for Cong., as amended by Pub. Laws 89 and 507, 77th Cong.) Section 3075.1 General Preference Or­ burial vaults. der M-2271 is hereby amended in the (4) On and after September 24, 1942, Issued this 24th day of September 1942. following respects: no manufacturer shall procure or acquire any iron and steel for use as reinforcing Ernest K anzler, 1. By striking paragraph (b) (1) of material in the production of concrete Director General for Operations. said § 3075.1 and inserting in lieu thereof burial vaults except from other manu­ [P. R. Doc. 42-9479; Piled, September 24, 1942;' the following: facturers of concrete burial vaults. 11:17 a. m.J (1) On and after October 1,1942, sub­ (5) A manufacturer of concrete burial ject to the exemptions provided for in vaults may sell iron and steel for use as paragraphs (c) and (d) hereof, no pro­ reinforcing material in the production of P art 3033—P ortland Cement ducer or distributor shall deliver, and concrete burial vaults to other manufac­ no person shall accept delivery of, any turers of concrete burial vaults and any [Amendment 2 to General Limitation Order copper chemical except as specifically such sale shall be expressly permitted L-179] ^ authorized by the Director General for within the terms of paragraph (c) (2) Section 3033.1 General Limitation Operations upon application pursuant to (iii) of Priorities Regulation No. 13. Order L-1791 as amended on August paragraph (e) hereof. (f) Avoidance of excessive inventories. 24, 1942 is hereby further amended by No manufacturer of caskets, shipping striking out paragraph (a) (2) as 2. By striking from paragraph (c) of cases and burial vaults shall accumulate amended and substituting therefor the said § 3075.1 “The specific authorization for use in the manufacture of such following: provided for in paragraph (b) (1) hereof, caskets, shipping cases and burial vaults shall not be required with respect to the inventories of raw materials, semi-proc­ (2) Storage of cement by manufac­delivery by any producer or distributor essed materials, or finished parts in turers. On and after September 24, to any one person in any one month” and quantities in excess of the minimum 1942, no manufacturer of Portland ce­ inserting in lieu thereof the following: amount necessary to maintain produc­ ment shall set aside, or continue to set “The specific authorization provided for tion of caskets, shipping cases and burial aside, except during the testing period in paragraph (b) (1) hereof, shall not vaults at the rates permitted by this of such cement, any storage space for the be required with respect to the delivery order. storage of Portland cement for the ex­ by any producer or distributor to any (g) Records. All persons affected by clusive use of any one or more depart- one person in any one month, or to the this order shall keep and preserve, for 17 P.R. 5986, 6680. 17 F.R. 7146. FEDERAL REGISTER, Friday, September 25, 1942 7557 acceptance of delivery by any one person Wednesday, September 23, 1942, should prevailing between October 1 and Oc­ in any one month,”. read as follows: tober 15, 1941, inclusive, and has made 3. By striking from paragraph (c) (1) “(i) Any person who prior to June 8, adjustments of such relevant changes as of said § 3075.1 the letter and figures “(d). 1942 sold or delivered any officers uni­ he has determined and deemed to be of (2) (ii)” and inserting in lieu thereof form overcoat, short overcoat, raincoat, general applicability. the letter and figures “(e) (2) (ii)”. coat, blouse, trousers, slacks, or skirts, So far as practicable, the Price Ad­ 4. By adding a new paragraph to said but such person may be sold or delivered ministrator has advised and consulted §3075.1, designated paragraph (d) as only such items of officers uniforms: with representative members of the in­ follows: dustries which will be affected by this Provided, however, That such person may regulation. In the judgment of the Price (d) Special exemptions. (1) The spe­ be sold or delivered ready-to-wear offi­ Administrator, the maximum prices es­ cific authorization provided for in para­ cers uniforms made from wool cloths tablished by this regulation are, and will graph (b) (1) hereof, shall not be re­ described in paragraph (d) (2) and (3) be, generally fair and equitable, and quired with respect to the delivery by only until December 31, 1942;”. comply with the requirements of section any person other than a producer, of 3 and the other requirements of the any copper chemical to any person for Emergency Price Control Act of 1942, and use, or for resale for use, for soil treat­ Chapter XI—Office of Price will effectuate the purpose of said Act. ment or as an insecticide or fungicide, in Administration Therefore, under the authority vested connection with the cultivation of any Part 1407—Rationing of Food and F ood in the Price Administrator by the Emer­ agricultural crop, or to the acceptance Products gency Price Control Act of 1942 and in by any person of any copper chemical accordance with Procedural Regulation delivered pursuant to this paragraph (d) [Correction to Amendment 12 to Rationing Order 3 1] No. 12 issued by the Office of Price Ad­ (1). ministration, Maximum Price Regula­ (2) Each person seeking delivery of „ SUGAR RATIONING REGULATIONS tion No. 33 is hereby issued. any copper chemical pursuant to the pro­ visions of paragraph (d) (1) hereof, shall, § 1407.185 Products containing sugar Sec. at the time of placing his order therefor, manufactured for delivery to Army or 1307.51 Prohibition against the sale or sup­ Navy is renumbered § 1407.186 Products plying of carded cotton yarns or file with his supplier a certificate to the containing sugar manufactured for deliv­ the processing thereof at prices effect that the copper chemical covered above the maximum. by such order* will be used, or sold for ery to Army or Navy. 1307.52 Less than maximum prices. use, only for soil treatment or as an in­ Effective Date 1307.53 Adjustable pricing. secticide or fungicide, in connection with 1307.54 Export sales. § 1407.222 Effective dates of amend­ 1307.55 Reports. the cultivation of agricultural crops and ments. * * * 1307.56 Records. no person shall make any delivery of any (o) This correction to Amendment No. 1307.57 Transfer of business or stock In copper chemical pursuant to the pro­ 12 (§ 1407.186) shall become effective trade. visions of said paragraph (d) (1) unless September 23, 1942. 1307.58 Petitions for amendment. and until he shall have received such a 1307.59 Evasion. certificate with respect to each such (Pub. Law 421, 77th Cong. W.P.B. Dir. 1307.60 Enforcement. delivery. No. 1, and Supp. Dir. No. IE, 7 F.R. 1307.61 Applicability of other regulations. 562, 2965) 1307.62 Contracts of sale and invoices. 5. By changing the designation of par­ 1307.63 Exempt sales. agraphs (d), (e) and (f ) of said § 3075.1 Issued this 23d day of September 1942. 1307.64 Definitions. to “(e)”, “(f)” and “(g).” 1307.65 Effective date. 6. By adding to paragraph (d) (2) Leon Henderson, 1307.66 Appendix A: Maximum prices for Administrator. base-grade carded cotton yams. (ii) of said § 3075.1 (which paragraph 1307.67 Appendix B: Maximum prices for becomes (e) (2) (ii) by virtue of this [P. R. Doc. 42-9464; Piled, September 23, 1942; grey carded cotton yarns other amendment) the following: 1:56 p. m.] than base-grade. If a producer proposes to make deliv­ 1307.68 Appendix C: Maximum prices for eries pursuant to paragraph (d) (1) sales of stock yams; sales by hereof, the producer shall insert the Jobbers. heading “Agricultural Deliveries” in col­ Part 1307—Raw Materials for Cotton 1307.69 Appendix D: Maximum prices for Textiles processed carded cotton yarns and umn 1 after completing the list of all the processing thereof. other customers and shall list alphabeti­ [Maximum Price Regulation 33] Authority: §§ 1307.51 to 1307.69 inclusive, cally under such heading the name of CARDED COTTON TARNS AND THE PROCESSING issued under Pub. Law 421, 77th Cong. each customer to whom such deliveries THEREOF. are proposed to be made and shall com­ § 1307.51 Prohibition against the sale plete columns 2, 3, 4 and 5 with respect A statement of the considerations in­ or supplying of carded cotton yarns or to each such customer. volved in the issuance of this Maximum the processing thereof at prices above the (P.D. Reg. 1, as amended, 6 F.R. 6680; Price Regulation has been issued simul­ maximum, (a) No person shall sell or W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 taneously herewith and filed with the deliver carded cotton yarns and no per­ F.R. 329; E.O. 9040, 7 F.R. 527; E.O. Division of the Federal Register.* son shall sell or supply any processing 9125, 7 F.R. 2719; sec. 2 (a), Pub. Law The title, preamble and §§ 1307.51 to thereof at prices higher than the maxi­ 671, 76th Cong., as amended by Pub. Laws 1307.62, inclusive, of Revised Price Sched­ mum prices set forth in Appendices A, ule No. 331—Carded Cotton. Yarns—are B, C and D, incorporated herein as 89 and 507, 77th Cong.) amended, renumbered and reissued as §§ 1307.66 to 1307.69, inclusive. Issued this 24th day of September 1942. Maximum Price Regulation No. 33— (b) No person in the course of trade Ernest Kanzler, Carded Cotton Yams and The Process­ or business shall buy or receive carded Director General of Operations. ing Thereof. cotton yarns or any processing thereof at [F. R. Doc. 42-9480; Piled, September 24, 1942; In the judgment of the Price Adminis­ prices higher than the maximum prices 11:17 a. m.J trator, the prices of carded cotton yarns set forth in Appendices A, B, C and D, and the processing thereof have risen to incorporated herein as §§ 1307.66 to an extent and in a manner inconsistent 1307.69, inclusive. with the purposes of the Emergency Price (c) No person shall agree, offer, solicit Part 1243—Officers’ U niforms Control Act of 1942. The Price Admin­ or attempt to do any of the acts set forth [Preference Rating Order P-181, as Amended istrator has given due consideration to September 22, 1942] the prices of these yarns and services ♦Copies may be obtained from the Office of Price Administration. Correction *7 FJR. 2966, 3242, 3783, 4545, 4618, 5193, *7 P.R. 1267, 1837, 1836, 2000, 2132, 2737, Paragraph (g) (1) (i) of § 1243.1, ap­ 5361, 6057, 6084, 6473, 6828, 6937, 7289, 7321, 3160, 1837. pearing on page 7488 of the issue for 7406. * 7 F.R. 971, 8663, 6967. No. 180—— 2 7558 FEDERAL REGISTER, Friday, September 29, 1942 in paragraphs (a) and (b) above: Pro­ contracted for or received therefor, and Revised Price Schedule No. 58 as vided, That contracts entered into be­ showing separately the base-grade price amended3 shall not apply to sales of tween October 6,1941 and September 28, and any premium charged or discount carded cotton yarns and the processing 1942 at prices conforming to the maxi­ allowed. thereof for which maximum prices are mum prices established by Revised Price (b) Records to be kept by sellers of established in Appendices A, B, C and D, Schedule No. 333 may be carried out at processing services. Every person selling incorporated herein as §§ 1307.66 to the contract price. processing services on a job or commis­ 1307.69, inclusive. § 1307.52 Less than maximum prices. sion basis shall keep for inspection by the § 1307.62 Details required in con­ Prices lower than the maximum prices Office of Price Administration complete tracts of sale and invoices for sellers of established by the Maximum Price Regu­ and accurate records showing with re­ carded cotton yarns, (a) Every seller lation No. 33 may be charged, demanded, spect to each such sale: (1) the date, (2) of carded cotton yams shall, with respect paid or offered. the name and address of the purchaser, to every sale thereof, deliver to the pur­ (3) a description of the processing serv­ chaser a contract of sale which shall con­ § 1307.53 Adjustable pricing. No ices performed, and (4) the price per tain, in addition to the selling price and séller of carded cotton yarns or the proc­ pound contracted for or received there­ terms of sale, (1) the date on which the essing thereof shall enter into any agree­ for. sale or contract of sale was made, and ment permitting the adjustment of prices § 1307.57 Transfer of business or stock (2) a full description of the yarns sold, to prices which may be higher than the in trade. If the business, assets or stock including (i) the count, (ii) the ply, and maximum prices established herein in the in trade of a seller or processor of (iii) when in conformity with Maximum event that this Maximum Price Regula­ carded cotton yarns are sold or otherwise Price Regulation No. 33 a premium is tion No. 33 is amended or upon any other transferred on or after September 28, charged or a discount is allowed, a full contingency: Provided, That in an ap­ 1942, and the transferee oarries on the description of each feature of the yarn propriate situation when a petition for business, the maximum prices for sales for which a premium is charged or a amendment or for adjustment or excep­ by the transferee shall be the same as discount is allowed. tion requires extended consideration, the those to which sales by the transferor (b) Every seller of carded cotton yarns Price Administrator may upon applica­ would have been subject if no such trans­ shall with respect to each delivery there­ tion grant permission to the seller to fer had taken place and his obligation of, transmit to the purchaser an invoice agree with the buyer to adjust prices to keep records sufficient to verify such or similar document which shall contain upon deliveries made during the pend­ prices shall be the same as that of the the information required by paragraph ency of the petition in accordance with transferor. The transferor shall either (a) above or shall refer to the contract the disposition of the petition. preserve and make available, or turn over in which such information is set forth. § 1307.54 Export sales. The maxi­ to the transferee all records of transac­ § 1307.63 Exempt sales. The provi­ mum price at which a person may ex­ tions prior to the transfer which are nec­ sions of this Maximum Price Regulation port carded cotton yarns shall be deter­ essary to enable the transferee to com­ No. 33 shall not apply to: mined in accordance with the provisions ply with the provisions contained in the (a) Sales at retail; of the Revised Maximum Export Price Regulation. (b) Sales of carded cotton yarns by Regulation4 issued by the Office of Price § 1307.58 Petitions for amendment. persons other than the producers thereof Administration. Persons seeking modification of this for use as wrapping twine or for resale § 1307.55 Reports to be submitted to Maximum Price Regulation No. 33 or for ultimate use as wrapping twine; the Office of Price Administration, any adjustment or exception not pro­ (c) Sales of seine twine and other Washington, D. C., by sellers of carded vided for therein may file petitions for yarns produced by two-process twisting; cotton yarns. On or before the 10th day amendment in accordance with the pro­ (d) Sales of dyed carded cotton yarns of each calendar month commencing visions of Procedural Regulation No. 1 3 or of the dyeing thereof; and with October 10, 1942, each seller of issued by the Office of Price Administra­ (e) Sales of carded yarns composed of carded cotton yarns shall report all sales tion. cotton blended with other fibers. of carded cotton yarns made- during the § 1307.59 Evasion. The price limita­ § 1307.64 Definitions of terms used. preceding calendar month at prices tions set forth in this Maximum Price (a) When used in this Maximum Price above or below the applicable maximum Regulation No. 33 shall not be evaded, Regulation No. 33, the term: prices for base-grade yarn.: of the same whether by direct or indirect methods, in (1) “Person” includes an individual, number because of adjustments provided connection with an offer, solicitation, corporation, partnership, association, or in this regulation in § 1307.67. This re­ agreement, sale, delivery, purchase or re­ any other organized group of persons, or port shall show with respect to each such ceipt of or relating to carded cotton yams legal successor or representative of any sale: (a) the date, (b) the name and or the processing thereof alone or in of the foregoing, and includes the United address of the purchaser, (c) a com­ conjunction with any other commodity States or any agency thereof, or any plete description of the yarn sold includ­ or service, or by way of commission serv­ other government, or any of its political ing the number, ply and other specifica­ ice, transportation, or other privilege, or subdivisions, or any agency of any of the tions, (d) the quantity sold, and (e) the foregoing; price per pound contracted for or re­ by tying agreement or other trade under­ (2) “Carded cotton yarn” means grey ceived therefor, itemizing separately the standing, or otherwise. or processed yarns which are (i) com­ base-grade price, the increase or de­ § 1307.60 Enforcement. Persons vio­ posed of cotton, (ii) spun on the cotton crease in price made in accordance with lating any provision of this Maximum system and (iii) not subjected to comb­ § 1307.67 and the clause in accordance Price Regulation No. 33 are subject to the ing in the preparatory processes. This with which this adjustment was made. criminal penalties, civil enforcement ac­ term shall include wrapping twine and imported carded cotton yarns; § 1307.56 Records—(a) Records to be tions and suits for treble damages as pro­ (3) “Processed” means subjected to kept by sellers of carded cotton yarns. vided for by the Emergency Price Con­ any of the processing operations set Every person making sales of carded cot­ trol Act of 1942. ton yarns for commercial use after Sep­ forth in paragraph (a) (11) below; tember 27,1942, shall keep for inspection § 1307.61 Applicability of other regu­ (4) “Grey carded cotton yarns” means by the Office of Price Administration lations. This Maximum Price Regula­ carded cotton yarns which have not been tion No. 33 shall apply and the General subjected to any of the processing oper­ complete and accurate records showing ations set forth in paragraph (a) (ID with respect to each such sale: (1) the Maximum Price Regulation,3 Maximum below; date, (2) the name and address of the Price Regulation No. 165 as amended,'1 (5) “Base grade yarn” means grey purchaser, (3) the number, ply, and other ‘ Supra, note 2. carded cotton yarns of the following specifications of the yarn sold, (4) the •7 F.R. 3153, 3830, 3665, 3990, 3991, 4339, specifications: quantity sold and (5) the price per pound 4487, 4659, 4738, 5027, 5102, 5276, 5365, 5440, (i) Ply—Singles and plied. 5484, 5565, 5775, 5783, 5784, 6007, 6058, 6081, * Supra, note 1. 6216, 6615, 6794, 6939, 7093, 7322. *7 FR. 2543, 2580, 3088, 8271, 4117, 4296, * 7 F.R. 5059. * 7 F.R. 6428, 6966, 7249. 4299, 4428, 5512, 6494. FEDERAL REGISTER, Friday, September 25* 1942 .7559

(ii) Twist—Regular or reverse. of 1942 shall apply to other items used TABLE III—PREMIUM FOR SINGLE TWIST (iii) Turns per inch—(a) Yarns sold herein. Multiples1 Multiples as singles. Up to 4.74, inclusive, times § 1307.65 Effective date of Maximum Yam numbers (all numbers 4.76 to 5.25 the square root of the yarn number. Price Regulation No. 33. Maximum herein inclusive) 5.24 and up (b) Yarns sold after plying—(i) Sin­ Price Regulation No. 33 (§§ 1307.51 to gle twist—Up to 4.74, inclusive, times the 1307.69, inclusive) shall become effective Cents per Cents per square root of the yarn number. pound pound September 28, 1942. Up to 30s...... 0.95 1.35 (2) Plied twist—Up to 4.74, inclusive, 81s to 40s...... 1.35 1.90 times the square root of the single yarn § 1307.66 Appendix A: Maximum 2.00 2.75 equivalent. prices for base-grade carded cotton (iv) Put-up. Singles and plied— yarns—(a) Terms of sale—(1) Freight. 1 As used in the above table, “Multiple” means the Cones with yarn diameters at base of 6" The maximum prices established in this quotient of the number of turns per inch divided by the and over and traverses of all dimensions. Appendix A include freight up to one square root of the yarn number. Parallel tubes with yarn diameters of cent per pound to the purchaser’s place TABLE IV—PREMIUMS FOR PLIED TWIST 3 5" and over and traverses of all dimen­ of business. If the seller does not pay sions. such freight, the maximum price shall be that shown herein less freight (up to one Yam numbers (all numbers Multiples3 Multiples Round-tied skeins. inclusive) 4.75 to 5.25 (v) Cotton content. The specifica­ cent per i ound) at the lowest published 5.24 and up tions of the cotton in base-grade carded rate. (2) Credit terms. The terms of credit Cents per Cents per cotton yarns shall be American white pound pound Middling cotton of staple lengths not in applicable to sales of base-grade carded Up to 30s...... 0.65 0.75 excess of the staple lengths set forth cotton yarns shall be either (i) 2%—10th .85 1.05 below in Table I. proximo10 or (ii) 2%—30 days: Provided, 41s and up...... 1.05 1.20 That a seller shall employ with respect Table I. Maximum Staple Lengths for to all sales to a given purchaser only one 1 If the single as well as the plied twist of a plied yam Cotton U sed In B ase-Grade Carded exceeds that provided for in the specifications for base- of the above credit terms. grade yams, the applicable premium set forth in Table Cotton Yarns (b) Maximum prices. (1) The prices III, above, may be charged in addition to the premium for plied twist set forth in Table IV. Yarn number Staple length set forth below in Table II are maximum 3 See note l to Table III. Up to 16s_ __ £ 31/32" prices for sales of base-grade yarns. For 17s to 24s ___ 1 1/16" a yarn number intermediate between any (c) Premiums for puUups. The maxi­ 25s to 30s__ ___ 1 3/32" two appearing in Table n , the maximum mum prices for carded cotton yarns put- 31s to 40s______1 1/ 8" 41s and up_ ___ 1 5/32" price shall be that price obtained from up in a manner set forth below shall be this table by interpolation in accordance the applicable maximum price of the As used herein, the term “American with the -respective yarn numbers. yarn on a base-grade put-up adjusted cotton” means all kinds of cotton grown (2) TABLE II—BABE-GRADE YARNS in accordance with the following pre­ in the United States except Sea Island, miums: SXP and Pima, and the term “Middling” Cents per pound refers to the grade of cotton. Thus, for (1) Cones. Yam Numbers S ingle P ly Less than 6" in diame- Billed at gross the purposes of this Regulation, any ter and of the follow- weight subject grade of cotton inferior to Middling is ing sizes: to the following low-grade and any grade of cotton better 6s ...... 36.60 39 Rs ______. .. ______37 39.60 maximum than Middling is high-grade. 10 s ...... 87. 80 40 weight allow- (6) “Stock yarn” means carded cotton 1 2 s ______38.25 41.25 ances for paper 14s ...... 39 42 cones: yarns owned by a person independent of 16s...... 39.75 43.25 the producer or processor thereof and 18s : ...... 40.50 44 Standard 6" traverse stored in space (i) owned or leased by 20s ...... 41.25 45.26 cones_.______55 lbs. per 1000 such person on September 28, 1942 and 2 2 s ...... 42.25 46.25 cones. 24s...... 43.25 47. 25 Miniature 4" traverse located within 25 miles of his principal 26s...... 44. 25 48.75 28s...... 45.25 49.75 cones______37 lbs. per 1000 place of business or (ii) approved by the 30s...... 46.25 50.75 cones. Administrator, upon a duly filed petition 32s...... ' ...... 47.50 52.50 (2) Tubes. 34s...... 48.50 53.50 for adjustment in accordance with Pro­ 36s...... 49.50 54.50 (i) Tubes other than Billed at gross cedural Regulation No. 18 as a stock- 3 8 s...... 50.50 65.50 perforated, less than weight subject yam warehouse established to carry out 61. 50 56. 50 5" in diameter and of to the f¿Rowing 4 2 s ...... 53 58 the following sizes: maximum a legitimate distributive function; 44s...... 64. 50 59.50 (7) “Thread yarn” means carded cot­ 46s...... 66 61 weight allow- 48s ...... 67.50 62.50 ances for the ton yarns sold to a producer or converter 59.50 64.50 weight of the for use solely in the production of sewing tubes: thread; Standard 6" traverse (8) “Producer” means any person who § 1307.67 Appendix B: Maximum tubes______... _50 lbs. per 1000 owns, operates or controls a factory, prices for grey carded cotton yarns other tubes. plant or mill in which grey carded cotton- than base-grade—(a) Applicability of Miniature 4" traverse yarns are spun and includes any agent this Appendix to the other provisions of tubes______19% lbs. per 1000 or representative of the foregoing; Maximum Price Regulation No. 33. The tubes. (9) “Processor” means any person who maximum prices for carded cotton yarns (ii) Perforated tubes. Cents per lb. mercerizes, bleaches or gasses carded of other than base-grade specifications Perforated tubes and cotton yams; shall be the prices set forth in Appendix springs______1.0 A, incorporated herein as § 1307.66, ad­ Perforated dye tubes (10) “Jobber” means a person at least with socks_____/___ 2.0 75 percent of whose sales of carded cot­ justed in accordance with the provisions (3) Multiple end cones or tubes. ton yarn during the calendar month pre­ of this Appendix B. (Any number of ends)__...______1.0 ceding any given transaction consisted (b) Premiums for twist. For turns (4) Skeins. of stock-yarn sales; per inch exceeding the range provided Single figure 8______./ 0. 5 (ID “Processing” means mercerizing, for in the specifications for base-grade Double figure 8___ .______. 1.0 bleaching or gassing. yarns, premiums may be charged in (5) Warps. accordance with the following tables: Chain or ball warps______1.0 (b) Unless the context otherwise re­ Warp on section beams or jack spools quires, the definitions set forth in section “ Under terms of 2%—10th proximo, in­ (including freight one way)______1.5 302 of the Emergency Price Control Act voices rendered after the 24th day of any Slashed warp on loom beams (Premium month shall not be due until the 10th day of includes charges for beaming and 8 Supra, note 2. the second month thereafter. slashing and freight both ways)—. - 3.0 7560 FEDERAL REGISTER, Friday, September 25, 1942

(6) Cop winding. The premiums for cop the tensile specifications required in the That the maximum prices for sales of winding shall be applicable to the yam by the purchaser may file a petition single numbers listed below of their stock yarn by jobbers under the following equivalent in plied yarns. for adjustment of his maximum price circumstances shall be the applicable Yam up to 2:5/1______2.0 in accordance with §§ 1300.38 to 1300.41, maximum prices determined in accord­ Yarn up to 2.51/1 to 3.99/1______3.0 inclusive, of Procedural Regulation No. ance with this Maximum Price Regula­ Yarn of 4/1 and finer______5.0 1.“ This petition shall set forth the tion No. 33 plus the premium provided (7) Thread yam. 6% of the applicable following with respect to such yarn: below. maximum price may be added: Pro­ (a) Evidence to show the existence of TABLE V—PREMIUMS FOR SALES OF vided, That no such premium may be each of the conditions set forth above; charged unless the seller receives and STOCK YARN BY JOBBERS maintains for inspection by the Office (b) The number, ply and other speci­ Sales in which premiums are of Price Administration a statement fications of the yam; allowed Premium from the purchaser that the yarn is (c) The present maximum price there­ Sales of broken case1 lots in quantities to be used solely in the manufacture for determined in accordance with this of 1500 pounds or less per calendar of sewing thread. Maximum Price Regulation No. 33; month to a given customer______io% (d) Premiums for knotless and lap­ (d) The adjusted maximum price re­ Sales of broken case lots in quantities quested by the petitioner; and in excess of 1500 pounds per calendar less yarns. The maximum prices for month: (Provided, That in no event carded cotton yarns which are both (e) Evidence to show how this price was determined. shall sales of broken case lots ir­ knotless and lapless shall be the appli­ respective of quantity per sale exceed cable maximum price for the base-grade (2) Petitions for adjustment for yarns 15,000 pounds in any calendar month yarn adjusted in accordance with the composed of a higher grade than mid­ to all of the seller’s customers.)___ 5% following premiums: dling cotton or of Sea Island, SXP or Sales of 1 to 3 unbroken cases: Pro­ Cents per lb. Pima cotton. Any producer who (i) pro­ vided, That a Jobber may not charge Up to and including 16s______2.0 duces carded cotton yarn composed in this premium in connection with Above 16s______3.0 whole or in part of cotton of a higher sales in any one calendar month in grade than middling cotton or of Sea excess of 3000 pounds to the same (e) Premiums for wrapping twine. Island, SXP or Pima cotton and (ii) customer or 20,000 pounds to all of The maximum price for yarn produced shows that the use of such cotton is his customers______5% by single process twisting for ultimate necessitated by the specifications re­ 1 As used in this Table V, the term “broken use as wrapping twine shall be the ap­ quired in the yarn by the purchaser case” means a case from which at least 25 plicable maximum price for the ply yarn thereof may file a petition for adjust­ per cent of the contents have been removed. plus the following premiums: ment of his maximum price in accord­ § 1307.69 Appendix D: Maximum Balls: Cents per lb. ance with §§ 1300.38 to 1300.41, inclu­ prices for processed carded cotton yarns 8 oz. (bulk)______0. 5 sive, of Procedural Regulation No. I.18 and the processing thereof—(a) Applica­ 8 oz. (package or sacks)______1. 5 This petition shall set forth the follow­ bility of this appendix to the other pro­ 6 to the pound (bulk)______1.0 visions of Maximum Price Regulation No. 6 to the pound (package or sacks) ___ 2.0 ing with respect to such yarn: Tubes: (a) Evidence to show the existence of 33. The maximum prices for processed 50 pounds, many ends______0. 5 each of the conditions set forth above; carded cotton yarns shall be the prices Reels; (b) The number, ply and other specifi­ set forth in Appendix A (§ 1307.66) as 50 pounds, many ends______0.5 cations of the yarn; adjusted by the provisions of Appendix Single end______3.0 (c) The present maximum price there­ B (§ 1307.67) plus the appropriate pre­ (f) Discounts for yarns spun of tinged for determined in accordance with this mium set forth below in Table VII. or low-grade cotton and/or cotton waste Maximum Price Regulation No. 33; (b) Terms of sale—(1) Freight. The alone or in combination with cotton. (d) The adjusted maximum price re­ maximum prices established in this Ap­ The maximum price for yarns composed quested by the petitioner; and pendix D include freight up to one cent in whole or in part of tinged or low- (e) Evidence to show how this adjusted per pound to the purchaser’s place of grade cotton and/or cotton waste alone price was determined. business. If the processor does not pay or in combination with cotton shall be a such freight, the maximum price shall price in line with the maximum price § 1307.68 Appendix C: Maximum be that shown herein less freight (up to set forth herein for base-grade yarn of prices for sales of stock yarn; sales by one cent per pound) at the lowest pub­ the same number. As used in this sub- jobbers-^-(a) Terms of sale—(1) Freight. lished rate. paragraph, the term “in line” with means The freight terms for sales of stock yam (2) Credit terms. The terms of credit having a justifiable relation to the maxi­ shall be (i) for sellers located in New applicable to sale of processing services mum price for base-grade yarn of the York City, free in the Greater New York shall be either (i) 2%—10th proximo or same number with commensurate de­ Metropolitan Area and f. o. b. New York (ii) 2%—30 days: Provided, That a creases due to actual differences in the City for deliveries outside this area and processor shall employ with respect to all type, kind, classification, trade, condi­ (ii) for sellers not located in New York sales to a given purchaser only one of tion, quality and cost of the raw mate­ City, f. o. b. seller’s point of shipment. the above credit terms. rials. (2) Credit terms. As applied to sales (c) Maximum prices for mercerizing, (g) Premiums for carded cotton yarns and deliveries of stock yarns, the terms bleaching and/or gassing—(1) Explana­ composed of cotton of higher than base- of credit shall be either (i) 2%—10 days tion of Table VI—(i) Quilling, winding grade cotton specifications: Petitions for E. O. M. or (ii) 2%—30 days: Provided, and handling charges. The maximum adjustment to be filed with the Office of That a seller shall employ with respect to prices set forth below include all charges Price Administration, Washington, all of his sales to a given purchaser only for quilling, cone winding and special D. C.—(1) Petition for adjustment for one of the above terms. handling: Provided, That if the processor yarns composed of cotton of longer than (b) Maximum prices for sales of stock does not quill or wind, his maximum price base-grade staple length. Any producer yarn. The maximum prices for sales of shall be the price shown herein less his who (i) produces carded cotton yarn stock yarn shall be the prices set forth customary charge for quilling or winding. composed of cotton of a longer staple in Appendix A (§ 1307.66), subject to ap­ (ii) Long chain bleaching done alone. than the applicable staple lengths set propriate adjustment by the provisions The maximum prices set forth below may of Appendix B (§ 1307.67): Provided, be charged only when bleaching is per­ forth in § 1307.64 (a) (5) (v) of this formed on long chains and is the sole regulation and (ii) shows that the use u Supra, note 2. processing operation. of such cotton is reasonably related to 18 Supra, note 2. (2) Maximum prices. FEDERAL REGISTER, Friday, September 25, /fctë 7561

table VI—m ax im u m fbices fob mebcebizing , bleaching a n d /ob gassing Chapter IV—War Shipping [Amount—cents per pound] Administration P art 806—General Agents and Agents Singles Flied [General Order 12, Supp. 7] BERTH SUB-AGENT DEFINED Bleaching Yam No. done alone Long chain Merceriz­ Bleaching Long chain Section 306.5 (a)1 (Subparagraph (a) Mercer­ or in con- bleaching Mercer­ bleaching Gassing izing Junction done izing ing and done done of General Order No. 12 (Part I)), as with mer­ alone bleaching alone alone amended by Supplement No. 1 thereto, is cerizing hereby amended to read as follows: Up to 20s...... - 25 12.0 15.25 13.5 19.0 12.0 15.25 3.0 § 306.5 Sub-agents defined, (a) Berth ais-SOs______28 13.6 17.0 15.0 21.5 13.6 17.0 3.0 sub-agent defined. A berth sub-agent is 30 15.25 19.0 10.5 25.0 15.25 19v 0 3.0 32 17.0 20.5 18.0 25.5 17.0 20.5 4.0 an operator of United States flag vessels 41s and up------who is recognized by the War Shipping Administration as a regular berth oper­ (d) Maximum prices for mercerized, added to the price of yarn which is ator in a certain service, and who has bleached, and/or gassed yarns—(1) Ex­ bleached, except that no shrinkage al­ been designated by the War Shipping Ad­ planation of Table VII—(i) Quilling, lowance shall be permitted where plied ministration as eligible for appointment winding and handling charges. The yarn has been mercerized and bleached. by an agent or general agent as a sub­ premiums set forth below include all An amount equal to 2% per cent of the agent to perform such services of the charges for quilling, cone winding and maximum price for the grey yarn may be agent or general agent as may be agreed special handling: Provided, That if the added to the price of plied yarns which upon for a vessel while it is operated in processor does not quill or wind, his max­ have been gassed. the regular service of the berth operator. imum price shall be the price shown (iii) Long chain bleaching done alone. Berth sub-agents shall receive as com­ herein less his customary charge for The premium set forth in Table VII be­ pensation 80% of the compensation as quilling or winding. low may be charged only when bleaching provided in paragraph 7 of General Or­ (il) Shrinkage allowances. An is performed on long chains and is the der No. 12 (§ 306.7), which compensation amount equal to 3 per cent of the maxi­ sole processing operation. shall become effective at the commence­ mum price for the grey yarn may be (2) Maximum prices. ment of all voyages begun after midnight, local time, June 30, 1942, and, as to any TABLE VII—PREMIUMS FOB MEBCEEIZED, BLEACHED, AND/OB GASSED YAENS voyage then in progress, when the vessel is next free of cargo on board at that [Premium—cents per pound] time. For services rendered by berth sub-agents prior to the effective date of Singles Plied the compensation herein provided, such berth sub-agents shall receive the com­ Bleaching pensation authorized by the Administra­ Yam No. done alone Long chain Merceriz­ Bleaching Long chain Mercer­ or in con­ bleaching Mercer­ ing and done bleaching Gassing tor at the time the services were ren­ izing junction done izing bleaching done with mer­ alone alone alone dered. The compensation of berth sub­ cerizing agents shall be collected from the agent or general agent. Up to 20s______26 12.0 15.25 15.0 22.0 12.0 15.25 3.0 Section 306.12 (b), (c), and (d). (Sub- Sls-30s...... 29 13.5 17.0 16.75 25.0 13-5 17.0 3.0 31s-40s...___... 31 15.25 19.0 18.5 27.5 15.25 19.0 3.0 paragraphs (b), (c), and (d) of para­ 41s and up_____ 33.5 17.0 20.5 20.0 29.0 17.0 20.5 4.0 graph 12 of General Order No. 12 (Part I) ) are hereby cancelled and the follow­ Issued this 24th day of September 1942. ing substituted therefor: Leon Henderson, (b) Where a vessel is assigned to one Administrator. person as agent or general agent and another person as berth sub-agent, the [F. R. Doc. 42-9495; Filed, September 24, 1942; 11:56 a. m.] berth sub-agent shall account to the agent or general agent for all income and expenses (including the berth sub-agent’s compensation and that paid by him to TITLE 46—SHIPPING (Vessels Arriving at United States Ports)1 foreign sub-agents as voyage expenses). and the attached U. S. Maritime Com­ (c) Each agent and general agent shall Chapter II—United States Maritime mission, Division of Economics & Statis­ account directly to the Administration Commission tics, War Shipping Administration, Divi­ for the income and expenses of the ves­ sion of Statistics & Research, Form 7802 sels operated, and render monthly in­ Part 222—Statements and Agreement Revised September, 1942, Cargo Report voices to the Administration for their Required T o Be F iled and Vessel Performance Summary (Ves­ compensation. [General Order 39, Amended, Supp. 1] sels Departing from United States [seal] E. S. Land, ORDER REVISING FORMS Ports),1 are hereby approved, Administrator. These forms shall become effective on S eptember 22, 1942. General Order No. 39, amended (6 F.R. October 15, 1942. 5899) is hereby amended as fqllows: [F. R. Doc. 42-9496; Filed, September 24, 1942; Strike out § 222.2 Revised forms of By order of the United States Maritime 11:48 a. m.] cargo and passenger reports approved, Commission. and insert in lieu thereof the following: [seal] W. C. Peet, Jr., Secretary. § 222.2 Revised forms of cargo report S eptember 22, 1942. P art 306—General Agents and Agents and vessel performance summary ap­ [General Order No. 21] proved. The attached U. S. Maritime [F. R. Doc. 42-9493; Filed, September 24,1942; Commission, Division of Economics & 11:54 a. m.] SERVICE AGREEMENT FORM Statistics, War Shipping Administration, 1 Filed as part of the original document. Whereas by Executive Order No. 9054, Division of Statistics & Research, Form Copies of the forms referred to may be ob­ dated February 7, 1942, the President 7801 Revised September, 1942, Cargo Re­ tained upon request from the Collector of port and Vessel Performance Summary Customs. * 7 F JR. 6584. 7562 FEDERAL REGISTER, Friday, September 25> 1942 established the War Shipping Adminis­ United States, in accordance with such direc­ to enter into the agreement, and that the tions, orders, or regulations as the latter has General Agent assumes no liability with tration to assure the most effective utili­ prescribed, or from time to time may pre­ respect to the goods described therein or the zation -of the shipping of the United scribe, and upon the terms and conditions transportation thereof. States for the successful prosecution of herein provided, of such vessels as have been Art. 3B. The General Agent agrees, with­ the war; and or may be by the United States assigned to out prejudice to its rights under the provi­ Whereas the United States of America, and accepted by the General Agent for that sions of Articles 8 and 16 hereof, to: acting by and through the Administrator, purpose. (a) Perform the duties required to be per­ War Shipping Administration, has ap­ Art. 3A. To the best of its ability, the formed by it hereunder in an economical pointed certain agents and general General Agent shall for the account of the and efficient manner, and exercise due dili­ agents, and will from time to time ap­ United States: gence to protect and safeguard the interests point additional ones, to conduct the (a) Maintain the vessels in such trade or of the United States in all respects and to service as the United States may direct, sub­ avoid loss and damage of every nature to the business of vessels assigned to such ject to its orders as to voyages, cargoes, pri­ United States; agents under forms of Service Agree­ orities of cargoes, charters, rates of freight (b) Exercise due diligence to see that all ments (TCA-4/4/42 and GAA-4/4/42), and charges, and as to all matters con­ Bills of Lading are properly issued, all wharf approved by the Administrator on April nected with the use of the vessels; or in the receipts for freight are nonnegotiable, and, 8, 1942, and absence of such orders, the General Agent where required, a freight contract or permit Whereas it is desirable for agents and shall follow reasonable commercial practices; is issued for each shipment; (b) Collect all moneys due the United (c) Furnish and maintain during the pe­ general agents to appoint berth sub­ riod of this Agreement, at its own expense, agents to perform the functions of the States under this Agreement and deposit, re­ mit, or disburse the same in accordance with a bond with sufficient surety, in such amount agent or general agent under certain such regulations as the United States may as the United States shall determine, such circumstances; and prescribe from time to time, and account to bond to be approved by the United States Whereas the Administrator deems it the United States for all moneys collected or as to both sufficiency of surety or sureties appropriate to issue the following Order disbursed by it or its agents; and form, and to be conditioned upon the (c) Equip, victual, supply and maintain the due and faithful performance of all and concerning the handling of vessels as­ singular the covenants and agreements of signed to agents and general agents un­ vessels, subject to such directions, orders, the General Agent contained in this Agree­ der service agreements, and the appoint-, regulations and methods of supervision and inspection as-the United States may from ment, including, without limitation of the ment of berth sub-agents by agents and time to time prescribe; foregoing, the condition faithfully to ac­ general agents; count to the United States for all funds Now, therefore, it is hereby ordered, (d) The General Agent shall procure the collected and disbursed and funds and prop­ Master of the vessels operated hereunder, sub­ erty received by the General -Agent or its That: ject to the approval of the United States. agents. The General Agent may, in lieu of § 306.43 Definitions. The Terms The Master shall be an agent and employee furnishing such bond, pledge direct or fully of the United States, and shall have and ex­ guaranteed obligations of the United States “agent” (§ 306.4), “g e n e r a l a g e n t ” ercise full control, responsibility and author­ (§ 306.3), “berth sub-agent” (§ 306.5 of America of the face value of the penalty ity with respect to the navigation and man­ of the bond under an agreement satisfactory (a)), and “sub-agent” (§306.5 (b)) as agement of the vessel. The General Agent in form to the United States; defined in General Order No. 12, as shall procure and make available to the (d) Without the consent of the United amended, shall have the same meaning Master for engagement by him the officers and States, not sell, assign or transfer, either in this order. men required by him to fill the complement directly or indirectly or through any reor­ of the vessel. Such officers and men shall ganization, merger or consolidation, this § 306.44 Service agreements (GAA- be procured by the General Agent through Agreement or any interest therein, nor make 4/4/42). Service agreements entered the Usual channels and in accordance with any agreement or arrangement whereby the into between the United States of Amer­ the customary practices of commercial op­ service to be performed hereunder is to be ica, acting by and through the Adminis­ erators and upon the terms and conditions performed by any other person, whether an trator, War Shipping Administration, prevailing in the particular service or services agent or otherwise, except as provided in with shipping companies appointing in whjch the vessels are to be operated from Article 6 hereof. them as general agents to manage and time to time. The officers and members of Art. 4. (a) The General Agent and, to the the crew shall be subject only to the orders extent required by the United States, every conduct the business of vessels (exclud­ of the Master. All such persons shall be paid related or affiliated company or holding com­ ing tankers, smallcraft, salvage and res­ in the customary manner with funds by the pany of the General Agent, authorized as cue vessels, tugs and barges, and other United States hereunder. provided in Article 13 hereof, to render any vessels from time to time excluded with (e) Issue or cause to be issued to shippers service or to furnish any stores, supplies, the approval of the Administrator) of customary freight contracts and Bills of equipment, provisions, materials, or facilities which the War Shipping Administration Lading. Unless the United States shall whici are for the account of the United is owner or owner pro hac vice, and as­ otherwise instruct, such Bills of Lading shall States under the terms of this Agreement, contain all exemptions and stipulations shall (1) keep its books, records and accounts signed to the general agents by the usual to the particular trade or service in relating to the management, opération, con­ United States from time to time, shall which the vessels may be engaged, and re­ duct of the business of and maintenance of be as follows: serve a lien upon all cargoes for the pay­ the vessels covered by this Agreement in such Contract W SA_____ ment of freight, primage charges, dead form and under such regulations as may be freight, demurrage, forwarding charges, ad­ prescribed by the United States; and (2) file, Service Agreement for Vessels of W h ic h vance charges for carriage to port of ship­ upon notice from the United States, balance t h e War S h ipp in g Administration I s ment, for opntributions in general average sheets, profit and loss statements, and such O wner or Ow ner P ro Hac Vice and special charges on cargo and for all other statements of operation, special reports, This Agreement, made as of ______fines or penalties which the vessels or car­ memoranda of any facts and transactions, 19_, hetween the United States of America goes may incur by reason of illegal, incorrect which, in the opinion of the United States, (herein called the "United States”) acting or insufficient marking or addressing of pack­ affect the results in, the performance of, or by and through the Administrator, War Ship­ ages or description of their contents. After transactions or operations under this Agree­ ping Administration, a n d ______a uniform Bill of Lading shall have been ment. a corporation organized and existing under. adopted by the United States, such Bill of (b) The United States is hereby authorized the laws o f ______and having its Lading shall be used in all cases as soon as to exàmine and audit the books, records and principal place of business at ______practicable after receipt thereof by the Gen­ accounts of all persons referred to above in ______(herein called the “General eral Agent, with such modifications as shall this Article whenever it may deem it necessary Agent”) . be necessary for the particular trades in or desirable. Witnesseth: which the vessels hereunder shall from time (c) Upon the willful failure or willful re­ That in consideration of the reciprocal to time be employed. Pending the issuance fusal of any person described in this Arti­ undertakings and promises of the parties of such uniform Bill of Lading, the General cle to comply with the provisions of this herein expressed: Agent may continue to use its usual com­ Article, the United States may rescind this Article 1. The United States appoints the mercial form of Bill of Lading. Agreement. General Agent as its agent and not as an As soon as practicable after April 1, 1942, Art. 5. At least once a month the United Independent contractor, to manage and con­ all Bills of Lading shall be issued by the Gen­ States shall, pay to the General Agent as duct the business of vessels assigned to it by eral Agent or its agents as agent for the Mas­ f’-u compensation for the General Agent’s the United States from time to time. ter and the signature clause may provide services hereunder, such fair and reasonable Art. 2. The General Agent accepts the ap­ substantially that the General Agent makes amount as the Administrator, War Shipping pointment and undertakes and promises so no warranty or representation as to the Administration, shall from time to time to manage and conduct the business for the authority of the United States or the Master determine: Provided, That with respect to FEDERAL REGISTER, Friday, September 25, 1942 7563 vessels allocated before February 25, 1942, the effective date of this Agreement, for the by, and be under the control of, the United compensation shall not be less than the amount of any Social Security taxes which States. Salvage awards for services rendered amount of earnings which the General Agent the General Agent is or may be required to to other vessels owned or controlled by the would have been permitted to earn under pay on behalf of the officers and crew of said United States including the vessels hereunder any applicable previously existing bareboat vessels as agent or otherwise. The United shall be made by the United States. The charters, preference agreements, commit­ States may disallow, in whole or in part, as it General Agent shall furnish the United States ments, rules or regulations of the United may deem appropriate, and deny reimburse­ with full reports and information on all sal­ States Maritime Commission until the earli­ ment for, expenses which are found to have vage services rendered. est termination date permissible thereunder been made in willful contravention of any ■ Art. 11. (a) The United States shall have as of March 22, 1942. Such compensation outstanding instructions or which were the right to terminate this Agreement at any shall be deemed to cover, but without limita­ clearly improvident or excessive. time as to any and all vessels assigned to the tion, the General Agent’s administrative and Any moneys advanced to bonded persons by General Agent and to assume control forth­ general expense (as presently Itemized in the General Agent for ship disbursements with of any and all said vessels upon fifteen General Order No. 22 of the United States which are lost by reason of a casualty to the (15) days’ written or telegraphic notice. Maritime Commission), advertising expense, Vessel on which the money so advanced is (b) Upon giving to the United States thirty taxes (other than taxes for which the Gen­ carried shall in the event of such loss be con­ (30) days’ written or telegraphic notice, the eral Agent is reimbursed under Article 7 here­ sidered an expense of the General Agent, sub­ General Agent shall have the right to termi­ of), and any other expenses which are not ject to reimbursement as is in this Article 7 nate this Agreement, but termination by the directly and exclusively applicable to the provided. General Agent shall not become effective as maintenance, management, operation or the The United States may advance moneys to to any vessel until her arrival and discharge conduct of the business of the vessels here­ the General Agent to provide for disburse­ at a continental United States port. under. ments hereunder* in, accordance with such (c) This Agreement may be terminated, Art. 6. The General Agent shall exercise due regulations or conditions as the United States modified, or amended at any time by mutual diligence in the selection of agents. Such may from time to time prescribe. consent. agents shall be subject to disapproval by the Art. 8. The United States shall, without Art. 12. In case of termination of this United States and any agency agreement cost or expense to the General Agent, pro­ Agreement, whether upon expiration of the shall be terminated by the General Agent cure or provide insurance against all insur­ stated period hereof or otherwise, all vessels whenever the United States shall so direct. able risks of whatsoever nature or kind relat­ and other property of whatsoever kind then Any compensation payable by the General ing to the vessels assigned hereunder (which in the custody of the General Agent pursuant Agent to its agents for services rendered in insurance shall include the General Agent to this Agreement, shall be immediately connection with the vessels assigned here­ and the vessel personnel as assureds) includ­ turned over to the United States, at times under shall be subject to approval by the ing, but without limitation, marine, war and and places to be fixed by the United States, United States. In the event that any of the P. & I. risks, and all other risks or liabilities and the United Stages may collect directly, vessels covered by this Agreement are oper­ for breach of statute and for damage caused or by such agent or agents as it may appoint, ated in a service in which an American citi­ to other vessels, persons or property, and all freight moneys or other debts remaining zen maintained a berth operation with Amer­ shall defend, indemnify and save harmless the unpaid: Provided, That the General Agent ican flag vessels on September 1, 1939, the General Agent against and from any and all shall, if required by the United States, adjust, General Agent, upon request of the United loss, liability, damage and expense (including settle and liquidate the current business of States, will assign such vessels to such berth costs of court and reasonable attorneys’ fees) the vessels. Notwithstanding the foregoing operators as agents as may be appropriate on account of such risks and liabilities, to the provisions, when the United States shall so under form of agreement prescribed by the extent not covered or not fully covered by in­ direct, the General Agent shall complete the United States. Agency fees or equivalent al­ surance, The General Agent shall furnish business of voyages commenced prior to the lowances for branch offices in accordance reports and information and comply fully date as of which the Agreement shall be ter­ with schedules approved by the United States with all instructions that may be issued with minated, and, if directed by the United States will be reimbursable under Article 7 hereof. regard to all salvage claims, damages, losses and subject to any instructions issued by Art. 7. The United State! shall reimburse or other claims. Neither the United States the United States with respect thereto, the the General Agent at stated intervals deter­ nor the insurance underwriters shall have any General Agent shall continue to book cargo mined by the United States ior all expendi­ right of subrogation against the General for the vessels for the next voyages after the tures of every kind made by it in performing, Agent with respect to such risks. The United termination of this Agreement. No such procuring or supplying the services, facilities, States may assume any of the foregoing risks termination of this Agreement shall relieve stores, supplies or equipment as required here­ except those relating to P. & I. risks and col­ either party of liability to the other in respect under, excepting general and administrative lision liabilities. At all times during the of matters arising prior to the date of such expense (as presently itemized in General Or­ period of this Agreement, the United States termination or of any obligation hereunder der No. 22 of the United States Maritime Com­ shall at its own expense provide and pay for to indemnify the other party in respect of mission), advertising expense, taxes (other Insurance with respect to each vessel here­ any claim or demand thereafter asserted, than sales and similar taxes or foreign taxes under against protection and indemnity ma­ arising out of any matter done or omitted of any kind to the extent determined by the rine and war risks, and collision liabilities prior to the date of such termination. United States to be classifiable as voyage ex­ without limit as to liability as to the amount Art. 13. Agreements or arrangements with penses hereunder) and any other expenses of any claim or the aggregate of any claims any interested or related company to render which are not directly and exclusively applica­ thereunder. The United States at its elec­ any service or to furnish any stores, supplies, ble to the maintenance, management, op­ tion may write all or any such insurance, in­ equipment, materials, repairs, or facilities eration or the conduct of the business of the cluding that against P. & I. and collision hereunder shall be submitted to the United vessels hereunder. The General Agent shall liabilities, in its own fund, pursuant to a duly States for approval as to employment. Un­ be reimbursed -for sales and similar taxes executed policy or policies. Neither the less and until such agreements or arrange­ or foreign taxes of any kind to the extent de­ United States nor the insurance underwriters ments have been approved by the United termined by the United States to be classifi­ shall have any right of subrogation against States, compensation paid to any interested able as voyage expenses hereunder if the Gen­ the General Agent with respect to any of the or related company shall be subject to review eral Agent shall have used due diligence to foregoing risks. All insurance hereunder and readjustment by the United States. In secure immunity from such taxation. To the shall cover both the United States and the connection with such review and readjust­ extent not recovered from insurance, the General Agent. ment, the United States may deny reim­ United States shall also reimburse the General Art. 9. In the event of general average in­ bursement hereunder of any portion of such Agent for all crew expenditures (accruing volving vessels assigned to the General Agent compensation which it deems to be in excess during the term hereof) in connection with under this Agreement, the General Agent of fair and reasonable compensation. The the vessels hereunder, including, without lim­ shall comply fully with all instructions issued United“States may also deny reimbursement, itation, all disbursements for or on account by the United States in that connection in­ in whole or in part, of compensation under of wages, extra compensation, overtime, bo­ cluding instructions as to the appointment any arrangement or agreement with an in­ nuses, penalties^ subsistencfe, repatriation, of adjuster, obtaining general average secu­ terested or related company which it deems travel expense, loss of personal effects, main­ rity and asserting liens for that purpose unless to be exorbitant, extortionate or fraudulent. tenance, cure, vacation allowances, damages otherwise instructed, and supplying the ad­ The term “interested company” shall mean or compensation for death or personal injury juster with all disbursements accounts, doc­ by person, firm, or corporation in which the or illness, and insurance premiums, required uments and data required in the adjustment, General Agent, or any related company of to be paid by law, custom, or by the terms statement and settlement of the general av­ the General Agent,.or any officer or director Of the ship’s articles or labor agreements, or erage. Reasonable compensation for and gen­ of the General Agent, or any employee of by action of the Maritime War Emergency eral average allowances to the General Agent the General Agent who is charged with exec­ Board, any payments made by the General in such cases shall be in accordance with di­ utive or supervisory'duties, or any member Agent to a pension fund in accordance with a rections, orders or regulations of the United of the immediate family of any such officer, pension plan in effect on the effective date of States. director or employee, or any officer or direc­ this Agreement with respect to the officers Art. 10. Salvage claims for services rendered tor of any related company of the General and members of the crew of said vessels who to vessels other than vessels owned or con­ Agent or any member of the immediate fam­ are entitled to benefits under such plan, on trolled by the United States shall be handled ily of an officer or director of any related 7564 FEDERAL REGISTER, Friday, September 25, 1942

company of the General Agent, owns any censed officers or in the selection of principal (b) In any act performed under this Agree­ substantial pecuniary interest directly or in­ supervisory shoreside personnel. ment, the General Agent and any subcon­ directly. The term “related company”, used (c) In- the event that the General Agent tractor shall not discriminate against any to indicate a relationship with the General shall perform any stevedoring, terminal, ship citizen of the United States on the ground Agent for the purposes of this Article only, repair or similar service for the vessels here­ of race, creed, color or national origin. shall include any person or concern that under at commercial rates, the General Agent Art. 19. No person elected or appointed a directly, or indirectly through one or more shall have all the obligations and responsi­ member of' or delegate to Congress or a intermediaries, controls, or is controlled by, bilities of the person performing such services Resident Commissioner, directly or indirectly, or is under common control with, the Gen­ under the standard or other apprçved form himself or by any other person in trust for eral Agent. The term “control” (including of contract with the United States or, in the him, or for his use or benefit, or on his ac­ the terms “controlled by” and “under com­ absence of suoh standard or approved form, count shall hold or enjoy this Agreement in mon control with”) as used herein means thè under usual commercial practice. whole or in part, except as provided in Sec­ possession, directly or indirectly, of the power (d) The General Agent shall be under no tion 206, Title 18, U.S.C. The General Agent to direct or cause the direction of the man­ liability to the United States of any kind or shall not employ any member of Congress, agement and policies of the General Agent nature whatsoever in the event that the Gen­ either with or without compensation, as an (or related company), whether through own­ eral Agent should fail to obtain officers or attorney, agent, officer or director. ership of voting securities, by contract, or crews for the operation of the vessels, or fail Art. 20. Subject to the provisions of Ar­ otherwise. to arrange for the fitting out, refitting, main­ ticle 5 hereof, this Agreement is in substitu­ Art. 14. The General Agent shall, unless tenance or repair of said vessels, or fail to tion of and hereby abrogates and replaces otherwise instructed, subject to such regula­ perform any other service hereunder by rea­ the so-called 1 111 tered^FRom Others by th e War Sh ippin g illegal, incorrect or insufficient marking or tions under this Agreement. Administration addressing of packages or description of their (b) The United States is hereby authorized This agreement, made as of ------contents. After a Uniform Bill of Lading shall to examine and audit the books, records and between the United States of America have been adopted by the United States, such accounts of all persons referred to above in (herein called the “United States”) acting bill of lading shall be used in all cases as this Article whenever it may deem it neces­ by and through the Administrator, War soon as practicable after receipt thereof by sary or desirable. Shipping Administration, and.______the Agent, with such modifications as shall (c) Upon the willful failure or willful re­ ______a corporation organized and be necessary for the particular trades in fusal of any person described in this Article existing under the laws o f ______!, which the vessels hereunder shall from time to comply with the provisions of this Article, and having its principal place of business to time be employed. Pending the issuance the United States may rescind this Agreement. a t ______.______(herein called the of such Uniform Bill of Lading, the Agent Art. 5. At least once a month the United "Agent"). may continue to use its usual commercial States shall pay to the Agent as full compen­ Witnesseth: form of Bill of Lading. sation for the Agent’s services hereunder, such That in consideration of the reciprocal As soon as practicable after April 1, 1942, fair and reasonable amount as the Admin­ undertakings and promises of the parties all Bills of Lading shall be issued by the istrator, War Shipping Administration, shall Agent or its agents as agent for the Master from time to time determine: Provided, That herein expressed: and the signature clause may provide sub­ Article 1. The United States appoints the with respect to services rendered before Feb­ Agent as its agent and not as an independent stantially that the Agent makes no war­ ruary 25, 1942, compensation shall not be less contractor, to conduct the business of ves­ ranty or representation as to the authority than that provided for in the applicable sels time chartered by the United States and of the United States or the Master to enter agreement, commitment, rules or regulations assigned to it by the United States from into the agreement, and that the Agent as­ of the United States Maritime Commission. sumes no liability with respect to the goods Such compensation shall be deemed to cover, time to time. described therein or the transportation Art. 2. The Agent accepts the appointment but without limitation, the Agent’s adminis­ and undertakes and promises so to conduct thereof. trative and general expense (as presently Art. 3B. The Agent agrees, without preju­ itemized in General Order No. 22 of the the business for the United States, in ac­ dice to its rights under the provisions of cordance with such directions, orders, or reg­ United States Maritime Commission), adver­ Articles 8 and 16 hereof, to: tising expense, taxes (other than taxes for ulations as the latter has prescribed, or from (a) Perform the duties required to be time to time may prescribe, and upon the which the Agent is reimbursed under Ar­ performed by it hereunder in an economical ticle 7 hereof), and any other expenses which terms and conditions herein provided, of and efficient manner, and exercise due dili­ such vessels as have been or may be by the are not directly and exclusively applicable to gence to protect and safeguard the interests the operation of the vessels hereunder. United States assigned to and accepted by of the United States in all respects and to the Agent for that purpose. Art. 6. The Agent shall exercise due dili­ avoid loss and damage of every nature to gence in the selection of agents. Such agents Art. 3A. To the best of its ability, the the United States; Agent shall for the account of the United shall be subject to disapproval by the United (b) Exercise due diligence to see that all States and any agency agreement shall be States: Bills of Lading are properly issued, all wharf (a) Perform all of the customary duties of terminated by the Agent whenever the United receipts for freight are non-negotiable and, States shall so direct. Any compensation the agent of a time charterer in connection where required, a freight contract or permit with th'- vessels subject to this Agreement; payable by the Agent to its agents for serv­ is issued for each shipment; ices rendered in connection with the vessels subject to the orders of the United States (c) Furnish and maintain during the pe­ assigned hereunder shall be subject to ap­ as to voyages, cargoes, priorities of cargoes, riod of this Agreement, at its own expense, a proval by the United States. Agency fees or charters, rates of freight and other charges bond with sufficient surety, in such amount equivalent allowances for branch offices in and as to all matters connected with the as the United States shall determine, such accordance with schedules approved by the use of the vessels; or in the absence of such bond to be approved by the United States United States will be reimbursable under orders, the Agent shall follow reasonable as to both sufficiency of surety or sureties commercial practices; Article 7 hereof. and form, and to be conditioned upon the Art. 7. The United States shall reimburse (b) Collect all moneys due the United due and faithful performance of all and the Agent at stated intervals determined by States under this Agreement and deposit, re­ singular the covenants and agreements of the United States for all expenditures of every mit, or disburse the same in accordance with the Agent contained in this Agreement, in­ kind made by it in performing, procuring or such regulations as the United States may cluding, without limitation of the foregoing, supplying the services, facilities, stores, sup­ prescribe from time to time, and account the condition faithfully to account to the plies or equipment as required hereunder, to the United States for all moneys collected United States for all funds collected and excepting general and administrative expense or disbursed by it or its agents; disbursed and funds and property received (as presently itemized in General Order No. (c) Provide and pay for all fuel, fresh by the Agent or its agents. The Agent may, 22 of the United States Maritime Commis­ water, stevedoring and other cargo handling in lieu of furnishing such bond, pledge direct sion), advertising expense, taxes (other than ' expense, port charges, wharfage and dock­ or fully guaranteed obligations of the United sales and similar taxes or foreign taxes of age, pilotages, agencies, canal dues, commis­ States of America of the face value of the any kind to the extent determined by the sions, and consular charges, except those per­ penalty of the bond under an agreement United States to be classifiable as voyage taining to the Master, officers and crew, and satisfactory in form to the United States; expenses for the account of the United all other expenses to the extent that such (d) Without the consent of the United States) and any other expenses which are items and expends are for the account of the States, not sell, assign or transfer, either not directly and exclusively applicable to the United States as time charterer-of the vessels directly or indirectly or through any reor­ maintenance, management, operation or the subject to this Agreement: Pyyvided, That, ganization, merger or consolidation, this conduct of the business of the vessels here­ where the United States has entered into Agreement or any interest therein, nor make under. The Agent shall be reimbursed for agreements for any of the foregoing items any agreement or arrangement whereby the sales and similar taxes or foreign taxes of any (such as for stevedoring and supplying fuel), service to be performed hereunder is to be kind to the extent determined by the United the Agent shall see that the items are fur­ performed by any other person, whether an States to be classifiable as voyage expenses nished pursuant to the provisions of such agent or otherwise, except as provided in for the account of the United States to the agreements and shall make the necessary ar­ Article 6 hereof. extent that the Agent shall have used due rangements with the District Manager, or Art. 4. (a) The Agent and, to the extent diligence to secure immunity from such tax­ other representative of the United States required by the United States, every related ation. The United States may disallow, in therefor; or affiliated company or holding company of .whole or in part, as it may deem appropriate, (d) Issue or cause to be issued to ship­ the Agent, authorized as provided in Article "and deny reimbursement for, expenses which pers customary freight contracts, and Bills of 13 hereof, to render any service or to furnish are found to have been made in willful con­ Lading. Unless the United States shall any stores, supplies, equipment, provisions, travention of any outstanding instructions No. 189----- 3 7566 FEDERAL REGISTER, Friday, September 25, 1942 or which were clearly improvident or or other debts remaining unpaid: Provided, be found to be valid) of whatsoever kind or excessive. That the Agent shall, if required by the nature and by whomsoever asserted for in­ Any moneys advanced to bonded persons United States, adjust, settle and liquidate jury to persons or property arising out of by the Agent for ship disbursements which the current business of the vessels. Not­ or in any way connected with the operation are lost by reason of a casualty to the Vessel withstanding the foregoing provisions, when or use of said vessels or the performance by on which the money so advanced is carried the United States shall so direct, the Agent the Agent of any of its obligations here­ shall in the event of such loss be considered shall complete the business of voyages com­ under, including but not limited to any and an expense of the Agent, subject to reim­ menced prior to the date as of which the all claims and demands by passengers, troops, bursement as is in this article 7 provided. Agreement shall be terminated, and, if di­ gun crews, crew members, shippers, third per­ The United States may advance moneys rected by the United States and subject to sons, or other vessels, and including but not to the Agent to provide for disbursements any instructions issued by the United States limited to claims for damages for injury to or hereunder in accordance with such regula­ with respect thereto, the Agent shall continue loss of property, cargo or personal effects, and tions or conditions as the United States may to book cargo for the vessels for the next claims for damages for personal injury or from time to time prescribe. voyages after the termination of this Agree­ loss of life. Art. 8. The United States shall without ment. No such termination of this Agree­ (b) The Agent shall be under no respon­ cost or expense to the Agent procure or pro­ ment shall relieve either party of liability sibility or liability to the United States for vide insurance against, or shall assume, all to the other in respect of matters arising loss or damage to the vessels arising out of insurable risks of whatsoever nature or kind prior to the date of such termination or of any error of judgment or any negligence on relating to the vessels assigned hereunder in­ any obligation hereunder to indemnify the the part of any of the Agent’s officers, agents, cluding, but without limitation, marine, war other party in respect of any claim or de­ employees, or otherwise. However, the Agent and P. & I. risks, and all other risks or lia­ mand thereafter asserted, arising out of any may be held liable for loss or damage not bilities for breach of statute and for damage matter done or omitted prior to the date of covered by insurance or assumed by the caused to other vessels, persons or property, such termination. United States as required under Article 8 and shall defend, indemnify and save harm­ Art. 13. Agreements or arrangements with of this Agreement, if such loss or damage is less the Agent against and from any and all any interested or related company to render directly and primarily caused by willful mis­ loss, liability, damage and expense (includ­ any service or to furnish any stores, supplies, conduct of principal supervisory shoreside ing costs of court and reasonable attorneys’ equipment, materials, or facilities shall be personnel or by gross negligence of the Agent fees) on account of such risks and liabilities, submitted to the United States for approval in the selection of such principal supervisory to the extent not covered or not fully covered as to employment. Unless and until such personnel. by insurance. The Agent shall furnish re­ agreements or arrangements have been ap­ (c) In the event that the Agent shall per­ ports and information and comply fully with proved by the United States, compensation form any stevedoring, terminal, or similar all instructions that may be issued with re­ paid to any interested or related company service for the vessels hereunder at commer­ gard to all salvage claims, damages, losses shall be subject to review and readjustment cial rates, the Agent shall have all the obli­ or other claims. Neither the United States by the United States. In' connection with gations and responsibilities of the person nor the insurance underwriters shall have any such review and readjustment, the United performing suoh service under the standard right of subrogation against the Agent with States may deny reimbursement hereunder or other approved form of contract with the respect to such risks. of any portion of such compensation which United States or, in the absence of such Art. 9. In the event of general average in­ it deems to be in excess of fair and reasonable standard or approved form, under usual com­ volving vessels assigned to the Agent under compensation. The United States may also mercial practice. this Agreement, the Agent shall comply fully deny reimbursement, in whole or in part, of (d) The Agent shall be under no liability with all instructions issued by the United compensation under any arrangement or to the United States of any kind or nature States in that connection including instruct agreement with an interested or related com­ whatsoever in the event that the Agent tions as to the appointment of adjuster, pany which it deems to be exorbitant, ex­ should fail to perform any service hereunder obtaining general average security and as­ tortionate or fraudulent. The term “inter­ by reason of any labor shortage, dispute or serting liens for that purpose unless other­ ested company” shall mean any person, firm, difficulty, or any strike or lockout or any wise instructed, and supplying the adjuster or corporation in . which the Agent, or any shortage of material or any act of God or with all disbursements accounts, documents related company of the Agent, or any officer peril of the sea or any other cause beyond and data required in the adjustment, state­ or director of the Agent, or any employee of the control of the Agent whether or not of ment and settlement of the general average. the Agent who is charged with executive or the same or similar nature; or shall do or Reasonable compensation for and general supervisory duties, or any member of the im­ fail to do any act in reliance upon instruc­ average allowances to the Agent in such cases mediate family of any such officer, director tions of military or naval authorities. shall be in accordance with directions, or­ or employee, or any officer or director of any Art. 17. Wherever and whenever herein ders or regulations of the United States related company of the Agent, or any mem­ any right, power, or authority is granted or This Article shall not apply to services re­ ber of the immediate family of ah officer or given to the United States, such right, power, quired of the Owner under Time Charter. director of any related company of the Agent, or authority may be exercised in all cases Art. 10. The negotiation and settlement of owns any substantial pecuniary interest di­ by the War Shipping Administration or such all salvage claims for services rendered by rectly or indirectly. The term “related com­ agent or agents as it may appoint or by its vessels shall be controlled by the Owner and pany”, used to indicate a relationship with nominee, and the act or acts of such agent the United States in accordance with the pro­ the Agent for the purposes of this Article or agents or nominee, when taken, shall con­ visions of the' applicable Time Charter. The only, shall include any person or concern that stitute the act of the United States hereun­ Agent shall furnish the United States with directly, or indirectly through one or more der. In performing its services hereunder, full reports and information on all salvage intermediaries, controls, or is controlled by, the Agent may rely upon the instructions services rendered. or is under common control with, the Agent. and directions of the Administrator, his of­ Art. 11. (a) The United States shall have The term “control” (including the terms ficers and responsible employees, or upon the right to terminate this Agreement at any “controlled by” and “under common control the instructions and directions of any per­ time as to any and all vessels assigned to the with”) as used herein means the possession, son or agency authorized by the Adminis­ Agent and to assume control forthwith of directly or indirectly, of the power to direct trator. Wherever practicable, the Agent shall the business of said vessels upon fifteen (15) or cause the direction of the management and ^request written confirmation of any oral in­ days’ written or telegraphic notice. policies of the Agent (or related company), structions or directions so given. (b) Upon giving to the United States thirty whether through ownership of voting securi­ Art. 18. (a) The Agent warrants that it (30) days’ written or telegraphic notice, the ties, by contract, or otherwise. has not employed any person to solicit or Agent shall have the right to terminate this Art. 14. This Agreement, unless sooner ter­ secure this Agreement upon any agreement Agreement, but termination by the Agent minated, shall extend until six months after for a commission, percentage, brokerage or shall not become effective as to any vessel the cessation of hostilities. contingent fee. Breach of this warranty until her arrival and discharge at a con­ Art. 15. The United States shall, when it shall give the United" States the right to tinental United States port. may legally do so, “have the advantage of annul this Agreement or ifi its discretion to (c) This Agreement may be terminated, any existing, or future, contracts of the deduct from any amount payable hereunder modified, or amended at any time by mutual Agent, for the purchase or rental of mate­ the amount of such commission, percentage, consent. rials, fuel, supplies, facilities, services, or brokerage or contingent fee. Art. 12. In case of termination Qf this equipment, if this may be done without un­ (b) In ajiy act performed under this Agreement, whether upon expiration of the reasonably interfering with the requirements Agreement, the Agent and any subcontrac­ stated period hereof or otherwise, all prop­ of other vessels owned or operated by the tor shall not discriminate against any citizen erty of whatsoever kind then in the custody Agent. of the United States bf America on the of the Agent pursuant to this Agreement, Art, 16. (a) The United States shall in­ , ground of race, creed, colqj . or national shall be immediately turned over to the demnify, and hold harmless and defend the origin. United States, at times and places to be fixed Agent against any and all claims and de­ Art. 19. No person elected or appointed a by the United States, and the United States mands (including costs and reasonable at­ member of or delegate to Congress or a may collect directly, or by such agent or torneys’ fees in defending such claim or de­ Resident Commissioner, directly or indirectly, agents as it may appoint, all freight moneys mand, whether or not the claim or demand himself or by any other person in trust for FEDERAL REGISTER, Friday, September 25, 1942 7567 him, or for his use or benefit, or on his ping Administration, has entered into service by the United States, the Berth Sub-Agent account shall hold or enjoy this Agreement agreements (GAA and TCA) with certain shall, to the best of its ability for the account in whole or in part, except as provided in companies designating such companies as of the Agent or General Agent: Section 206, Title 18, U. S. C. The Agent Agent or General Agent to conduct the busi­ (a) Receive and deliver the cargo; provide shall not employ any member of Congress,, ness of vessels assigned to such agents by the and pay for stevedoring and other cargo either with or without compensation, as United States from time to time, and' handling expenses, port charges, wharfage an attorney, agent, officer or director. Whereas when vessels assigned to an Agent and dockage, pilotage, commissions, and con­ In witness whereof, the parties hereto have or General Agent are required for operation sular charges, except those pertaining to the executed this Agreement in triplicate the on voyages in services in which an oper­ master, officers and crew of time chartered day and year first above written. ator of United States flag vessels is recog­ vessels, and all other expenses in connection nized by War Shipping Administration as a with the handling of the cargo. United States of America, regular berth operator, such operator will be Art. 3C. Where the Agent or General By: E. S. Land, Administrator. War Shipping Administration. designated by War Shipping Administration Agent provides his own facilities in the as the Berth Sub-Agent of the Agent or Gen­ United States port of loading or discharge, ~ ------For the Administrator. eral Agent, and and when not otherwise directed or approved Whereas the United States has designated by the United States, the Agent or General ______a ______corpo-^, Agent shall perform the duties provided in By: ration, having its principal place of business Article 3B, and the Berth Sub-Agent shall Attest: a t _:______(herein called the “Berth be relieved of those responsibilities, but the Sub-Agent”) as eligible for appointment by Berth Sub-Agent shall have the right to em­ Agents and General Agents as a Berth Sub- ploy a Head Receiving or Delivery Clerk to Approved as to form: Agent. supervise the operation of receiving and de­ General Counsel, Now, therefore, the United States and the livering cargo. War Shipping Administration. Berth Sub-Agent, in consideration of the re­ Art. 3D. Where the Agent or General ciprocal undertakings and promises of the Agent and the Berth Sub-Agent both pro­ I, ______j.______certify that I am parties herein expressed, agree that the fol­ vide their own facilities in the United States the duly chosen, qualified, and acting Secre­ lowing provisions shall govern the rights and port of loading or discharge, the duties pro­ tary o f ______a party to this obligations of the United States and the vided in Article 3B shall be performed as Agreement, and, as such, I am the custodian Berth Sub-Agent, while-the Berth Sub-Agent directed by the United States. of its official records and the minute books is performing services as Berth Sub-Agent Art. 3E. In all cases, the Agent or Gen­ of its governing body; that ______at the request of the United States, an eral Agent shall: Agent or General Agent: (a) Order and pay for fuel after consul­ who signed this Agreement on behalf of said Article 1. The United States appoints the tation with the Berth Sub-Agent, and follow corporation, was then the duly qualified Berth Sub-Agent as its sub-agent and not such instructions with regard thereto as ______of said corporation; ' that said as an independent contractor, to conduct the shall be issued by the United States from officer affixed his manual signature to said business of vessels assigned to it by the .time to time; Agreement in his official capacity as said United States or by an Agent or General (b) Make all necessary arrangements for officer for and on behalf of said corporation Agent, from time to time. transit of canals, including payment of canal by authority and direction of its governing Art. 2. The Berth Sub-Agent accepts the tolls. body duly made and taken; that said Agree­ appointment and undertakes and promises Art. 3F. The Berth Sub-Agent agrees, ment is within the scope of the corporate so to conduct the business for the United without prejudice to its rights under the and lawful powers of this corporation. States, in accordance with such directions, provisions of Articles 8 and 16 hereof, to: orders, or regulations as the United States (a) Perform the duties required to be per­ Secretary. has prescribed, or from time to time may formed by it hereunder in an economical and [CORPORATE SEAL] prescribe, and upon the terms and conditions efficient manner, and exercise due diligence herein provided, of such vessels as have been to protect and safeguard the interests of the § 306.46 Berth sub-agent service or may be by the United States or by an Agent or General Agent and the United States agreement (BSA-9-22-42). Unless other­ Agent or General Agent assigned to the in all respects and to avoid loss and damage wise determined by the Administra­ Berth Sub-Agent for that purpose. of every nature to the Agent or General tor, when vessels assigned to an agent or Art. 3A. Unless otherwise directed by the Agent and to the United States; general agent-are required for operation United States, the Berth Sub-Agent in all (b) Exercise due diligence to see that all on voyages in services in which an oper­ cases shall, to the best of its ability, for the Bills of Lading are properly issued, all wharf ator of United States Flag vessels is rec­ account of the Agent or General Agent: receipts for freight are non-negotiable and, (a) Book the cargo and expedite its deliv­ where required, a freight contract or permit ognized by War Shipping Administration ery alongside ship. Issue or cause to be is issued for each shipment; as a regular berth operator, such operator issued to shippers customary freight con­ (c) Furnish and maintain during the pe­ will be designated by the War Shipping tracts and bills of lading in the form pre­ riod of this Agreement, at its own expense, Administration as the Berth Sub-Agent scribed by the United States, and prepare a bond with sufficient surety, in such amount of the Agent or General Agent. manifests and other cargo documents; as the United States shall determine, such The provisions of this § 306.46 are (b) Where appropriate, issue or cause to bond to be approved by the United States as hereby made retroactive so as to become be issued to passengers customary passenger to both sufficiency of surety or sureties and effective as to vessels time chartered by tickets. After a uniform passenger ticket form, and to be conditioned upon the due the Administration from the date of de­ shall have been adopted by the United States, and faithful performance of all and singular such passenger ticket shall be used in all the covenants and agreements of the Berth livery of the vessels to the Administra­ cases as soon as practicable after receipt Sub-Agent contained in this Agreement, in­ tion and as to vessels owned or bareboat thereof by the Berth Sub-Agent. Pending cluding, without limitation of the foregoing, chartered by the Administration from the issuance of such uniform passenger ticket, the condition faithfully to account to the the date of delivery of the vessels to the the Berth Sub-Agent may continue to use United States through the Agent or General general agent. the customary form of passenger ticket of Agent for all funds collected and disbursed Service .agreements entered into be­ the Agent or General Agent; and funds and property received by the Berth tween the United States of America, act­ (c) Collect all moneys due the United Sub-Agent or its agents. The Berth Sub- States and deposit, remit, or disburse the Agent may, in lieu of furnishing such bond, ing by and through the Administrator, same in accordance with such regulations as pledge direct or fully guaranteed obligations War Shipping Administration, with berth the United States may prescribe from time of the United States of America of the face operators approved by the Administra­ to time, and account to the Agent or General value of the penalty of the bond under an tion, appointing such berth operators as Agent for all moneys collected or disbursed agreement satisfactory in form to the United berth sub-agents to conduct the business by it or its agents; States; of vessels assigned to"them from time to (d) Appoint sub-agents at foreign and in­ (d) Without the consent of the United time by the United States, an agent or termediate ports of call for the receipt or States, not sell, assign or transfer, either di­ general agent, shall-be as follows: delivery of cargo; rectly or indirectly or through any reorgan­ (e) Pay agency fees, port charges, and ization, merger or consolidation, this Agree­ BSA (Approved 9-22-42) cargo expenses in foreign ports; ment or any interest therein, nor make any Contract WSA_____ (f) Adjust cargo claims; agreement or arrangement whereby the serv­ Agreement Between th e War Sh ippin g Ad­ (g) Render accounts to and keep the Agent ice to be performed hereunder is to be per­ ministration and Berth Sub-Agents of or General Agent fully informed as to the formed by any other person, whether an agent Agents or G eneral Agents various activities being performed. or otherwise, except as provided in Article 6 . Art. 3B. Where the Agent or General Agent hereof. Whereas the United States of America does not provide his own facilities in the Art. 4. (a) To the extent required by the (herein called the “United States”! acting by United States port of loading or discharge, United States, the Berth Sub-Agent and and through the Administrator, War Ship­ and when not otherwise directed or approved every related or affiliated company or holding 7568 FEDERAL REGISTER, Friday, September 25, 2942 company of the Berth Sub-Agent, authorized similar taxes or foreign taxes of any kind to Art. I I. (a) The United States shall have as provided in Article 13 hereof, to render the extent determined by the United States the right to terminate this Agreement at any any service or to furnish any stores, supplies, to be classifiable as voyage expenses for the time as to any and all vessels assigned to the equipment, provisions, materials, or facilities account of the United States to the extent Berth Sub-Agent and to assume control forth­ which are for the account of the United that the Berth Sub-Agent shall have used due with of the business of said vessels upon fif­ States, the Agent or the General Agent under diligence to secure immunity from such tax­ teen (15) days’ written or telegraphic notice. the terms of this Agreement, shall (1) keep its ation. The.United States, the Agent or the (b) Upon giving to the United States thirty books, records and accounts relating to the General Agent may disallow, in whole or in (30) days’ written or telegraphic notice, the management, operation, conduct of the busi­ part, as it may deem appropriate, and deny Berth Sub-Agent shall have the right to ness of and maintenance of the vessels cov­ reimbursement for, expenses which are found terminate 'this Agreement, but termination ered by this Agreement in such form and to have been made in willful contravention by the Berth Sub-Agent shall not become under such regulations as may be prescribed of any outstanding Instructions or which effective as to any vessel until her arrival and by the United States; and (2) file, upon notice were clearly improvident or excessive. discharge at a continental United States port. from the United States, balance sheets, profit Any moneys advanced to bonded persons (c) This Agreement may be terminated, and loss statements, and such other state­ by the Berth Sub-Agent for ship disburse­ modified, or amended at any time by mutual ments of operation, special reports, memo­ ments which are lost by reason of a casualty consent. randa of any facts and transactions, which, to the Vessel on which the money so ad­ Art. 12. In case of termination of this In the opinion of the United States, affect vanced is carried shall in the event of such Agreement, whether upon expiration of the the results in, the performance of, or transac­ loss be considered an expense of the Berth stated period hereof or otherwise, all property tions or operations under this Agreement. Sub-Agent, subject to reimbursement as is of whatsoever kind then in the custody of the (b) The United States is hereby authorized in this article 7 provided. Berth Sub-Agent pursuant to this Agree­ to examine and audit the books, records and The United States, the Agent, or the Gen­ ment, shall be immediately turned over to accounts of all persons referred to above in eral Agent may advance moneys to the the United States, the Agent or the General this Article whenever it may deem it neces­ Berth Sub-Agent to provide for disburse­ Agent at times and places to be fixed by the sary or desirable. ments hereunder in accordance with such United States, and the United States, the regulations or conditions as the United States, Agent or General Agent may collect directly, (c) Upon the willful failure or willful re­ or by such agent or agents as it may appoint, fusal of any person described in this Article the Agent or the General Agent may from time to time prescribe. all freight moneys or other debts remaining to comply with the provisions of this Article, unpaid: Provided, That the Berth Sub-Agent the United States may rescind this Agreement. Art. 8. The United States shall without cost shall, if required by the United States, adjust, Art. 5. At least once a month the Agent or expense to the Berth Sub-Agent procure settle and liqidate the current business of or General Agent shall pay to the Berth or provide insurance against, or shall assume, the vessels. Notwithstanding the foregoing Sub-Agent as full compensation for the all insurable risks of whatsoever nature or provisions, when the United States shall so Berth Sub-Agent’s services hereunder, such kind relating to the vessels assigned here­ direct, the Berth Sub-Agent shall complete fair and reasonable amount as the Adminis­ under including, but without limitation, ma­ the business of voyages commenced prior to trator, War Shipping Administration, shall rine, war and P. & I. risks, and all other risks the date as of which the Agreement shall be from time to time detërmine. Such compen­ or liabilities for breach of statute and for terminated, and, if directed by the United sation shall be deemed to cover, but without damage caused to other vessels, persons or States and subject to any instructions issued limitation, the Berth Sub-Agent’s adminis­ property, and shall defend, Indemnify and by the United States with respect thereto, the trative and general expense (as presently save harmless the Berth Sub-Agent against Berth Sub-Agent shall continue to book cargo itemized in General Order No. 22 of the and from any and all loss, liability, damage for the vessels for the next voyages after the United States Maritime Commission), adver­ and expense (including costs of court and termination of this Agreement. No such tising expense, taxes (other than taxes for reasonable attorneys’ fees) on account of such termination of this Agreement shall relieve which the Agent is reimbursed under Article risks and liabilities, to the extent not cov­ either party of liability to the other in re­ 7 hereof), and any other expenses which are ered or not fully covered by insurance. The spect of matters arising prior to the date of not directly and exclusively applicable to the Berth Sub-Agent shall furnish reports and such termination or of finy obligation here­ operation of the vessels hereunder. information and comply fully with all in­ under to indemnify the other party in re­ Art. 6. The Berth Sub-Agent shall exercise structions that may be issued by the United spect of any claim or demand thereafter as­ due diligence in the selection of agents. States with regard to all salvage claims, dam­ serted, arising out of any matter done or Such agents shall be subject to disapproval ages, losses or other claims. Neither the omitted prior to the date of such termination. by the United States and any agency agree­ United States nor the insurance underwriters Art. 13. Agreements or arrangements with ment shall be terminated by the Berth Sub- shall have any right of subrogation against any interested or related company to render Agent whenever the United States shall so the Berth Sub-Agent with respect to such any service or to furnish any stores, supplies, direct. Any compensation payable by the risks. equipment, materials, or facilities shall be Berth Sub-Agent to its agents for services Art. 9. In the event of general average in­ submitted to the United States for approval rendered in connection with the vessels volving vessels assigned to. the Berth Sub- as to employment. Unless and until such assigned hereunder shall be subject to ap­ Agent under this Agreement, the Berth Sub- agreements or arrangements have been ap­ proval by the United States. Agency fees Agent shall comply fully with all instructions proved by the United States, compensation or equivalent allowances for branch offices issued by the United States, the Agent or paid to any interested or related company in accordance with schedules approved by the General Agent in that connection includ­ shall be subject to review and readjustment the United States will be reimbursable under ing instructions as to the appointment of by the United States. In Connection with Article 7 hereof. adjuster, obtaining general average security such review and readjustment, the United and asserting liens for that purpose unless States may deny reimbursement hereunder Art. 7. The Agent or General Agent shall otherwise instructed, and supplying the ad­ reimburse the Berth Sub-Agent at stated in­ of any portion of such compensation which juster with all disbursements accounts, docu­ it deems to be ih excess of fair and reason- tervals determined by the United States for ments and data required in the adjustment, all expenditures of every kind made by it ble compensation. The United States may statement and settlement of the general aver­ also deny reimbursement, in whole or in part, in performing, procuring or supplying the age. Reasonable compensation for and gen­ services, facilities, stores, supplies or equip­ of compensation under any arrangement or eral average allowances to the Berth Sub- agreement with an interested or related com­ ment as required hereunder, excepting gen­ Agent in such cases shall be in accordance eral and administrative expense (as presently pany which it deems to be exorbitant, extor­ with directions, orders or regulations of the tionate or fraudulent. The term “interested itemized in General Order No. 22 of the United States. This Article shall not apply to United States Maritime Commission), adver­ company” shall mean any person, firm, or cor­ services required of the Owner under Time poration in which the Berth Sub-Agent, or tising expense, taxes (other than sales and Charter. similar taxes or foreign taxes, of any kind any related company of the Berth Sub-Agent, Art. 10. The negotiation and settlement of or any officer or director of the Berth Sub- to the extent determined by the United States all salvage claims for services rendered by Agent, or any employee of the Berth Sub- to be classifiable as voyage expenses for the vessels shall be controlled by the Owner and Agent who is charged with executive or super­ account of the United States) and any other the United States in accordance with the pro­ visory duties, or any member of the imme­ expenses which are not directly and exclu­ visions of the applicable Time Charter. The diate family of any such officer, director or sively applicable to the maintenance, man­ Berth Sub-Agent shall furnish the United employee, or any officer or director of any agement, operation or the conduct of the States, the Agent or the General Agent with related company of the Berth Sub-Agent, or business oTthe vessels hereunder. The Berth full reports and Information on all salvage any member of the immediate family of an Sub-Agent shall be reimbursed for sales and services rendered. officer or director of any related company of FEDERAL REGISTER, Friday, September 25, 1942 7569

the Berth Sub-Agent, owns any substantial (c) In the event that the Berth Sub-Agent Art. 19. No person elected or appointed a pecuniary interest directly or Indirectly. The shall perform any stevedoring, terminal, or member of or delegate to Congress or a term “related company”, used to indicate a similar service for the vessels hereunder at Resident Commissioner, directly or indi­ relationship with the Berth Sub-Agent for commercial rates, the Berth Sub-Agent shall rectly, himself or by any other person in trust the purposes of this Article only, shall include have all the obligations and responsibilities for him, or for his use or benefit, or on his any person or concern that directly, or indi­ of the person performing such service under account shall hold or enjoy this Agree­ rectly through one or more intermediaries, the standard or other approved form of con­ ment in whole or in part, except as pro­ controls, or is controlled by, or is under com­ tract with the United States or, in the ab­ vided in Section 206, Title 18, U. S. C. The mon control with, the Berth Sub-Agent. The sence of such standard or approved form, Berth Sub-Agent shall not employ any mem­ term “control” (including the terms “con­ under usual commercial practice. ber of Congress, either with or without com­ trolled by” and “under common control (d) The Berth Sub-Agent shall be under pensation, as an attorney, agent, officer or with”) as used herein means the possession, Û0 liability to the United States, the Agent director. directly or indirectly, of the power to direct or the General Agent of any kind or nature In witness whereof, the parties hereto have or cause the direction of the management and whatsoever in the event that the Berth Sub- executed this Agreement in triplicate as of policies of the Berth Sub-Agent (or related Agent should fail to perform any service company), whether through ownership of vot­ hereunder by reason of any labor shortage, United States of America, ing securities, by contract, or otherwise. dispute or difficulty, or any strike or lockout By: E. S. Land, Administrator, Art. 14. This Agreement, unless sooner or any shortage of material or any / act of War Shipping Administration. terminated, shall extend until six months God or peril of the sea or any other cause By: ------, after the cessation of hostilities. beyond the control of the Berth Sub-Agent For the Administrator. Art. 15. The United States shall, when it whether or not of the same or similar na­ may legally do so, have the advantage of any ture; or shall do or fail to do any act in re­ By: . existing, or future, contracts of the Agent for liance upon instructions of military or naval Attest: the purchase or rental of materials, fuel, sup­ authorities. plies, facilities, services, or equipment, if this (e) The Agent or General Agent shall not Approved as to form: may be done without unreasonably inter­ be held responsible for acts of a Berth Sub- fering with the requirements of other vessels Agent expressly appplnted by or at the direc­ General Counsel, owned or operated by the Berth Sub-Agent. tion of the United States. War Shipping Administration. Art. 16. (a) The United States shall in­ Art. 17. Wherever and whenever herein any demnify, and hold harmless and defend the right, power, or authority is granted or given § 306.47 Appointment of berth sub­ Berth Sub-Agent against any and» all claims to the United States, such right, power, of agents. An agent or general agent, after and demands (including costs and reasonable authority may be exercised in all cases by the being so directed by War Shipping Ad­ attorneys’ fees in defending such claim or War Shipping Administration or such agent ministration, in appointing a berth sub­ demand, whether or not the claim or demand or agents as it may appoint or by its nominee, agent shall do so by letter or telegram to be found to be valid) of whatsoever kind or and the act or acts of such agent or agents the appointee, stating that the appoint­ nature and by whomsoever asserted for in­ or nominee, when taken, shall constitute the jury to persons or property arising out of or act of the United States hereunder. In per­ ment is made pursuant to the provisions in any way connected with the operation or forming its services hereunder, the Berth of this order, and that the berth sub­ use of said vessels or the performance by Sub-Agent may rely upon the instructions agent shall perform his duties on behalf the Berth Sub-Agent of any of its obliga­ and directions of the Administrator, the Agent of the agent or general agent 'in accord­ tions hereunder, including but not limited to or the General Agent, his officers and respon­ ance with the provisions of the form of any and all claims and demands by pas­ sible employees, or upon the instructions and agreement set forth in § 306.46 of this sengers, troops, gun crews, crew members, directions of any person or agency authorized order which shall be incorporated in the shippers, third persons, or other vessels, and by the Administrator. Wherever practicable, including but not limited to claims for dam­ the Berth Sub-Agent shall request written notification of appointment by referring ages for injury to or loss of pfoperty, cargo or confirmation of any oral instructions or di­ to this General Order, and the berth sub­ personal effects, and claims for damages for rections so given. agent shall by letter or telegram accept personal injury or loss of life. Art. 18. (a) The Berth Sub-Agent war­ the appointment. The effective date of (b) The Berth Sub-Agent shall be under rants that it has not employed any person the agreement between the parties shall ' no responsibility or liability to the United to solicit or secure this Agreement upon any States, the Agent or the General Agent for be the date upon which the notification agreement for a commission, percentage, of acceptance of the appointment is dis­ loss or damage to the vessels arising out of brokerage or contingent fee. Breach of this any error of judgment or any negligence on warranty shall give the United States the patched by the berth sub-agent, or as the part of any of the Berth Sub-Agent’s right to annul this Agreement or in its otherwise agreed by the parties with the officers, agents, employees, or otherwise. discretion to deduct from any amount pay­ approval of the Administrator. However, the Berth Sub-Agent may be held able hereunder the amount of such com­ liable for loss or damage not covered by in­ mission, percentage, brokerage or contin­ (E.O. 9054, 7 F.R. 837) surance or assumed by the United States as gent fee. required under Article 8 of this Agreement, if [seal] E. S. Land, such loss or damage is directly and primarily (b) In any act performed under this caused by willful misconduct of principal Agreement, the Berth Sub-Agent and any Administrator. supervisory shoreside personnel or by gross subcontractor shall not discriminate against S eptember 22, 1942. negligence of the Berth Sub-Agent in the any citizen of the United States of America selection of such principal supervisory per­ on the ground of race, creed, color or na­ [F. R. Doc. 42-9492; Filed, September 24,1942; sonnel. tional origin. 11:54 a. m.]

/ 7570 FEDERAL REGISTER, Friday, September 25, 1942

sages may be filed at any commercial must NOT be shown. The normal sig­ Notices telegraph, cable, or radio office in the nature of the individual will be used with­ continental limits of the United States, out grade, unit, or arm of service, and WAR DEPARTMENT. at which places there are on record a will be limited to three words or two list of all authorized APO cable addresses initials and one word, to include the last F ixed T ext and Senders Composition to which messages may be sent. Each name in either case. Oversea Cable and R adio Messages Army post office has been assigned a 4. Fixed texts for EFM messages—(a) two-word address consisting of a six- Correspondence. 1. Fixed text (EFM) and sender’s com­ letter word, the first two letters of which 1. Letter received many thanks. position oversea cable and radio mes­ are “AM—” and an eight-letter word 2. Letters received many thanks. sages—(a) General. Arrangements have such as “WATCHDOG.” The first word 3. Telegram received many thanks. been made by the War Department for is the APO cable address and the second 4. Parcel received many thanks. the handling of personal cablegrams and is the “routing word.” Outgoing mes­ 5. Parcels received many thanks. radiograms to and from members of sages will be addressed showing grade, 6. Letters and parcels received the armed forces stationed outside the full name, and Army serial number of the many thanks. continental United States where com­ addressee, the APO cable address, and 7. Letter and 'telegram received mercial facilities are available and the the routing word. The signature will many thanks. military situation permits. A method of be the regular signature of the sender, 8. Telegram and parcels received codified addresses has been designed ¿nd is limited to three words or two many thanks. which will permit the expeditious han­ initials and one word, to include the last “ 9. Letters sent. dling of these messages and, at thegsame name in either case. The authorized 10. Parcels sent. time, provide for the security of informa­ APO cable addresses and routing words 11. Letters and parcels sent. tion. It is imperative that the instruc­ are available at all local telegraph, cable, 12. Many thanks for letter. tions outlined herein be followed in the or radio offices accepting these messages. 13. Many thanks for parcel. address and signature. Two types of An example of a proper address is: messages are available. Their definition 14. Many thanks for telegram. and methods of addressing and ascer­ .Private John L. Wilson, 13286272 15. No news of you for some time. AMTRAG WATCHDOG 16. Writing. taining the correct rates are outlined in 17. Urgent. (b) and (c) below. (b) Both fixed text and sender’s com­ 18. Please write or telegraph. (b) Fixed text message. This type position messages must be addressed as 19. Please write. message will be identified by the symbol above, the only distinction being that 20. Please telegraph. EFM (Expeditionary Force Messages) fixed text messages must carry the iden­ 21. Please reply worried. and will consist of not more than three of tifying symbol EFM, while for sender’s 22. to 25 blank. the authorized numbered fixed texts in composition messages there is no special (b) Greetings. any one message (par. 4). With few ex­ symbol necessary other than the regular 26. Greetings. ceptions the EFM message will cost 600 commercial indicator used to denote the 27. Loving greetings. plus the regular Federal message tax. class of commercial service chosen. 28. Fondest greetings. Paragraph 5 primarily for use in the fixed Fixed text messages generally will be 29. Love. text (EFM) service, contains a complete filed on specially printed EFM forms 30. Darling. list of the coded APO cable addresses and while sender’s composition messages will 31. All my love. coded routing words for the countries of be filed on the regular commercial tele­ 32. All my love dearest. destination. The routing word is a graph, cable, or radio message blanks. 33. All our love. necessary part of the address but the fact Each message will reach the censorship 34. Fondest love. that a routing word is shown in column 3 station in the course of normal routine does NOT mean EFM service is available 35. Fondest love darling. where the proper country will be sub­ 36. Best wishes. «. to this point. EFM service is available stituted for the routing word by Army 37. Greetings from us all. only to those APO cable addresses for personnel. The message then will be which a rate is indicated in column 4 of 38. Loving greetings from all of us. censored and returned to the communi­ 39. Best wishes from all of us. paragraph 5. Amendments thereto will cations company for transmission. be published from time to time as new 40. Fondest wishes from all of us. w (c) When the message is received by 41. Best wishes and good health. APO’s are added to the list. An EFM the foreign cable or radio terminus, it will NOT be accepted unless the coded 42. Kisses. will be turned over to the Army postal 48. Love and kisses. cable address is shown in the second col­ agencies, as designated by the APO cable umn and the EFM rate is shown in col­ 44. Fondegt love and kisses. address, for delivery to the addressee. 45. Well. umn 4 of paragraph 5. In certain cases Formal delivery normally will be accom­ where a temporary APO number has been 46. All well at home. assigned, this number will not appear on plished through Army postal channels, 47. Best wishes for Christmas. the routing chart but if the coded cable but local commanders may vary this pro­ 48. Best wishes for Christmas and address supplied by the sender is shown cedure as they see fit, and to the extent New Year. (column 2, par. 5), the message should be that arrangements can be made with 49. Loving wishes for Christmas. accepted and transmitted in the regular foreign communication carriers, provided 50. Loving wishes for Christmas and manner. suitable records are kept to prove de­ New Year. (c) Sender’s composition message. livery. 51. Loving Christmas thoughts. This type message is available to all of 3. Incoming messages. To insure cen­ 52. Happy Christmas. the coded destinations (routing words) sorship it has been agreed that all mes­ 53. Happy Christmas and New indicated in paragraph 5. sages from troops overseas, with certain Year. >• Such messages are subject to the regu­ exceptions approved by the War Depart­ 54. Good luck. lar rates, dependent upon the service ment, will be accepted at local APO’s or 55. Keep smiling. classification chosen by the sender and other Army postal agencies by designated 56. My thoughts are with you. will be checked in the usual manner. clerks who will make cash collection, no 57. Many happy returns. The text will be composed by the sender charge accounts, giving suitable receipt 58. Birthday greetings. but must comply with all of the commer­ therefor. Censorship will be accom­ 59. Loving birthday greetings. cial telegraph, cable, or radio carries’ plished in the same manner prescribed 60. Happy anniversary. rules and regulations, including censor­ for censorship of ordinary mail and the 61. You are more than ever in my ship requirements. Each army command messages then transmitted to the local thoughts at this time. abroad has been advised by this sender’s communications company in accordance 62. Best wishes for a speedy return. composition service and has completed with such procedure as may be agreed 63. Good show keep it up. arrangements for its acceptance by the upon v locally. All messages received in 64 to 67 blank. various foreign administrations involved. this country will show “Sans Origine” (c) Health. 2. Outgoing messages, (a) Fixed text and the six-letter cable address in the 68. Family all well. (EFM) and sender’s composition mes­ preamble. The country or city of origin 69. All well children evacuated. FEDERAL REGISTER, Friday, September 25, 1942 7571 70. All well children returned home. 71. Ail well and safe. Transfer point APO EFM 72. Are you all right. No. Cable address Routing word rate 73. Are you all right worried about (cents) Postal WU MRT RCA CCC AAO CPC TR you. 74. Please don’t worry. 1 AMGEPI___ Platform...... 60 NY NYNY NY NY 75. Hope you are improving. 5 AMABDY___ Castiron____ 60 NY NY NY NYNY 24 AMQODA...... Absolute__ * 60 SF SF SF SF SF 76. Please telegraph that you are 24 AMGOTU...... Absolute...... 60 SF SF SF SF SF well. 27 AMABEL...... Absolute...... 60 SF SF SF SF SF 32 AMABFA...... Birthday NYSF SF SF 77. Are you ill. 34 AMABTN Charming__ 60 NY NY NY NY NY 78. Have you been ill. 37 AMGÜDV___ Ancestor...... NYNY 41 AMABKO...... Birthday__ NYSFSF SF 79. Illness is not serious. 251 AMABNE ..... Charming__ 60 NY NY NY NYNY 80. Illness is serious. 302 AMGEVA___ Platform___ 60 NY NY NY NY NY 81. I have left hospital. 305 AMEVOK...... Charming__ 60 NY NY NY NYNY 500 AMGUFA...... Birthday NYSFSF SF 82. In bad health. 501 AMABOR...... Birthday...... NY SF SF SF 83. Health improving. 502 AMABVTT ___ Blockade.... NY SF . SF 505 AMFUCO...... Platform___ 60 NY NYNY NY NY 84. Health fully restored. 506 AMFUMU___ Platform___ 60 NY NY NY NYNY 85. Son born. 507 AMFUNI...... Platform___ 60 NY NY NY NY NY 508 AMFUTY...... Platform___ 60 NY NY NY NYNY 86. Daughter born. 510 AMICEL...... Platform___ 60 NY NY NY NYNY 87 to 90 blank. 511 AMICFA...... Platform___ 60 NY NY NY NYNY 512 AMICKO___ Platform___ > 60 NY NY NY NYNY (d) Promotion. 513 AMÍCOR...... Platform___ 60 NYNY NY NYNY 91. Congratulations on your promo­ 514 AMIDAT...... Platform...... 60 NYNYNY NYNY tion. 515 AMIDPO...... Platform___ 60 NY NY NY NYNY 516 AMIFAN...... Platform...... 60 NYNY NY NY NY 92. Very pleased to hear of your 517 AMIGHO____ .Platform...... 60 NY NYNY NY NY promotion. 518 AMIGUV...... Platform___ 60 NY NY NY NYNY 519 AMIHOP...... Platform__ _ 60 NY NYNY NY NY 93. Delighted hear about your pro­ 601 AMEMPO___ Solitude____ 60 AKR AKR NY motion. 602 AMABWI...... Children___ 60 NY NY NY 603 AMACAT...... NYNY 94 to 97 blank. 604 AMACDI...... Inasmuch__ NYNY (e) Money. 605 AMGUKO___ Solitude__ _ 60 AÇRAKR NY 98. Please send m e ______606 AMELDE...... Shamrock__ NY NY NY NYNY 608 AMHORO___ Behavior___ NYNY NYNY NY pounds. 6J0 AMHÜFÜ___ Castiron___ 60 NYNYNY NY NY 99. Please send m e ______611 AMHUNA___ Castiron...... 60 NY NY NY NYNY 612 AMHEHA___ Castiron...... 60 NY NY NY NYNY dollars. 613 AMHYEL___ Castiron___ 60 NY NY NY NY NY 100. Have sent y o u ______614 AMHYFA___ Castiron...... 60 NY NY NY NYNY 6Ì6 AMGUOR___ NYNY NY NYNY pounds. 617 AMGUVU___ NY NYNY NYNY 101. Have sent y o u ______618 AMHOLA...... Baritone...... Miami Miami 625 AMGYAN___ Shamrock__ NYNY NYNY NY dollars. 633 AMFUVA...... Platform___ 60 NY NY NY NYNY Note: The actual amount In words to be 634 AMFYAS...... Platform___ 60 NY NY NY NYNY 635 AMFYMA___ Platform___ 60 NY NY NY NYNY inserted and transmitted immediately fol­ 636 AMFYSO...... Charming__ 60 NY NY NY NYNY lowing the text number. 637 AMGAHO___ Platform...... 60 NY- NYNY NYNY 638 AMGASU...... Platform___ 60 NY NY NY NYNY 102. Can you send me any money. 639 AMGILU...... Platform...... 60 NY NY NY NYNY 640 AMGIBO...... Platform...... 60 NY NY NY NYNY 103. Glad if you could send some 641 AMGIMI...... Charming__ 60 NYNY NY NYNY .money. 642 AMGOBY___ Charming__ 60 NYNY NY NYNY 643 AMHEOP...... Educator...... NY NY NY NY 104. Have received money. 644 AMIHUG...... Platform___ 60 NY NY NY NYNY 105. Have you received money. 645 AMIJEF...... Platform___ 60 NY NY NY NYNY 646 AMIKAM...... Platform___ 60 NYNYNY NYNY 106. Have you sent money. 647 AMIKUK..... Platform___ 60 NY NY NY N Ï NY 107. Thanks for money received. 648 AMILAW...... Platform___ 60 NYNY NY NY NY 108. Have not received money. 649 AMILIC...... Platform...... 60 NY NY NY NYNY 650 AMTL.TO ___ Platform___ 60 NY NY NY NY NY 109. Unable to send money. 651 AMILOF...... Platform..... 60 NYNYNYNY•NY 110. Sorry cannot send money. 652 AMIMBU...... Platform..... 60 NY NY NYNYNY 653 AMIMIL...... Platform___ 60 NŸ NY NY NY NY Ill to 114 blank. 654 AMIMUF____ Platform___ 60 NY NY NY NYNY (f) Congratulations. 655 AMINAR...... Platform...... 60 NY NY NY NY NY 656 AMINET___ Platform___ 60 NYNYNY NYNY 115. Congratulations on anniversary 657 AMIN IV ..___ Platform 60 NY NYNY NYNY best wishes. 658 AMIPAL...... Charming.... 60 NYNY NYNY NY 659 AMIPEN .... Charming__ 60 NYNY NYNYNY 116. Congratulations lasting happi­ 701 AMFOIT...... 60 Seat ness to you both. 702 AMFOKU...... 60 Seat Seat 117. Glad and proud to hear of your 703 AMIBEC...... Birthday NY SFSF SF 811 AMACOC...... Clothing 60 NYNYNY NY NY decoration everybody thrilled. 812 AMACPO___ Columbia.... 60 NYNY NYNY NY 118. Loving greetings and congratu­ 813 AMACUR...... Charming__ 60 NY NY NYNY n ¥ 814 AMADEO Consider I__ NYÑYNY NYNY lations. 815 AMADNY___ NYNYNY NYNY 119. Good luck keep it up. 816 AMADOL NYNYNYNY 817 AMDOSU...... 60 NY NY NY NY 120. I wish we were together on this 818 AMDOTI...... 60 NY NY NY NY special occasion all my best 819 AMHAKA.... Bachelor 60 NY NY NY 820 AMDUJO Holdback___ 60 NY NYNY NY wishes for a speedy reunion. 821 AMDUME.... 60 NYNYNYNY 121 to 134 blank. 822 AMDUVI...... Cornmeal___ 60 NY NY NYNY (g) Miscellaneous. 824 AMADPA NYNYNY NY 825 AMDYLU___ Postmark___ 60 NY NY NY NY NY NO 135. Very happy to hear from you 826 AMDYMT__ Postmark.... 60 NY NY NYNY NYNO dearest am fit and well. 827 AMERAR Postmark___ 60 NYNYNY NY NYNO 828 AMEBIV___ _ Postmark___ ' 60 NY NY NY NYNY NO 136. Hearing your voice on the wire­ 829 AMECBO....“. Postmark.... 60 NYNY NY NYNYNO less gave me a wonderful 8&0 AMEDRTT 60 NYNY NY NY NYNO thrill. 831 am efla...... 60 NY NYNYNYNY NO 832 am eFro...... 60 NY NYNY NYNYNO 5. Information on routing word, rate, 833 AMEGUN.__ 60 NY NY NY NY NYNO 834 A M Efiltf...... Postmark___ 60 NY NYNY NY NYNO etc., for messages. EFM service is avail­ 835 AME/US...... 60 NY NY NY NY NY NO able only to those points where an AMETCNA__ Postmark__ 60 NY NY NY NŸ NY NO amount is shown in the EFM rate AMHEYU_ 60 NY NY NŸ NY NY NO 838 AM UttO...... Postmark.... 60 NY NY NY NY NY NO column. 839_ AMIPGO...... Sidewalk...... 60 NY NY NY NY NO 7572

Transfer point Transfer point EFM APO EFM A,PO Cable address Routing word rate Cable address Routing word rate No. No. (cents) (cents) Postal WU MRT RCA CCC AAC CPCTR Postal WU MRT RCA CCC AAC CPC TR

840 AMTPTP 60 NY NY NY NY NO 954 AMCYLA—_. Absolute...... 60 SF SF SF. SF SF ------845 AMAOTIf! 60 NY NY NY NY NY ¡NO 955 AMCYRO.__4 Absolute...... 60 SF SF SF SF SE 846 AMADVO 60 NY NY NYNY NY 956 AMDABA...... Absolute___ 60 SF SF SF SF SF 847 AMAFCA...... ' 60 NY NYNY NY NY 957 AMDAQO___ Absolute___ 60 SF SF SF SF SF 848 AMAFEB... 60 NY NY NY NY NY 958 AMDARU___ Absolute___ 60 SF SF SF SF SF 849 AMAPFfO 60 NY NY NY NY NY 959 AMD A ST 60 SF SF SF SF SF 850 AMAFOO 60 NYNYNYNY NY 960 AMDEDO...... Absolute___ \ 60 SF SF SF SF SF 851 AMAFÍHT 60 NY NY NY NY NY 961 AMDENU___ Absolute___ v 60 SF SF SF SF SF 852 AMA GTN 60 NY NY NYNY NY 962 AMDEWA___ Absolute___ 60 SF SF SF SF SF 853 AMHTOF 60 NY NYNY NY NY 963 ÀMDIKU...... 60 SF SF SF SF SF 855 A M A OOP NY NYNYNY 964 AMHAPO...... Absolute___ 60 SF " SF SE SF SF 856 AMAOTfO NY NY NYNY 965 AMHYIN...... 60 SF SF SF SF SF 857 AMAHTTfi NY NY NYNY 966 AMHYKO___ Absolute..,.. 60 SF SF S>F SF SF NY 967 AMHYNE___ Absolute___ 60 SF SF SF SF SF AMAMET 60 NYNY NY NY REGISTER, FEDERAL 861 AMAPLÜ NY NY NYNY 968 AMHYOR__ 60 SF SF SF SF SF 862 AMARON.... 60 NYNY NY 971 AMEPVO...... Gunsmith__ 60 Seat Seat 863 AMASAP.. 60 NYNY NY 972 AMERAN...... Homespun... 60 Seat Seat 864 AMASUN... 60 NY NYNY 973 AMESCA...... Hydrogen__ 60 Seat Seat 865 AMATAR 60 NY NY NY 974 AMESOG...... 60 Seat Seat 866 AMA v o n 60 NY , NY NY 975 AMETMO___ Knightly___ 60 Seat Seat 867 AMBABI__ NY NY NY NY 976 AMETUG...... Linotype___ 60 Seat Seat 868 AMR ANO NYNYNYNY 977 AMGYMU___ Advisory___ 60 Seat Seat 869 AAfRARF, NYNYNYNY 978 AMBIVI...... Atomizer___ 60 Seat Seat 870 AMBEDY Chifdren * 60 NY NY NY 979 AMHODU___ Argument__ 60 Seat Seat 871 AMEWAM__ 60 NYNYNY NY NY 985 AMFAYO...... Magnetic___ 60 Seat Seat 872 AMEAKT . 60 NYNYNYNYNY 987 AMFEAR,___ Mediator___ 60 Seat Seat AMFAPY 60 NY NY NYNY NY 989 AMDILI...... Enormous__ 60 Seat Seat 874 aM f a s a 60 NY NY NY NY , NY 990 A M FEET...... Meshwork__ 60 Seat Seat 875 AMEVYO. . 60 NY NY NYNYNY 991 AMFEGU...... Mucilage___ 60 Seat Seat 876 A MTT AT)T NYNY NY 996 AM DlTA____ 60 Seat Seat 878 AMENDY .. 60AKR AKR NY 997 AMDOCA...... 60 Seat Seat 879AMBEFA . SF SF , SF SF 998 AMDOHO ... Question____ 60 Seat Seat 88fì AMREKT» NYNY' NYNY 999 AMFOLI...... Particle____ 60 Seat Seat 881 A M B EV U __ NY" NY NY NYNY

882 AMFTDU. NY NY : NY NYNY Friday 883 AMFILA . NY NY NYNY NY NOTES 884 AMQYCO__ NY NY NYNY NY 885 A METRO NY NYNYNY NY SF—San Francisco. WO—Western Union Telegraph Company, 886AMBICA ... NY NY NYNY NY NO—New Orleans. MRT—Mackay Radio and Telegraph Company. 887 AMBIHO 60NY NY NY NY NY NY—New York City. RCA—RCA Communications, Inc. 913 AMBIKE__. NYNY AKR—Akron, Ohio. OCO—Commercial Cable Company. , 914 AMFORY ... 60 SF SFSF SF SF Seat—Seattle, Wash. CPC—Commercial Pacific Cable Company. 25 September 915 AMFOTA...... 60 SFSFSF SF SF Miami—Miami, Fla. A AC—All American Cables and Radio, Inc. 918AMBOEF . 60 Postal—Postal Telegraph-Cable Company. TR—Tropical Radio Telegraph Company. 920- AMBOKI NY SFSFSF 921 , AMBOSA____ NY SFSFSF ing and revoking code membership and 922 AMROYO ,, NY SFSF SF CR.S. 161; 5 UJS.C. 22) cars. Í70, 249, 923 A M R tim r NY SF SF SF and 289, W.D., 1942] cease and desist order. 924 aM rttro NY SF SF SF A complaint dated January 16, 1942, 925 AMRYRY NY SF SF SF [seal] H. B. Lew is, 926 A MR YE) A NY SF SF SF pursuant to the provisions of sections 4 927 AMRYTTT NY SF SF SF Brigadier General, II (j) and 5 (b) of the Bituminous Coal 928 AMÍTYEP * NY SFSF SF Acting The Adjutant General. Act of 1937 (the “Act”), having been , 929 a m t r f o NY SF SF SF 1942 931 AMCARA ' 60 [F. R. Doc. 42-9465; Filed, September 23,1942; duly filed on January 16, 1942, by the 932 AMCAWO__ r NY SF SF 3:12 p. m.] Bituminous Coal Producers Board for 933 AMCEFU.„ 60 934 AMCELY . 60 District No. 6, a District Board (the 935 AMOFNA 60 “Complainant”), with the Bituminous 936 AMORTO‘ 60 937 AM CICU.j___ 60 Coal Division (the “Division”), alleging 938 a M firn r 60 DEPARTMENT OF THE INTERIOR. that the Cove Hill Coal Company, a Code 939 AMOTTCA 60 Member (the “Code Member”), which 940 AMfilPO _ 60 Bituminous Coal Division. 941 AMGTTE 60 operates the Three Springs Mine No. 1, 942 AMCOAD__ * r ■' 60 [Docket No. B-190] Mine Index No. 21, and the Three Springs 943 AMCOEF __ 60 Mine No. 2, Mine Index No. 24, both Id­ 944 AMCOKI.... 60 Cove Hill Coal Company 945 AMCOPY.___ 60 eated in Hancock County in West Vir­ 946 AMCOSA__ 60 CEASE AND DESIST ORDER, ETC. 947 AMOOYO A 60 ginia, District No. 6, wilfully violated the 948 AMOTTBO 60 provisions of the Act, the Bituminous 949 AMF.PEG___ 60 Order granting application filed pursu­ 950 AMOTTT.TT 60 SFSFSFSF SF ant to § 301.132 of the rules of practice Coal Code (the “Code”) , the Schedule of 951 AMOTTMT 60 SF SFSFSF SF and procedure for disposition hereof Effective Minimum Prices for District 952 AMOTTSY 60 SFSFSFSF ‘ SF 953 AMCYIHL__ Absolute.,... 60 SF SF * SFSF SF without formal hearing, cancelling hear- No. 6 for Truck Shipments as amended FEDERAL REGISTER, Friday, September 25, 1942 7573 (the “Schedule”), and rules, regulations ley Coal Corporation, Docket B-189, are amended, filed pursuant to said § 301.132 and orders promulgated by the Division interrelated with the proceeding in the of the Rules of Practice and Procedure, pursuant to the Act, as more fully set matter of Constanzo Coal Mining Cor­ for disposition without formal hearing forth in the complaint; and poration, Registered Distributor, Regis­ of the charges contained in the complaint The complaint and notice of and order tration No. 1897, Docket 1540-FD; that herein which was filed with the Division for hearing herein, dated April 18, 1942, the three proceedings should be viewed on January 16, 1942, and upon evidence having been duly served on the Code as a.whole; and in the possession of the Division, Member on April 23, 1942; and In the findings of the Acting Director It is hereby found that: (a) Cove Hill A joint application, dated June 9,1942, dated March 26,1942 in Docket 1540-FD, Coal Company is a corporation organized of the Code Member and Wheeling Val­ it was found that Costanzo Coal Mining and existing by virtue of the Laws of the ley Coal Corporation for disposition with­ Corporation owned one-half of the capi­ State of West Virginia with the princi­ out formal hearing of this proceeding, tal stock of the Cove Hill Coal Company; pal place of business at Hollidays Cove, Docket No. B-190, and the proceeding in that Frank Costanzo was the President West Virginia, and is engaged primarily Docket No. B-189 pursuant to § 301.132 of both the Cove Hill Coal Company and in the business of mining and producing of the Rules of Practice and Procedure the Costanzo Coal Mining Corporation; bituminous coal in District No. 6. before the Division having been duly filed that the entire output of the Cove Hill (b) Cove Hill Coal Company filed with with the Division on June 10, 1942, and Coal Company was marketed through the Division its Code Acceptance dated which was denied by the Acting Director the Costanzo Coal Mining Corporation; June 9,1938. Said Code Acceptance was on June 16, 1942, pursuant to said that Costanzo Coal Mining Corporation made retroactively effective as of April § 301.132; and also owned the majority of the capital 16, 1938, since which time Cove Hill Coal The hearing herein having been post­ stock of the Wheeling Valley Coal Cor­ Company has been and now is a Code poned by order dated June 25, 1942 to poration; and that the Costanzo Coal Member in District No. 6. During the a date and place to be thereafter desig­ Mining Corporation and the Wheeling period when the violations hereinafter nated by appropriate order; and Valley Coal Corporation had officers in found occurred Cove Hill Coal Company A new joint application of the Code common; that those officers constituted was engaged in mining coal at the Three Member and of the said Wheeling Valley the respective Boards of Directors of Springs No. 1 Mine, Mine Index No. 21, Coal Corporation dated July 2, 1942, for said two companies; and that the entire and the Three Springs No. 2 Mine, Mine disposition of this proceeding and of the output of the Wheeling Valley Coal Index No. 24, both located in Hancock proceeding in Docket No. B-189 without Corporation was also marketed through County, West Virginia, District No. 6. formal hearing, pursuant to said the Costanzo Coal Mining Corporation. (c) Cove Hill Coal Company wilfully § 301.132, having been duly filed with the The transactions involved in Docket violated sections 4 n (e) and (g) of the Division on July 3, 1942; and 1540-FD are substantially the same as Act and Part II (e) and (g) of the Code, Notice of the filing of said joint ap­ those involved in the instant proceedings as alleged in paragraph II of the com­ plication having been published in the and in the Wheeling Valley Coal Cor­ plaint herein, by selling and delivering Federal R egister on July 10, 1942, pur­ poration proceeding, Docket B-189. On through its sales agent, the Costanzo suant to said § 301.132 and a conformed the basis of the violations found in Coal Mining Corporation, during the copy thereof having been duly mailed to Docket 1540-FD, the «registration of the months of December 1940 and January, the Complainant herein; and Costanzo Coal Mining Corporation was February and March 1941, to the Crescent Said notice of filing having provided suspended for a period of nine (9) Brick Company, New Cumberland, West that interested parties desiring to do so months by order issued in that proceed­ might within 15 days from the date of Virginia, coal produced at either said ing on March 26, 1942. Three Springs No. 1 Mine or Three said notice file recommendations or re­ Now, therefore, pursuant to the au­ quests for informal conferences with re­ thority vested in the Division by section Springs No. 2 Mine, or both of them, spect to said joint application and it 4 II (j) of the Act authorizing it to ad­ f. o. b. the plant of the Crescent Brick appearing that no such recommendations just complaints of violations and to com­ Company at prices below the effective or requests were filed with the Division pose differences of the parties thereto minimum prices therefor set forth in the within said 15 day period; and and upon the said joint application, as Schedule, as follows: An amendment dated August 3, 1942 to said joint application dated July 2, Effective 1942, having been duly filed with the Sales price minimum Size Tonnage per ton Division on August 3, 1942; and (. o. b. plant f. o. b. mine In said joint application as amended, price, per ton the Code Member admits that it wilfully 1940 violated the Act, the Code, and rules and 316.76 $2.15 $2.65 regulations thereunder as alleged in the 1941 complaint herein and consents to the lJi" lump...... 462.35 1.75 & 2.15 2.20 entry of an order of revocation and a &rx 4" egg...... "... 344.70 1.75 & 2.15 2.25 2" x 5" egg...... 916.80 .1.75 & 2.15 2.25 cease and desist order as hereinafter pro­ 4" lump...... 499.50 2.15 2.65 vided and consents to the Imposition, 6" lump...... 244.30 2.15 2.65 under section 5 (b) of the Act, of a tax 642.70 1.75& 2.15 2.20 Vrx 5" egg...... 1,283.65 1.75 & 2.15 2.25 in the amount of five thousand seven 5" lump...... 178.95 1.75 & 2.15 * 2.65 hundred and fifty dollars and twenty- 440.15 1.75 & 2.15 2.20 Vrx 5" lump...... 581.95 1.75 & 2.15 2.25 three cents ($5,750.23) which it agrees 5" lump...... 386.20 2.15 2.65 to pay to the United States, the payment of which amount is a condition preced­ 6,298.01 ent to the restoration of its code mem­ bership; and and to which effective minimum f. o. b. of Cove Hill Coal Company in the Code Also, in said joint application as mine price, Cove Hill Coal Company should be revoked with respect to the vio­ amended, and Code Member represents failed to add amounts at least equal as lations described in paragraph (c) that it has not to the best of its knowl­ nearly as practicable to the actual trans­ hereof. edge committed any violations of the portation charges, hauling charges or (e) The amount of tax imposed by sec­ Act, the Code or rules, regulations and incidental charges of whatsoever kind or tion 5 (b) of the Act with respect to the orders thereunder other than those vio­ character from the transportation facili­ coal described in paragraph (c) hereof lations admitted in the said joint appli­ ties at the respective mines to the plant and required to be paid as a condition cation as amended and as more par­ of the Crescent Brick Company, as re­ precedent to restoration of membership ticularly described in said notice of and quired by Price Instruction No. 6 of said of Cove Hill Coal Company in the Code order for hearing; and Schedule, as amended. is five thousand seven hundred and fifty- The instant proceeding and the pro­ (d) Pursuant to the said provisions of nine dollars and five cents ($5,759.05), ceeding in the matter of Wheeling Val- Section 5 (b) of the Act, the membership Which amount is 39% of fourteen thou- No. 189------i 7574 FEDERAL REGISTER, Friday, September 25, 1942 sand seven hundred and sixty-six dollars dumped into barges and transported to It is further ordered, That prior to and eighty-two cents ($14,766.82), the Toronto, Ohio, reloaded in trucks and restoration of Cove Hill Coal Company aggregate of the effective minimum prices transported a distance of six-tenths of a to membership in the Code, there shall be for such coal f. o. b. mine. mile to the bins of said purchaser, which paid to the United States a tax in the It is further found that: (f) Cove Hill method of transportation constituted amount of five thousand seven hundred Coal Company wilfully violated sections combination truck and river shipments and fifty-nine dollars and five cents 4 H (e) and (g) of the Act and Part II of coal, whereas minimum prices, tem­ ($5,759.05) as provided in section 5 (c) (e) and (g) of the Code, as alleged in porary or final, for such movement of of the Act; Provided, however, That Cove paragraph I of the complaint herein, by such coal had not been established by the Hill Coal Company shall be conditionally selling and delivering through its sales Division. restored to membership in thé Code, upon agent, the Costanzo Coal Mining Corpo­ (i) Cove Hill Coal Company wilfully ration, during the period from October 1, violated the Order of the Division en­ the payment of 50% . of five thousand 1940 to March 31,1941, both dates inclu­ tered in General Docket No. 19 on Oc­ seven hundred and fifty-nine dollars and sive, to the Weirton Steel Company, tober 9, 1940, by selling through its sales five cents ($5,759.05), conditioned upon Weirton, West Virginia, a total tonnage agent, the Costanzo Coal Mining Cor­ the payment of the remainder thereof in of 141,074.75 net tons of %" lump coal, poration, during the period December eight equal monthly instalments in the 2” lump coal, 4" nut and slack coal, 5" 1940 through January 1941, 2,150.11 net manner more particularly described in nut and slack coal and run of mine coal tons of 2" x 5" coal produced at either paragraph VH of said joint application, produced at the said Three Springs No. the said Three Springs No. 1 Mine or as amended, which sets forth the agree­ 1 Mine and the said Three Springs No. 2 the said Three Springs No. 2 Mine, or ment made between Cove Hill Coal Com­ Mine, respectively, f. o. b. the plant of the both of them, for delivery to various pany and the Collector of Internal Weirton Steel Company, at prices which purchasers. Such coal was transported Revenue for such instalment payments; were less than the effective minimum by truck from the mines to the Ohio and f. o. b. mine prices therefor set forth in River, dumped into the barges, trans­ It is further ordered, That Cove Hill the Schedule, and to which effective min­ ported to Port Homer, Ohio, reloaded into Coal Company, its representatives, ser­ imum f. o. b. mine prices Cove Hill Coal trucks and delivered to said various pur­ vants, agents, officers, employees, attor­ Company failed to add an amount at chasers, which method of transportation neys, receivers and successors or assigns least equal, as nearly as practicable, to constituted combination truck and river and all persons acting or claiming to act the actual transportation charges, han­ shipments whereas minimum prices, on its behalf or in its interest cease and dling charges or incidental charges, of temporary or final, for such movement desist and they hereby are permanently whatsoever kind or character from the of such coal had not been established by enjoined and restrained from violating transportation facilities at the respective the Division. the Bituminous Coal Act, the Bituminous mines to the plant of the Weirton Steel (j) Upon the basis of the violations Coal Code and rules and -regulations is­ Company, as required by Price Instruc­ described in paragraphs (f) to (i) hereof, sued thereunder, including, but not in tion No. 6 of the Schedule, as amended. inclusive, Cove Hill Coal Company limitation hereof, the making of further (g) Cove Hill Coal Company wilfully should be directed to cease and desist sales pursuant to said contracts between violated section 4 II (e) and (g) of the from all violations of the Act, the Code, the Cove Hill Coal Company and Weirton Act, as alleged in paragraph II of the and rules, regulations and orders there­ Steel Company and Crescent Brick Com­ Complaint herein, by selling and deliver­ under. pany respectively at less thanHie effec­ ing through its sales agent, the Costanzo It is hereby further found that the. tive minimum prices established for such Coal Mining Corporation to the Crescent contracts between Cove Hill Coal Com­ coals, and that the provisions hereof Brick Company, New Cumberland, West pany and Weirton Steel Company and shall continue in full force and effect in Virginia, during the period October 1, Crescent Brick Company, respectively, respect to Cove Hill Coal Company, its 1940, to March 31,1941, both dates inclu­ pursuant to which coal referred to in representatives, servants, agents, offi­ sive, in addition to the tonnage found in paragraphs I and II of the complaint cers, employees, attorneys, receivers and paragraph (c) hereof, a total of 4514.59 herein and paragraphs September 9, 1942. All land to be included in irrigation dis­ Section 20—NW%NE%; F red W . J ohnson, trict. Each water-rental application for land Township 12 North, Range 8 East: Commissioner of the General covered by this order shall be made on Form Section 12—Lots 2, 3, 4, S^SW ^; Land Office. 7-289 and the following clause shall be in­ Section 14—NEi/4NEV4, E‘/2SW&, SEy4; serted at the bottom of said form:/ Section 26—Wi/2ENW^NW»/4; The foregoing recommendation is “I agree to the inclusion of my land in an Section 34—SE%; hereby approved, as recommended, and irrigation district which shall comprise all of Township 10 North, Range 9 East: the Commissioner of the General Land the irrigable lands of the Willwood Division, Section 4—Lots 1, 2, W%NE]4. Ey2NWft, Office will cause the records of his office and I agree also to petition for and to partici­ nv2sw %, NEy4sEy4; and the local land office to be noted ac­ pate in the organization of an irrigation dis­ Section 10—NW14NE14, SWJ4NW%; cordingly. trict at the earliest practicable date, * • Section 12—Lot 7; Abe F ortas, 3. The records of the Bureau of Rec­ Section 14—Wy2SEi4, NE%SE^4; Under Secretary. Township 11 North, Range 9 East:. lamation show that a total of 11,743.64 Section 2—SE%NE%; S eptember 14, 1942. acres of land irrigable under the works section 10—Nwy4N w ^, sy2: of the Willwood Division are covered by Section 12—Ey2SW%, SW%SE%, SWft [F. R. Doc. 42-9470; Filed, September 24, 1942; said public orders; and the records of the NW%SE%, NW}4NE%SE%; 10:10 a. m.] Bureau of Reclamation and the General Section 14—S^ S 1/^: Land Office show that of said 11,743.64 Section 20—NE (4 SW , N^SE1^, BE Vi acres comprising the irrigable area of SEVi; [No. 50] Section 24—SWy4SEy4; said division, 10,943.69 acres were entered Section 28—SWy4NWV4, W&SW%. SE»4 S hoshone I rrigation P roject, W ill wood under the homestead laws and subject to SWV4; D ivision the Reclamation Law, pursuant to the Section 30—Lots 1, 2, 3, 4, SW%NEx/4, terms and conditions of said public or­ REPAYMENT OP CONSTRUCTION COST sev4Nw %, Ey2swy4, s e %; ders, and each thereof. Section 32—NEV4NEy4, Wy2NEy4, Wy2, August 31,1942. 4. Based upon said records of the Bu­ sy2SE^: Township 12 North, Range 9 East: 1. Pursuant to the authority of the act reau of Reclamation and of the General Section 4—N%; of June 17,1902 (32'mat. 388), and acts Land Office and in accordance with the Section 6—Lots 12, 14, 20, 23; amendatory théreof or supplementary provisions of each of said public orders Section 34—SEV4SWy4, NWy4SEV4; U thereto, herein styled the Reclamation relating to the repayment of construc­ Township 13 North, Range 9 East: Law, the public lands in the Willwood tion cost, as above set out, I hereby find Section 1—Lots 15, 16, SEV4; and determine that sufficient settlers Section 2—Lots 1, 2, 7, 8, 10, 13, 18, 4WV4l division of the Shoshone irrigation proj­ have been secured to permit the forma­ Section 11—Lots 1, 2, SWV4. NWV4^w%» ect, Wyoming, were opened to entry, tion and organization of all of the lands section 22—NW14, Ny2swy4, sw y4swy4; under the homestead laws and subject to Section 23—wy2wy2SEV4; all the provisions, limitations, charges, embraced within the Willwood division Section 24—Lots 1, 2, NV2 • EVi SW V4, SEV4; terms, and conditions of said Reclama­ of the Shoshone irrigation project as an Section 25—Lot 1, Wy2NWV4, NW&SWft; tion Law, by public orders as follows: irrigation district under the laws of Wyo­ Section 26—Lot 1, Ny2NEy4, Ny2Sy2NEV4. ming, such district at the earliest date SEV4SEV4NEV4, Ei/2SWi/4SEi/4NEy4, Sy2NEV4 Order of May 11, 1927______(No. 38) practicable after its organization to enter SEV4, NEV4NEV4SEV4, Ey2NWV4NEV4SEV4; Order of June 25, 1928______(No. 40) into a joint liability contract with the Section 28—Ny2NEV4, SWV4NEV4, NWV4. Order of May 10, 1929______(No. 41) Order of April 22, 1931______(No. 43) United States, providing generally for the wy2sw vi; repayment of the construction cost of section 30—NWV4SEV4, S^SE^; Order of June 18, 1935______(No. 46) Order of June 22, 1938______(No. 48) the Willwood division of the Shoshone Section 32—Lot 4; irrigation project, under the provisions Section 33—Lots 9, 10; 2. Each of said public orders contains Section 34—Lots 1, 2, 4, 7, 9, 10, 11, 12, 13, of section 9 (d) of the Reclamation Proj­ 16, 17, 18, 19, 20; the following provisions: ect Act of 1939, as permitted under sec­ Township 14 North, Range 9 East: Repayment of construction cost. The Act tion 7 (b) of that act, or under the Section 25—SEV4; of May 25, 1926 (44 Stat. 648), authorizes the provisions of section 46 of the Act of Township 11 North, Range 10 East: Secretary to fix a period of not more than 40 May 25, 1926 (44 Stat. 636, 649), as con­ section 8—wy2swv4 ; years for the repayment of construction costs templated when the said public orders, Section 18—SWV4SWV4NEV4, NW%NEV4 but provides also that before the 40-year plan and each of them, opening the lands to Nwy4, NWV46WV4 ; may be made effective, a contract must be Section 22—SWV4, NW&SE&; executed with a water users association or entry were issued, as mutually agreed Section 25—SWV4; Irrigation district whereby such water users upon between such district and the Section 26—SWV4; association or Irrigation district shall be re­ United States. Township 13 North, Range 10 East: quired to pay the entire charges against all 5. Pursuant to the authority of said Section 1—Lots 8, 9, 10, 14, Sy2NWV4l productive lands within the division wthout Reclamation Law and in accordance with Section 11—Lot 1, Ny2SEy4NEV4, SWft regard to default in the payment of charges the provision of the public orders above NEV4, SEV4; against any individual tract of land. Since described, and each thereof, relating to Section 14—AU; the Willwood Division, except for a few tracts, Section 15—Lots 4, 5, Sl/2NEV4, Ny2SEV4. embraces only public land it would not be the repayment of construction cost, I SEV4SEV4; possible to make such a contract until the order and direct that if the organization Section 19—Lots 10, If, 12, 17, 18, 19, 20, lands are open and entered. Under the cir­ of the lands of said Willwood division as 21, 24; cumstances, the division will be operated on an irrigation district under the laws of Section 20—Lots 1, 2, 8, 4, 5, 6, 7, 8, 9, 10, a water-rental basis untU sufficient settlers Wyoming has not been Initiated and NEV4; have been secured, in the judgment of the thereafter prosecuted with due diligence Section 21—Lots 5, 6; Secretary of the Interior, to permit the for­ Section 22—All; mation of an irrigation district, at which within ninety days from the date of this Township 14 North, Range 10 East: time a so-called joint liability contract wiU notice, then public notice shall issue in Section 19—Lots 11, 16; be required, and the construction charges an­ accordance with the provisions of the Section 30—Lots 1, 8, 4, Lot 7, SWV4 nounced herein will be payable over a period Reclamation Extension Act of August 13, 7576 FEDERAL REGISTER, Friday, September 25, 1942

1914 (38 Stat. 686), under which con­ DEPARTMENT OF AGRICULTURE. ducted insofar as possible from payments struction charges shall be repaid by each« computed for other persons on the farm water user under said Willwood division Agricultural Adjustment Agency. with respect to which such materials or in accordance with section 1 of said act [ NER—600-A-l ] services were furnished. Any deficit of August 13, 1914. shall be paid by the producer to the Sec­ S pecial 1942 Agricultural Conservation Abe F ortas, retary. P rograms Under Secretary. Done at Washington, D, C. this 24th IF. R. Doc. 42-9469; Filed, September 24, 1942; NORTHEAST REGION day of September 1942. Witness my 10:10 a. m.] Pursuant to the authority vested in hand and the seal of the Department of the Secretary of Agriculture under sec­ Agriculture. tions 7 to 17, Inclusive, of the Soil Con­ [seal] G rover B. H ill, General Land Office. servation and Domestic Allotment Act Acting Secretary of Agriculture. [Public Land Order 40] (49 Stat. 1148), as amended, NER-600-A, the Special 1942 Agricultural Conserva­ [F. R. Doc. 42-9488; Filed, September 24, Î942; California tion Programs for the Northeast Region,1 11:42 a. m.] WITHDRAWING PUBLIC LANDS FOR USE OF THE section I, subsection A, 6, section II, sub­ WAR DEPARTMENT FOR AVIATION PURPOSES section G, and section VH, paragraph 4 are amended to read as follows: By virtue of the authority vested in Farm Security Administration. the President and pursuant to Executive Section I. Allotments, yields, pay­ Order No. 9146 of April 24, 1942, it is ments, and deductions. P erry County, Ohio ordered as follows: A. Potatoes. * * * DESIGNATION OF LOCALITIES FOR LOANS Subject to valid existing rights, the 6. Payment 1.8 cents. public lands in the following-described Section n , subsection G. Deduction Designation of localities in county in areas are hereby withdrawn from all for failure to maintain practices under which loans, pursuant to Title J of the forms of appropriation under the public- previous programs. Where the county Bankhead-Jones Farm Tenant Act, may land laws, including the mining laws, and committee, in accordance with instruc­ be made. reserved for the use of the War Depart­ tions of the State committee, determines In accordance with the rules and regu­ ment for aviation purposes: that (1) any terrace constructed, forest lations promulgated by the Secretary of trees planted or pasture established under Agriculture on July 1, 1941, as extended S a n B e r n a r d in o M e r id ia n any previous agricultural conservation by Supplement 2 of Secretary’s Memo­ T. 6 S., R. 21 E., - program are not maintained in accord­ randum No. 867 issued as of July 1, 1942, Tract 60; ance with good farming practices (2) any loans made in the county mentioned Tract 61, Sy2; seeding of perennial legumes or grasses Tract 62, Sy2; herein, under Title I of the Bankhead- Tracts 63, 64, 68, 66 and 67; is destroyed after producers in the Jones Farm Tenant Act, may be made Tract 81. county have been generally informed within the localities herein described and T. 6 S., R. 22 E., that the destruction of such legumes or designated. The value of the average Sec. 19, S%; grasses is contrary to good farming prac­ farm unit of thirty acres and more in Sec. 20, S%; tice, or (3) the effectiveness of any soil­ each of these localities has been deter­ Sec. 21, SW%; building practice carried out under any mined in accordance with the provisions Sec. 28, WVS; previous program is destroyed during the Secs. 29, 30, 31, and 82; of the said rules and regulations. A Sec. 33, Wi/2. 1942 program year contrary to good description of the localities and the de­ farming practice, there shall be deducted termination of value for each follow: The areas described, including both an amount equal to the payment that pubic and non-public lands, aggregate would be made under the 1942 program REGION n i — OHIO 5,637.80 acres. for a similar amount of sueh practice Perry County: Locality I—Consisting of This order shall be subject to the tem­ from the net payment due the person Clayton township; $3,029. porary withdrawal in aid of legislation Locality II—Consisting of Hopewell town­ (after increase in small payments and ship; $4,680. made by Executive Order No. 9101 of deductions for association expense) on Locality III—Consisting of Jackson town­ March 16, 1942, withdrawing certain the same or any other farm in the ship; $2,792. lands in sec. 31, T. 6 S., R. 22 E. county who was responsible for the fail­ Locality IV—Consisting of Madison town­ This order shall take precedence over ure to maintain such practices. In the ship; $4,116. but shall not rescind or revoke the tem­ event the amount of such deduction ex­ Locality V—Consisting of Reading town­ porary withdrawal for classification and ceeds the amount of payment for the ship; $4,702. other purposes made by Executive Order producer subject to deduction, the Locality VI—Consisting of Thorn town­ ship; $6,885. No. 6910 of November 26, 1934, as amount of such difference shall be paid Locality VII—Consisting of Bearfield, Coal, amended, so far as such order affects any by the producer to the Secretary. Harrison, Monday Creek, Monroe, Pleasant, of the above-described lands. Pike, and Salt Lick townships; $2,296. It is intended that the lands described Section VII, paragraph 4. herein shall be returned to the admin­ The deduction for materials or services The purchase price limit previously istration of the Department of the In­ shall be made from payment due the established for the county above-men­ terior, when they are nc longer needed person who obtained the materials or tioned is hereby cancelled. for the purpose for which they are services on the same or any other farm Approved: September 18,1942. in the county. In the event the amount reserved. [ seal] J. O. W alker, H arold L. I ckes, of the deduction for materials or services Secretary of the Interior. exceeds the amount of the payment for Acting Administrator, Farm the producer subject to deduction, the Security Administration. S eptember 11, 1942. amount of such difference will be de- IF. R. Doc. 42-9468; Filed, September 24,1942; [F. R. Doc. 42-9467; Filed, September 23,1942; 10:08 a. m.f *7 F.R. 2854. 4:10 p. m.] FEDERAL REGISTER, Friday, September 25, 1942 7577 DEPARTMENT OF LABOR. Single Pants, Shirts and Allied Garments, The William Carter Co., Barnesville, Wage and Hour Division. Women’s Apparel, Sportswear, Rain­ Georgia; Knitted underwear; 5 percent wear, Robes, and Leather and Sheep- (T ); September 24, 1943. Learner Employment Certificates Lined Garments Divisions of the Textile Industry ISSUANCE TO VARIOUS INDUSTRIES Apparel Industry The H. A. Austin Co., Inc., 15 Union Notice of issuance of special certifi­ Asher Pant Co., 10 Main St., Fitchburg, St., Worcester, Massachusetts; Sanitary cates for the employment of learners Massachusetts; Men’s pants; 10 percent' (T ); September 24, 1943. belts, chafe belts, breast forms and under the Fair Labor Standards Act of bandos, head dressings (Navy); 3 1938. The H. A. Austin Co., Inc., 15 Union learners (T); September 24,1943. Notice is hereby given that special St.„ Worcester, Massachusetts; Sanitary Castile Silk Co., Main St., Castile, New certificates authorizing the employment belts, chafe panties, breast forms and York; Rayon broad goods; 3 learners of learners at hourly wages lower than bandos, head dressings; 10 percent (T ); (T ); September 24, 1943. the minimum wage rate applicable under September 24, 1943. Economy Products Corp., 512 South section 6 of the Act are issued under sec­ Central Wash Suit Co., Inc., 116 No. Peoria St., Chicago, Illinois; Chenille tion 14 thereof, Part 522 of the regula­ Broad St., Peekskill, New York; Wash­ bedspreads; 5 learners (T); September tions issued thereunder (August 16, 1940, able service apparel, sportswear and 24, 1943. 5 F.R. 2802, and as amended June 25, other odd outerwear; 15 learners (T); Manetta Mills—Monroe Plant, Mill 1942, 7 F.R. 4723), and the determination September 24, 1943. St., Monroe, North Carolina; Cotton bed­ and order or regulation listed below and Coronet Mfg. Co., 1000 Broadway, spreads and cotton blankets; 3 percent published in the F ederal R egister as Kansas City, Missouri; Men’s bathrobes, (T ); September 24,1943. here stated. sport shirts; 24 learners (E); May 21, Apparel Learner Regulations, September 7, 1943. (This certificate became effective Signed at New York, N. Y., this 22nd 1940 (5 F.R. 3591). September 21, 1942). day of September, 1942. Single Pants, Shirts and Allied Garments, D & I Shirt Co., Inc., 89 Wallace St., M erle D. Vincent, Women’s Apparel, Sportswear, Rainwear, New Haven, Connecticut; Men’s shirts; Authorized Representative Robes, and Leather and Sheep-Lined Gar­ of the Administrator. ments Divisions of the Apparel Industry, IQ percent (T); September 24, 1943. Learner Regulations, July 20, 1942 (7 F.R. Improved Mfg. Co., 703 Union St., Ash­ [F. R. Doc. 42-9456; Filed, September 23,1942; 4724). ■ land, Ohio; Men’s & boys’ leather and 1:45 p. m.] Artificial Flowers and Feathers Learner cloth jackets, and wool coats; 10 percent Regulations, October 24, 1940 (5 F.R. 4203). (T ); September 24, 1943. Glove Findings and Determination of [Administrative Order No. 158] February 20, 1940, as amended by Adminis­ Monroe County Waist Co., Inc., 131 trative Order of September 20, 1940 (5 FR. Crystal St., E. Stroudsburg, Pennsylva­ S eamless H osiery I ndustry 3748). nia; Ladies’ blouses; 10 percent (T); Sep­ Hosiery Learner Regulations, September 4, tember 24, 1943. reconvening industry committee NO. 21 1940 (5 F.R. 3530). George W. Prior Co., 1735 Lawrence 1. By virtue of and pursuant to the Independent Telephone Learner Regula­ St., Denver, Colorado; Men’s shirts, authority vested in me by the Fair Labor tions, September 27, 1940 (5 F.R. 3829). ladies’ and juvenile shirts, ladies’ jeans; Knitted Wear Learner Regulations, October Standards Act of 1938, I, William B. 10, 1940 (5 F.R. 3982). 10 learners (T ); September 24,1943. Grogan, Acting Administrator of the Millinery Learner Regulations, Custom Styltrend Dress Mfg. Co. Inc., 34 Hop­ Wage and Hour Division, U. S. Depart­ Made and Popular Priced, August 29, 1940 (5 kins Place, Baltimore, Maryland; Ladies’ ment of Labor, do hereby reconvene for F.R. 3392, 3393). wash dresses; 3 learners (T ); September the seamless hosiery industry (as such Textile Learner Regulations, May 16, 1941 24, 1943. industry is defined in paragraph 2) In­ (6 FR. 2446). Tate Mfg. Co., Inc., 518 Craghead St., dustry Committee No. 21, composed of the Woolen Learner Regulations, October 30, 1940 (5 F.R. 4302). Danville, Virginia; Coveralls & shop following representatives: Notice of Amended Order for the Employ­ coats, pants, shirts, jackets, caps, aprons For the Public: G. Allan Dash, Jr., ment of Learners in the Cigar Manufacturing and miscellaneous items; 5 learners (T); Chairman, Philadelphia, Pennsylvania; Industry, July 20, 1941 (6 F.R. 3753). September 24, 1943. Frank de Vyver, Durham, North Caro­ The employment of learners under W. G. Sewing Co., Elizabeth, New lina; Burton R. Morley, University, Ala­ Jersey; Children’s cotton dresses and bama. these certificates is limited to the terms For the Employees: Alfred Hoffman, and conditions as to the occupations, smocks; 10 percent (T ); September 24, learning periods, minimum wage rates, et 1943. Philadelphia, Pennsylvania; Bert Bran­ Glove Industry ham, Chattanooga, Tennessee; Joseph cetera, specified in the determination Gradel, Milwaukee, Wisconsin. and order or regulation for the industry Smart Set Glove Co., Inc., 29 Chuc- For the Employers: J. Lee Bausher, designated above and indicated opposite tanunda St., Amsterdam, New York; Knit Reading, Pennsylvania; J. C. Greer, Le­ the employer’s name. These certificates fabric gloves; 5 learners (T ); September noir City, Tennessee; W. W. Neal, Sr., become effective September 24, 1942. 24, 1943. Marion, North Carolina. The certificates may be cancelled in the Hosiery Industry Such representatives having been ap­ manner provided in the regulations and pointed with due regard to the geograph­ as indicated in the certificates. Any Graysville Hosiery Mill, 125 East Main ical regions in which such industry is person aggrieved by the issuance of any St., Dayton, Tennessee; Seamless hos­ carried on. of these certificates may seek a review iery; 5 percent (T ); September 24, 1943. 2. For the purpose of this order the or reconsideration thereof. Morris Hosiery Mills, Denton, North term “seamless hosiery industry” means: Name and Address of F irm , I ndustry, P rod­ Carolina; Seamless hosiery; 5 learners The manufacturing or processing of seam­ uct, Number of Learners and Expiration (T ); September 24, 1943. Date less hosiery, including among other processes Runnymede Mills, Inc., 103 First St., the knitting, dyeing, clocking and all phases Apparel Industry Tarboro, North Carolina; Seamless hos­ of finishing seamless hosiery, but not includ­ Carmi Feature Underwear, Inc., Main iery; 5 percent (T ); September 24, 1943. ing the manufacturing or processing of yarn St., Grayville, Illinois; Men’s & boys’ Walridge Knitting Mills, Arkansas St., or thread. broadcloth shorts; 5 learners (T ); Sep­ Helena, Arkansas; Seamless hosiery; 5 3. The definition of the seamless hos­ tember 24, 1943. learners (T); September 24, 1943. iery industry covers all occupations in the The Manhattan Shirt Co., 60 Hill St., Wilkes Hosiery Mills Co., North Wilkes- industry which are necessary to the pro­ Greenwich, New York; Men’s cotton un­ boro, North Carolina; Seamless hosiery; duction of the articles specified in the defi­ derwear; 5 percent (T); September 24, 5 percent (T); September 24, 1943. 1943. nition, including clerical, maintenance, Knitted Wear Industry shipping and selling occupations: Provid­ Pittsburgh Garter Co., 131 Water St., ed, however, That this definition does not Pittsburgh, Pennsylvania; Belts, sus­ Atlas Underwear Co., North 10th & D include employees of an independent penders, garters and notions; 5 learners Sts., Richmond, Indiana; Knitted under­ wholesaler or employees of a manufac­ (T); September 24,1943. wear; 5 percent (T); September 24,1943. turer who are engaged exclusively in 7578 FEDERAL REGISTER, Friday, September 25, 1942 marketing and distributing products of gan, Acting Administrator of the Wage Nos. G-407 and G-406; that it will be in the industry which have been purchased and Hour Division, U. S. Department of the public interest to hold hearings upon for resale: And provided further, That Labor, the pertinent questions raised by such where an employee covered by this defini­ Do hereby accept the resignation of applications at the same time and place tion is employed during the same work­ Mr. Ambrose McCormick from Industry specified by the New York Commission in week at two or more different minimum Committee No. 21 for the Seamless its notice of September 12,1942, and that rates of pay, he shall be paid the highest Hosiery Industry, and do appoint in his a representative of the Federal Power of such rates for such workweek unless stead as representative for the employees, Commission sit jointly with the Commis­ records concerning his employment are Mr. Joseph Gradel of Milwaukee, Wiscon- • sioner designated by the New York Com­ kept by his employer in accordance with sin. mission. applicable regulations of the Wage and Signed at New York, New York this The Commission orders, That: Hour Division. 23d day of September 1942. (a) A public hearing be held in the 4. Industry Committee No. 21, in ac­ William B. Grogan, County Court House of the City of cordance with the provisions of the Pair Acting Administrator. Rochester, New York, on September 25, Labor Standards Act of 1938 and rules 1942, at 10:00 a. m., Eastern War Time! and regulations promulgated thereunder, [F. R. Doc. 42-9484; Filed, September 24,1942; upon the applications of Godfrey L. Cabot shall meet in the offices of the Wage and 11;34 a. m.] Inc. and Cabot Gas Corporation, Dockets Hour Division, U. S. Department of Labor, Nos. G-407 and G-406, to determine all room 1610, at 165 West 46th Street, New necessary and pertinent facts relating to York City, at 10:00 A. M. on October 29, the abandonment of service and the 1942, and shall proceed to investigate FEDERAL POWER COMMISSION. transportation of natural gas under sec­ conditions in the industry and recom­ tion 7 (b) of the Natural Gas Act. mend to the Administrator minimum [Docket Nos. G-407; G-406] (b) The representative designated by wage rates for all employees thereof who Godfrey L. Cabot, Inc. and Cabot Gas the Commission to preside at such hear­ within the meaning of said Act are “en­ Corporation ing is authorized (1) to conduct hearings in conjunction with the hearing of the gaged in commerce or in the production ORDER FIXING DATE OF HEARING of goods for commerce,” excepting em­ New York Public Service Commission and ployees exempted by virtue of the provi­ September 22,1942. work out with Commissioner Burritt the sions of section 13 (a )' and employees It appearing to the Commission that: best method of procedure, and (2) to coming under the provisions of Section 14. (a) On August 12,1942, Godfrey L. Cabot, hold such other and further hearings, ‘“’"'Signed at New York, New York, this Inc. filed an application under section if such be necessary, to complete the rec­ 23d day of September 1942. 7 (b) of the Natural Gas Act seeking ord for the purposes of final determina­ authority to abandon the service of sell­ tion upon the said applications here William B. Grogan, pending. Acting Administrator. ing natural gas to Cabot Gas Corporation and to sundry customers in Allegany By the Commission. [F. R. Doc. 42-0482; Piled, September 24,1942; County in the State of New York; that on [seal] Leon M. F uquay, 11:34 a. m.] the same date, the Cabot Gas Corpora­ Secretary. tion filed an application seeking authority [F. R. Doc. 42-9471; Filed, September 24,1942; under section 7 (b) of the Natural Gas 10:09 a.im.] [Administrative Order No. 159] Act to abandon the service of selling and transporting natural gas in the State of Printing and P ublishing and Allied New York. Graphic Arts Industry (b) On September 12, 1942, the Pub­ OFFICE OF ALIEN PROPERTY CUS­ acceptance op resignation from and ap­ lic Service Commission of the State of TODIAN. pointment to industry committee no. New York issued a notice of hearing in 49 case No. 10948 as follows: [Vesting Order 128] Proceeding on motion of the Commis­ Copyrights Covering "Mein Kampf” By virtue of and pursuant to the au­ sion as to service of Cabot Gas Corpora­ thority vested in me by the Fair Labor tion. * * * This Commission having Under the authority of the Trading Standards Act of 1938, I, William B. determined that an investigation should with the enemy Act, as amended, and Grogan, Acting Administrator of the be instituted as to the service provided Executive Order No. 9095, as amended,1 Wage and Hour Division, U. S. Depart­ by Cabot Gas Corporation, which inves­ and pursuant to law, the undersigned, ment of Labor, tigation shall include an investigation of after investigation, finding that the prop­ Do hereby accept the resignation of Mr. the Company’s available supply of nat­ erty hereinafter described is property Harold E. Fey from Industry Committee ural gas; whether such supply can be payable or held with respect to copy­ No. 49 for the Printing and Publishing augmented by additional purchases from rights, or rights related thereto, in which and Allied Graphic Arts Industry and Godfrey L. Cabot, Inc., or other persons interests are held by, and such property do appoint in his stead as representa­ or corporations; as to the present and constitutes interests held therein by, na­ tive of the public on such committee Mrs. prospective demands of its consumers; as tionals of a foreign country (Germany), Royal C. Taft, of Saunderstown, Rhode to its- outstanding contracts providing and having made all determinations and Island. for the sale and delivery of natural gas; taken all action, after appropriate con­ Signed at New York, New York this as to its plans for the abandonment of sultation and certification, required by 23d day of September 1942. service; and as to such other matters said Executive Order or Act or otherwise, William B. Grogan, that shall appear necessary or desirable, and deeming it necessary in the national Acting Administrator. therefore interest, hereby vests such property in the Alien Property Custodian, to be held, [F. R. Doc. 42-0483; Filed, September 24,1942; Take notice that a public hearing will 11:34 a. m.] be held in the above matter before Com­ used, administered, liquidated, sold or missioner Burritt in the County Court otherwise dealt with in the interest of House in the City of Rochester on Sep­ and for the benefit of the United States; such property being described as fol­ [Administrative Order No. 160] tember 25, 1942 at 10:00 A. M., Eastern War Time. lows: Seamless Hosiery Industry The Commission finds that: The ques­ (a) All right, title and interest of every kind or nature whatsoever of the owners thereof acceptance of resignation from and tions to be inqured into under the notice in, to and under the copyrights described in APPOINTMENT TO INDUSTRY COMMITTEE issued by the Public Service Commission Exhibit A attached hereto and made a part NO. 21 of the State of New York are substan­ hereof, including but not limited to all ac­ By virtue of and pursuant to the au­ tially the same as the issues raised by crued royalties, all rights to receive royalties, thority vested in me by the Fair Labor the applications filed by Godfrey L. Cabot, aU damages and profits recoverable at law or Standards Act of 1938,1, William B. Gro­ Inc. and Cabot Gas Corporation, Dockets » 7 F.R. 5205. FEDERAL REGISTER, Friday, September 25, 1942 7579

in equity from any or all persons, firms, corpo­ Nachf., G. m. b. H. otherwise known as Franz Monterey at $33.05 per 9 x 12. rations or governments for past infringement Eher Nachfolger, of Thierschstrasse 15, Pacific at $2.29 per square yard f. o. b. thereof, and all rights of renewal subject to München, Germany, and the effective date mill roll. be exercised by or through such owners. thereof being July 17, 1925. Pacific at $27.45 per 9 x 12. (b) All right, title and interest of every Copyright No. A. Foreign 34076, on a certain Pebblette at $2.36 per square yard f. o. b. kind or nature whatsoever of the authors of publication entitled “Mein Kampf”, the mill roll. the publications described ip Exhibit A author thereof being Adolf Hitler, the copy­ Pebblette at $28.32 per 9 x 12. attached hereto and made a part hereof right owner thereof being Franz Eher Nachf., in, to and under the copyrights described G. m. b. H., otherwise known as Franz Eher subject to discounts, allowances, and re­ in said Exhibit A, including but not lim­ Nachfolger, of Thierschstrasse 15, München, bates no less favorable than those in ited to all accrued royalties, all rights to Germany, and the effective date thereof being effect as to “Mercer”, “Plymouth” and receive royalties, all damages and profits re­ January 1, 1927. “Pebblesque” fabrics respectively, under coverable at law or in equity from any or Copyright No. A. Foreign 25381, on a certain § 1352.1 of Revised Price Schedule No. 57. all persons, firms, corporations or govern­ publication entitled “Hitler-Worte, Auss­ ments for past infringement thereof and all pruche Aus ‘Mein Kampf’ and Aus den Reden The differential between the maximum rights of renewal subject to be exercised by des Führers”, the author thereof being Adolf f. o. b. mill prices and the cut order and such authors or by their widows, children, Hitler, the compiler thereof being Bendikt key size (other than 9 x 12) maximum executors or next of kin. Welser, the copyright owner thereof being prices of “Monterey”, “Pacific”, and (c) All right, title and interest of every Ferdinand Hirt, of Konigsplatz 1, Breslau, “Pebblette” shall be no less favorable kind or nature whatsoever of the original Germany, and the effective date thereof being than the differential established under authors of the publications described in Ex­ April 17, 1934. § 1352.1 of Revised Price Schedule No. 57 hibit B attached hereto and made a part hereof in, to and under the two copyrights Exhibit B between the maximum f. o. b. mill prices and one copyright claim described in said Copyright No. A. 6625, on a certain publica­ and the cut order and key size (other Exhibit B, including but not limited to all tion entitled “Mein Kampf”, the original than 9 x 12) extra size, and zone maxi­ accrued royalties, all rights to receive roy­ author thereof being Adolf Hitler, the copy­ mum prices of “Mercer”, “Plymouth”, alties, and all damages and profits recovera­ right owner thereof being Houghton Mifflin and “Pebblesque” fabrics respectively. ble at law or in equity from any or all per­ Company, Boston, Massachusetts, and the (b) This Order No. 13 may be revoked sons, firms, corporations or governments for effective date thereof being October 11, 1933. or amended by the Administrator at any past infringement thereof. Copyright No. A. 127254, on a certain publi­ time. (d) All right, title and interest of every cation entitled “Mein Kampf”, complete and (c) Unless.the context otherwise re­ kind or nature whatsoever of Franz Eher unabridged fully annotated (unexpurgated), Nachf., G. m. b. H„ otherwise known as Franz the original author thereof being Adolf Hit­ quires the definitions set forth in § 1352.11 Eher Nachfolger, whose last known address ler, the copyright owner thereof being of Revised Price Schedule No. 57 shall was represented to the undersigned as be­ Houghton Mifflin Company, Boston, Massa­ apply to terms used herein. ing München, Germany, in, to and under chusetts, and the effective date thereof being (d) This order shall become effective the two copyrights and the one copyright March 4, 1939. on the 24th day of September 1942. claim described in Exhibit B attached here­ Copyright Claim No. AA 294861, on a cer­ to and made a part hereof, including but not tain publication entitled “Mein Kampf”, the Issued this 23 d day of September 1942. limited to all accrued royalties, all rights to original author thereof being Adolf Hitler, Leon H enderson, receive royalties, and all damages and profits the copyright claimant being Noram Publish­ Administrator. recoverable at law or in equity from any or ing Company, Greenwich, Connecticut, and all persons, firms, corporations or govern­ the effective date thereof being April 8, 1939. [F. R. Doc. 42-9463; Filed, September 23,1942; ments for past infringement thereof. 1:57 p. m.] [F. R. Doc. 42-9477; Filed, September 24, Such property and any or all of the 1942; 11: 01 a. m.] proceeds thereof shall be held in a spe­ cial account pending further determina­ [Order 14 Under Revised Price Schedule 57— tion of the Alien Property Custodian. Wool Floor Coverings] This shall not be deemed to limit the OFFICE OF PRICE ADMINISTRATION. P hiladelphia Carpet Company powers of the Alien Property Custodian [Order 13 Under Revised Price Schedule APPROVAL OF MAXIMUM PRICE to return such property or the proceeds 57—Wool Floor Coverings] thereof, or to indicate that compensation On June 18, 1942, the Philadelphia will not be paid in lieu thereof, if and H ightstown R ug Company—N ew F abrics Carpet Company, Philadelphia, Pennsyl­ when it should be determined that such APPROVAL OF PRICES vania, filed an application pursuant to return should be made or such compen­ § 1352.4 of Revised Price Schedule No. 57, sation should be paid. On July 28,1942 Hightstown Rug Com­ for permission to manufacture a new Any person, except a national of a pany of Hightstown, New Jersey, herein­ fabric and for approval of a maximum designated enemy country, asserting any after called applicant, filed an applica­ price thereof. This new fabric is desig­ claim arising a£ a result of this order tion pursuant to § 1352.4 of Revised Price nated in the application as Phoenix. may file with the Alien Property Cus­ Schedule No. 57 for approval of maxi­ Due consideration has been given to todian a notice of his claim, together mum prices of certain fabrics containing the application and an opinion, issued with a request for a hearing thereon, on jute and cotton in the back and 50% wool simultaneously herewith, has been filed Form APC-1, within one year from the and 50% rayon in the face. Applicant with the Division of the Federal Register. date hereof, or within such further time designated these proposed fabric* as For the reasons set forth in the opinion, as may be allowed by the Alien Property “Monterey,” “Pacific” and “Pebblette”. under the authority vested in the Price Custodian. Nothing herein contained Due consideration has been given to Administrator by the Emergency Price shall be deemed to constitute an admis­ the application and the specifications of Control Act of 1942, and in accordance sion of the existence, validity or right to the fabrics described therein and an with Procedural Regulation No. 1, It is allowance of any such claim. opinion has been issued simultaneously hereby ordered: The terms “national” and “designated herewith and has been filed with the (a) Philadelphia Carpet Company may enemy country” as used herein shall have Division of the Federal Register. For sell, offer to sell or deliver the new fabric the meanings prescribed in section 10 of the reasons set forth in the opinion and designated as Phoenix, at a price no said Executive Order. under the authority vested in the Price higher than $3.06 per square yard, f. o. b. Executed at Washington, D. C., on Administrator by the Emergency Price mill, subject to discounts, allowances, re­ August 28, 1942. Control Act of 1942, It is hereby ordered: bates and terms no less favorable than (a) Hightstown Rug Company may Leo T. Crowley, those in effect with respect to the maxi­ Alien Property Custodian. sell, offer to sell, deliver, or transfer the mum price for Duratone, as established fabrics containing cotton and jute in the by Revised Price Schedule No. 57. Exhibit A m back and 50% wool and 50% rayon in (b) This Order No. 14 may be revoked Copyright No. A. Foreign 28722, on a cer­ the face at prices no higher than those or amended by the Price Administrator tain publication entitled "‘Mein Kampf”, set forth below: at any time. . the author thereof being Adolf Hitler, the Monterey at $2.72 per square yard f. o. b. (c) Unless the context otherwise re­ copyright owner thereof being Franz Eher mill roll. quires, the definitions set forth in 7580 FEDERAL REGISTER, Friday, September 25, 1942 § 1352.11 of Revised Price Schedule No. simultaneously herewith, has been filed (c) Unless the context otherwise re­ 57 shall apply to terms used herein. with the Division of the Federal Register. ' quires, the definitions set forth in (d) This Order No. 14 shall become For the reasons set forth in the opinion § 1352.11 of Revised Price Schedule No. 57 effective on the 24th day of September and under the authority vested in the shall apply to terms used herein. 1942. Price Administrator by the Emergency (d) This order No. 17 shall become ef­ Price Control Act of 1942, It is hereby fective on the 24th day of September, Issued this 23d day of September 1942. ordered: 1942. X L eon H enderson, (a) A. & M. Karagheusian, Inc. may Issued this 23d day of September 1942. Administrator. sell, offer to sell, or deliver the new fabric < IP. R. Doc. 43-9462; Piled! September 23, 1942; designated as Beaucaire at a price no Leon H enderson, 1:68 p. m.] higher than $3.96 per square yard, f. o. b. Administrator. mill, and $49.35 for the 9' x 12' size, sub­ [F. R. Doc. 42-9461; Filed, September 23, 1942; ject to discounts, allowances, rebates and 1:56 p. m.] [Order 15 tinder Revised Price Schedule 57— terms no less favorable than those in Wool Floor Coverings] effect with respect to the maximum price A. & M. K araghetjsian Company—N ew for Renaissance, as established by Re­ [Order 17 Under Maximum Price Regulation F abric vised Price Schedule No. 57. The differ­ entials between the maximum square 122—Solid Fuels Delivered From Facilities approval of maximum price Other Than Producing Facilities—Dealers— yard f. o. b. mill price and the cut order, Dockets 3122-33 and 3122-35] On June 18, 1942, the A. & M. Karag- extra size, and zone maximum prices for heusian Company, New York, New York, Beaucaire shall be no less favorable than T he C. R eiss Coal Co. filed an application pursuant to § 1352.4 the differentials as established by Re­ of Revised Price Schedule No. 57, for per­ vised Price Schedule No. 57, between the ORDER GRANTING ADJUSTABLE PRICING PER­ mission to manufacture a new fabric and maximum square yard, f. o. b. mill price MISSION for approyal of a maximum price there­ and the cut order, extra size, and zone For the reasons set forth in an opinion of. This new fabric is designated^ in the maximum prices for Renaissance. issued simultaneously herewith and pur­ application as “Ventura”. (b) This Order No. 16 may be revoked suant to the authority vested in the Ad­ Due consideration has been given to or amended by the Price Administrator ministrator by the Emergency Price Con­ the application and an opinion, issued at any time. trol Act of 1942 and Procedural Regu­ simultaneously herewith, has been filed (c) Unless the context otherwise re­ lation No. 1, It is ordered: with the Division of the Federal Register. quires, the definitions set forth in (a) On and after July 1, 1942, the C. For the reasons set forth in the opinion, § 1352.11 of Revised Price Schedule No. 57 Reiss Coal Company, Reiss Building, under the authority vested in the Price shall apply to terms used herein. Sheboygan, Wisconsin may sell and de­ Administrator by the Emergency Price (d) This Order No. 16 shall become liver (1) Special Youghiogheny (War­ Control Act of 1942, It is hereby ordered: effective on the 24th day of September, den) by product 2" nut and slack coal (a) A. & M. Karagheusian Company 1942. to Wisconsin Michigan Power Company, may sell, offer to sell or deliver the new Issued this 23d day of September 1942. Appleton,-Wisconsin, and such consumer fabric designated as “Ventura” which is may buy and receive such solid fuel;- manufactured from the supply of staple Leon H enderson, (2) Gas 4" mine run to Wisconsin cotton on hand June 19, 1942, at a price Administrator. Public Service Corporation, Milwaukee, no higher than $2.32 per running yard of [P. R. Doc. 42-9459; Piled, September 23, 1942; Wisconsin, and such consumer may buy three quarter carpet, f. o. b. mill, subject 1:59 p. m.] and receive such solid fuel; and to discounts, allowances, rebates and (3) Island Creek Mine No. 22 2" x W terms no less favorable than those in ef­ nut coal, not rescreened at the dock, to fect with respect to the maximum price [Order 17 Under Revised Price Schedule 57— any one or moré of the following con­ for “Brixton”, as established by Revised Wool Floor Coverings] sumers: Kimberley-Clark Corporation, Price Schedule No. 57. Neenah, Wisconsin; Consolidated Water, (b) This Order No. 15 may be revoked C. H. Masland & Sons Power and Paper Company, Wisconsin or amended by the Price Administrator APPROVAL OF MAXIMUM PRICE Rapids, Wisconsin; Thilmany Pulp and at any time. Paper Company, Kaukauna, Wisconsin; (c) Unless the context otherwise On June 18,1942, C. H. Masland & Sons, and Combined Locks Paper Company, requires, the definitions set forth in Carlisle, Pennsylvania filed an applica­ Combined Locks, Wisconsin and such § 1352.11 of Revised Price Schedule No. tion pursuant to § 1352.4 of Revised Price consumer and any one or more of them 57 shall apply to terms used herein. Schedule No. 57, for permission to manu­ may buy and receive such solid fuel (d) This Order No. 15 shall become facture two new fabrics and for approval effective on the 24th day of September of maximum prices thereof. These new at prices no higher than the applicable 1942. fabrics are designated in the application maximum prices subject to agreements as “MWC-4” and “MWC-6”. with such purchasers of such solid fuels Issued this 23d day of September 1942. Due consideration has been given to to adjust prices upon deliveries made Leon H enderson, the*application and an opinion, issued during the pendency of its petitions in Administrator. simultaneously herewith, has been filed accordance with the respective disposi­ [P. R. Doc. 42-9460; Filed, September 23, 1942; with the Division of the Federal Register. tions thereof. 1:58 p. m.] For the reasons set forth in the opinion, (b) This Order No. 17 may be revoked under the authority vested in the Price or amended by the Administrator at any Administrator by the Emergency Price time and, in the event, is to be effective Control Act of 1942, It is hereby ordered: only to the date of the final disposition [Order 16 Under Revised Price Schedule 57— (a) C. H. Masland & Sons may sell, of the respective petitions; Wool Floor Coverings] offer to sell or deliver the new fabrics (c) Unless the context otherwise re­ A. & M. K aragheusian, I nc. designated as “MWC-4” and “MWC-6” quires, the definitions set forth in at prices no higher than $2.81 and $2.31, APPROVAL OF MAXIMUM PRICE § 1340.258 of Maximum Price Regulation respectively, per running yard of three- No. 122 shall apply to terms used herein; On July 10,1942, A. & M. Karagheusian, quarter carpet, f. o. b. mill, subject to dis­ - (d) This Order No. 17 shall become Inc., New York City, filed an application, counts, allowances, rebates and terms no effective September 24, 1942. pursuant to § 1352.4 of Revised Price less favorable than those in effect with Schedule No. 57 for permission to manu­ respect to the maximum prices for “Peggy Issued this. 23d day of September 1942. facture a new fabric designated as Beau- Shippen” and “Woodbine” as established Leon H enderson, caire and for approval of a maximum by Revised Price Schedule No. 57. Administrator. price thereof. (b) This Order No. 17 may be revoked Due consideration has been given to or amended by the Price Administrator [F. R. Doc. 42-9458; Filed, September 23, 1942; the application and an opinion, issued at any time. 1:56 p. m.] FEDERAL REGISTER, Friday, September 25, 1942 7581 [Suspension Order 138] rectly or indirectly transfer any gasoline 18th and Locust Streets, Philadelphia, Pennsylvania at 10:00 o’clock in the fore­ A r t h u r J. H o u d e to respondent. (b) Nothing in this order shall be noon of the 6th day of October, 1942; and ORDER RESTRICTING TRANSACTIONS deemed to forbid respondent to acquire The respondents having requested that Arthur J. Houde doing business as gasoline as a consumer in accordance the time to answer be extended until Houde’s Oil Pilling Station at 179 West with the provisions of the gasoline ra­ October 22, 1942, and having further Street, Gardner, Massachusetts, here­ tioning regulations. requested that the date for hearing in inafter called respondent, was duly (c) Any terms used in this order that said matter be continued until November served with a notice of specific charges are used in the gasoline rationing regula­ 10, 1942; and of violations of Ration Order 5A, Gaso­ tions shall have the meaning therein The Commission having considered line Rationing Regulations issued by the given them. such request and it appearing that the Office of Price Administration. Pur­ (d) This Suspension Order No. 138 granting thereof will not be detrimental suant to said notice, a hearing" upon such shall become effective 12:01 A. M. Octo­ to the public interest or the interest of charges was held in Boston, Massachu­ ber 4,1942, and unless sooner terminated investors or consumers: setts on September 1, 1942. There ap­ shall expire 12:01 A. M. October 4, 1943. It is therefore ordered, That the time peared a representative of the Office of for filing answers in the above entitled Price Administration and the respond­ (Pub. Law 421, 77th Cong.; sec. 2 (a) of matter be extended until October 22, ent. The evidence pertaining to such Pub. Law 671, 76th Cong., as amended 1942 and that the date for hearing there­ charges was presented before an au­ by Pub. Law 89, 77th Cong, and by Pub. in be continued until November 10, 1942 thorized presiding officer. Such evi­ Law 507, 77th Cong.; E.O. 9125 (7 P.R. at 10:00 o’clock in the forenoon, such dence having been considered by the 2719) ; WPB Directive No. 1 and Supple­ hearing to be held at the same place and Deputy Administrator, mentary Directive No. 1H, 7 P.R. 562, before the same trial examiner as pro­ It is hereby determined, that: * 3478, 3877) vided in the order dated August 29, 1942. 1. Respondent on July 22, 1942 op­ Issued this 23d day of September 1942. By the Commission. erated at 179 West Street, Gardner, [ s e a l ! O r v a l L . D u B o i s , P a u l M . O ’L e a r y , Secretary. Massachusetts, a filling station at which Deputy Administrator. gasoline was regularly transferred di­ [F. R. Doc. 42-9474; Filed, September 24,1942; rectly to consumers. [F. R. Doc. 42-9457; Filed, September 23, 1942; 10:09 a. m.] 2. Respondent has violated § 1394.1601 1: 56 p. m.] of the Gasoline Rationing Regulations in that on July 22, 1942, in his registra­ tion of inventory with Local War Price [File No. 812-74] and Rationing Board No. 11, Gardner, SECURITIES AND EXCHANGE COM­ Massachusetts, respondent knowingly MISSION. I nternational M i n i n g C o r p o r a t io n and willfully misrepresented that his [File No. 59-53] ORDER DENYING APPLICATION AND GRANTING total inventory of gasoline on hand at his EXEMPTION said filling station was 750 gallons C i t i e s S e r v ic e C o ., e t a l . whereas it was in fact 7,850 gallons and At a regular session of the Securities thereby he obtained an inventory gaso­ ORDER EXTENDING TIME FOR FILING ANSWERS and Exchange Commission, held at its line ration 7,100 gallons in excess of that AND CONTINUING DATE FOR HEARING office in the City of Philadelphia, Pa., on to which he was then entitled. In the matter of Cities Service Com­ the 22d day of September A. D. 1942. The violation of gasoline rationing pany, Cities Service Power & Light Com­ International Mining Corporation has regulations by respondent has inter­ pany, Federal Light & Traction Company, applied for an order under section fered with the effective administration of Central Arkansas Public Service Corpo­ 3 (b) (2) of the Investment Company Act the Gasoline Rationing Regulations and ration, Public Service Company of Colo­ of 1940 declaring it to be primarily en­ hampered the war effort of the United rado, The Ohio Public Service Company, gaged in a business other than that of States. It appearing to the Deputy The Toledo Edison Company, and The investing, reinvesting, owning, holding or Administrator from the evidence before Empire District Electric Company, re­ trading in securities either directly or him that further violations of the gaso­ spondents. through majority-owned subsidiaries, or line rationing regulations by respondent At a regular session of the Securities through controlled companies conducting are likely unless appropriate adminis­ and Exchange Commission, held at its similar types of businesses. trative action be taken, office in the City of Philadelphia, Pa., on Hearings were held, oral argument was It is therefore ordered: the 21st day of September, A. D. 1942. heard and briefs have been filed. The (a) During the period in which this The Commission having on the 29th Commission has considered the matter, Suspension Order No. 138 shall be in day of August, 1942 issued a notice and is^advised in the premises, and has been effect. order instituting proceedings and setting unable to find that International Mining date for hearing under sections 11 (b) Company is primarily engaged in a busi­ (1) Respondent shall not accept any ness other than that of investing, rein­ deliveries or transfers of or in any man­ (2), 12 (c), 12 (f) and 15 (f) of the Public Utility Holding Company Act of vesting, owning or holding securities, as ner directly or indirectly receive from 1935 in the above entitled matter, and more fully set forth in its opinion in this any source any gasoline. having ordered that the respondents matter this day issued, and (2) Respondent shall not sell, transfer, named should file answers on or before It is ordered, That the application be, deliver, or otherwise deal or trade in any the 22nd day of September, 1942, and and the same hereby is, denied. gasoline. having ordered that a hearing be held International Mining Corporation has (3) No person, firm, or corporation on such matters at the offices of the indicated to the Commission certain diffi­ shall sell, deliver, or in any manner di- Securities and Exchange Commission, culties which would result from the ap- No. 189----- 5 7582 FEDERAL REGISTER, Friday, September 25, 1942 plication of the provisions of section 17 Power Company be named as parties [File No. 59-52] (a) (1) to certain transactions common respondent in said proceeding and it fur»- ther appearing that said Illinois Traction Niagara Hudson P ower Corp. and Sub­ in its business. The Commission has sidiary Companies found that it is appropriate in the pub­ Company and North American Light & lic interest, consistent with the protec­ Power Company were duly served with ORDER AMENDING NOTICE AND ORDER FOR tion of investors and with the purposes copies of the said Notice of and Order for HEARING fairly intended by the provisions and Hearing dated September 3,1942; policy of the Act to provide an exemption It is ordered, That Illinois Traction In the matter of Niagara Hudson to -International Mining Corporation Company and North American Light & Power Corporation and its subsidiary Power Company be and they are hereby companies, respondents. from the provisions of section 17 (a) (1), At a regular session of the Securities for any transaction in which Interna­ made parties respondent and are directed and Exchange Commission, held at its tional Mining Corporation acquires the to file with the Secretary of the Commis­ office in the City of Philadelphia, Penn­ securities of a mining company affiliated sion on or before October 6, 1942 an sylvania, on the 22d day of September therewith or with any affiliate thereof answer to the allegations of paragraphs 1942. for the purpose of financing the develop­ 1 to 9 inclusive of the notice of and order The Commission having on August 28, ment of the mining business of. such min­ for hearing dated September 3, 1942 in 1942, issued a notice of and order for ing company, on condition that a full the form prescribed in Rule U-25 of the hearing pursuant to sections 11 (b) (2), report of every transaction so exempted Commission’s Rules of Practice. 12 (c), 12 (f), 15 (f) and 20 (a) of the shall be furnished to the Commission By the Commission. Public Utility Holding Company Act of within sixty days of the completion [seal] Orval L. DuBois, 1935, with respect to Niagara Hudson thereof. Secretary. Power -Corporation and' its subsidiary It is further ordered, therefore, That companies (Holding Company Act Re­ the transactions described above of In­ [F. R. Doc. 42-9472; Filed, September 24,1942; 10:08 a. m.] lease No. 3754); and ternational Mining Corporation be ex­ Said order, at page 16, having pro­ empt, upon the aforesaid condition, from vided, among other things, that: the provisions of section 17 (a). (1), and that jurisdiction is reserved to alter or [File No. 59-52] It is further ordered, That, upon the con­ withdraw the exemption, or the condi­ vening of the hearing above ordered, the Re­ tions thereof, should facts subsequently Niagara Hudson P ower Corp. and Sub­ spondents shall show cause why the Com­ sidiary Companies mission shall not forthwith enter an Order appearing make such action necessary. prohibiting the declaration or payment of By the Commission. ORDER DISMISSING PARTY FROM PROCEEDING further dividends on the preferred and com­ [seal] Orval L. D uBois, mon stocks of Buffalo, Niagara and Eastern Secretary. In the matter of Niagara Hudson Power Corporation and also on the common Power Corporation and its subsidiary stocks of Niagara Falls Power Company, as [P. R. Doc. 42-9473; Piled, September 24,1942; companies, respondents. violative of section 12 (c) of the Public Utility 10:08 a, m.] At a regular session of the Securities Holding Company Act of 1935 and Rides and Exchange Commission, held at its thereunder; such Order to be effective until termination of the proceedings herein ordered office in the City of Philadelphia, Penn­ and final termination of the issues stated sylvania, on the 22d day of September above. [Pile No. 59-54? 1942. The Commission, having been informed K ewanee P ublic Service Company The Commission, on August 28, 1942, having issued a Notice of and Order for by letter dated September 18, 1942, that ORDER NAMING ADDITIONAL PARTIES Hearing, pursuant to sections 11 (b) (2), pending court review of an order of the RESPONDENT 12 (c), 12 (f), 15 (f) and 20 (a) of the Federal Power Commission requiring The At a regular session of the Securities Public Utility Holding Company Act of Niagara Falls Power Company to elimi­ and Exchange Commission held at its 1935, with respect to Niagara Hudson nate from its property account and office in the City of Philadelphia, Pa., on Power Corporation and its subsidiary charge to its earned surplus items aggre­ the 22d day of September, A. D. 1942. companies, including Canton Electric gating $15,537,943.56, the Board of Di­ The Commission having by notice of Light and Power Company, 34.64% of rectors of The Niagara Falls Power Com­ and order for hearing dated September 3, whose outstanding voting securities is pany will not declare dividends upon its 1942 instituted the above entitled pro­ owned by Central New York Power Cor­ outstanding common stock; and that ceeding pursuant to sections 11 (b) (2), poration, a direct subsidiary of Niagara pending some clarification of the ultimate 12 (c) and (f), 15 (f), and 20 (a) of the Hudson Power Corporation; and effect of said proceedings, which may be Public Utility Holding Company Act of The Commission having, on Septem­ substantial, upon the corporate surplus 1935; and ber 15, 1942, granted the application of of Buffalo, Niagara and Eastern Power Illinois Traction Company, holder of Canton Electric Light and Power Com­ Corporation, the Board of Directors of substantially all the common stock of pany, pursuant to section 2 (a) (8) of Buffalo, Niagara and Eastern Power Cor­ Kewanee Public Service Company, and the Act, for an order declaring it not poration has concluded that dividends North American Light & Power Company, to be a subsidiary company of The United should be suspended on the outstand­ holder of substantially all of the common Corporation, Niagara Hudson Power ing shares of its $5 1st Preferred stock, stock of Illinois Traction Company as Corporation or Central New York Power $1.60 2nd Preferred stock, and common well as of a past due note of Kewanee Corporation; stock; Public Service Company, having filed It is hereby ordered, That Canton It is ordered, That said Notice and herein on September 18, 1942, separate Electric Light and Power Company be Order for Hearing of August 28, 1942, applications for permission to intervene and hereby is dismissed as a party to be amended by striking therefrom the as parties in the above entitled proceed­ this proceeding. above-quoted paragraph. ing; and By the Commission. By the Commission. The Commission having duly consid­ [seal] Orval L. DuBois, [seal] Orval L. D uBois, ered said applications and it appearing Secretary. Secretary. to the Commission that it will be in the public interest that said Illinois Traction [F. R. Doc. 42-9476; Filed, September 24,1942; [F. R. Doc. 42-9475; Filed, September 2 4 ,1 9 4 2 ; Company and North American Light & 10:09 a. m.] 10:09 a. m.]