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A ' I uttera\ j y I SCRIPTA I /J ^ 1 MANET I ^ \JV FEDERALREGISTER

^ 1934 ^ VOLUME 7 NUMBER 243 * iflVITEO^

Washington, Saturday, December 12, 1942

The President This order shall be published in the CONTENTS F ederal R egister. THE PRESIDENT F r a n k l in D R oosevelt EXECUTIVE ORDER 9281 E xecutive Order: Page T he W h it e H o u s e , Inspection of income, etc., tax Inspectio n of I n c o m e , E x cess-P rofits, December 9, 1942. returns by the Special Com­ D eclared V alu e E xcess-P rofits, and mittee on Un-American Ac­ C apital S tock T a x R etur ns b y t h e [P. R. Doc. 42-13121; Piled, December 10,1942; 3:07 p. m.] tivities ______10355 S pecial C o m m it t e e o n U n -A m er ican A ctivities, H o use o f R epresentatives ’ REGULATIONS AND NOTICES By virtue of the authority vested in me Regulations A lien P roperty Custodian: by section 257 (a) of the Revenue Act Vesting orders: of 1926 (44 Stat. 9, 51); section 55 of the Herrmann, Conrad. ______10403 -Revenue Act of 1932 (47 Stat. 169, 189) Istrate, Nicholas______10404 as amended by section 218 (h) of the TITLE 6—AGRICULTURAL CREDIT Jones, M ary Emily______10404 National Industrial Recovery Act (48 Chapter II— Commodity Credit Corpora­ Klaus, Helene______10404 Stat. 195, 209); sections 215 (e) and 216 Klener, Phillipine______10412 tion (b) of the National Industrial Recovery Koerner, Arno______10413 Act (48 Stat. 195, 208); sections 55 (a), [Amendment 1 to Oilseed Order 1] Kruger, Otto______10412 70JL (e), and 702 (b) of the Revenue Act Lang, Louis______10412 of 1934 (48 Stat. 680, 698, 770); sectionc P art 150— C ontro l o f V egetable O il Lenz, Sybilla.______10411 105 (e) and 106 (c) of the Revenue Act of S eeds and P roducts T herefrom Loew, Gustov______10411 1935 (49 Stat. 1014, 1018, 1019); section. EXCESS PEANUTS Lutz, Anna M ______10411 55 (a), 351 (c), and 503 (a) of the Reve­ N. V. Handel-Maatschappij Pursuant to the authority vested in the nue Act of 1936 (49 Stat. 1648, 1671, 1733, “W aldorf” ______10403 Commodity Credit Corporation by Direc­ 1738); sections 55 ( a ) , 409, 601 (e ) , and Oberheim, Charles Philip____ 10410 tive No. 7 of the War Production Board, 602 (c) of the Revenue Act of 1938 (52 Ott, Wilhelmina______10410 issued August 15, 1942, It is hereby or­ Stat. 447, 478, 564, 566, 568); and sec­ Pressprich, Otto, Jr______10409 dered, That: tions 55 (a ), 508, 603, 1204, and 729 (a) Rademacher, Henry______10409 of the Internal Revenue Code (53 Stat. Section 250.1 Use of excess peanuts [7 Reimann, Heinrich Wilhelm 1, 29, 111, 171; 54 Stat. 974, 989), it is F.R. 71331 is amended, and a new . Ignatz______10409 hereby ordered that income, excess- § 250.5a is added, to read as follows: Ritzki, Hedwig______10408 profits, declared value excess-profits, and § 250.1 Use of excess peanuts, (a ) Rosenzweig, Mary F ______10408 capital stock tax returns made under Sandhagen, Heinrich E. F ___ 10408 the Revenue Act of 1932, the Revenue Except as hereinafter provided, no per­ son shall, without the approval of the Schaffald, Emil______10407 Act of 1932, as amended by the National Schmidt, Alwine______10407 Industrial Recovery Act, the National Commodity Credit Corporation, sell, con­ tract for the sale of, or deliver excess Schmidt, Harry J______10407 Industrial Recovery Act, the Revenue Act Schmitt, Joseph____*.______10406 of 1934, the Revenue Act of 1935, as peanuts of the 1942 crop for any purpose other than crushing and no person shall, Terppe, Lizzie______10406 amended by the Revenue Act of 1936, the Tienken, Bertha___i______10405 Revenue Act of 1936, the Revenue Act of without the approval of the Commodity Credit Corporation, purchase, contract Trifiro, Joseph______10406 1936, as amended by the Revenue Act Union Trust Co., certain of 1937, the Revenue Act of 1938, and the for the purchase of, accept delivery of, or use such excess peanuts for any pur­ property held in trust by. 10405 Internal Revenue Code, for the year 1932 Wollenberg, Theresa______10405 and subsequent years, shall be open to pose other than crushing. inspection by the Special Committee on (b) The prohibitions of § 250.1 (a) Bituminous Coal Divisio n : Un-American Activities, House of Repre­ shall not apply to any transaction in District 13, minimum price sentatives, or any duly authorized sub- which a peanut grower sells excess pea­ schedule amended______10368 * commitee thereof, for the purpose of nuts produced by him to farmers for use Coast G uard: carrying out the provisions of House as seed in 1943 and such purchaser deliv­ Emergency fishing kits for life­ Resolution 420, passed March 11-, 1942 ers to the seller, at the time of the de­ boats and life rafts______10398 (Seventy-seventh Congress, second ses­ livery of such peanuts, a certificate, ap­ proved by the county committee, for the Commodity Credit Corporation: sion) ; such inspection to be in accord­ Peanuts; vegetable oil seeds ance and upon compliance with the quantity so delivered. The purchaser shall use such peanuts solely as seed in control______10355 rules and regulations prescribed by the Farm Security A dministration: Secretary of the Treasury in the Treas­ 1943. No person shall deliver excess pea­ nuts under this subsection without first Denver Area, delegation of au­ ury decision relating to the inspection thority to Director______10402 of returns by that committee, approved receiving such approved certificate. The by me this date. (Continued on next page) (Continued on next page) 10355 10356 FEDERAL REGISTER, Saturday, December Ï2, 1942

CONTENTS— Continued CONTENTS— Continued

Office of Defense T ransporta­ W ar Department— Continued. Page tion— Continued. Pag® Officer selection, eligibility, etc. 10357 FEDERAWREGISTER Missouri Pacific Transportation Uniforms, officers’; coats and \ m* «aF Co. and Arkansas Motor belts------10359 Coaches, Ltd., Inc.; co­ Warrant officer classification___ 10358 ordinated operation be­ W ar P roduction Board: Published daily, except Sundays, Mondays, tween Memphis and Tex­ Chrome steel, corrosion and heat and days following legal holidays by the arkana (Special Order ODT resistant (M-21-d, Inter­ Division of the Federal Register, The National B -3 4 )______10413 pretation 2)______10373 Archives, pursuant to the authority con­ Office of P rice A dministration: Cobalt (M -39)______10376 tained in the Federal Register Act, approved Adjustments, etc.: Delegation of authority (Corr. July 26, 1935 (49 Stat. 500), under regula­ of Supp. Dir. 1 -R )______10372 tions prescribed by the Administrative Com­ Browning, Wells and Co___ .<. 10414 mittee, approved by the President. Dallas Fuel Co______10414 Motor trucks, etc. ( L - l - g ) _____ 10375 The Administrative Committee consists of Enson Co______10414 Railroad equipment (L-229)___ 10376 the Archivist or Acting Archivist, an officer Lischner, David and Jane___10416 Suspension orders: of the Department of Justice designated by Mascaro, Isabella______10415 Rhodes, H. C., Bakery Equip­ the Attorney General, and the Public Printer Metals Reserve Co______10381 ment Co______10372 or Acting Public Printer. Netherlands Purchasing Com­ Schaefer Brass and Manufac­ The daily issue of the F ederal R egister mission______10377 turing Co______10372 will be furnished by mail to subscribers, free Super Metal Manufacturing of postage, for $1.25 per month or $12.50 per Poresgy, Simeon______10415 year, payable in advance. Remit money or­ Three Star Medicine Co______10381 C o ______10373 der payable to the Superintendent of Docu­ Beef- and beef products (MPR Tin plate, etc. (M -21-e)______10373 ments directly to the Government Printing 156, Am. 2 )____ 10379 Office, Washington, D. C. The charge for Beef and veal carcasses and single copies (minimum, 100) varies in pro­ wholesale cuts (M PR 169) _ 10381 portion to the size of the issue. seller shall keep each certificate received There are no restrictions on the republica­ Coffee (Ration Order 12, Am. by him for six months from the date tion of material appearing in the F ederal 1 )______10380 "of delivery. R egister. Fuel oil (Ration Order 11, Am. (c) Any farmer desiring to buy ex­ Telephone information: District 0525. 13)______- 10379 cess peanuts for use as seed in 1943 shall Hops (MPR 279, Am. 1)___ 10379 file with the county committee of the Hosiery, women's silk (MPR county in which his farm is located, two CONTENTS— Continued 274, Am. 1 )______10378 signed copies of the prescribed form of Milk and cream, fluid (Supp. F arm Security A dministration— certificate disclosing his name, address, Reg. 14, Am. 63)______.10381 Continued. PaSe the Agricultural Adjustment Agency Oil cakes and oil meals (Corr. Mississippi, designation of lo­ farm serial number, quantity of peanuts to Am. 61 to Supp. Reg. 14) _ 10381 calities for loans______10402 which he desires to purchase, number of Puerto Rico: Federal Communications Commis­ acres to be planted to peanuts, and the Gasoline (Corr. to Ration Or­ sio n: der 5B, Am. 9 )______10379 number of pounds of peanuts suitable Amateur radio stations and op­ Registration of sellers (Gen­ for seed already owned by him. The erators; commercial oper- eral Orders 41)______10414 county committee shall examine each ators ______10400 Pumps, stirrup (MPR 234, certificate and if, to the best of its knowl­ Emergency radio services______10399 Am. 3) ______10378 edge and belief, it finds the statements Schedule of charges for inter­ Salmon, sales by canners made therein are correct and the pro­ state and foreign commu­ (Corr. to MPR 265)______10379 posed purchase is reasonable, after giv­ nication service______10400 Virgin Islands, gasoline (Ration Watson, Thomas J., hearing____ 10402 ing due consideration to soil and other Order 8, Am, 2 )______10379 physical factors affecting the production F ederal T rade Commission: Securities and Exchange Com­ of peanuts, it shall approve the certifi­ Brunswick-Balke-Collender Co., m ission: cease and desist order_____ 10360 Hearings, etc.: cate and deliver the original thereof to the purchaser. Two or more certificates F ish and W ildlife Service: Elias, Irving, et al______10417 may be issued to any farmer who is un­ St. Marks National Wildlife General Gas and Electric able to obtain from one seller the amount Refuge, Fla., fishing______10401 Corp______10417 of peanuts approved for him by his Tule Lake National Wildlife Georgia Power and Light Co. and NY PA NJ Utilities county committee, or who furnishes sat­ Refuge, Calif., trapping per­ isfactory proof to his county committee mits.______10401 Co______10418 Guardian Public Utilities In­ that additional peanuts are necessary G eneral L and Office: vestment Trust______10418 for replanting in 1943. In any event, Lands, minerals, withdrawn or the total quantity of excess peanuts so reserved: Indiana Service Corp______10418 Minnesota Utilities Co., et al_ 10418 purchased under such certificates plus California______¿._____ 10401 Southwest Consolidated Corp_ 10417 the quantity of peanuts suitable for seed New Mexico______10402 United Utilities, Inc. and already owned by the purchasing farmer U ta h ______10401 United Telephone Co. of shall not exceed the equivalent of 60 Sodium permits, regulations Pennsylvania______10419 pounds of unshelled peanuts per acre for amended______10398 Wyandotte County Gas Co. the acreage to be planted. I ndian A ffairs Office: and Gas Service Co______10420 (d) As used in this section, the terms Rights-of-way for highways in “sell,” “ sells,” “sale,” “ seller,” “ purchase,” W ar Department: “purchaser,” and “purchased” shall in­ territory of Five Civilized Air Transport Command priori­ Tribes______10360 clude or cover also transactions of barter ties______10359 or exchange, and the term, “county com­ I nternal R evenue Bureau: Claims against the U. S.: mittee” means the group of persons Income tax amendments (2 doc-. Damages in foreign countries. 10357 elected within any county to assist in the um ents)______10361,10366 Deserters’ effects______10357 administration of the agricultural con­ Office of Defense T ransportation: Enlistment and reenlistment servation program in such county, or eligibility______10357 Baltimore and Ohio Railroad any one thereof. Co., directing modification Medals, certain; manufacture of rail facilities at Hyatts- after the War______10359 § 250.5a Effective date of amend­ ville, Md. (Special Order Medical service; subsistence ments. (a) Amendment No. 1 shall be O D T R -4 )______10413 charges, etc______10359 effective on and after December 12,1942. FEDERAL REGISTER, Saturday, December 12, 1942 10357

Issued this 11th day of December 1942. Chapter Y II—Personnel 600-750, September 30,1942, as amended by Cl November 14, 1942] [ seal] J. B. H u t s o n , P art 71— R e c r u it in g and I n d u c t io n for President. [ se al] R obert H . D u n l o p , th e A r m y o f t h e U n ite d S tates Brigadier General, [P. R. Doc. 42-13192; Filed, December 11, 1942; Acting The Adjutant General. 11:34 a. m.] ELIGIBILITY FOR ENLISTMENT AND REENLISTMENT [F. R. Doc. 42-13097; Filed, December It), 1942; 12:51 p. m.] Sections 71.2 (d) and (f), 71.5 (c), and TITLE 10—ARMY: WAR DEPARTMENT 71.9 (b) are amended as follows: Chapter III—Claims and Accounts § 71.2 Eligibility for enlistment and reenlistment in the Army of the United P art 73— A p p o in t m e n t of C ommissioned P art 36— C l aim s A gainst t h e U nited States. * * * O ffic er s, W arrant O fficers , and S tates (d) Men 40 to 50. (1) Citizens of the C h a p la in s EFFECTS ABANDONED BY DESERTER United States who have reached their fortieth birthday, and- who, at the time SELECTION, ELIGIBILITY, ETC. Section 36.40 (a) Is amended as fol­ of application for enlistment, have not lows: Sections 73.52 to 73.56 are rescinded attained their fiftieth birthday, will be and the following substituted therefor: § 36.40 Effects abandoned by deserter. accepted for enlistment and direct as­ Au th o r ity : §§ 73.52 to 73.56, inclusive, is­ (a) At the expiration of 1 year, if the signment to service command units or sued under 41 Stat. 774; 10 U.S.C. 484, deserter has not been returned to mili­ War Department overhead units or in­ amended by sec. 7, 53 Stat. 557. tary control, the following action will be stallations, provided they are otherwise taken: qualified and vacancies exist in the units, Source: The regulations in §§ 73.52 to 73.56 are also contained in AR 605-7, December 2, or that the assignment of these volun­ (R. S. 161; 5 U.S.C. 22) [Par. 8, AR 615- 1942, the particular paragraphs being shown teers will release enlisted men fit for 300, July 20, 1942, as amended by C5, in brackets at end of sections. general military service. November 25, 19421 * * * * * § 73.52 Authority, (a) Under the pro­ * * * * * visions of section 24e, National Defense ( f ) Reenlistment. As a general policy, [ seal] R obert H. D u n l o p , Act, as amended by section 7, Act April 3, any man honorably discharged from his Brigadier General, 1939, selection of members of group 3 last enlistment with character very good Acting The Adjutant General. (honor graduates) for appointment as or better who has not reached his fifty- second lieutenant in the Regular Army [F. R. Doc. 42-13101; Filed, December 10, 1942; fifth birthday, who possesses a skill will be made as indicated in the regula­ 12:52 p. m.] needed by the Army, and is fully quali­ fied to render the military service re­ tions in this part. (b) Applications for commission in the P art 36— C laim s A gainst t h e U n ited quired in the proper utilization of such Regular Army, for those who are eligible S tates skill, may be reenlisted in the grade of under the provisions of these regula­ private. (See § 71.9 (c) for reenlistment CLAIMS FOR DAMAGES BY ARMY FORCES IN tions, will be considered from the fol­ FOREIGN COUNTRIES of men 55 and over.) The reenlistment of any such qualified applicant who has lowing only: (1) Those students designated honor Section 36.55 (d) is amended as fol­ passed his fiftieth birthday must nave graduates subsequent to the group desig­ lows: the prior approval of the commanding nated honor graduates in the academic general of the service command. (41 § 36.55 Claims for damages occa­ year 1941-42. Stat. 765; 10 U.S.C. 42) [Par. 6, AR 600- sioned by Army forces in foreign coun­ (2) Those students of senior division 750 September 30, 1942, as amended by tries. * * * units who at the time of receipt of these C l November 14, 1942] (d) Action taken by Commission. The regulations are enrolled in advanced Re­ Commission will consider the report of §71.5 Age. * * * serve Officers’ Training Corps and who- the investigating officer or board of offi­ (c) Over 40. The original enlistment will graduate prior to December 31,1943, cers which investigated the claim, to­ in the Army of the United States of a and are designated honor graduates. gether with the evidence attached person who has passed his fortieth birth­ (c) All applicants for commission who thereto, and may base its award on that day is prohibited, except as stated in are designated honor graduates of Re­ repbrt, if deemed satisfactory, or may § 71.2 (d ), or in accordance with general serve Officers’ Training Corps units of a return it to the appointing authority for instructions or special authority from the particular arm or service will attend the further action, or may make an inde­ War Department. This includes those school designated by that arm or service. pendent investigation. Upon final ac­ who have passed their fortieth birthday For example, all honor graduates of tion by the Commission upon the claim, even though they have had prior service quartermaster Reserve Officers’ Training the Commission will notify the claimant in the Navy, Marine Corps, or the Coast Corps units who apply for a commission through official channels of the award under the provisions of these regulations Guard, unless they have also had prior made. I f the claim as originally ^nade will be sent to the same quartermaster enlisted service in the Army, and are or as amended does not exceed $1,000 school. [Par. 11 and the claimant agrees to accept in otherwise qualified. (41 Stat. 765; 10 writing the approved award in final set­ U.S.C. 42) [Par. 9, AR 600-750, Septem­ § 73.53 Apportionment of appoint­ tlement of the claim, the original and ber 30, 1942, as amended by Cl Novem­ ments. The number of' second lieuten­ one copy of the claim, and the original ber 14, 1942] ants to be appointed in the Regular and one copy of the award bearing the Army annually from group 3 will be de­ § 71.9 Enlistments and reenlistments appropriate approval of the Commission termined by the Secretary of War. will be filed with the disbursing officer requiring special authority. The follow­ These appointments will be divided making the payment. The president of ing classes of persons will be enlisted or among the arms or services in propor­ the Commission, or in his absence, the reenlisted in the Army of the United tion to the number of seeond-year ad­ senior member present, will certify States only with special authority in each vanced senior division Reserve Officers’ vouchers in payment of approved claims case from The Adjutant General or the Training Corps students of the various out of the appropriation “Pay of the commanding general of a service com­ arms or services attending institutions, other than'medical, within the conti­ Army” current at the date of payment. mand or department: - * * * * * nental United States which offer a col­ (Act of Jan. 2, 1942, Pub. Law 393, 77th lege degree upon satisfactory completion Cong.) [Par. 5, A R 35-7090, Feb. 10, (b) Over 50. Former enlisted men of an accredited college course leading 1942, as amended by C2, Nov. 17, 1942] over 50 years of age as provided in § 71.2 to a degree. [Par. 2] * * * * * (f), who were last discharged as privates § 73.54 Eligibility for appointment. [ seal] R obert H. D u n l o p , and failed to reenlist within 3 months (a) In order to be eligible for appoint­ Brigadier General, thereafter. In such cases the applica­ ment from group 3, a candidate must Acting The Adjutant General. tion must show that the reenlistment will satisfactorily complete the prescribed [F. R. Doc. 42-13103; Filed, December 10,1942; be for the interest of the service. (41 course of instruction at the appropriate 12:52 p. m.] Stat. 765; 10 U.S.C. 42) [Par. 13, A R school in lieu of Reserve Officers’ Train- 10358 FEDERAL REGISTER, Saturday, December 12, 1942 ing Corps summer camp training and institution, and that they have been des­ amining board for final physical exam­ must be at the time of appointment: ignated as probable honor graduates of ination. The results of this examination (1) A male citizen of the United an institution which offers a college de­ will be forwarded to The Adjutant Gen­ States. gree upon satisfactory completion of the eral by the most expeditious means (2) Between the ages of 21 and 27 course by the president or other head available. years (see paragraph (d) of this section.) thereof. The commandant of the school (2) Candidates selected as alternates (b) Except as indicated in paragraph will on receipt of the application notify will be notified as above. In case candi­ (c) of this section, appointments will be the applicant whether or not he is au­ dates selected for appointment decline confined to honor graduates of senior thorized to appear before the board. The to take the final physical examination, division Reserve Officers’ Training Corps decision of the commandant in this mat­ fail to pass it satisfactorily, or decline units of the institutions, other than med­ ter will be final. [Par. 4] appointment when tendered, The Ad­ ical, within the continental United States § 73.56 Method of selection, (a ) A jutant General will notify the candidates which offer a college degree upon satis­ permanent board of Regular Army offi­ selected as alternates in order of priority. factory completion of a college course. cers consisting of not less than two The physical examination will be carried The term “honor graduate” will apply to officers of the appropriate arm or service out in the same manner as prescribed members of each graduating class of and one medical officer will be appointed above. When selections have been made the institution who are graduates of the at each school designated to train honor to fill the quotas allotted the arms and Reserve Officers’ Training Corps, citizens graduates to examine the candidates re­ services,, alternates who have not been of the United States, who have been se­ porting thereat and recommend selec­ selected for appointment will be so lected by the president or other head of tions for appointment therefrom to fill notified. the institution for scholastic excellence, the quota of the arm or service. (g) Candidates selected by the War and who have been designated as honor (b) The professor of military science Department who pass satisfactorily the graduates by the professor of military and tactics of each institution concerned, final physical examination will be ten­ science and tactics as possessing out­ after consultation with the president or dered appointments as second lieuten­ standing qualities of leadership, char­ other head of the institution, will desig­ ants, Regular Army, in the arms or serv­ acter, and aptitude for military service. nate the probable honor graduates for ices designated by the War Department. (c) Appointments from group 3 also each graduating class and will submit to Date of appointment of all those se­ may be made from honor Reserve Offi­ the commandants of the designated lected between October 1 and April 1 will cers’ Training Corps graduates of class schools, at least 1 month prior to their be on or about July 1 of each year if M I institutions, provided— graduation, the written applications of legally eligible for appointment on that (1) That in this case the term “ honor the candidates (see § 73.55), photo­ date. Date of appointment of all those graduate” will apply to graduates of such graphs, and fitness reports. * selected between April 1 and October 1 institutions who hold either a commis­ (c) Prior to completion of the course will be on or about December 1 of each sion or a certificate- of appointment in at a school, all candidates authorized to year if legally eligible for appointment the Officers’ Reserve Corps, are citizens appear before the board who desire to on that date. Date of appointment of of the United States, who have been se­ apply for appointment in the Regular those who are ineligible for appointment lected by the president or other head for on July 1 or December 1 because they scholastic excellence, and who have been Army will be reported to the board for examination. The examination will con­ are less than 21 years of age will be the designated as honor graduates by the sist of study of the records submitted to date upon which they become 21 years professor of military science and tactics the school by the professors of military of age, if otherwise legally eligible for as possessing outstanding qualities of science and tactics of the institution appointment at that time. In case any leadership, character, and aptitude for from which the applicants graduated, of of these declines appointment, the ap­ military service. the records of the applicants while stu­ pointment will be tendered to the next (2) Further, that they will graduate dents at the school, and of any other qualified alternate in order of priority from an accredited institution which records necessary to determine whether from the arm or service from which the offers a college degree upon satisfactory or not the applicants comply with all original appointee was selected. [Par. completion of a college course, and that legal requirements for appointment as 5] they have been selected by the president commissioned officers in the Regular ' [ seal] R obert H. D u n l o p , or other head of the institution as honor Aripy, and an oral examination of each Brigadier General, graduates for scholastic excellence. candidate. They also will be informed Acting The Adjutant General. (d) In order to be eligible for consid­ by the board that actual appointment is eration for selection for appointment in [F. R. Doc. 42-13096; Filed, December 10,1942; subject to appropriations of the neces­ the Regular Army, honor graduates must 12:50 p. m.] sary funds by Congress, and to meeting attain the age of 21 years on or before, the requirements of a final physical ex­ or within 1 year after, the dates desig­ amination prior to appointment. P art 73— A p p o in t m e n t o f C ommissioned nated by the War Department for ap­ (d) The commandant of the school O fficers, W arrant O fficers, and C h ap­ pointments to be made in the Regular l a in s Army. [Par. 3] will forward to The Adjutant General, twice yearly, by April 10 and October 10, WARRANT OFFICER CLASSIFICATION, ETC. § 73.55 Application, (a) Candidates the report and recommendations of the Section 73.301 (a) is amended and will make application on W.D., A.G.O. board and such comments and recom­ § 73.319 (j) is added as follows: Form No. 62 (Application for Commis­ mendations as he desires to make, to­ sion in the Regular Army) at least 3 gether. with all papers pertaining to the § 73.301 Classifications, (a) W ar­ months prior to graduation. candidates selected as principals and rant officers will be examined and ap­ (b) Candidates who are students in alternates during the preceding 6 months. pointed to classifications within the arms . institutions which have senior division (e) The Adjutant General will ap­ and services as follows: Reserve Officers’ Training Corps units point a board of officers as directed by ***** will submit their applications with a The Assistant Chief of Staff, G-l, to (11) Infantry— (i) Administrative. photograph not less than 3 by 5 inches examine the records submitted and to Clerical and supply. in size to the professors of military recommend candidates for appointment (ii) Technician Specialists. M o t o r science and tactics. in the Regular Army, and assignment of transport, animal transport, munitions (c) Candidates who are students in the candidates selected to the arms or (am m unition), signal communication, institutions which do not have senior services. The W ar Department board and parachute maintenance. (55 Stat. division Reserve Officers’ Training Corps also will recommend a number of alter­ 593, 561; 10 U.S.C. Sup. 593, 593a) [Par. units will submit their application to the nates in order of priority for each arm 4, A R 610-10, September 13, 1941, as commandant of the appropriate service or service similar to the number to be amended by C4, November 17, 1942] school, inclosing a photograph not less appointed therefrom. ***** than 3 by 5 inches in size and conclusive (f) (1) The Adjutant General will § 73.319 General scope of final exam­ evidence, that they are honor Reserve/ notify candidates selected for appoint­ ination ( technical) ; technician special­ Officers’ Training Corps graduates of a ment through channels. At the time ists. * * * class M I institution, or were so desig­ of receipt of this notification each (j) Parachute maintenance. Quali­ nated under regulations pertinent at the candidate will, if he desires such ap­ fied parachute jumper; practical and time of graduation from the class M I pointment, appear before a medical ex­ technical knowledge of parachute rig- FEDERAL REGISTER, Saturday, December 12, 1942 10359

ging, maintenance and supply; practical P art 79— P rescribed S ervice U n if o r m tained in Priorities for Air Transporta­ knowledge and ability to recognize de­ tion Directive No. 4, dated June 4, 1942, officers' coats and belts fects in fabrics and materials used in and §§ 94.1 to 94.5, inclusive, the follow­ parachutes. (55 Stat. 651; 10 U.S.C. Sup. Sections 79.9 (a) and 79.60 (a) (2) are ing regulations are hereby prescribed: 593a) [Par. 383/4 AR 610-10, Septem­ amended as follows: (a) Pursuant to provisions of section ber 13, 1941, as amended by C4, No­ § 79.9 Coat— (a) Service; winter; for HI, Circular No. 211, War Department, vember 17, 1942] officers, warrant officers, and flight 1942, as amended by section IV, Circular [ seal] R obert H. D u n l o p , officers— (1) Material. Of adopted, No. 343, W ar Department, 1942, the Com­ Brigadier General, standard. (§79.2 (a) (1)) manding General, Army Air Forces, is Acting The Adjutant General. (2) General description— (i) In gen­ responsible for establishing the priorities eral. A single-breasted collar and lapel for air transportation of all personnel [P. R. Doc. 42-13098; Filed, December 10,1942; and material to be transported by air. 12:51 p. m.j coat; lining, if desired, to be same color as coat. To fit easy over the chest and By arrangement with the Navy Depart­ ment, this priority jurisdiction extends P art 77— M edical and D ental A ttend ance shoulders and" to be fitted slightly at the waist to conform to the figure, so as to to service operated by Pan-American SUBSISTENCE CHARGES, ETC., RATES prevent wrinkling or rolling under the Airways on the North Atlantic routes. Section 77.18 (a ) is amended as leather belt when worn. The back to (b) Present limitations of available follows: have two side plaits not less than 3 airplane space make it essential that §77.18 Subsistence and other charges inches in depth at shoulders and to ex­ priorities for air movement from the con­ for patients— (a) Subsistence charges; tend from the shoulder seam where it tinental United States to points outside rates. The following is the schedule of joins the armhole seam to waistline, but­ thereof be established before movement rates for subsistence charges for patients toned down the front with four buttons to the aerial port of embarkation. in Medical Department establishments equally spaced, the top three buttons to (c) (1) Effective November 27, 1942, (except the Army and Navy and the Fitz- be large regulation coat buttons and the no personnel, equipment, or supplies will simons General Hospitals), who are not bottom button to be a plain four-hole be accepted for air transportation by the entitled to commutation of rations under 36-ligne button of bone, plastic, or other Air Transport Command or a civil air the provisions of Army Regulations. suitable material of a color closely ap­ carrier nor will any War Department Rates for patients in the Army and Navy proximating that of the coat. The agency order or forward any such per­ and the Fitzsimons General Hospitals crossing of the lapels will be approxi­ sonnel, equipment, or supplies to certain will be found in §§ 77.24 and 77.27. mately 1% inches above the top button. designated aerial ports of embarkation (1) For officers, Army nurses, warrant Two metal hooks of the same material for air movement to points outside the officers, cadets of the United States M ili­ as the metal trimmings on the leather continental United States by airplanes tary Academy, and aviation cadets, $1 belt may be let into the side seams at operated by, or under contract with, the a day, except in mobile hospital units, the waistline at the option of the officer. Air Transport Command unless a prior­ where the rate will be an amount equal (R.S. 1296; 10 U.S.C. 1391) [Par. 9, A R ity therefor has been previously estab­ to the - commutation rate prescribed in 600-35, November 18, 1941, as amended lished for such movement. Army Regulations. Retired enlisted men by C 6, November 26, 1942] (2) The Air Transport Command will not accept for air transportation from who have been advanced on the retired § 79.60 Belts— (a) Officers. * * * list to commissioned or warrant grades the continental United States at any of (2) The officers’ belt, cloth, matching such designated aerial ports of embarka­ under the provisions of the act of Con­ the coat in color and fabric, 1% inches gress approved May 7, 1932, will be sub­ tion personnel, equipment, or supplies in width, equipped with a removable for which priority has not been estab­ sisted as officers patients unless they brass or olive drab plastic l 3,4-inch elect to be subsisted on enlisted status. lished. tongueless bar buckle, and having a See subparagraph (4) of this paragraph. (d) (1) Requests for priorities for air tapered end. A t the option of the officer transportation outside the continental (R.S. 161; 5 U.S.C. 22) [Par. 12, A R the belt may be fully detachable or United States will not be granted unless 40-590, February 2, 1942, as amended by sewed down around the waistline of the it is evident that speed of air travel is C 3, November 25, 1942] coat to a point approximately 2% inches * • ■ * * * essential. from the front edge of the coat on each (1) Essential air travel might include [ seal] R obert H . D u n l o p , side. When the belt is detachable pro­ officers traveling overseas to assume Brigadier General, vision will be made for two %-inch command, those whose presence at their Acting The Adjutant General. cloth belt loops placed at .the side seams destinations is necessary to expedite op­ [P. R. Doc. 42-13099; Piled, December 10,1942; sewed on so that they will not mar the erations of any sort, or those being sent 12:51 p. m.] coat if removed for a sewed-on belt. with exceptionally urgent information or The belt will cover the horizontal seam instructions. at the waistline of the coat, and the (ii) Nonessential air ^travel includes P art 78— D ecorations, M edals, R ibb o n s, buckle will be centered over the bottom officers who are on routine instructions, and S im ila r D evices button of the coat when buttoned. The those returning to the United States with tapered end of the belt will pass through manufacture of certain m edals routine reports, those who are enroute the buckle to the left, will extend not Sections 78.41 (e) and 78.45 (f) are to join oversea garrisons, and those be­ added as follows; more than 3 inches beyond the buckle, ing returned to duty in the United States. and be held in place by a cloth keeper § 78.41 Award of Medals. * * * (2) (i) Travel orders directing travel y2 inch in width. (R.S. 1296; 10 U.S.C. by air will not automatically establish (e) Manufacture. The American De­ 1391) [Par. 60, A R 600-35, November fense Service Medal will not be manu­ priority for movement outside the United 10, 1941, as amended by C6, November States. factured until after the close of the pres­ 26, 1942] ent war. (E.O. 8808 and 45 Stat. 500, 47 * * * * * (ii) So much of Directive No. 4, Army Stat. 158; 10 U.S.C. 1415a, 1415b) [Cirs. Air Forces, “Priorities for Air Transpor­ 44 and 359, W.D., 1942] [ se al] R obert H. D u n l o p , tation,” dated June 4, 1942, as pertains Brigadier General, ' to the use of travel orders directing §78.45 Army of Occupation of Ger­ Acting The Adjutant General. many Medal. * * * travel outside the United States, is rescinded. (f) Manufacture. The Army of Occu­ [P. R. Doc. 42-13100; Piled, December 10, 1942; (e) Requests for priority for air move­ pation of Germany Medal will not be 12:52 p. m.] ment of supplies and matériel outside manufactured until after the close of the the continental United States will not present war. (Act of Nov. 21, 1941, Pub­ Chapter IX —Transport be granted unless it is evident that the lic Law 322, 77th Congress) [Cirs. 176, P art 94— P r io r ities for A ir items are essential war materials and and 359, W.D., 1942] T ransportation cannot reach their destination through [ seal] R obert H . D u n l o p , air transport com m and other means of transportation because Brigadier General, of the time required or other elements. Section 94.6 is added as follows: Acting The Adjutant General. (f) The Air Priorities Division, Air [F. R. Doc. 42-13102; Filed, December 10, 1942; § 94.6 Air Transport Command. Transport Command, Army Air Forces, 12:52 p. m.] Pending the revision of regulations con­ Annex No. 1, Washington, D. C., is the 10360 FEDERAL REGISTER, Saturday, December 12, 1942 agency through which the Commanding ing any contract for the sale of, bowling tially all of their bowling pins, bowling General, Army Air Forces, fulfills his re­ pins, bowling supplies, bowling equip­ supplies, or bowling equipment from sponsibilities with respect to priorities ment, or other similar products on the respondent. for air transportation. All applications condition, agreement, or understanding It is further ordered, That the re­ should be directed to that agency which that the purchaser thereof shall not use spondent, The Brunswick-Balke-Collen­ der Company, a corporation, and its will issue complete instructions with re­ bowling pins, bowling supplies, bowling spect to methods of securing priorities, officers, agents, representatives, and em­ equipment, or other similar products information necessary to be presented, ployees, directly or through any cor­ other than those acquired from the re­ and the use of air priorities and identifi­ porate or other device in connection with spondent; or (2) using any sales promo­ cation numbers. tion plan or method of sale which in­ the sale, or the making of any contract (g ) The establishment of or subse­ for the 'sale, of bowling pins, bowling cludes the promotion or operation of any quent change in priority ratings by the supplies, bowling equipment, or other bowling contest which requires a bowl­ Air Priorities Division, Air Transport similar products in commerce as “com­ ing-alley proprietor to purchase or agree Command, Army Air Forces, will be final merce”» is defined in that Act of Congress to purchase all or substantially all of and conclusive. However, the shipper entitled, “An Act to supplement existing his bowling pins, bowling supplies, or will be advised in the event a shipment laws against unlawful restraints and bowling equipment for the bowling sea­ is delayed due to a change in priorities monopolies, and for other purposes,” ap­ son, where such sale or contract of sale so that other means of transportation proved October 15, 1914, commonly is in effect a sale on the condition, agree­ may be provided. known as the Clayton Act, do forth­ ment, or understanding that the pur­ (h) Air transport is a rapid'means of with cease and desist from; chaser thereof shall not use bowling pins, transporting emergency items and, due 1. Selling, or making any contract for bowling supplies, or bowling equipment to the limited airplane space available the sale of, bowling pins, bowling sup­ not manufactured or sold by the respond­ and the increased demand for this type plies, bowling equipment, or other simi­ ent; prohibited. (Sec. 3, 38 Stat. 731; of transportation, the provisions of this lar products on the condition, agreement, 15 U.S.C., sec. 14) [Cease and desist section will be rigidly enforced. (Chap. or understanding that the purchaser order. The Brunswick-Balke-Collender 418, Sec. 1, 39 Stat. 645; 10 U.S.C. 1361) thereof shall not use bowling pins, bowl­ Company, Docket 3604, December 7, [Sec. H, Cir. 385, W.D., November 27, ing supplies, bowling equipment, or other 1942] 19421 similar products other than those ac­ At a regular session of the Federal quired from the respondent; [ seal] R obert H. Dunlop, Trade Commission, held at its office in 2. Using any sales promotion plan or Brigadier General, the City of Washington, D. C., on the method of sale which includes the pro­ Acting The Adjutant General. 7th day of December, A. D. 1942. motion or operation of any bowling con-.^ This proceeding having been heard by [F. R. Doc. 42-13095; Filed, December 10,1942; test which requires a bowling alley pro­ the Federal Trade Commission upon the 12:5Q p. m.] prietor to purchase or agree to purchase complaint of the Commission, the answer all or substantially all of his bowling of the respondent, testimony and other pins, bowling supplies, or bowling equip­ TITLE 16—COMMERCIAL PRACTICES evidence taken before Edward E. Rear­ ment for the bowling season, where such don, a trial examiner of the Commission Chapter I—Federal Trade Commission sale or contract of sale is in effect a theretofore duly designated by it, in sup­ P art 3—Digest of Cease and Desist sale on the condition, agreement, or port of the allegations of the complaint Orders understanding that the purchaser and in opposition thereto, report of the [Docket No. 3604] thereof shall not use bowling pins, bowl­ trial examiner upon the evidence and ing supplies, or bowling equipment not THE BRUNSWICK-BALKE-COLLENDER exceptions filed thereto, briefs filed in manufactured or sold by the respondent. COMPANY support of the complaint and in opposi­ It is further ordered, That the re­ § 3.24 (b) Coercing and intimidat­ tion thereto, and oral arguments of coun­ spondent shall, within sixty (60) days ing—Customers or prospective custo­ sel; and the Commission having made after service upon it of this order, file mers— To purchase or support product its findings as to the facts and its con­ with the Commission a. report in writing, or service—By threatened loss attractive clusion that said respondent has Vio­ setting forth in detail the manner and business in preponderant and established lated the provisions of the Federal Trade form in which it has complied with this product: § 3.39 Dealing on exclusive Commission Act and has violated the order. and tying basis. In connection with of­ provisions of that certain Act of the By the Commission fer, etc., in commerce, of bowling pins, Congress of the United States entitled, bowling supplies, bowling equipment, or “An Act to supplement existing laws, [seal] Otis B. Johnson, other similar products, and among other against unlawful restraints and monopo­ Secretary. things, as in order set forth, (1) using lies, and for other purposes,” approved [F. R. Doc. 42-13175; Filed, December 11,1942; any sales promotion plan or method of October 15, 1914, commonly known as 10:31 a. m.] sale which includes the promotion or the Clayton Act; operation of any bowling contest which It is ordered, That tlie respondent, requires a bowling-alley proprietor, in the Brunswick-Balke-Collender Com­ TITLE 25—INDIANS order to qualify for such contest, to pur­ pany, a corporation, and its officers, chase from the respondent all or sub­ agents, representatives, and employees, Chapter I—Office of Indian Affairs stantially all of his bowling pins, bowling directly or through any corporate or P art 256— R ights-of-W ay Over I ndian supplies, or bowling equipment for the other device in connection with the offer­ Lands bowling season during which such con­ ing for sale, sale, and distribution of HIGHWAYS IN TERRITORY OF FIVE CIVILIZED test is held; or (2) using any sales pro­ bowling pins, bowling supplies, bowling TRIBES motion plan or contest for the purpose, equipment, or other similar products in or having the effect, of coercing bowling- commerce as “commerce” is defined in Section 256.54 of said Title, Chapter, alley proprietors into purchasing all or the Federal Trade Commission Act, do Subchapter and Part is amended to read substantially all of their bowling pins, forthwith cease and desist from; as follows: bowling supplies, or bowling equipment 1. Using any sales promotion plan or § 256.54 Highways in territory of Five from respondent; prohibited. (Sec. 5, 38 method of sale which includes the pro­ Civilized Tribes. Rights of way for high­ Stat. 719, as amended by sec. 3, 52 Stat. motion or operation of any bowling ways in the territory of the Five Civilized 112; 15 U.S.C., sec. 45b) [Cease and de­ contest which requires a bowling-alley Tribes may be granted pursuant to sist order, The Brunswick-Balke-Collen- proprietor, in order to qualify for such §§ 256.50 to 256.53 of this part, or they der Company, Docket 3604, recember 7, contest, to purchase from the respond­ may be handled through the medium of 1942] ent all or substantially all of his bowling easement deeds executed by the allottees § 3.39 Dealing on exclusive and tying pins, bowling supplies, or bowling equip­ or their heirs and approved by the Secre­ basis. In connection with the sale, or ment for the bowling season during tary of the Interior. Deeds of minors the making of any contract for the sale, which such contest is held; should be executed by the legal guardian of bowling pins, bowling supplies, bowl­ 2. The use of any sales promotion plan in each case, and have attached thereto ing equipment, or other similar products, or contest for the purpose, or having copies of guardian’s appointment and of in commerce, and among other things, the effect, of coercing bowling-alley pro­ the order of the court specifically author­ as in order set forth, (1) selling, or mak­ prietors into purchasing all or substan- izing him to execute the deed subject to FEDERAL REGISTER, Saturday, December 12, 1942 10361

approval by the Secretary of the In­ ber 10, 1941, is amended by striking out plicable only with respect to taxable years terior. .Upon receipt of the approved “ 170” , “ 189”, “ 208”, and “ 238” and in ­ beginning after December 31, 1941. deed, the Superintendent should have at­ serting in lieu thereof, respectively, •Par. 7. Section 19.11-1, as amended by tached thereto before delivery a copy of “ 172,” “ 190” , “ 207” , and “ 237” and by Treasury Decision 5086, approved Octo­ the Court’s order confirming the sale, striking out “Mutual” in the third para­ ber 10, 19$1, is further amended by in­ . and send a copy of the order to the Com­ graph from the end and inserting in lieu serting immediately after tttfe first sen­ missioner of Indian Affairs. (31 Stat. thereof “Regulated”. tence the following: 1084; 25 U.S.C. 311) Par. 6. There is inserted immediately For taxable years beginning after De­ preceding § 19.11-1 the following: Note: The opinion of the Acting Solicitor cember 31, 1938, and before January 1, of the Interior of August 24, 1942 (M 30582) Sec. 102. N ormal tax o n individuals. (Rev­ held that the Act of March 3, 1901 (31 Stat. 1942, the fate of normal tax on individ­ enue Act of 1942, Title I.) uals is 4 percent; for taxable years be­ 1084) is applicable to the lands of the Five Section 11 is amended to read as follows: ginning after December 31, 1941, such Civilized Tribes. Sec. 11. N ormal tax o n individuals. Oscar L. Chapman, There shall be levied, collected, and paid rate is 6 percent. But see section 108 Assistant Secretary of the Interior. for each taxable year upon the net income as to certain fiscal years. of every individual a normal tax of 6 per P ar. 8. There is inserted immediately [F. R. Doc. 42-13104; Filed, December 10,1942; centum of the amount of the net income 12:50 p. m.] in excess of the credits against net income preceding § 19.12-1 the following: provided in section 25. (For alternative tax, Sec. 103. Surtax on individuals. (Revenue if gross income from certain sources is $3,000 Act of 1942, Title I.) TITLE 26—INTERNAL REVENUE or less, see section 400). Section 12 (b ) is amended to read as Chapter I— Internal Revenue Bureau Sec. 101. T axable years to w h ic h amend­ follows: m ents applicable Subchapter A — Income and Excess-Profits Taxes . (Revenue Act of 1942, (b ) Rates of surtax. There shall be levied, [T.D. 5195] Title I.) collected, and paid for each taxable year upon Except as otherwise expressly provided, the the surtax net income of every individual P art 19— I nc o m e T a x U nder t h e I n ternal amendments made by this title shall be ap- the surtax shown in the following table: R eve n u e C ode If the surtax net income is— * The surtax shall be— MISCELLANEOUS AMENDMENTS Not over $2,000______13% of the surtax net income. Regulations 103 amended to conform Over $2,000 but not over $4,000______$260, plus 16% of excess over $2,000. to certain sections1 of the Revenue Act Over $4,000 but not over $6,000______$580, plus 20% of excess over $4,000. of 1942 (Public Law 753, 77th Congress, Over $6,000 but not over $8,000______$980, plus 24% of excess over $6,000. 2d session). Over $8,000 but not over $10,000_____ $1,460, plus 28% of excess over $8,000. Regulations 103 [Part 19, Title 26, Over $10,000 but not over $12,000_____ $2,020, plus 32% of excess over $10,000. Code of Federal Regulations, 1940 Sup.] Over $12,000 but not over $14,000_____ $2,660, plus 36% of excess over $12,000. are amended as follows: Over $14,000 but not over $16,000_____ $3,380, plus 40% of excess over $14,000. P aragraph 1. There is inserted imme­ Over $16,000 but not over $18,000_____ $4,180, plus 43% of excess over $16,000. diately preceding § 19.3-1 the following: Over $18,000 but not over $20,000_____ $5,040, plus 46% of excess over $18,000. Sec. 172. T emporary incom e tax o n in d i­ Over $20,000 but not over $22,000_____ $5,960, plus 49% of excess over $20,000. viduals. (Revenue Act of 1942, Title I). Over $22,000 but not over $26,000_____ $6,940, plus 52 % of excess over $22,000. ***** Over $26,000 but not over $32,000_____ $9,020, plus 55% of excess over $26,000. (b) Classification of- provisions. Section Over $32,000 but not over $38,000_____ $12,320, plus 58% of excess over $32,000. 3 is amended by adding at the end thereof Over $38,000 but not over $44,000_____ $15,800, plus 61% of excess over $38,000. the following new paragraph: Over $44,000 but not over $50,000_____ $19,460, plus 63% of excess over $44,000. Subchapter D— Victory tax on individuals, Over $50,000 but not over $60,000_____ $23,240, plus 66% of excess over $50,000. divided into parts and sections. Over $60,000 but not over $70,000__ $29,840, plus 69% of excess over $60,000. * * * * * Over $70,000 but not over $80,000___ $36,740, plus 72% of excess over $70,000. P ar. 2. Section 19.3-1 is amended by Over $80,000 but not over $90,000_____ $43,940, plus 75% of excess over $80,000. striking out the last three sentences and Over $90,000 but not over $100,000.___ $51,440, plus 77% of excess over $90,000. inserting in lieu thereof the following: Over $100,000 but not over $150,000___ $59,140, plus 79% of excess over $100,000. Subpart D relates to Victory Tax on Over $150,000 but not over $200,000___ $98,640, plus 81% of excess over-$150,000, Over $200,000______$139,140, plus 82% of excess over $200,000. Individuals. Subpart E relates to Sur­ tax on Personal Holding Companies. Sec. 150. Capital gains and losses. (Reve­ surtax net income. But see section 108 Subpart F relates to Definitions. Sub­ nue Act of 1942, Title I.) as to certain fiscal years. part G relates to Mitigation of Effect of * * * * * (B) By striking out the heading of Limitation and Other Provisions in In­ (j) Cross reference. Section 12 (c) is come Tax Cases. amended to read as follows: Table III and inserting in lieu thereof (c) Tax in case of capital gains or losses. the following: “Table III—Taxable Years P ar. 3. The headings of Subparts D For rate and computation of alternative tax Beginning After December 31, 1940, and (preceding section 500), E (preceding in lieu of normal tax-and surtax in the case Before January 1,1942” . section 3797), and F (preceding section of a capital gain or loss from the sale or (C) By striking out the last paragraph 3801) are relettered as Subparts E, F, exchange of capital assets held for more than and inserting in lieu thereof the follow­ and G, respectively. 6 months, see section 117 (c ). ing: P ar. 4. There is inserted immediately Sec. 101. T axable years to w h ic h amend­ TABLE IV—TAXABLE YEARS BEGINNING preceding § 19.4-1 the following: m ents applicable. (Revenue Act of 1942, ______A F T E R DEC. 31,1941______Sec. 170. R egulated investm ent com panies. Title I.) Except as otherwise expressly provided, the (Revenue Act of 1942, Title I.) Surtax net income Total ***** amendments made by this title shall be ap­ Percent Surtax plicable only with respect to taxable years (b) Technical amendments. (1) Section $0 to $2,000...... 13 $260 4 (relating to applicability of supplements) beginning after December 31, 1941. $2,000 to *4,000. __ 16 580 is amended by striking out "(J) Mutual in­ P ar. 9. Section 19.12-2, as amended by $4,000 to *fi;000___ 20 980 $6,000 to $8,000...... _...... 24 1,460 vestment companies— Supplement Q” and in­ Treasury Decision 5086, is further *8.000 to *10.000. _ . 28 2,020 serting in lieu thereof “ (j) Regulated invest­ amended as follows: $10,000 to $12,000...... 32 2,660 ment companies,—Supplement Q”'. *12,000 to *14.000, . 36 3,380 * * * * * (A ) By striking out the first sentence $14.000 to *16,000. . 40 4,180 and inserting in lieu thereof the follow­ $16,000 to $18,000...... 43 5,040 Par. 5. Section 19.4-1, as amended by ing sentence: $18,000 to $20,000 . . 46 5,960 Treasury Decision 5086, approved Octo- *20,000 to *22,000. _. 49 6,940 The following tables show the surtax *22,000 to *26.000 __ 52 9,020 1Sec. 101. Taxable years to which amend­ $26,1)00 to *32,000 _ _ . . . 55 12,320 (1) for taxable years beginning after De­ $32,000 to $38,000...... 58 15,800 ments applicable. Sec. 102. Normal tax on cember 31, 1938, and before January 1, $38,000 to $44,000...... 61 19,460 individuals. Sec. 103. Surtax on individuals. 1940, (2) for taxable years beginning $44,000 to $60,000 _... 63 23,240 Sec. 104. Optional tax on individuals with $50,000 to $60,000...... 66 29,840 after December 31, 1939, and before $60,000 to $70,000...... 69 36,740 gross income from certain sources of $3,000 $70600 to $80,000...... 72 43,940 or less. Sec. 105 (a), (b ). Tax on corpora­ January 1, 1941, (3) for taxable years $80,000 to $90,000_____ 75 51,440 tions. Sec. 150 (j). Technical amendment. beginning after December 31, 1940, and $90,000 to $100,000...... 77 59,140 Sec. 160 (b ). Tax on foreign corporations. before January 1, 1942, and (4) for tax­ $100,000 to $150,000...... 79 98,640 $150,000 to $200,000...; ...... 81 139,140 Sec. 170 ( b ) . Technical amendments. Sec. able years beginning after December 31, $200^000 up___ 1...... 82 172 (b ). Technical amendment. 1941, upon certain specified amounts of 10362 FEDERAL REGISTER, Saturday, December 12, 1942

The surtax for any amount of surtax years, in lieu of the tax imposed under net income not stated in round figures The tax shall be— sections 11 and 12, an individual who in the tables is computed by adding to makes his return on a cash basis may the surtax for the largest amount stated (1) Married elect to pay the tax imposed under sec­ person which is less than the surtax net income, whose tion 400, if his gross income does not spouse has exceed $3,000, and if his gross income the surtax upon the excess over that If the gross But Single Married not no gross in­ income is person person consist- wholly o f one or more of the fol­ amount at the rate indicated in the over— over— come or (2) tables. Accordingly, the surtax due for (not head making Married lowing: Salary, wages, compensation for of a fam­ separate person personal services, dividends, interest, or taxable years beginning after Decem­ ily) return making ber 31, 1941, upon a surtax net income joint return annuities. For the purposes of the of $63,128 would be $31,998.32, computed or (3) Head $3,000 limitation, the amount of an in­ of family as follows: dividual’s gross income shall be deter­ mined without subtracting any amount Surtax on $60,000 from table_____ $29,840. 00 $1,675 $1,700 $197 $178 $64 on account of such individual’s de­ Surtax on $3,128 at 69 percent____ 2,158. 32 $1,700...... 1, 725 201 182 68 $1,725 _ 1,750 206 187 73 pendents. For example, A, a single per­ $31, 998.32 $1,750...... 1,775 210 191 77 son who is not the head of a family, has $1,775...... 1,800 214 195 81 $1,800...... 1,825 218 199 85 a gross income, consisting of salary, of P ar. 10. The following is inserted im­ $1,825...... 1,850 223 204 90 $3,200 for 1942. He has two dependents. mediately preceding § 19.400-1: $1,850...... 1,875 227 208 94 For the purpose of the $3,000 limitation, $1,875 _ _1,900 231 212 98 Sec. 104. Optio na l tax o n individuals w it h $1.900...... 1,925 236 217 103 his gross income is $3,200, not $2,430 GROSS INCOME FROM CERTAIN SOURCES OF $3,000 $1,925...... 1,950 240 221 107 ($3,200 minus $770), and consequently 1,975 244 225 111 or less. (Revenue Act o f 1942, Title I.) $1,950...... $1,975...... 2,000 249 230 116 he may not compute his tax under Sup­ (a) Optional tax rates. Section 400 (re­ $2,000...... 2,025 .• 253 234 120 plement T. An individual deriving any lating to optional tax) is amended to read $2,025...... 2,050 257 238 124 other kind of income, such as income as follows: $2,050...... 2, 075 262 243 / 129 $2,075...... 2,100 266 247 133 from the conduct of a business or from a Sec. 400. I m po sitio n of t a x . $2,100...... 2,125 270 251 137 trust of which he is a beneficiary, or In lieu of the tax imposed under sections $2jl25...... 2; 150 275 256 142 11 and 12, an individual who makes his $2,150...... 2,175 279 260 146 gains from the sale or exchange of prop­ return on the cash basis may elect, for each $2,175 2,200 283 264 150 erty, may not compute his tax under 155 taxable year, to pay the tax shown in the $2,200...... 2; 225 288 269 $2,225...... 2,250 292 273 159 Supplement T . I f an individual derives following table if his gross income for such $2,250 2,275 296 277 163 income from a partnership of which he taxable year is $3,000 or less and consists $21275...... 2,300 301 " 282 168 is a member or from a trust of which he wholly of one or more of the following: Sal­ $2,300...... 2,325 305 286 172 176 is a beneficiary, and the partnership or ary, wages, compensation for personal serv­ $2,325...... 2 ,350 309 290 $2,350...... 2,375 314 295 181 trust previously derived the income dis­ ices, dividends, interest, or annuities: $2^375...... 2,400 318 299 185 $2^400...... 2,425 322 303 189 tributed to him from, for example; in­ $2,425...... 2,450 327 308 194 terest, he will be considered to have re­ The tax shall be— $2,450...... 2,475 331 312 198 $2^475...... 2,500 335 316 202 ceived income from a partnership or $2^500...... 2,525 340 321 207 trust, rather than from interest, and (1) Married $2,525...... 2,550 344 325 211 consequently will not be entitled to com­ person $2,550...... 2,575 348 329 215 whose $2; 575 .2,600 353 334 220 pute his tax under Supplement T. If the gross But - spouse has 357 338 224 Single Married $2’ 600______2,625 A husband and wife living together income is not no gross in­ $2| 625...... 2,650 361 342 228 over— over— person person come or (2) 366 347 233 on July 1 of the taxable year may file (not head making $2; 650...... 2,675 Married $2’ 675 2,700 371 351 237 separate returns on Form 1040A, if the of a fam­ separate person 2,725 376 355 241 ily) return $2| 700...... making $2; 725...... 2,750 381 359 245 gross income of each is from the pre­ joint return $2; 750 2,775 386 364 250 scribed sources and does not exceed or (3) Head $2; 775...... 2,800 391 369 254 of family $2| 800...... 2,825 396 374 258 $3,000, or they may file a single joint $2,825...... 2,850 401 379 263 return on such form if their combined $2^ 850 2; 875 406 384 267 gross income is from the prescribed $0...... $525 $0 $0 $0 $2' 875 ___ 2,900 411 389 271 $525...... - 550 1 0 0 $2j 900...... 2,925 416 394 «* 276 sources and does not exceed $3,000. A $550______575 4 0 0 $2’ 025 ___ ' 2,950 421 399 280 married person living with husband or $575.^...... 600 7 0 0 $2) 950...... 2,975 426 404 284 $600...... 625 11 0 0 $2j 975...... — 3,000 430 409 289 wife at any time during the calendar $625...... 650" 15 0 0 year may not compute the tax under $650...... 675 20 i 3 0 $675...... 700 24 6 0 Supplement T if the other spouse makes $700...... 725 28 9 0 In applying the above schedule to determine an income tax return without regard to $725...... 750 33 14 0 the tax of a taxpayer with one or more de­ such Supplement (see § 19.404-1). $750...... 775 37 18 0 pendents there shall be subtracted from his $776...... 800 41 22 0 gross income $385 for each such dependent. If an individual dies before the close $800...... 825 46 27 0 of the calendar year, his tax may not $825...... 850 50 31 0 Sec. 101'. T axable years to w h ic h am end­ $850...... 875 54 35 0 m e n ts applicable. (Revenue Act of 1942, be determined under Supplement T. $875...... 900 59 40 0 Title I.) Nor may the tax of the surviving spouse $900...... 925 63 44 0 $925...... 950 67 48 0 Except as otherwise expressly provided, the of an individual who has gross income $950...... 975 71 52 0 amendments made by this title shall be ap­ and who dies before the close of the cal­ $975...... 1,000 76 57 0 plicable only with respect to taxable years endar fear be determined under Sup­ $1,000...... 1,025 80 61 0 beginning after December. 31, 1941. $1,025 • ... 1,050 84 65 0 plement T. (See sections 404 and 47 $1,050...... 1,075 89 70 0 P ar. $1,075...... 1,100 93 74 0 11. Section 19.400-1, as added by ( g )) . , $1,100...... 1,125 97 78 0 Treasury Decision 5079, approved Octo­ In order to determine the amount oi $1,125...... 1,150 102 83 0 ber 4, 1941, is amended as follows: his tax an individual merely ascertains * $1,150...... 1,175 106 87 0 $1,175...... ■ 1,200 110 91 0 (A) By striking out the word “In” at the amount of his gross income, sub­ $1,200...... 1,225 115 96 0 the beginning of- the first sentence and tracts $385 for each dependent for whom $1, 225...... 1, 250 119 100 0 $1, 250...... 1,275 123 104 0 inserting in lieu thereof the following: a credit is allowable and refers to the $1, 275...... 1, 300 128 109 1 amended schedule set forth in section (a ) Calendar year 1941. For the calen­ $1, 300...... 1, 325 132 113 4 400 to find the amount of his tax. If $1,325...... 1, 350 136 117 7 dar year 1941, in. $1, 350...... 1, 375 141 122 10 the taxpayer is the head of a family $1, 375...... 1,400 145 126 14 (B) By striking out “ § 19.401-1” in the only by reason of his having one or more $1, 400...... I, 425 149 130 17 $1, 425...... 1, 450 154 135 21 first sentence of the last paragraph and dependents, he may subtract from his $1, 450...... l, 475 158 139 25 inserting in lieu thereof “ § 19.401-1 (a) ”. gross income $385 for all except one of $1, 475...... 1,500 162 143 29 (C) By inserting after the last para­ $1, 500______1, 525 167 148 34 such dependents (see Example (4) in $1, 525...... 1, 550 171 152 38 graph thereof the following: §19.401-1 (b )). I f the taxpayer is a $1, 550...... 1,575 175 156 42 $1, 575...... 1, 600 180 161 47 (b) Calendar year 1942 and subse­ single person who is not the head of a $1, 600...... 1,625 184 165 51 quent calendar years. For the calendar family, his tax is set forth in the third $1,625...... 1,650 188 169 55 Column of the amended schedule. If $1, 650...... 1,675 193 174 60 year 1942 and subsequent calendar FEDERAL REGISTER, Saturday, December 12, 1942 10363

the taxpayer is a married person mak­ he has a dependent, is to be made as of wife, who has no gross income in 1942, ing a separate return (but not including July 1 of such taxpayer’s taxable year. dies on May 15,1942, and on July 1, 1942, a taxpayer whose spouse makes a re­ Example (I). For the calendar year he is supporting and maintaining a home turn without regard to Supplement T ), 1942, A, an unmarried person, has a gross for two dependent children both of whom the tax is set forth in the fourth column income of $2,832 derived wholly from are under the age of eighteen. Since E of the amended schedule. I f the tax­ salary and interest. During the first would not occupy the status of head of a payer is (1) a married person whose five months of 1942, A ’s status is that of family except for the fact that he main­ spouse has no gross income, (2) a mar­ head of a family, but on July 1, 1942, tains a home for such children, no ried person making a joint return, or his status is that of a single person not amount may be subtracted from gross (3) the head of a family, the tax is set the head of a family. To determine the income on account of one of such chil­ forth in the fifth column of the tax imposed upon him for the calendar dren. To determine his tax for the cal­ amended schedule. Under the amended year 1942 under section 400, A refers to endar year 1942, E subtracts only $385 schedule no tax is imposed upon a single column 3 of the amended schedule (ap­ and refers to column 5 of the amended person whose gross income (less credit plicable to a single person who is not schedule (applicable to head of family) for dependents) does not exceed $525, the head of a family) and finds that the and finds that the tax in the case of a or upon a married person making a tax imposed upon a taxpayer whose taxpayer whose gross income falls in separate return whose gross income (less gross income falls within the bracket the bracket running from $2,575 to credit for dependents) does not exceed running from $2,825 to $2,850 is $401. $2,600 is $220. Since $2,580 ($2,965 minus $650, or upon (1) a married person Since $2,832 is within this bracket, A ’s $385) is within this bracket, E’s tax is whose spouse has no gross income, (2) tax is $401. $220. I f the wife had had gross income, a married person making a joint return, Example (2). For the calendar year the tax of neither spouse could be deter­ or (3) the head of a family, whose gross 1942, B has a gross income of $2,312, mined under Supplement T. income (less credit for dependents) derived wholly from salary and divi­ Payments to a wife in the nature of, does not exceed $1,275. dends, and C, his wife, has gross income or in lieu of, alimony which are includ­ Par. 12. The following is inserted im­ of $671, derived wholly from wages and ible in her gross income under sections mediately preceding § 19.401-1: an annuity. On July 1, 1942, they are 22 (k) and 171 may not be considered as living together and B is supporting two a payment by her husband for the sup­ Sec. 104. Optio nal tax on individuals w it h dependent children, both of whom are port of any dependent (for definition of GROSS INCOME FROM CERTAIN SOURCES OF $3,000 husband and wife for purposes of this or less. (Revenue Act of 1942, Title I.) * * * under the age of eighteen. B and C file (b) Rules for Application of Section 400. separate returns under Supplement T. sentence, see section 3797 (a) (1 7 )). To determine his tax for the calendar Section 401 is amended to read as follows: P ar. 14. The last sentence of the first Sec. 401. R ules for application of section year 1942, B subtracts $770 from $2,312, paragraph of § 19.402-1 is amended by 400. refers to column 4 of the amended sched­ For the purposes of this supplement—■ inserting after the word “schedule” the ule (applicable to married person mak­ following: “ (the calendar year 1942 and (a) Definitions. ing separate return), and finds that the (1) “Married person” means a married subsequent calendar years, the fourth tax imposed upon a taxpayer whose person living with husband or wife on July 1 column of the amended schedule)”. gross income falls within the bracket of the taxable year. P ar. 15. The following provisions of (2) “Dependent” means a person (other running from $1,525 to $1,550 is $152. law and new regulations section are in­ than husband or wife) dependent upon and Since $1,542 ($2,312 minus $770) is within serted immediately after section 404: receiving his chief support from the taxpayer this bracket, B’s tax is $152. To deter­ on July 1 of the taxable year if on such date mine her tax for such year, C refers to Sec. 104. Optio nal tax o n individuals w it h such dependent person is under eighteen column 4 of the amended schedule GROSS INCOME FROM CERTAIN SOURCES OF $3,000 years of age, or is incapable of self-support o r l e s s . (Revenue Act of 1942, Title I.) (applicable to married person making * * * because mentally or physically defective, ex­ cluding as a dependent, in the case of a head separate return) and finds that the tax (c) Taxpayers ineligible.— Section 404 is of a family, one who would be excluded imposed upon a taxpayer whose gross amended to read as follows: income falls within the bracket running under section 25 (b ) (2) ( B ) . A payment Sec. 404. Certain taxpayers ineligible. to a wife which is includible under section from $650 to $675 is $3. Since $671 is This supplement shall not apply to a non­ 22 (k) or section 171 in the gross income within this bracket, C’s tax is $3. Under resident alien individual, to an estate or of such wife shall not be considered a pay­ such facts, if B and C file a joint return trust, to an individual filing a return for a ment by her husband for the support of any under Supplement T, their combined period of less than twelve months or for dependent. gross income is $2,983. To determine any taxable year other than a calendar year, (b) Married and not living with husband their tax, they subtract $770 and refer or to a married individual married and living or wife. An individual not a head of a fam­ with husband or wife at any time during ily and not living with husband or wife on to column 5 of the amended schedule (applicable to married person making the taxable year whose spouse files return July l of the taxable year shall be treated and computes tax without regard to this as a single person. joint return) and find that the tax im­ supplement. * * * * • posed upon a taxpayer whose gross in­ Sec. 101. T axable tears to w h ic h amend­ Sec. 101. T axable tears to w h ic h amend­ come falls within the bracket running m ents applicable. (Revenue Act of 1942, ments applicable. (Revenue Act of 1942, from $2,200 to $2,225 is $155. Since Title I.) Title I.) $2,213 ($2,983 minus $770) is within this Except as otherwise expressly provided, the Except as otherwise expressly provided, the bracket, the combined tax of B and C amendments made by this title shall be ap­ amendments made by this title shall be plicable only with respect to taxable years is $155. applicable only with respect to taxable years beginning after December 31, 1941. Example (3). For the calendar year beginning after December 31, 1941. 1942, D has a gross income of $1,860, de­ § 19.404-1 Taxpayers to whom Sup­ P ar. 13. Section 19.401-1, as added by rived wholly from wages. He was mar­ Treasury Decision 5079, is amended as plement T is inapplicable. The following ried on April 1,1942, and he and his wife taxpayers are not entitled to file a return follows: were living together on July 1,1942. He (A ) By striking out the, word “ The” and pay tax under Supplement T for the has no dependents. His wife, who has calendar year 1942 and subsequent cal­ at the beginning of the flrstfsentence and no gross income in 1942, dies on Decem­ inserting in lieu thereof the following: endar years: ber 1,1942. To determine his tax for the (1) A nonresident alien individual; “ (a) Calendar year 1941. For the cal­ calendar year 1942, D refers to column 5 endar year 1941, the”. (2) An estate or trust; of the amended schedule (applicable to a (3) An individual who files a return (B) By inserting after the last para­ married person whose spouse has no for a period of less than twelve months graph thereof the following: gross income), and finds that the tax imposed upon a taxpayer whose gross in­ or for any taxable year other than a (b) Calendar year 1942 and subse­ calendar year; or quent calendar years. For the calendar come falls within the bracket running (4) An individual who is married and year 1942 and subsequent calendar, years, from $1,850 to $1,875 is $94. Since $1,860 the determination of whether a tax­ is within this bracket, D’s tax is $94. living with husband or wife at any time payer is a single person, a married per­ Example (4). For the calendar year during the calendar year and whose son, or the head of a family, or whether 1942, E has a gross income of $2,965. His spouse files an income tax return for No. 243------2 10364 FEDERAL REGISTER, Saturday, December 12, 1942 such year without regard to Supple­ 31, 1940,” in the third sentence of the lated investment companies (see Sup­ ment T. fourth paragraph. plement Q ). P ar. 19. Section 19.13-6, as amended by It makes no difference that a domestic P ar. 16. The following is inserted im­ Treasury Decision 5086, is further corporation subject to any tax imposed mediately preceding § 19.13-1: amended as follows: by section 13 may derive no income from Sec. 105. T ax on corporations. (Revenue (A) By striking out the heading and sources within the United States. The Act of 1942, Title I.) first sentence and inserting in lieu there­ tax imposed by section 13 is computed (a) Normal Tax. of the following: upon the “normal-tax net income,” that (1) Definition of normal-tax net income. is, the adjusted net income minus the Section 13 (a) (2) (relating to the definition § 19.13-6 Tax under general rule; credit provided in section 26 (e) for in­ of -corporation normal-tax net income) is taxable years beginning in 1940 and come subject to the excess profits tax amended to read as follows: 1941. For taxable years beginning after imposed by Subchapter E of Chapter 2 (2) Normal-tax net income. The term December 31, 1939, and before January “normal-tax net income” means the ad­ and minus the credit for dividends re­ 1,1942, section 13 (b) (1) provides, under ceived provided in section 26 (b ), relat­ justed net income minus the credit for in­ what is termed “the general rule,” for a come subject to the tax imposed by ing to dividends received from a domestic Subchapter E of Chapter 2 provided in sec­ tax equal to 24 percent (22Vi0 percent for corporation which is subject to taxation tion 26 (e) and minus the credit for divi­ any such taxable year beginning before under Chapter 1 (85 percent of dividends dends received provided in section 26 ( b ) . January 1, 1941) of the normal-tax net received, but not in excess of 85 percent (2) Alternative rate. Section 13 (b ) (2) income. But see section 108 as to cer­ of the adjusted net income reduced by (relating to alternative normal-tax rate) is tain fiscal years. the credit provided in section 26 (e) for amended to read as follows: (2) Alternative tax ( Corporations with (B ) By inserting “ for such taxable income subject to the excess profits tax Normal-Tax Net Income Over $25,000, but years” immediately after “alternative imposed by Subchapter E of Chapter 2). not over $50,000). A tax of $4,250, plus 31 tax” in the second sentence. The “adjusted net income” of a corpora­ per centum of the amount of the normal- P ar. 20. Section 19.13-7, as amended tion is the net income as defined in tax net income in excess of $25,000. by Treasury Decision 5086, is further section 21 minus the credit provided in * * * » * amended as follows: section 26 (a ), relating to interest on cer­ Sec. 101. T axable years to w h ic h amend­ (A) By striking out the heading and tain obligations of the United States and m ents applicable. (Revenue Act of 1942, first sentence and inserting in lieu there­ its instrumentalities. Title I.) The tax imposed by section 13 is pay­ Except as otherwise expressly provided, the of the following: able upon the basis of returns rendered amendments made by this title shall be ap­ § 19.13-7 Alternative tax ( corpora­ plicable only with respect to taxable years by the corporations liable thereto, except tions with normal-tax net income slight­ that in some cases a tax is to be paid beginning after December 31, 1941. ly more than $25,000) ; taxable fears be­ at the source of the income (see also ar ginning in 1940 and 1941. For taxable P . 17. Section. 19.13-1, as amended by sections 47, 52, 53, 144, and 235). For years beginning after December 31, 1939, Treasury Decision 5086, approved Octo­ what the term “ corporation” includes and before January 1, 1942, section 13 ber 10, 1941, is further amended by and for the difference between domestic (b) (2) provides for an alternative tax striking out the last sentence of the first and foreign corporations, see section in the case of corporations having nor­ paragraph. 3797 (a). For surtax on corporations P ar. 18. Section 19.13-5, as amended by mal-tax net incomes of slightly more generally with respect to taxable years Treasury Decision 5086, is further than $25,000. But see section 108 as to beginning after December 31, 1941, see certain fiscal years. amended as follows: § 19.15-3. For surtax on personal hold­ (A) By striking out the heading and (B) By inserting “and before January ing companies, see sections 500 to 511, in­ first paragraph and inserting in lieu 1, 1942,” immediately after “December clusive. For surtax on corporations im­ thereof the following: 31, 1940,” in the third sentence. properly accumulating surplus, see sec­ § 19.13-5 Tax on corporations in gen­ P ar. 21. By inserting immediately after tion 102. eral, taxable years beginning in 1940 and § 19.13-7 the following new section: The manner of computing the tax im­ 1941. Section 13 (as amended by section § 19.13-8 Tax on corporations in gen­ posed by section 13 depends upon the 101 of the Second Revenue Act of 1940) eral; taxable years beginning after De­ amount of the corporation’s normal- and §§ 19.13-5 to 19.13-7, inclusive, are cember 31,194L Section 13 (as amended tax net income. I f the normal-tax net applicable with respect to taxable years by section 105 of the Revenue Act of income is more than $50,000, the tax is beginning after December 31, 1939, and 1942) and this section are applicable 24 percent of the normal-tax net in­ before January 1, 1941. Section 13 (as with respect to taxable years beginning come. If the normal-tax net income is amended by section 103 of the Revenue after December 31,1941. But see section more than $25,000 and not more than Act of 1941) and §§ 19.13-5 to 19.13-7, in­ 108 as to certain fiscal years. See sec­ $50,000, the tax is $4,250 plus 31 percent clusive, are applicable with respect to tion 117 as to the treatment of capital of the amount in excess of $25,000. taxable years beginning after December gains and capital losses.' This section may be illustrated by 31, 1940, and before January 1, 1942. For any taxable year beginning after the following examples: But see section 108 as to certain fiscal December 31, 1941, section 13 imposes Example (1) . The A Corporation, a years. an income tax on corporations in gen­ domestic corporation, which is not a bank affiliate referred to in section 26 (B) By amending the first sentence of eral the normal-tax net income of which (d ), has for the calendar year 1942 à the second paragraph to read as follows: is more than $25,000. Every such cor­ poration is liable to the tax imposed by net income of $130,000, including inter­ For taxable years beginning after De­ such section, except (a) corporations ex­ est on United States obligations (allow­ cember 31, 1939, and before January 1, pressly exempt from taxation under able as a credit under section 26 (a) ) in 1942, section 13 imposes an income tax on Chapter 1 (see section 101); (b) corpo­ the amount of $10,000 and dividends re­ corporations in general the normal-tax rations subject to tax under section 14 ceived (allowable as a credit under sec­ net income of which is more than $25,000. (as amended by section 160 (b) of the tion 26 (b )) in the amount of $10,000. It also is entitled to a credit (allowable (C) By striking “, as amended,” from Revenue Act of 1942), being (1) corpo­ under section 26 ie) ) for income subject the first sentence of the third paragraph rations having normal-tax net incomes and from the first sentence of the fourth to the excess profits tax imposed by Sub­ of not more than $25,000 and not coming chapter E of Chapter 2, in the amount paragraph. within the provisions of subsection (c), (D) By striking “, as amended,” from of $20,000. The corporation’s tax under (d ), or (e) of such section 14,,and (2) section 13 for the calendar year 1942 the second sentence of the third para­ foreign corporations engaged in trade graph and the first sentence of the last is $21,960, computed as follows: or business within the United States; (c) paragraph, and by inserting in such sen­ Net income______$130,000 tences “ and 6efore January 1, 1942,” im ­ foreign corporations not engaged in trade Less credit for interest on United mediately after “December 31, 1939,”. or business within the United States (see States obligations------10,000 (E) By inserting “ , and before January section 231 (a)); (d) insurance com­ 1, 1942,” immediately after “December panies (see Supplement G ); and regu­ Adjusted net income------120,000 FEDERAL REGISTER, Saturday, December 12, 1942 10365

Less credit for dividends received 31, 1939,” in the first sentence of the in the normal-tax net-income column. (85 percent of $10,000)______$8, 500 second, fourth, and last paragraphs. The last column gives the total tax on a (C) By inserting “and before January normal-tax net income equal to the sec­ 111, 500 1, 1942,” immediately after “December ond figure in the normal-tax net-income Less credit for income subject to ex­ 31, 1940,” in the fourth sentence of the column. cess profits tax______— 20,000 third paragraph and the first sentence TABLE OF CORPORATION INCOME TAX Normal-tax net income___91, 500 of the fifth paragraph. UNDER SECTION 14 (B) FOR TAXABLE (D) By inserting “, and before Jan­ YEARS BEGINNING AFTER DEC. 31, 1941 Tax under section 13 (b ) (1) (24 uary 1,1942” immediately after “Decem­ Percent Total tax percent of $91,500)______21,960 ber 31, 1940” in the heading of Table II. Normal-tax net income P ar. 25. There is inserted after Example (2). Assuming that the A § 19.14-2 the following new section: $0 to $5,000...... ;...... 15 $750 Corporation’s normal-tax net income for $5,000 tò $20,000...... 17 3,300 1942 is $41,500, instead of $91,500, its § 19.14-3 Tax on special corpora­ to $25,000...... 19 4,250$20,000 tax under section 13 for such year would tions; taxable years beginning after De­ cember 31, 1941. Section 14 (as be computed under section 13 (b) (2) The tax under section 14 (b) for any and is $9,365, that is, $4,250 plus $5,115 amended by sections 160 and 170 of the Revenue Act of 1942) and this section amount of normal-tax net income not (31 percent of $16,500,- the excess of shown in the table is computed by adding $41,500 over $25,000). are applicable with respect to taxable years beginning after December 31, 1941,. to the tax for the largest amount shown P ar. 22. The following is inserted im­ But see section 108 as to certain fiscal which is less than the normal-tax net mediately preceding § 19.14-1: years. See section 117 as to the treat* income, the tax upon the excess over that amount at the rate indicated in the Sec. 160. Aliens and foreign corporations ment of capital gains and capital losses. TREATED AS NONRESIDENTS. (R e v e n u e Act Of For any taxable year beginning after table. 1942, Title I.) December 31, 1941, section 14 imposes The following example illustrates the * * , * * * an income tax upon (1) corporations computation of the tax imposed by sec­ (b) Section 14 (c) (relating t& tax on having normal-tax net incomes of not tion 14 (b) : foreign corporations) is amended— more than $25,000 and (2) foreign cor­ Example. The A Corporation, a do­ (1) by striking out in paragraph (1) porations engaged in trade or business mestic corporation, has for the calendar thereof “or having an office or place of busi­ within the United States. The tax im­ year 1942 a net income of $28,000, includ­ ness therein”, and posed by section 14 is in lieu of the tax ing interest on United States obligations (2) by striking out in paragraph (2) (allowable as a credit under section 26 thereof “and not having an office or place imposed by section 13. The tax is im­ fo business therein”. posed upon the “normal-tax net in­ (a) ) in the amount of $9,000, and divi­ * * * * • come,” for the definition of which see dends received (allowable as a credit under section 26 (b) ) in the amount of Sec. 170. R egulated investm ent com­ section 13 and § 19.13-8. Corporations panies. (Revenue Act of 1942, Title I.) expressly exempt from taxation under $5,000. It is also entitled to a credit * * * * * chapter 1 (see section 101) are not, sub­ (allowable under section 26 (e) ) for in­ (b) Technical amendments. ject to the tax under section 14. come subject to the excess profits tax * * * * * As in the case of corporations subject imposed by Subchapter E of Chapter 2, (2) Section 14 (e) (relating to tax on to tax under section 13, it makes no dif­ in the amount of $3,050. This tax upon corporations) is amended to read as follows: ference that a domestic corporation sub­ the corporation under section 14 (b) is (e) Regulated investment companies. In ject to the tax imposed by section 14 $1,889, computed as follows: the case of a corporation subject to the tax may derive no income from sources Net income______$28, 000 imposed by Supplement Q (relating to regu­ Less credit for interest on United lated investment companies), the tax shall within the United States. So, also, the States obligations______9,000 be as provided in such supplement. tax is payable upon the basis of returns ***** rendered by the corporations liable thereto, except that in some cases a tax Adjusted net income______19,000 Sec. 101. T axable years to w h ic h amend­ Less credit for dividends received (85 ments applicable. (Revenue Act of 1942, is" to be paid at the source of the income percent of $5,000)______4,250 Title I.) (see also sections 47,52,53,144, and 235). Except as otherwise expressly provided, the For what the term “corporation” in­ 14, 750 amendments made by this title shall be ap­ cludes and for the difference between Less credit for income subject to plicable only with respect to taxable years domestic and foreign corporations, see excess-profits tax______3,050 beginning after December 31, 1941. section 3797 (a). For surtax on cor­ Normal-tax net income______11,700 Par. 23. Section 19.14-1, as amended porations generally with respect to tax­ by Treasury Decision 5086, is further able years beginning after December 31, Tax on $5,000 at 15 percent______750 amended by striking out the last sen­ 1941, see § 19.15-3. For surtax on per­ Tax on $6,700 at 17 percent______1,139 tence of the first paragraph. sonal holding companies, see sections 500 P ar. 24. Section 19.14-2, as amended to 511, inclusive. For surtax on corpo­ Total tax______1,889 rations improperly accumulating sur­ by Treasury Decision 5086, is further Section 14 (c) provides for a tax on plus, see section 102. amended as follows: foreign corporations engaged in trade or Section 14 (b) imposes a tax at grad­ (A) By striking out the heading and business within the United States equal to uated rates on corporations which do first paragraph and inserting in lieu 24 percent of the normal-tax net income, thereof thè following: not have normal-tax net incoihes of regardless of the amount thereof. In more than $25,000 and which do not come the case of foreign corporations not en­ § 19.14-2 Tax on special corpora­ within one of the classes specified in sub­ tions; taxable years beginning in 1940 section (c) (foreign corporations), (d) gaged in trade or business within the United States, the tax is as provided in and 1941. Section 14 (as amended by (insurance companies), or (e) (regulated section 231 (a ). In the case of insurance section^ 101 of the Second Revenue Act investment companies) of section 14. of 1940) and this section are applicable companies, the tax is as provided in Sup­ The tax is the same whether or not with respect to taxable years beginning plement G. In the case of regulated in­ the corporation distributes any dividends after December 31,1939, and before Jan­ vestment companies, the tax is as pro­ during the taxable year. uary 1, 1941. Section 14 (as amended vided in Supplement Q. The following table shows the income by section 103 of the Revenue Act of tax imposed by section 14 (b) upon cer­ P ar. 26. The following is inserted im­ 1941) and this section are applicable tain specified amounts of normal-tax net mediately preceding § 19.15-1: with respect to taxable years beginning income. In each instance the first figure after December 31,1940, and before Jan­ Sec. 105. T ax o n corporations. (Revenue of the normal-tax net income in the uary 1, 1942. But see section 108 as to Act of 1942, Title I.) certain fiscal years. normal-tax net-income column is to be ***** excluded and the second figure included. (b ) Surtax on corporations. Section 15 (B) By inserting “and before January The percentage given opposite applies to (relating to surtax on corporations) is 1, 1942,” immediately after “December the excess of income over the first figure amended to read as follows: 10366 FEDERAL REGISTER, Saturday, December 12, 1942

Sec. 15. Surtax on corporations. (1) the credit provided in section 26 (e) [T. D. 5199] (a) Corporation surtax net income. For for income subject to the excess-profits the purposes of this chapter, the term “cor­ tax imposed by Subchapter E of Chapter P art 19— I ncome T ax U nder the poration surtax net income” means the net I nternal R evenue Code income Ininus the credit for income subject 2, (2) the credit provided in section to the tax imposed by Subchapter E of Chap­ 26 (b) for dividends received, and (3) in MISCELLANEOUS AMENDMENTS ter 2 provided in section 26 (e) and minus the case of a public utility, the credit the credit for dividends received provided provided in section 26 (h) for dividends Regulations 103 amended to conform in section 26 (b ) (computed by limiting such paid on its preferred stock. For the pur­ to sections 118 and 119 of the Revenue credit to 85 per centum of the net income poses of determining the corporation sur­ Act of 1942 relating to elective inven­ reduced by the credit for income subject to tax net income, dividends received on the tories. the tax imposed by Subchapter E of Chapter' preferred stock of a public utility must 2 in lieu of 85 per centum of the adjusted In order to conform Regulations 103 net income so reduced), and minus, in the be disregarded in computing the credit [Part 19, Title 26, Code of Federal Regu­ case of a public utility, the credit for divi­ provided in section 26 (b) for dividends lations, 1940 Sup.], relating to the income dends paid on its preferred stock provided received. Also, for such purposes, such tax under the Internal Revenue Code, to in section 26 (h ). For the purposes of this credit is limited to 85 percent of the cor­ sections 118 and 119 of the Revenue Act subsection dividends received on the pre­ poration’s net income (reduced by the of 1942 (Public Law 753, 77th Congress), ferred stock of a public utility shall be dis­ credit provided in section 26 (e) for in­ approved October 21, 1942, such regu­ regarded in computing the credit for divi­ come subject to the excess profits tax im­ lations are .amended as follows: dends received provided in section 26 (b ). posed by Subchapter E of Chapter 2), (b ) Imposition of tax. There shall be Paragraph 1. There is inserted im­ levied, collected, and paid for each taxable rather than to 85 percent of the adjusted net income so reduced. The credit pro­ mediately preceding § 19.22 (d) —1 the year upon the corporation surtax net income following: of every corporation (except a Western vided in section 26 (a) for interest re­ Hemisphere Trade Corporation as defined in ceived on obligations of the United States Sec. 118. R eport requirement in connec­ section 109, and except a corporation sub­ or its instrumentalities is not allowable t io n w it h inventory methods. (Revenue ject to the tax imposed by section 231 (a ), in computing corporation surtax net Act of 1942, Title I.) Supplement G, or Supplement Q ) , a surtax income. (a) Section 22 (d) (2) (B ) (relating to as follows: report requirement in connection with using (1) Surtax Net Incomes Not Over $25,000. The rates of .corporation surtax are certain inventory methods) is amended to Upon corporation surtax net incomes not as follows: read as follows: over $25,000, 10 per centum of the amount (1) Upon corporation surtax net in­ (B) Only if the taxpayer establishes to thereof. comes of $25,000 or less, 10 percent of the satisfaction of the Commissioner that (2) Surtax Net Incomes Over $25,000 But the amount thereof. the taxpayer has used no procedure other Not Over $50,000. Upon corporation surtax (2) Upon corporation surtax net in­ than that specified in subparagraphs (B) net incomes over $25,000, but not over $50,- comes over $25,000 but not over $50,000, and (C) of paragraph (1) in inventorying 000, $2,500, plus 22 per centum of the amount $2,500, plus 22 percent of the amount of such goods to ascertain the income, profit, or of the corporation surtax net income over such income in excess of $25,000. loss of the first taxable year for which the $25,000. method described in paragraph (1) is to be (3) Surtax Net Incomes Over $50,000. (3) Upon corporation surtax net in­ comes of more than $50,000, 16 percent used, for the purpose of a report or statement Upon corporation surtax net incomes over covering such taxable, year (ij to sharehold­ $50,000, 16 per centum of the corporation of the entire amount thereof. ers, partners, or other proprietors, or to surtax, net income. The computation of the surtax on cor­ beneficiaries, (ii) for credit purposes. ***** porations for taxable years beginning af­ (b) Section 22 (d) (5) (B ) (relating to re­ Sec. 101. T axable years to w h ic h amend­ ter December 31, 1941, may be illustrated quirement to continue reports in connection m ents applicable. (Revenue Act of 1942, by the following example: with certain inventory methods) is amended Title I.) Example. The A Corporation, a do­ to read as follows: Except as otherwise expressly provided, the mestic corporation which is not a public amendments made by this title shall be ap­ (B ) The Commissioner determines that plicable only with respect to taxable years utility, has for the calendar year 1942 a the taxpayer has used for ahy such subse­ beginning after December 31, 1941. net income of $86,000. The net income quent taxable year some procedure other includes dividends received from a cor­ than that specified in subparagraph (B) of P ar. 27. Section 19.15-2, as added by poration which is not a public, utility, in paragraph (1) in inventorying the goods Treasury Decision 5086, is amended as the amount of $9,000, and dividends re­ specified in the application to ascertain the follows: income, profit, or loss of such subsequent ceived from the preferred stock of a pub­ taxable year for the purpose of a report or (A) By striking out the heading and lic utility, in the amount of $3,000. It inserting in lieu thereof the following: statement covering such taxable year (i) to also includes income subject to the excess shareholders, partners, or other proprietors, “Surtax on corporations— Taxable years profits tax imposed by Subchapter E of or beneficiaries, or (ii) for credit purposes; beginning in 1941.” chapter 2, in the amount of $37,000. The and requires a change to a method different (B) By inserting “and before January A Corporation’s surtax for the calendar from that prescribed in paragraph (1) be­ 1, 1942,” immediately after “December year 1942 is $6,097, computed as follows: ginning with such subsequent taxable year 31, 1940,” in the first sentence. Net income ______$86,000 or any taxable year thereafter. (C) By inserting immediately follow- Less credit for income subject to ex­ (c) Taxable Years to Which Amendments ^iag' the first sentence the following new cess profits tax______37,000 Applicable.— Amendments made by this sec­ sentence: “ But see section 108 as to cer­ tion shall be applicable to taxable years be­ tain fiscal years.” 49, 000 Less credit for dividends received ginning after December 31, 1938. , P ar: 28. There is inserted immediately (85 percent of $9,000)______^__ 7, 650 Sec. 119. L ast-in first-out inventory after § 19.15-2 the following new section: (Revenue Act of 1942, Title I.) Corporation surtax net income_____ 41,350 Section 22 (d) (relating to the use of the § 19.15-3 Surtax on corporations; elective inventory method) is amended by taxable years beginning after December Tax ($2,500 plus 22 percent of $16,350, adding at the end thereof the following new 31, 1941. For taxable years beginning the excess of $41,350 over $25,000) _ 6, 097 paragraph: « after December 31, 1941, section 15, as (Secs. 101, 102, 103, 104, 105 (a ), (b ), (6) Involuntary liquidation and replace­ amended by section 105 (b) of the Reve­ 150 (j), 160 (b), 170 (b), and 172 (b) of ment of inventory. nue Act of 1942, imposes a surtax upon the Revenue Act of 1942 (Public Law 753, (A) Adjustment of net inpome and result­ the corporation surtax net income of 77th Congress, 2d session) and section ing tax. If, for any taxable year beginning every corporation, except (1) Western 62 of the Internal Revenue Code (53 Stat. after December 31, 1941, and prior to the Hemisphere Trade Corporations (see 32, 26 U.S.C., 1940 ed., 62)) termination of the present war as proclaimed section 109), (2) foreign corporations by the President, the closing inventory of a G u y T. H elvering, taxable under section 231 (a), (3) in­ taxpayer inventorying goods under the Commissioner of Internal Revenue. surance companies (see Supplement G ), method provided in this subsection reflects or (4) regulated investment companies Approved: December 8, 1942. a decrease from the opening inventory of (see Supplement Q ). But see section John R. Sullivan, . such goods for such year, and if, at the time 108 as to certain fiscal years. Acting Secretary of the Treasury. of the filing of the taxpayer’s income tax The “corporation surtax net income” [F. R. Doc. 42-13082; Filed, December 10,1942; return for such year, the taxpayer elects to of a corporation is its net income ininus 10:12 a. m.] have the provisions of this paragraph apply FEDERAL REGISTER, Saturday, December 12, 1942 10367

and so notifies the Commissioner, and if, vented, on the date of the filing of the come, profit, or loss for the whole of any at the time of such election, it is established income tax return of the taxpayer for the taxable year subsequent to his adoption to the satisfaction of the Commissioner, in • year of the replacement, or within three accordance with such regulations as the years from such date, by any provision or of the elective inventory method, for Commissioner may prescribe with the ap­ rule of law (other than this subparagraph credit purposes or for the purpose of proval of the Secretary, that such decrease and other than section 3761, relating to com­ reports to shareholders, partners, or is attributable to the involuntary liquidation promises) , such adjustments shall neverthe­ other proprietors, or to beneficiaries, has of such inventory as defined in subparagraph less be made if, in respect of the taxable (B), and if the closing inventory of a sub­ year for which the adjustment is sought, a used any inventory method at variance sequent taxable year, ending not more than notice of deficiency is mailed or a claim for with that referred to in § 19.22 (d )-l and three years after the termination of the pres­ refund is filed, as the case may be, within requires of the taxpayer a change to a ent war as proclaimed by the President, re­ three years after the date of the filing of the different method for such subsequent flects a replacement, in whole or in part, of income tax return for the year of replace­ taxable year or any taxable year there­ the goods so previously liquidated, the net ment. If, at the time of the mailing of after; and income of the taxpayer otherwise determined such notice of deficiency or the filing of such for the year of such involuntary liquidation claim for refund, the adjustment is so pre­ (C) By changing paragraph (8) to shall be adjusted as follows: vented, then the amount of the adjustment read as follows: (i) Increased by an amount equal to the authorized by this paragraph shall be limited excess, if any, of the aggregate cost of such to the increase or decrease of the tax im­ (8) The records and accounts em­ goods reflected in the opening inventory of posed by this chapter and Subchapter E of ployed by the taxpayer in keeping his the year of involuntary liquidation over the Chapter 2 previously determined for such books shall be maintained in conformity aggregate replacement cost; or taxable year which results solely from the with the inventory method referred to effect of subparagraph (A ), and such amount (ii) Decreased by an amount equal to the in § 19.22 (d) —1 ; and such supplemental excess, if any, of the aggregate replacement shall be assessed and collected, or credited cost of such goods over the aggregate cost or refunded, in the same manner as if it and detailed inventory records shall be thereof reflected in the opening inventory were a deficiency or an overpayment, as the maintained as will enable the Commis­ of the year of the involuntary liquidation. case may be, for such taxable year and as sioner readily to verify the taxpayer’s if, on the date of the filing of the income inventory computations as well as his The taxes imposed by this chapter and by tax return for the year of the replacement, Subchapter E of Chapter 2 for the year of compliance with thèse several require­ three years remain before the expiration of ments. such liquidation and for all taxable years the periods of limitation upon assessment intervening between such year and the year or the filing of claim for refund for the tax­ P ar. 3. Section 19.22 (d)-3 is amended of replacement shall be redetermined, giving able year. The tax previously determined by changing the parenthetical expression effect to such adjustments. Any increase in shall be ascertained in accordance with sec­ such taxes resulting from such adjustments appearing after the words “to be used” tion 734 (d ). The amount to be assessed in the first sentence of the first para­ shall be assessed and collected as a deficiency and collected under this paragraph in the but without interest, and any overpayment same manner as if it were a deficiency or graph to read as follows : so resulting shall be credited or refunded to be credited or refunded in the same man­ (or, if such return is filed prior to to the taxpayer without interest. ner as if it were an overpayment shall not (B) Definition of involuntary liquidation. — ------, 1943, the ninetieth day after be diminished by any credit or set-off based the approval of Treasury Decision______, The term '‘involuntary liquidation”, as used upon any item, inclusion, deduction, credit, in this paragraph, means the sale or other exemption, gain, or loss, other than one then at any time prior to such date) disposition of goods inventoried under the resulting from the effect of subparagraph method described in this subsection, either P ar. 4. The following is inserted im­ (A ). Such amount, if paid, shall not be mediately following § 19.22 (d)-6: voluntary or involuntary, coupled with a recovered by a claim or suit for refund, or failure on the part of the taxpayer to pur­ suit for erroneous refund based upon any § 19.22 (d )-7 . Involuntary liquidation chase, manufacture, or otherwise produce item, inclusion, deduction, credit, exemption, and have on hand at the close of the taxable and replacement. If prevailing war con­ gain, or loss, other than one resulting from ditions beyond the control of the tax­ year in which such sale or other disposition the effect of subparagraph (A ). payer should render it impossible during occurred such goods as would, if on hand at Sec. 101. T axable years to w h ic h amend­ the close of such taxable year, be subject to m ents applicable. (Revenue Act of 1942, the period of the war for a taxpayer the application of the provisions of this Title I.) using the elective inventory method to subsection, if such failure on the part of the Except as otherwise expressly provided, the have on hand at the close of the taxable taxpayer is due, directly and exclusively, amendments made by this title shall be year a stock of merchandise in kind and (i) to enemy capture or control of sources of applicable only with respect to taxable years description like that included in the limited foreign supply: (ii) to shipping or beginning after December 31, 1941. other transportation shortages; (iii) to ma­ opening inventory for the year, or in a terial shortages resulting from priorities or P ar. 2. Section 19.22 (d)-2, as amended quantity equal to that of the opening allocations; (iv) to labor shortages; or (v) to by Treasury Decision 5163, approved inventory, the resulting inventory de­ other prevailing war conditions beyond the July 14, 1942, is further amended as crease for the year will be regarded, at control of the taxpayer. follows: the election of the taxpayer, as reflecting (C) Replacements. If, in the case of any an involuntary liquidation subject to re­ taxpayer subject to the provisions of sub- (A) By changing subparagraph (5) to paragraph (A ), the closing inventory of the read as follows: placement. If the taxpayer notifies the Commissioner at the time of filing his taxpayer for a taxable year, subsequent to the (5) The taxpayer shall establish to year of involuntary liquidation but prior to income tax return for the year of the the satisfaction of the Commissioner that the complete replacement of the goods so liquidation that he intends to effect a liquidated, reflects an increase over the open­ the taxpayer, in ascertaining income, replacement of the liquidated stock, in ing inventory of such goods for the taxable profit, or loss for the taxable 'year for whole or in part, and that he desires to year, the goods reflecting such increase shall which the elective inventory method is have applied in his case the involuntary be considered, in the order of their acquisi- first used or for any subsequent taxable tion, as having been acquired in replacement liquidation and replacement provisions of year, for credit purposes or for the pur­ section 22 (d) (6), and if he establishes 0 goods most recently liquidated pose of reports to shareholders, partners, (whether or not in a year of involuntary to the satisfaction of the Commissioner liquidation) and not previously replaced, and or other proprietors, or to beneficiaries, the involuntary character of the liquida­ 1 the liquidation was an involuntary liqui- has not used any inventory method other tion to which his stock has been sub­ dation shah be included in the inventory than that referred to in § 19.22 (d )-l or jected, effect shall be given, when re­ of the taxpayer for the year of replacement at variance with the requirement referred placement has been made, to an adjust­ at the inventory cost basis of the goods to in subparagraph (3) of this section, replaced. ment of net income for the year of the taxpayer’s use of market value in liquidation to the extent of the difference (D) Election irrevocable. An election by lieu of cost or his issuance of reports or the taxpayer to have the provisions of this between the replacement costs incurred paragraph apply, once made, shall be irrev­ credit statements covering a period of and the original inventory cost of the ocable and shall be binding for the year operations less than the whole of the base stock inventory liquidated. I f the of the involuntary liquidation and for all taxable year not being considered at replacement costs exceed such inventory determinations for subsequent taxable years variance with this requirement; costs, the net income of the taxpayer insofar as they are related to the year of otherwise computed shall be reduced by liquidation or replacement. (B) By changing subparagraph (7) (b) to read as follows: an amount equal to such excess. If the (E) Adjustment in certain cases. If the replacement costs are less than the in­ adjustments specified in subparagraph (A) (b) The Commissioner determines ventory costs, net income otherwise com­ are, with respect to any taxable year, pre­ that the taxpayer, in ascertaining in­ puted shall be increased to the extent of 10368 FEDERAL REGISTER, Saturday, December 12, 1942 ment with respect to the income or such difference. Any deficiency in the cumstances to the extent that they may excess profits taxes for the year of the income or excess profits tax of the tax­ not be the subject-matter of common involuntary liquidation, or for some in­ payer, or any overpayment of such taxes, knowledge; and (5) a full description tervening taxable years, is prevented by attributable to such adjustment shall be of what efforts were made on the part the running of the statute of limitations, assessed and collected by the Commis­ of the taxpayer to effect replacement sioner or credited or refunded to the tax­ during the taxable year and the result by the execution of a closing agreement, by virtue of a court decision which has payer without interest. of such efforts. The statutory provisions affording rec­ The election of the taxpayer to treat become final, or by reason of some other ognition to the involuntary character of an involuntary decrease of inventory as provision or rule of law other than sec­ inventory, decreases which become ap­ subject to the replacement adjustments tion 3761 relating to compromises and parent in war years and authorizing for is to be exercised separately for each tax­ other than the inventory replacement tax purposes a replacement of the items able year reflecting such a decrease, and provisions. The adjustments provided of merchandise so liquidated are limited the election, once exercised with respect for in connection with the involuntary in their application to liquidations oc­ to a given year, shall be irrevocable with liquidation and replacement of inven­ curring in taxable years beginning after respect to the particular decrease in­ tory shall nevertheless be made, but only December 31, 1941, and prior to the ter­ volved and its prospective replacement, if, within a period of three years after mination of the present war as pro­ and shall be binding for the year of liq­ the date of the filing of the income tax claimed by the President, and to inven­ uidation, the year of replacement, and return for the year of replacement, a tory replacements effected in taxable all intervening and subsequent years to notice of deficiency is mailed or a claim years ending not more than three years the extent that such intervening and for refund is filed. No credit or refund after the termination of the war so pro­ subsequent years are affected by the ad­ will be allowed under such circum­ justments authorized. The ultimate re­ stances, whether within or without such claimed. A failure on the part of the taxpayer to placement and the resulting adjustment three-year period, in the absence of a have on hand in his closing inventory for the year of liquidation may have claim for refund duly filed; nor will for the taxable year merchandise of the consequences, among others, in the earn­ a resulting deficiency be assessed or col­ kind, description, and quantity of that ings and profits of intervening years and lected under section 272 (d) relating to the inventory accounts of subsequent reflected in his opening inventory will be waivers of restrictions. The issuance of considered as an involuntary liquidation years. Adjustments are to be made for the statutory notice of deficiency or the only if it is established to the satisfac­ the intervening and subsequent years filing of a claim for refund are statutory tion of the Commissioner that such fail­ consistent with the adjustments made conditions upon which depend the pro­ for the year of liquidation. Detailed rec­ ure is due wholly to his inability to visions of subparagraph (E) of the liq­ purchase, manufacture, or otherwise pro­ ords shall be maintained such as will uidation and replacement enactment. duce and procure delivery of such mer­ enable the Commissioner, in his exam­ The adjustment authorized by subpara­ chandise during the taxable year of liq­ ination of the taxpayer’s returns for the graph (E) is limited further to the tax uidation by reason of prevailing war con­ year of replacement, readily to verify the attributable solely to the replacement ditions, such as (i) enemy capture or extent of the inventory decrease claimed adjustments. The. amount of the ad­ control of sources of limited foreign sup­ to be involuntary in character and the justment shall be computed by refer­ ply; (ii) shipping or other transportation facts upon which such claim is based, all ence to the amount of the tax previously subsequent inventory increases and de- shortages; (iii) material shortages re­ determined, and without regard to fac­ and aUf ot?er /actet " L Î ? tors affecting the taxable year involved (iv) labor shortages; and (v) sinjjUftf^the replacement adjustment authorized. to which no effect was given in such Notwithstanding the ultimate pur­ war conditions beyond the contro>di the prior determination. The tax pre­ taxpayer. A voluntary shift by the tax­ chase price or the cost of production viously determined shall be ascertained payer, in the exercise of business judg­ ultimately incurred by the taxpayer in in accordance with the principles stated ment, to merchandise of a different char­ effecting replacement of a stock invol­ in section 734 (d) of the Code and those acter, description, or use, or to mer­ untarily liquidated, the merchandise re­ sections of the regulations prescribed chandise processed out of a substantially flecting the replacement shall be in­ thereunder. Any deficiency paid or any different kind of raw materials while raw cluded in the closing inventory for the overpayment credited or refunded under materials of the type originally used are year of replacement, and in that of sub­ these circumstances shall not be sub­ still available will not be considered as sequent taxable years, at the inventory ject to recovery on a claim for refund an involuntary liquidation notwithstand­ cost figure of the merchandise replaced. or a suit for the recovery of an erroneous ing the fact that such a shift in mer­ The goods reflected in any inventory refund in any case in which such claim chandise stocked was prompted by a increase in a year subsequent to a year or suit is based upon factors other than shifting market demand attributable to of involuntary liquidation, to the extent those giving rise to the adjustments war conditions. The term “ involuntary that they constitute items of the kind made. liquidation” presupposes a physical in­ and description liquidated in prior years, whether or not in a year of in­ (Sec. 62 of the Internal Revenue Code ability to maintain a normal inventory (53 Stat. 32, 26 U.S.C. 62) and secs. 118 as distinguished from a financial or busi­ voluntary liquidation, shall be deemed, in the order of their acquisition, as and 119 of the Revenue Act of 1942 (Pub. ness disinclination on the part of the Law 753, 77th Congress)) taxpayer to do so. having been acquired by the taxpayer in replacement of like goods most re­ [ se al] G u y T. H elvering, If the taxpayer would have the invol­ Commissioner of Internal Revenue. untary liquidation and replacement pro­ cently liquidated and not previously re­ visions applicable with respect to any placed. To the extent that the items Approved: December 10,1942. of increase are allocated to items liqui­ - inventory decreases suffered during war J o h n L. S u l l iv a n , years, he must so elect at the time of dated voluntarily, no adjustment will be Acting Secretary of the Treasury. filing his income tax return for the year required or permitted. Such replace­ ment merchandise will be carried in the [P. R. Doc. 42-13144; Filed, December 10,1942; reflecting the decrease. In making such 4:28 p. m.} election, the taxpayer shall attach to his inventory at its actual cost of acquisi­ return and make a part thereof a state­ tion. To the extent that replacements ment setting forth the following matters: are allocated to items involuntarily liquidated, however, the provisions of (1, the wish of the taxpayer to invoke TITLE 30—MINERAL RESOURCES the involuntary liquidation and replace­ this section shall apply, both with re­ ment provisions; (2) a detailed list or spect to adjustments for the year of Chapter III—Bituminous Coal Division other identifying description of the items liquidation and other taxable years [Docket No. A-1696] of merchandise claimed to have been affected and with respect to inventory subjected to involuntary liquidation and computations for the year of replace­ ment and all subsequent taxable years. P art 333— M in im u m P rice S chedule, the extent to which replacement is in­ D istr ict N o . 13 tended; (3) the circumstances relied In some cases it may appear at the upon as rendering the taxpayer unable time of the filing of the income tax re­ ORDER GRANTING RELIEF to maintain throughout the taxable year turn for the year of replacement, or at the time of the Commissioner’s exami­ Order granting temporary relief and a normal inventory of the items in­ conditionally providing for final rebel volved; (4) detailed proof of such cir- nation of such return, that an adjust­ FEDERAL REGISTER, Saturday, December 12, 1942 10369

in the matter of the petition of District In the proposal by petitioner for the dele­ increase, Would result in an f. o. b. mine Board No. 13 requesting the establish­ tion of Glen Allen, Alabama, on I. C. price at $4.20. Therefore, the price es­ ment of price classifications and mini­ Railroad, and substitution of Brilliant, tablished herein is $4.20 instead of $4.30 mum prices for the coals of certain mines Alabama, on the I. C. Railroad, a cor­ as proposed. The petitioner likewise in District No. 13. rection in the railroad for Glen Allen, proposed a price for Size Group 7 of An original petition, pursuant to sec­ Alabama, covering Mine Index No. 460 $2.70 for Earley & Quinn (W. G. Earley), tion 4 II (d) of the Bituminous Coal Act to St. L-S.P. Railway is necessary since Earley & Quinn Mine, Mine Index No. of 1937, having been duly filed with this 1684 to be 10 cents less for this size than Division by the above-named party, re­ Mine Index No. 460 was previously priced as shipping from Glen Allen, Alabama, the price established for Size Group 6 for questing the establishment, both tem­ Mine Index No. 31, which reflecting porary and permanent, of price classi­ on the St. L-S.P. Railway, and not on the I. C. Railroad. The petitioner proposed Docket No. 21 increase would result in a fications and minimum prices for the price of $2.60. Therefore, the price es­ coals of certain mines in District No. prices for Beasley & McWhirter (L. G. Beasley) Segars Mine, Mine Index No.v tablished herein is $2.60' per ton instead 13; and of the proposed price of $2.70 per ton. It appearing, that a reasonable show­ 472, in Size Group 4 at $4.30 to be the ing of necessity has been made for the same as Size Group 4 for Mine Index No. Dated: November 27, 1942. granting of temporary relief in the man­ 18. Mine Index No. 18 price in this size [ seal] D a n H. W h eeler , ner hereinafter set forth; and group, reflecting General Docket No. 21 Director. No petitions of intervention having T em por ar y and C onditionally F in a l E ffective flfrpY™” ™ - 1111™11" «.— ittmumm been filed with the Division in the above- N ote: The material contained in these/Supplements is to be read in the light of the classifi­ entitled matter; and cations, prices, instructions, exceptions and other provisions contained in Part 333, Minimum The following action being deemed Price Schedule for District No. 13 and Supplements necessary in order to effectuate the pur­ poses of the Act; FOR ALL SHIPMENTS EXCEPT TRUCK It is ordered, That, pending final dis­ § 333.6 General prices—Supplement T position of the above-entitled matter, [Prices'!, o. b. mines for shipment by railroad, applicable for all uses except railroad locomotive fuel, steamship bunker temporary relief is granted as follows: fuel and blacksmithing] Commencing forthwith, § 333.6 (.General is amended by adding thereto prices) Mine Sub- Freight Supplement R -I, § 333.7 (Special prices— index Code member Mine dis­ Seam origin (a) Prices for shipment to all railroads No. trict group and for exclusive use of railroads) is amended by adding thereto Supplement BLOUNT COUNTY, ALA. R -II, § 333.7 J. Special prices— (c) Prices 1693 Ballard, Gladden1______n...... 1 31 for shipment by railroad, applicable to 1687 Tidwell & Higginbothan i (R. D. Tidwell) Dean Ferry...... 1 31 all coal sold for steamship vessel fuel) JEFFERSON COUNTY, ALA. is amended by adding thereto Supple­ ment R -III, § 333.24 (General prices) is 1496 Letanosky, S. A.3...... Letanosky...... 1 50 1670 Rickels, Oilie3...... _...... 1 31 amended by adding thereto Supplement R-IV, § 333.25 (Special prices— (b) Prices MARION COUNTY, ALA. for shipment to all railroads for locomo­ 472 Beasley & McWhirter (L. G. Beaslev)4... Segars______1 101 tive fuel, station heating, power plants 1174 Colburn, W. J.«...... 1 60 1318 Colburn, W. J.«______1 and other uses) is amended by adding 1010 Colburn, W. J.«______1 60 thereto Supplement R-V, § 333.27 (Prices 1320 Colburn, W. .1.«___ 1 60 for shipment by river (free alongside) 1321 Colburn, W. ,T.«_ . _ . 1 60 1322 Colburn, W. J.«______.. 1 60 for all uses (except for railway locomo­ 1323 Colburn, W. J.«______1 60 tive fuel) for delivery via the Tennessee 1325 Colburn, W. J.«...... 1 60 1326 Colburn, W. J.«...... 1 60 River to f. a. s. consumers in the States 1685 Cox, M elvin6...... 1 111 of Tennessee and Alabama) is amended 1476 ,Cox, M elvin1...... 1 111 1686 Cox. Melvin «...... 1 111 by adding thereto Supplement R-VI, 488 Burgess, J. H.7...... 1 60 § 333.34 (General prices in cents per net 1665 Miller, John R .L ...... 1 60 460 Nix, J. D .3...... 1 (#) 60 ton for shipment into all market areas) 1641 Powell & McGuire (W. A. Powell)«_____ Holcomb Hill #4_____ 1 60 is amended by adding thereto Supple­ ment T -I and § 333.43 (General prices TUSCALOOSA COUNTY, ALA. in cents per net ton for shipment into 1690 Stringfellow & Griffin (L. K. Stringfellow)10 S. & G...... 1 31 all market areas) is amended by adding WALKER COUNTY, ALA. thereto Supplement T -II, which supple­ ments are hereinafter set forth and 153 Drummond, H. E.u 1 80 1551 Drummond, H. E.n...... Pisgah #2, #3, & #4.. . 1 hereby made a ipart hereof. 1684 Earley & Quinn (W. G. Earley)13...... Earley & Quinn I 50 It is further ordered, That pleadings 1295 Owen & Tucker (Carl Owen) 13______1 80 in opposition to the original petition in the above-entitled matter and appli­ 1 Shipping Point: Warrior, Ala. Railroad: L&N. These mines shall have in Size Group 13, on each respective price table, a price which is 100 less than is listed in Size Group 12 for Mine Index No. 76 (Moss & McCormack Coal Com­ cations to stay, terminate or modify the pany, Carbon mine, Minimum Price Schedule). temporary relief herein granted may be a shipping Point: Cardiff, Ala. Railroad: Sou. Ry. New shipping point, but without change in railroad and filed with the Division within forty-five Freight Origin Group. Shipping point at Brookside, Ala., shall no longer be applicable. 3 Shipping Point: Warrior, Ala. Railroad: L& N. This mine shall have in Size Group 13, on each respective price (45) days from the date of this Order, table, a price which is 100 less than is listed in Size Group 12 for Mine Index No. 76 (Moss & McCormack Coal Com­ pursuant to the Rules and Regulations pany, Carbon mine, Minimum Price Schedule). 4 Shipping point, Glen Allen, Ala. Railroad: St.L.-S.F. This mine shall have in Size Groups 1 and 4, on each re­ Governing Practice and Procedure before spective price table, the same prices as are listed thereon for Mine Index No. 18 (Brilliant Coal Company, Brilliant the Bituminous Coal Division in Proceed­ mine, Minimum Price Schedule): and in Size Group 7, on each such table, this mine shall have a price which is ings Instituted Pursuant to section 4 I I 100 less than is listed in Size Group 6 for said mine Index No. 18. This mine shall have in Size Group 11, on each respective price table, a price which is 60 less than is listed in Size Group 10 for Mine Index No. 14 (Galloway Coal (d) of the Bituminous Coal Act of 1937. Company, Hope mine, Minimum Price Schedule). It is further ordered, That the relief «Shipping Point: Brilliant, Ala. Railroad: I.C.R.R. These mines Shall have in Size Groups 8 and 10,on each re­ spective price table, the same prices as are listed thereon for Mine Index No 22 (DeBardeleben Coal Corporation, herein granted shall become final sixty Empire mine, Minimum Price Schedule): and in Size Groups ftand 11, on each such table, these mines shall have prices (60) days from the date of this Order, which are 100 less than those listed in Size Groups 8 and 10 for said Mine Index No. 22. These mines shall have in unless it shall otherwise be ordered. Size Group 20, on each respective price table, a price which is 50 less than .is listed in .Size Group 13 for Mine Index No. 14 (Galloway Coal Company, Hope mine, Minimum Price Schedule). These mines shall have in Size Group 26, The proposed prices for E. P. Cren­ on each respective price table, the same price as is listed thereon for Mine Index No. 18 (Brilliant Coal Company, shaw, Mine No. 15, Mine Index No. 1667, Brilliant mine, Minimum Price Schedule). ' « Shipping Point: Glen Mary, Ala. Railroad: Sou. Ry. These mines shall have in Size Groups 1, 2 and 4, on each for truck shipment have not been acted respective price table,- the same prices as are listed in those respective size groups for Mine Index No. 18 (Brilliant upon herein for the reason that prices Coal Company, Brilliant mine, Minimum Price Schedule): and in Size Groups 7 and 23, on each such table, these mines shall have prices which are 100 less than are listed in Size Groups 6 and 18 for said Mine Index No. 18. These for this mine were heretofore estab­ mines shall have m Size Group 13, on each respective price table, a price which is 100 more than is listed thereon for lished as herein requested in this peti­ Mine Index No. 14 (Galloway Coal Company, Hope mine, Minimum Price Schedule). 1 Shipping Point: Brilliant, Ala. Railroad: I. O. R. R. These mines shall have in Size Groups 1,2,4,6,17,18 and 26, tion, in Docket No. A-1625, 7 P.R. 9073. on each respective price table, the same prices as are listed in those respective size groups for Mine Index No. 18 (Bril 10370 Hant Coal Company, Brilliant mine, Minimum Price Schedule): and in Size Croups 7, 22 and 23, on each such table, § 333.24 General prices— Supplement R^-IV these mines shall have prices which are 100 less than those respectively listed in Size Groups 6, 17 and 18 for said Mine rPrices f. o. h. mines for shipment by railroad, applicable for all uses except railroad locomotive fuel, steamship bunker Index No. 18. These mines shall have in Size Group 13, on each respective price table, a price which is 100 more fuel and blacksmithing] than is listed thereon for Mine Index No. 14 (Galloway Coal Company. Hope mine, Minimum Price Schedule): and in Size Groups 19 and 20, on each such table, these mines shall have prices which are 50 less than those listed in Size Group 13 for said Mine Index No. 14. , ' . . Sub- Freight » Shipping Point: Brilliant, Ala. Railroad: I.C.R.R. Change in shipping point, railroad and Freight Origin Mine Code member Mine dis­ Seam origin Group. Shipping point at Glenn Allen, Ala., on the St.L.-S.F., in Freight Origin Group 101, shall no longer be ap- index group No. trict Pl»Cgh!pping Point: Brilliant, Ala. Railroad: I.C.R .R . This mine shall have in Size Groups 1, 2, and 4. on each respective price table, the same prices as are listed in those respective size grpups for Mine Index No. 18 (Brilliant Coal Company, Brilliant mine, Minimum Price Schedule): and in size Groups 7, 22 and 23, on each such table, this HAMILTON COUNTY, TENN. mine shall nave prices which are 10(6 less than those respectively listed in Size Groups 6,17 and 18 for said Mine Index 1668 Hendrickson & Patterson (A. A. Hend- No. 18. This mine shall have in Size Group 11, on each respective price table, a price which is 5(6 less than is listed 3 Soddy No. 11...... 200 in Size Group 10 for Mine Index No. 14 (Galloway Coal Company, Hope mine, Minimum Price Schedule): and m No. 1...... Size Group 13, on each such table, this mine shall have a price which is 100 more than is listed thereon for said Mine Indox No. 14. MARION COUNTY, TENN. 10 Shipping Point: Abemant, Ala. Railroad: L& N . This mine shall have in Size Groups 1, 2, 6, 17, 18 and 24, 140 1651 3 Sewanee______on each respective price table, the same prices as are listed in those respective size groups for Mine Index No. 67 (Black 3 Battle Creek______150 Diamond Coal Mining Company, Johns (Oswayo)' mine, Minimum Price Schedule): and in Size Groups 7, 22 and 23, 1625 Ño. 1......

on each such table, this mine shall have prices which are 100 less than those respectively listed in Size Groups 6,17 REGISTER, FEDERAL and 18 for said Mine Index No. 67. This mine shall have in Size Group 13, on each respective price table, a price Shipping Point: Rathburn, Tenn. Railroad: O.N.O.&T.P. On each respective price table except that for Market which is 100 less than is listed in Size Group 12 for Mine Index No. 68 (Adams, Rowe & Norman, Inc., Porter mine, Area 112 this mine shall have a price in each size group which is 100 less than that respectively listed for Mine Minimum Price Schedule): and in Size Group 12, on each such table, this mine shall have the saine price as is Index No. 95 (Tennessee Products Corporation, Whitewell mine, Minimum Price Schedule): and oni the price table for listed thereon for said Mine Index No. 68. „ . . . — 11 Shipping Point: Rosemary, Ala. Railroad: St. L.-S. F. These mines shall have in Size Groups 19 and 20, on Market Area 112 this mine shall have in each size grou^ a price which is 60 higher than that listed for said Mine each respective price table, the same price as is listed in Size Group 13 for Mine Index No. 14 (Galloway Coal Com­ ^Shipping5Point: Palmer, Tenn. Railroad: N.C.&.St.L. On each respective price table this mine shall have ip each pany, Hope mine, Minimum Price Schedule). ___ , i •■■■ ■ f . _. ^ , , .. u Shipping Point: Burnwell, Ala. Railroad: Sou. Ry. This mme shall have in Size Group 1, on each respective size group the same respective price as is listed for Mine Index No. 93 (Tennessee Consolidated Coal Co., Palmer price table the same price as is shown thereon for Mine Index No. 31 (Stith Coal Company, Aldridge Shaft mme, 111 ippingnP(fin^O r me, Tenn?' Railroad: N.C.&St.L. On each respective price table this mine shall have in each M inimum Price Schedule): and in Size Groups 7, 13, 21, 22 and 23, on each such table, this mme shall have prices size group the same respective price as is listed for Mine Index No. 91 (Barnett, C. L. (C. L. Barnett Coal Company), which are 100 less than those respectively listed in Size Groups 6,12,16,17 and 18 for said Mine In

[Prices f.o.b. mines for shipment to all railroads and for in sub­ , exclusive use of railroads. The following prices apply [Prices f. o. b. mines for shipment by railroad, applicable district Size Price 1942 12, ber Decem on coal for use in railroad locomotives and powerhouse to all coal sold for steamship vessel fuel subject to price No. 3, plants. For station heating, use in dining cars, or instructions and exceptions! mine other uses than stated above, commercial prices as index No. listed in other sections of this price schedule shall apply.] Size groups and prices applicable for For all mines in Sub-District No. 1. For all sizes cus­ steamship vessel fuel [For all sizes except screenings----- 255 tomarily furnished railroads for Locomotive Fuel. Mine 1651...... { Screenings with top size not more index No. [ than 2 "______245 [For all sizes except screenings------250 14, 15,16, 12 13 Mine group 17, 18 1625-1668.. ■{Screenings with top size not more l than 2 "------— ...... 245

1665...... Black Creek.. 315 315 1295-1670... 315 1690...... Blue Creek__ 205 295 290 Mine index Carbon Hill 275 Nos. Big Seam. cificallyshown R. R. for consignment west west consignment R. R.for R. east R. for consignment of the Mississippi ofRiver the ofMississippi River All other railroads not spe­ Central1 of Central1 Georgia St. Louis and San Francisco St. Louis and Francisco San Seaboard 1 Air Line 1 Ry.Seaboard 'A . B. & O. R. R. !

1295, 1476, 1641, 1665, 1667, 1670, 1684, 1685, 1686, 1687, 1690.... 250 250 230 1 250 250

1 Prices listed for Central of Georgia and Seaboard Air Line Rys. shall also apply to controlled subsidiaries whose purchases of coal are directly made by the con­ trolling system. § 333.27 Prices for shipment by river (free alongside) for all uses (except for railway locomotive fuel) for delivery via the Tennessee River to F. A. S. consumers in the States of .Tennessee and Alabama— Supplement R-VI

S|| a 9 S Mine .So« wrv koT'Ö d ■BÏ Code member index Mine index County Seam 5*0 3 as No. f l x / °“ ~rj oa , . — an S Sfa -*-0 03 H T3 03 a s S'0 ® Ä Bio bOtuo Sí 3 3Î ■Has 3 3ÒS w £

T ennessee-Georgia

Hendrickson & Patterson (A. A. Hendrick­ No. 1...... - 1668 Soddy #11___ 335 335 325 280 270 250 255 255 255 235 235 225 220 185 280 REGISTER, FEDERAL son). Orme Coal Company...... 1...... 1625No. Battle Creek. 370 370 360 290 280 275 265 265 265 235 235 225 205 170 315

FOR TRUCK SHIPMENTS § 333.34 General prices in cents per net ton for shipment into all market areas—Supplement T -I

Chestnut, Chestnut, Nut. top ' Rim of size 3" top size 3" top size VA" Lump, and under; and under; mine, Resultants, Screenings, over 2", Egg,top and under: modi­ 3" and 1 W and size 6" Lump, botto-Ti size bottom size Indus­ egg¡ top 2" and bottom size Y i" and fied under under Mine Sub- and over H " and R/M trial Code member index Mine Index dis­ Seam size under under under under coal* No. trict over 6" Wash Raw Wash Raw Wash Raw Raw Wash Raw Wash Raw audy Dcme 1, 1942 12, December Saturday, 1 2 3 8 7 ■ 8 9 10 11 13 17 22 18 23 24,25,

Alabama

BLOUNT COUNTY

Ballard, Qladden...... _...... Self Creek #1. 1693 2 385 385 370 375 355 340 330 325 315 315 305 295 295 280 315 Tidwell & Higginbothan (R. D. Tidwell) — Dean Perry.. 1687 2 385 385 370 375 355 340 330 325 315 315 305 295 295 280 315 JEFFBRSON COUNTY

Big Rock Coal Company (C. C. Reef)_____ Big Rock Coal Co. 1664 2 Middle Nunnally . . . 310 310 305 325 305 300 280 260 265 230 260 210 260 Keef, James E ...... James E. Keef____ 1682 2 Upper Nunnally____ ... 310 310 305 325 305 300 280 260 265 230 260 210 260 Myers, C. B. (C. B. Myers Coal Company). Myers Coal Co___ 1681 2 Helena______395 395 370 365 345 345 320 330 305 305 * 290 220 280 205 305 Rickels, Ollie______Rickels-.______1670 2 Black Creek______385 385 370 375 355 340 330 325 315 315 305 295 295 280 315 MARION COUNTY

Cox, M e lv in ....______;______Poplar Hollow #1. 1685 2 Black Creek______415 415 390 365 345 345 335 340 330 320 305 295 295 258 320 Cox, M elvin____ ... ______.... ______Poplar Hollow #4. 1686 2 Black Creek ...... 415 415 390 365 345 345 335 340 330 320 305 295 295 255 320 Miller, John R ______,___ ,______Moore #4______1665 2 Black Creek 415 415 390 365 345 345 335 340 330 320 305 295 295 255 320

TUSCALOOSA COUNTY 10371

Stringfellow & Griffin (L. K. Stringfellow).. S& G. 1690 2 Blue Creek...... 320 320 340 330 295 280 295 WALKER COUNTY

Colburn, Charles...... !.. Colburn....____ 1678 2 Mary Lee ..... 305 305 305 325 305 310 290 300 280 255 265 230 260 210 255 Earley & Quinn (W . G. Earley). Earley & Quinn. 1684 2 Marv Lee 305 305 305 325 305 310 290 300 280 255 265 230 260 210 255

No. 243- 10372 § 333.43 General prices in cents per net ton for shipment into all market areas Supplement T H

%" and and and %" %" l% " Mine and under Sub­ under and under under under under

Seam under under Code member index Mine Index district under y y f ' No. fied M/R top size over 5" top size and under; bottom under; and size size and unde. ; bottom; unde. and size size 1" and under 1" and under; under; bottom size 2" under and under; bottomunder; size 'Industrial coal Screenings, Screenings, Screenings, Screenings, Screenings, 1J4" and 1J4" Screenings, Screenings, Screenings, Screenings, Screenings, 2" and Resultants, Resultants, 4" and Resultants, Resultants, 5" and Straight Straight and modi­ Stoker, Stoker, top size Stoker, topStoker, size 1 Lump, 2" under and Nut, top 2"size and Egg, Egg, top size 5" and Lump, over 2"; egg, I I !

9 10 11 12 13 14 15 1 2 3 4 5 6 7 8

HAMILTON COUNTY, TENN. 225 220 185 280 280 270 250 255 255 255 235 235 335 335 325 REGISTER, FEDERAL Hendrickson & Patterson (A. A. Hendrick­ jsJn 1 ______1668 4 Soddy No. 11...... son). MARION COUNTY, TENN. 235 235 235 230 195 290 345 335 290 280 275 265 265 265 J. D. Hunziker______1651 4 Sewanee______345 265 235 235 225 205 170 315 370 370 360 290 280 275 265 265 Orme Coal Co------No. 1...... ; ____ 1625 4 Battle Creek______

•For sizes included see Size Group Table. [F. R. Doc. 42-13092; Filed, December 10, 1942; 11:11 a. m.]

as specifically authorized by the Director Issued this 10th day of December 1942. TITLE 32—NATIONAL DEFENSE Schaefer, and is engaged in the business General for Operations. Ernest K anzler, of fabricating brass and copper special­ Director General for Operations. Chapter IX—War Production Board ties and ventilating fans at 815 Clark (b) No allocation shall be made to the Subchapter A— General Provisions Avenue, St. Louis, Missouri. Subsequent Schaefer Brass and Manufacturing Com­ [F. R. Doc. 42-13122; Filed, December 10, 1942; 3:15 p. m.] to January 23, 1942, the Company used pany, its successors and assigns, of any 1942 12, ber Decem Saturday, P art 903— D elegations of A uthority aluminum in the manufacture of items material the supply or distribution of [Correction of Supplementary Directive 1-R] which is covered by any order of the not permitted by Supplementary Con­ P art 1010— Suspension Orders servation Order M-l-e. This consti­ Director of Industry Operations or the Paragraph (c) of § 903.23 Supple­ [Suspension Order S-175] tuted a wilful violation of said order. Director General for Operations, except mentary Directive 1—R 17 F.R. 9684.1 is as specifically authorized by the Direc­ H. C. RHODES BAKERY EQUIPMENT CO. corrected by substituting the word “ac­ Subsequent to December 10, 1941, the tor General for Operations. quisition” for the word “requisition” Company used copper base alloy parts in H. C. Rhodes Bakery Equipment Com­ (c) Nothing contained in this order ' therein. the assembly of fans and other manufac­ pany of Portland, Oregon, is engaged in tured articles not permitted by Conser­ shall be deemed to relieve the Schaefer the sale and distribution of new bakery E.O. 9024, 7 F.R. 329; E.O. 9040, 7 F.R. vation Order M-9-c. This constituted Brass and Manufacturing Company, its equipment and the recpnditioning and 527; E.O. 9125, 7 F.R. 2719; sec. 2 (a ), a wilful violation of said order. successors and assigns, from any restric­ sale of used bakery equipment. This Pub. Law 671, 76th Cong., as amended The foregoing violations of the War tion, prohibition, or provision contained equipment is critical industrial machin­ by Pub. Laws 89 and 507, 77th Cong.) Production Board orders have impeded in any order or regulation of the Direc­ ery as defined in General Lim itation O r­ Issued this 11th day of December 1942. and hampered the war effort of the tor of Industry Operations or the Direc­ der L-83 and cannot be delivered on United States by diverting scarce mate­ Ernest K anzler, tor General for Operations, whether now orders in excess of $200 except pursuant rials to uses not authorized by the War Director General for Operations. in force or hereafter issued except in so to an approved order. Production Board. In view of the fore­ From April 30 to September 13, 1942, [F. R. Doc. 42-13176; Filed, December 11,1942; going: It is hereby ordered: far as the same may be inconsistent with the Company made numerous sales of 10:41 a. m.] the provisions hereof. used bakery equipment on orders which § 1010.153 Suspension Order S-153. (d) This order shall take effect on De­ (a) Deliveries of materials to the Schae­ were not approved orders. Most of these cember 14, 1942, and shall terminate on fer Brass and Manufacturing Company, sales were made for exactly $200 and in its successors, and assigns, shall not March 14, 1943, at which time the re­ most cases the equipment could not be effectively used without being repaired. Subchapter B—Director General for Operations be accorded priority over deliveries strictions contained in this order shall bë under any other contract or order and no of no further effect. After the sale, but before delivery of the P art 1010— Suspension Orders equipment, the Company entered into preference rating shall be assigned or (P.D. Reg. 1, as amended, 6 F.R. 6680; contracts to repair and rebuild the ma­ [Suspension Order S-153] applied to such deliveries by means of W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 F.R. chines, agreeing in some instances to do preference rating certificates, preference SCHAEFER BRASS AND MANUFACTURING CO. more than $1,000 worth of work. Both rating orders, general preference orders, 329; E.O. 9040, 7 F.R. 527; E.O. 9125; 7 the sales contract and the repair con­ or any other order or regulation of the F R . 2719; sec. 2 (a ), Pub. Law 671, 76th The Schaefer Brass and Manufactur­ tract were parts of one transaction, de­ Director of Industry Operations or the Cong., as amended by Pub. Laws 89 and ing Company is a sole proprietorship signed to give the customer a completely owned and operated by Mr. William H. Director General for Operations, except 507, 77th Cong.) FEDERAL REGISTER, Saturday, December 12, 1942 10373

rebuilt machine and, therefore, the de­ corporation engaged in the manufacture F.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, livery of such equipment was made on of various steel products including 7 F.R. 2719; -sec. 2 (a ), Pub. Law 671, orders in excess of $200 which were not clothes line pulleys. 76th Cong., as amended by Pub. Laws 89 approved orders and constituted a viola­ During the period of July 24, 1942, and 507, 77th Cong.) tion of General Limitation Order L-83. through September 3,1942, the Company This violation of General Limitation Issued this 10th day of December 1942. accepted delivery of 37,433 pounds of Order L-83 has hampered and impeded E rnest K anzler, the war effort of the United States by steel for use in the manufacture of Director General for Operations. diverting scarce equipment to uses unau­ clothes line pulleys. The Company proc­ essed after June 19, 1942, approximately [F. R. Doc. 42-13124; Filed, December 10,1942; thorized by the War Production Board. 3:15 p. m.J In view of the foregoing, It is hereby or­ 2,000 pounds of steel in the manufacture dered, That: of clothes line pulleys. These acts con­ stituted wilful violations of General Con­ § 1010.175 Suspension Order S-175. P art 962—I ron and S teel (a) Deliveries of material to H. C. Rhodes servation Order No. M-126. Bakery Equipment Company, its suc­ These violations of General Conserva­ [Interpretation 2 of Supplementary Order cessors and assigns, shall not be accorded tion Order M-126 committed by Super M-21-d] priority over deliveries under any other Metal Manufacturing Company have CORROSION AND HEAT RESISTANT CHROME contract or order and no preference rat­ hampered and impeded the war effort STEEL ings shall be assigned or applied to such of the United States by diverting steel Paragraph (a) of Supplementary Order deliveries to H. C. Rhodes Bakery Equip­ to uses unauthorized by the War Pro­ ment Company by means of preference M-21-d (§ 962.5) [7 F.R. 2383, 7141, 9484.] duction Board. In view of the foregoing places certain restrictions on the use and rating certificates, preference rating or­ facts, It is hereby ordered: delivery of corrosion and heat resistant ders, general preference orders, or any chrome steel except where specific authori­ other orders or regulations of the Direc­ § 1010.178 Suspension Order S-178. zation or direction has been given by the tor of Industry Operations or the Direc­ (a) Deliveries of material to Super Metal Director General for Operations. For the tor General for Operations, except as Manufacturing Company, its successors purposes of this order, the approval of an specifically authorized by the Director and assigns, shall not be accorded order for melting or delivery on form PD-391 General for Operations. priority over deliveries under any other constitutes specific authorization or direction (b) No allocation shall be made to H. contract or order and no preference by the Director General for Operations. ratings shall be assigned or applied to Therefore, an order for such steel rated lower C. Rhodes Bakery Equipment Company, than AA-5 can be melted, processed and its successors and assigns, of any ma­ such deliveries to Super Metal Manu­ shipped, if approved on form PD-391, and the terial the supply or distribution of which facturing Company, its successors and purchaser can use such steel in his own oper­ is governed by any order of the Director assigns, by means of preference rat­ ations or processes or complete fabrication of of Industry Operations or the Director ing certificates, preference rating orders, articles from such steel and ship to his General for Operations, except as spe­ general preference orders or any other customer. cifically authorized by the Director Gen­ orders or regulations of the Director of (P.D. Reg. 1, as amended, 6 F.R. 6680; eral for Operations. Industry Operations or the Director Gen­ W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 (c) Nothing contained in this order eral for Operations, except as specifically F.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, shall be deemed to relieve H. C. Rhodes authorized by the Director General for 7 F.R. 2719; sec. 2 ( a ) , Pub. Law 671, 76th Bakery Equipment Company from any Operations. Cong., as amended by Pub. Laws 89 and restriction, prohibition, or provision con­ (b) Despite the provisions of para­ 507, 77th Cong.) tained in any other order or regulation graph (a), Super Metal Manufacturing of the Director of Industry Operations Company, may extend or apply to deliv­ Issued this 11th day of December 1942. or the Director General for Operations, eries to it any preference rating of AA-3 E rnest K a n zle r , except in so far as the same may be or higher which it would, except for the Director General for Operations. inconsistent with the provisions hereof. provisions of paragraph (a ), be entitled [F. R. Doc. 42-13177; Filed, December 11,1942; (d) This order shall take effect on to apply or extend. 10:41 a. m.J December 14, 1942, and shall expire on (c) No allocation shall be made to March 14, 1943, at which time the re­ Super Metal Manufacturing Company, strictions contained in this order shall its successors and assigns, of any mate­ be of no further effect. rial the supply or distribution of which P art 962— I ro n and S teel (P.D. Reg. 1, as amended, 6 F.R. 6680; is governed by any order of the Director [Supplementary Order M-21-e, as Amended W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 of Industry Operations or the Director Dec. 11, 1942] General for Operations, except as spe­ F.R. 329; E.O. 9040, 7 F.R. 527; E.O. TIN PLATE, TERNE PLATE AND TIN MILL BLACK 9125, 7 F.R. 2719; sec. 2 (a ), Pub. Law cifically authorized by the Director Gen­ eral for Operations. PLATE 671,76th Cong., as amended by Pub. Laws „ 89 and 507, 77th Cong.) (d) Nothing contained in this order Section 962.6 Supplementary Order shall be deemed to relieve Super Metal M-21-e [7 F.R. 5345] is amended to read Issued this 10th day of December 1942. Manufacturing Company from any re­ as follows: E rnest K anzler, striction, prohibition, or provision con­ § 962.6 Supplementary Order M-21-e—> Director General for Operations. tained in any other order or regulation (a) Definitions. For the purposes of this [P. R. Doc. 42-13123; Filed, December 10, 1942; of the Director of Industry Operations or order: 3:15 p. m.] the Director General for Operations, ex­ cept in so far as the same may be incon- (1) “ Tin plate” means steel sheets jistent with the provisions hereof. coated with tin (including primes, sec­ (e) This order shall take effect Decem­ onds, and waste-waste except hot dipped tin plate waste-waste outside the gauge P art 1010— S u s p e n s io n O rders ber 14, 1942, and shall expire on June 14, 1943, at which time the restrictions con­ range from 80 to 107 pounds per base [Suspension Orde:' S-178] tained in this order shall be of no further box and electrolytic tin plate waste- SUPER METAL MANUFACTURING CO. effect. waste) and includes: (i) “Electrolytic tin plate,” in which Super Metal Manufacturing Company, (P.D. Reg. 1, as amended, 6 F.R. 6680; the tin coating is applied by electrolytic North Bergen, New Jersey, is a New York W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 deposition. 10374 FEDERAL REGISTER, Saturday, December 12, 1942

wholesale dealers, shall file with the War (ii) “Hot dipped tin plate,” in which (e) Restrictions on production, sale, Production Board monthly reports on the tin coating is applied by immersion and delivery of tin plate and'terne plate. form PD 614 in accordance with the in­ In molten tin. No person shall produce, sell, or deliver (2) “ Terne plate” means steel sheets tin plate or terne plate to or for the ac­ structions printed on that form. coated with terne metal (including count of any person if he knows or has (2) Each person who purchases long primes, seconds, and waste-waste except reason to believe that such material will ternes, except wholesale dealers, shall short terne waste-waste outside the be used in violation of the terms of this file with the War Production Board gauge range from 80 to 107 pounds per order or any other or further order or monthly reports on form PD 613 in ac­ base box) and includes: direction of the Director General for cordance with the instructions printed (i) “Short ternes,” m ea n in g steel Operations. on that form. sheets generally referred to as black (f) Exceptions as to materials in in­ (k) Producers’ reports. (1) Each per­ plate, coated with terne metal, and ventory. The provisions of paragraph son who produces'tin-plate, short ternes (ii) “Long ternes,” meaning steel (b) shall not apply to: or tin mill black plate shall file with sheets other than black plate, coated with (1) Roofing materials or to furnace pipe and fitting materials in inventory the War Production Board monthly re­ terne metal. ports on form PD 612 in accordance with (3) “Terne metal” means the lead-tin on May 16, 1942, to be sold or delivered alloy used as the coating for terne plate. for maintenance and repair purposes re­ the instructions printed on that form. (4) “ Process” means cut, draw, stamp, gardless of rating or on orders for defense (2) Each person who produces long spin, or otherwise'shape. housing to the extent specified in the ternes shall file with the War Produc­ (5) “Put into process” means the first Defense Housing Critical List. tion Board monthly reports on form PD change by a manufacturer in the form (2) Materials in inventory (other than 611 in accordance with the instructions of material from that form in which the materials referred to in paragraph (f) printed on that form. tin plate or terne plate is received by (1) ) which on May 16,1942 had been put (l) Applicability of other orders. In ­ him. into process, or had been painted, lac­ sofar as any other order of the Director (b) Restrictions on use of tin plate and quered, lithographed or enameled. General for,Operations may have the terne plate. Except to the extent speci­ (3) Materials in inventory on May 16, effect of limiting to a greater extent than fied in Schedule A or with specific per­ 1942, which are outside the gauge range herein provided the use of any material mission of the Director General for from 75 to 112 pounds per base box. in the production of any item, the lim­ Operations: (g) Exception for Army, Navy, M a r i­ itation of such order shall be observed. (1) No person shall use tin plate, or time Commission and War Shipping Ad­ (m ) Appeal. - Any appeal from the terne plate in the production of any ftem ministration orders. The provisions of provisions of this order shall be made or part thereof. paragraphs (b), (c) and (d) shall not by filing a letter in triplicate, referring (2) No person shall use hot dipped tin apply in the case of articles to be pur­ to the particular provision appealed plate with a pot yield exceeding 1.25 chased by or for the account of the from and stating fully the grounds of pounds per base box. Army or Navy of the United States, the the appeal. (3) No person shall use electrolytic tin, United States Martime Commission, or (n ) Violations. Any person who wil­ plate with a tin coating in excess of .50 the War Shipping Administration, or to fully violates any provision of this order, pound per base box. be physically incorporated into products or who, in connection with this order, (4) No person shall use short ternes to be so purchased, to the extent that the wilfully conceals a material fact or fur­ with a terne coating in excess of 1.30 use of Jtin plate or terne plate is re­ nishes false information to any depart­ pounds per base box. quired by the specifications (including ment or agency of the United States is ( 5) No person shall use long ternes performance specifications) of the Army guilty of a crime, and upon conviction with a terne coating in excess of 4 pounds or Navy of the United States, the United may be punished by fine or imprison­ per base box. States Maritime Commission or the War ment. In addition, any such person may (c ) Restrictions on use of waste-waste. Shipping Administration applicable to be prohibited from making or obtaining Except with the specific permission of the the contract, subcontract or purchase further deliveries of, or from processing Director General for Operations, no per­ order. or using, material under priority control son shall use electrolytic tin plate waste- (h ) Restrictions on tin consumption. and may be deprived of priorities as­ waste, or hot dipped tin plate waste- During the first calendar quarter of 1942 sistance. waste and short terne waste-waste out­ and during each calendar quarter there­ (o ) Communications. All reports to side the gauge range from 80 to 107 after, no person shall use tin in the pro­ be filed hereunder and communications duction of tin plate or terne plate in pounds per base box, except for uses for concerning this order shall, unless excess of the quota assigned to such per­ which tin mill black .plate is permitted otherwise directed, be addressed to. by other existing or future orders of the son by the Director General for Opera­ W ar Production Board, Steel Division, Director General for Operations. tions. Washington, D. C. Ref.: M-21-e. (d ) Restrictions on use of terne metal. (i) Special directions. The Director Except with the specific permission of the General for Operations may from time *Tp.D. Reg. 1, as amended, 6 F.R. 6680; Director General for Operations, to time issue special directions as to W.P.B. Reg. 1, 7 P.R. 561; E.O. 9024, 7 (1) No person shall use terne metal production, sale, delivery, and use of tin P.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, except in the production of terne plate. plate, terne plate and tin mill black plate, 7 F.R. 2719; sec. 2 ( a ) , Pub. Law 671, 76th (2) No person shall coat short ternes which may include directions ag. to the Cong., as amended by Pub. Laws 89 and with terne metal containing over 15 per tin or lead content of tin plate and terne 507, 77th Cong.) cent tin. plate. Issued this 11th day of December 1942. (j) Purchasers’ reports. (1) Each (3) No person shall coat long ternes E rnest K anzler, with terne metal containing over 10 per person who purchases tin plate, short ternes or tin mill black plate, except Director General for Operations. cent tin. FEDERAL REGISTER, Saturday, December 12, 1942 10375

SCHEDULE À Turkey, United Kingdom, including its Dominions, Crown Colonies and protec­ Permitted uses Permitted materials Maximum permitted coat­ torates, and Yugoslavia; ing of tin or of teme metal (3) Any agency of the United States Government, for delivery to, or for the 1. Cans______As specifically authorized by or pursuant to Conservation Order M-81, as amended. account of, the government of any coun­ 2. Closures...... 1...... / As specifically authorized by or pursuant to Conservation try listed above, or any other country, Order M-104, as amended. 3. Baking pans for institutions and dommercial bakers. Hot dipped tin plate______1.25 lbs. per base box. including those in the Western Hemi­ Electrolytic tin plate...... 0.50 lbs. per base box. sphere, pursuant to the Act of March 11, 4. Carbide non-explosive emergency lights______Short ternes______1.30 lbs. per base box. 1941, entitled “An Act to Promote the Long ternes...... 4 lbs. per base box. 8. Chaplets, skimgates and tin forms for foundry use.. Hot dipped tin plate...... 1.25 lbs. per base box. Defense of the United States” (Lend- Short ternes______1.30 lbs. per base box. Lease Act). Long ternes______4 lbs. per base box. 8. Cheese vats...... ______Hot dipped tin plate______11 lbs. per base box. (d ) Passenger carrier production under 7. Component parts for: Internal combustion engines Short ternes...... 1.30 lbs. per base box. Limitation Order L-101. As of June 23, including cooling systems, fuel sustems, and lu­ Long ternes______4 lbs. per base box. bricating systems—but only where less essential 1942 the production of passenger carriers material is impractical because of corrosion or shall in no way be regulated by this order, solderability. but shall in all respects be regulated and 8. Dairy ware and equipment, including dairy pails, Hot dipped tin plate. 3.30 lbs. per base box (2A milk strainer pails, hooded milking pails, milk charcoal). controlled by General Limitation Order kettles, setter or cream cans, weigh cans, measures and test ware, bottle conveyors, ice cream freezers, L-101, issued May 21, 1942. milk filters, receiving tanks, separators, strainers, (e) Records. ■ All persons affected by upper and lower troughs and covers for surface this order shall keep and preserve for type heaters and coolers, and testing equipment. 9. Electrical equipment parts requiring solderable Short ternes______1.30 lbs. per base box. not less than two years accurate and coatings. Long ternes______4 lbs. per base box. complete records concerning inventories, 10. Gas mask canisters______Short ternes______1.30 lbs. per base box. production and sales. Long ternes...... 4 lbs. per base box. 11. Gas meters______Hot dipped tin plate. 3.30 lbs. per base box (2A (f) Reports. All persons affected by charcoal). this order, shall execute and file with the Electrolytic tin plate. 0.50 lbs. per base box. Short ternes______1.30 lbs. per base box. W ar Production Board such report and Long ternes_____ .... 4 lbs. per base box. questionnaires as the Board shall from 12. Heat exchangers...... Short ternes______1.30 lbs. per base box. Long ternes...... 4 lbs. per base box. time to time request. No reports or ques­ 13. Lining of drying chambers for milk and egg dehy­ Hot dipped tin plate. 11 lbs. per base box. tionnaires are to be filed by any person dration. until forms therfefor are prescribed by 14. Maple syrup evaporators...... ______Hot dipped tin plate. 11 lbs. per base box. 15. Oillantems____ ;______Short ternes______1.30 lbs. per base box. the War Production Board. Long ternes______4 lbs. per base box. (g ) Audit and inspection. All records 16. Safety cans for inflammable liquids______Short ternes...... 1.30 lbs. per base box. Long ternes______4 lbs. per base box. required to be kept by this order shall 17. Textile spinning cylinders, card screens, spools and Hot dipped tin plate. 1.25 lbs. per base box. upon request, be submitted to audit and bobbins. Short ternes..______1.30 lbs. per base box. Long ternes...... 4 lbs. per base box. inspection by duly authorized represent­ 18. Torpedoes for oil and gas wellshooting____...... Short ternes...... 1.30 lbs. per base box. atives of the War Production Board. Long ternes______4 lbs. per base box. (h ) Any person who wil­ 19. Vaporizing liquid fire extinguishers______Short ternes______1.30 lbs. per base box. Violations. Long ternes______4 lbs. per base box. fully violates any provision of this order, 20. Wick holders for oil stoves—but only for replace­ Short ternes______1.30 lbs. per base box. or who, in connection with this order, ment. Long ternes______4 lbs. per base box. wilfully conceals a material fact, or fur­ nishes false information to any depart­ [F. R. Doc. 42-13181; Filed, December 11, 1942; 10:44 a. m.] ment or agency of the ynited States, is guilty of a crime, and upon conviction may be punished by fine or imprison­ Part 976—¿Motor T r uck s, T r u c k T r a il­ other form of business enterprise en­ ment. In addition, any such person may ers and P assenger C arriers gaged in the manufacture of truck- be prohibited from making or obtaining [Supplementary Limitation Order L -l-g as trailers. further deliveries of, or from processing Amended Dec. 11, 1942] (b) Prohibition of production of truck- or using, materials under priority con­ trailers after June 30, 1942. Except to trol and may be deprived of priorities The fulfillment of requirements for the the extent that production is permitted assistance. defense of the United States having cre­ under paragraph (c) below, effective July (i) Appeals. Any person affected by ated a shortage in the supply of rubber, 1, 1942, producers of truck-trailers shall this order who considers that compli­ steel, chromium, nickel and other criti­ not manufacture any such vehicles, ir­ ance herewith would work an exceptional cal materials required for the production respective of the provisions of any order and unreasonable hardship upon him, of truck-trailers for defense, for private heretofore issued by the W ar Production may appeal for relief by addressing a let­ account and for export, the following Board or of the terms of any contract ter to the Director General for Opera­ order is deemed necessary and appropri­ heretofore or hereafter entered into by tions, Ref.: L -l-g , Washington, D. C., ate in the public interest and to promote any such producers. setting forth the pertinent facts and the the national defense: (c) Exceptions in favor of War Agen­ reasons why such person considers that § 976.17 Supplementary Limitation cies. Nothing in this order shall prevent he is entitled to relief. The Director Order L -l-g [7 P.R. 9609.1— (a) Defini­ any producer from manufacturing and General for Operations may thereupon tions. For the purposes of this order: delivering truck-trailers pursuant to con­ take such action as he deems appropriate. (1) “Truck trailer” means a complete tracts or orders for delivery to or for the (j) Cortimunications. All communica­ semi-trailer or full trailer designed for account of the following: tions concerning this order shall unless the transportation of property or per­ (1) The Army or Navy of the United otherwise directed, be addressed to: War sons, or the chassis therefor, but does not States or the United States Maritime Production Board, Automotive Division, include attachment third-axles, whether Commission, the War Shipping Admin­ Washington, D. C. Ref.: L -l-g . dead or power-driven. This paragraph istration, the Panama Canal, the Coast (k) Authorized production of tank, inL ^ shall take effect December 1, and Geodetic Survey, the Coast Guard, 1942. trailers. (1) Notwithstanding the provi­ the Civil Aeronautics Administration, the sions of paragraph (b) of this order, pro­ (2) “Passenger carrier” means a com­ National Advisory Committee for Aero­ ducers may manufacture a total of 300 plete motor or electrical coach for pas­ nautics, the Office of Scientific Research senger transportation, having a seating and Development; tank trailers in such quantities, of such capacity of eleven (11) or more persons, (2) The government of any of the fol­ types and within suchT periods of time as or the chassis or body therefor. lowing countries: Belgium, China, Czech­ may hereafter from time to time be spe­ “Producer” means any individual, oslovakia, Free France, Greece, Iceland, cifically authorized by the Director Gen­ u tnership, association, corporation or Netherlands, Norway, Poland, Russia, eral for Operations. 10376 FEDERAL REGISTER, Saturday, December 12, 1942

reason to believe such material is to be (P.D. Reg. 1, as amended, 6 P.R. 6680; cordance with paragraph (c)(1) above unless, not later than the 20th day of used in violation of the terms of this or W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 any other order of the Director General P.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, the month next preceding the month in for Operations. 7 PR. 2719; sec. 2 ( a ) , Pub. Law 671, 76th which delivery is scheduled, he shall have filed with the War Production Board re­ (g) Applicability of priorities regula­ Cong., as amended by Pub. Laws 89 and tions. This order and all transactions 507,'77th Cong.) ports on Forms PD-581 and PD-582 as revised. Failure of any person to file a affected thereby are subject to all appli­ Issued this llth day of December 1942. report in the manner and on the date cable provisions of the priorities regula­ E rnest K a n zle r , required by this paragraph may be con­ tions of the War Production Board as Director General for Operations. strued as notice to the Director and to they may be amended from time to time. all suppliers of cobalt that such person (h ) Appeals and communications. JF-. R. Doc. 42-13178; Filed, December 11,1942; does not desire an allocation of cobalt Any appeal from the provisions of this 10:41 a. m.] during the succeeding month. order shall be made by filing a letter in (2) Any person who on the first day triplicate, referring to the particular of a calendar month has in his posses­ provisions appealed from and stating P art 987— C obalt sion or under his control a quantity of fully the grounds of the appeal. All [General Preference Order M-39 as Amended cobalt in any of the forms specified in appeals and other communications con­ Dec. 11, 1942] paragraphs (a) (1) (i), (ii) and (iii) cerning this order shall, unless otherwise above in excess of 100 pounds (contained directed, be addressed to: War Produc­ Section 987.1 General Preference Or­ cobalt) shall file a report with the War tion Board, Ferro-Alloys Division, Wash­ der M-39 [7 F.R. 900, 4882.] is hereby Production Board on Form PD-581 on ington, D. C., Reference M-39. amended to read as follows; or before the 20th day of such month, (i) Applicability of order. The re­ § 987.1 General Preference Order whether or not such person applies for strictions contained in this order shall M-39— (a) Definitions. For the purposes an allocation of cobalt for delivery dur­ apply to all contracts whether made of this order; ing the succeeding month. prior or subsequent to the effective date (1) “Cobalt” means and includes: (3) Each refiner or processor of cobalt of this order. (i) Ores, concentrates, and crudes, in- „ ores, concentrates or crudes in any of (j) Violations. Any person who wil­ eluding beneficiated or treated forms the forms specified in paragraph (a) (1) fully violates any provision of this order, containing cobalt (commercially recog­ (i) above shall on or before the 20th day or who, in connection with this order, nized) . of each month file with the War Pro­ wilfully conceals a material fact or fur­ (ii) Cobalt metal, cobalt oxide, and duction Board on Form PD-581 his pro­ nishes false information to any depart­ other primary chemical compounds duction schedule for the succeeding ment or agency of the United States is which result from the processing of co­ month. guilty of a crime, and upon conviction balt ores, concentrates, crudes, or resi­ (e) Use of cobalt prohibited except for may be punished by fine or imprison­ dues; but not including by-products from specified items. No person shall put into ment. In addition, any such person which cobalt is not commercially recov­ process any cobalt as defined in para­ may be prohibited frorn making or ob­ erable. graphs (a) (1) (i), (ii) and (iii) above, taining further deliveries of, or from (iii) All scrap or secondary material except for the production of cobalt in processing or using, material under pri­ containing commercially recoverable co­ the forms specified in paragraph (a) ority control and may be deprived of balt as defined in 'll) and (ii) above, (1) (ii) above or except for the uses or priorities assistance. excluding cobalt-bearing iron and steel in the production of the items (and the (k) Revocation of Order M-39-b. scrap. necessary material therefor), specified Conservation Order M-39-b and all (b) Refining ores. The Director Gen­ below, and then only to the extent that amendments thereto are hereby revoked. eral for Operations from time to time the use of an alternate material is im ­ (P.D. Reg. 1, as amended, 6 F.R. 6680; may direct the manner in which any of practicable. W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 the forms of cobalt specified in paragraph (1) Catalysts. F.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, (2) Cattle and plant food. (a) (1) %(i)' above shall be refined or 7 F.R. 2719; sec. 2 (a ), Pub. Law 671, (3) Decolorizer for glass, the batch otherwise processed. 76th Cong., as amended by Pub. Laws 89 (c) Deliveries— ( 1) Allocations. Ex­ composition of which shall not exceed and 507, 77th Cong.) cept as specifically authorized by the 1 pound of cobalt element per 100 tons Director General for Operations, no per­ of glass. Issued this llth day of December 1942. son shall deliver or accept delivery of (4) Driers, provided that no such drier E rnest K anzler, cobalt in any of the forms specified in shall be sold unless the purchaser cer­ Director General for Operations. paragraph (a) (1) (ii) above. The Di­ tifies to the drier manufacturer it will rector will from time to time allocate the be used only for one or more of the fo l­ [F. R. Doc. 42-13179; Filed, December 11,1942; 10:41 a. m.] supply of such cobalt and specifically lowing: (i) Floor and deck paints and direct the manner and quantities in varnishes, (ii) interior trim enamel, which deliveries to particular persons or (iii) printing ink. (5) Ground coat frit to be used or for particular uses shall be made or with­ P art 1188— R ailroad E q u ip m e n t held. Such allocations and directions sold on orders bearing preference ratings may be made without regard to any pref­ of AA-4 or higher. [Limitation Order L-229] erence ratings assigned to particular (6) “Health supplies” as defined in Material entering into the production contracts or purchase orders. The Di­ Preference Rating Order P-29 as the of replacement parts for electric railway rector may also, in his discretion, require same may be amended. cars and trolley coaches. , any person seeking to place a purchase (7) High speed steel as approved under The ■ fulfillment of requirements for order for such cobalt to place the order Supplementary Order M-21-a. the defense of the United States has with one or more particular suppliers. (8) Laboratory and research equip­ created a shortage in the supply of criti­ (2) Exception for small deliveries. Anyment. cal materials required for the production person may receive deliveries up to but (9) Magnets. of replacement parts for electric railway not exceeding an aggregate of 25 pounds (10) Non-ferrous alloys to be sold on cars and trolley coaches, for defense, of contained cobalt, in any of the forms orders bearing preference" ratings of for private account and for export; ana specified in paragraph (a) (1) (ii) above, AA-5 or higher. the following order is deemed necessary during any calendar month without (11) Pigment for glass for optical or and appropriate in the public interest specific authorization by the Director for safety purposes. and to promote the national defense. General for Operations under paragraph (f) Prohibitions against sales or deliv­ § 1188.6 Limitation Order L-229 (c) (1) of this order. Any person may eries. Notwithstanding the fact that an order may be authorized pursuant to (a) Applicability of priorities regulations. make a delivery the acceptance of which (1) This order and all transactions at- • is authorized by this subparagraph. paragraphs (c) (1) or (c) (2) hereof, no fected thereby are subject to all applica­ (d) Reports. (1) No person shall be person shall hereafter sell or deliver ble provisions of the priorities régula- entitled to receive an allocation in ac­ cobalt to any person if he knows or has FEDERAL REGISTER, Saturday, December 12, 1942 10377

tions of the W ar Production Board, as quarter beginning January 1,1943, and (g) Reports. All persons affected by amended from time to time, except to during any calendar quarter thereafter, this order shall prepare and file such re­ the extent that any provision hereof may no producer shall manufacture replace­ ports or questionnaires as may from time be inconsistent therewith, in which case ment parts of a value (manufactur­ to time be requested by the Director Gen­ the provisions of this order shall govern. er’s cost) which exceeds one-fourth eral for Operations. (2) Protection of production sched­ of 115% of the total value (manufac­ (h ) Audit and inspection. All records ules. Producers of replacement parts turer’s cost) of all such replacement required to be kept by this order shall, under the terms of this order may, not­ parts produced by him during the calen­ upon request, be submitted to audit and withstanding the provisions of Priorities dar year 1942. inspection by duly authorized represent­ Regulation No. 1 as amended, schedule (d ) Restrictions on use of materials. atives of the War Production Board. their production of replacement parts In the production of replacement parts, (i) Violations. Any person who wil­ ordered by or for carriers as if the orders no material shall be used except in ac­ fully violates any provision of this order, therefor bore a rating of AA-2X. cordance with all applicable “M ” orders or who, in connection with this order, (b) Definitions. For the purpose of or other restrictions on the use of criti­ wilfully conceals a material fact or fur­ this order: cal materials as now or hereafter nishes false information to any depart­ (1) “Person” means any individual, ordered by the Director General for Op­ ment or agency of the United States is partnership, association, business trust, erations of the War Production Board. guilty of a crime, and upon conviction corporation, governmental corporation (e) Restrictions on carrier. (1) During may be. punished by fine or imprison­ or agency, or any organized group of per­ the calendar quarter beginning January ment. In addition, any such person may sons, whether incorporated or not. 1,1943, and during any calendar quarter be prohibited from making or obtaining (2) “Electric railway car”^ means a thereafter, no carrier shall accept de­ further deliveries of, or from processing complete electric car or trailer for pas­ livery of new replacement parts of a or using, material under priority control senger transportation, confined to rails total dollar cost value which exceeds a and may be deprived of priorities assist­ and used in urban afid/or interurban designated proportion of the total dollar ance. mass transportation, including surface cost value of all similar replacement (j) Appeals. Any appeal from the pro­ cars and rapid transit cars used in un­ parts received by him during the corre­ visions of this order shall be made by derground or elevated transportation, sponding quarter of the preceding year, filing a letter in triplicate, referring to and also including auxiliary commodity such proportion to be the ratio which the particular provision appealed from and service cars; but not including ve­ his vehicle miles by electric railway and stating fully the grounds of the ap­ hicles operated by a steam railroad or cars and trolley coaches scheduled dur­ peal. over an electrified section thereof. ing the current calendar quarter bear to (k) Communications. All communi­ (3) “Trolley coaches” means a com­ such vehicle miles during the corre­ cations concerning this order shall, un­ plete electric coach for passenger trans­ sponding quarter of the previous year. less otherwise directed, be addressed to portation, deriving electric propulsion (2) No carrier shall use any new re­ the War Production Board, Transporta­ power through overhead wires, but not placement part to replace a similar part tion Equipment Division, Washington, confined to rails. which is still usable within reasonable D. C., reference L-229. (4) “Replacement parts” for electric limits of safety, or which can be recon­ (P.D. Reg. 1, as amended, 6 F.R. 6680; railway cars and trolley coaches means ditioned by use of available recondition­ only the following enumerated functional W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 ing facilities, except to permit recondi­ F.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, parts (including components entering tioning of the old part. into assemblies of such parts) used for 7 F.R.~2719; sec. 2 ( a ) , Pub. Law 671, 76th (3) No carrier may keep in his inven­ Cong., as amended by Pub. Laws 89 and the repair or maintenance of such ve­ tory, in his possession or under his con­ hicles: 507, 77th Cong.) trol for a period of more than thirty Axles, batteries, braking systems, cou­ days any worn out, imperfect, con­ , Issued this 11th day of December 1942. pling devices, drive shafts, gears and demned or non-usable replacement parts E rnest K an zler , pinions, lubricating systems, motors and which cannot be reconditioned by such Director General for Operations. generators, steering assemblies, truck as­ carrier or on his behalf, but must dispose [F. R. Doc. 42-13180; Filed, December 11,1942; semblies including suspension, universal of the same through the customary dis­ joints, wheels; 10:41 a. m.] posal or scrap channels. Body and frame structural parts, cur­ (f) Exceptions to applicability of this rent collection and control systems, des­ order. The terms and restrictions of this tination indicators, door and stop parts order shall not apply to any replacement Chapter X I—Office of Price. and controls, fare collection and regis­ parts sold to or produced under contracts Administration tering devices, heating and ventilating or orders for delivery to or for the ac­ P art 1305— A dministration systems, lighting and signal systems, sash count of : and glazing, windshield wiper assem­ (1) The Army or Navy of the United [Supplementary Order 32] blies; miscellaneous bars, bolts, cable, States or the United States Maritime castings, fittings, forgings, pipe, sheets, NETHERLANDS PURCHASING COMMISSION Commission, the W ar Shipping Admin­ tubing, and wire used in maintenance of istration, the Panama Canal, the Coast A statement of the reasons for this and °Perating supplies and per­ and Geodetic Survey, the Coast Guard, Supplementary Order No. 32 has been is­ ishable tools required to operate electric the Civil Aeronautics Administration, the sued simultaneously herewith and has railway and trolley coach systems. National Advisory Committee for Aero­ been filed with the Division of the Fed­ (5) “Producer” means any person en­ nautics, the Office of Scientific Research eral Register.* gaged in the manufacture of replacement .and Development; For the reasons set forth in that state­ Parts as defined in paragraph (b) (4) ment and under the authority vested in above. (2) The government of any of the fol­ lowing countries, Belgium, China, Czecho­ the Price Administrator by the Emer­ ‘Carrier” means any person en­ slovakia, Free France, Greece, Iceland, gency Price Control Act of 1942, as gaged in the business of transporting Netherlands, Norway, Poland, Russia, amended, and Executive Order No. 9250, Passengers by electric railway cars or Turkey, United Kingdom, including its It is hereby ordered, That: trolley coaches. As used herein, the term Dominions, Crown Colonies and Protec- . § 1305.37 Sales by Netherlands Pur­ Business of transporting passengers by torates, and Yugoslavia; electric railway cars or trolley coaches” chasing Commission of merchandise orig­ (3) Any agency of the United States does not include transportation over an inally purchased by private firms in the government, for delivery to, or for the electrified section of a steam railroad or Netherlands East Indies, (a) Notwith­ account of, the government of any coun­ any operation or activity not subject to standing the provisions of any price reg­ try listed above, or any other country, in­ tne control or supervision of the Inter­ ulation, the maximum price at which the cluding those in the Western Hemi­ Netherlands Purchasing Commission or state Commerce Commission or of a sphere, pursuant to the Act of March 11, any agent thereof may sell or deliver State or local regulatory body. 1941, entitled “An Act to Promote the (c) Restrictions on production of re­ Defense of the United States.” (Lend- •Copies may be obtained from the Office of placement parts. During the calendar Lease Act) Price Administration. 10378 FEDERAL REGISTER, Saturday, Decem ber 12, 1942 (5) Temporary marking provision. A merchandise originally purchased by pri­ lands Purchasing Commission at the seller at retail may attach the marking vate firms in the Netherlands East Indies time of purchase. (e) This Supplementary Order No. 32 required in this paragraph to the outside shall be the sum of the following: of a package or container, instead of di­ (1) Actual cost‘Of the merchandise to (§ 1305.37) shall be effective as of Oc­ rectly to the hosiery, provided that the the Netherlands Purchasing Commission. tober 26, 1942. hosiery is (i) packaged in lots of three (2) Actual storage, handling and in­ (Pub. Laws 421 and 729, 77th Cong.; E.O. pairs or less and (ii) offered for sale and surance costs paid on the merchandise by 9250, 7 F.R. 7871) delivered by the seller at retail prior to the Netherlands Purchasing Commission January 15,1943 in the package to which from the date of purchase to the date of Issued this 10th day of December 1942. the proper marking is Attached. delivery. L e o n H end er so n, (3) Actual transportation or ware­ Administrator. § 1338.115 Effective dates of amend­ housing charges paid by the Netherlands ments. (a) A m en d m en t No. 1 [P. R. Doc. 42-13142; Piled, December 10,1942; Purchasing Commission in connection 4:22 p. m.] (§§ 1338.115, 1338.102 (3a) and 1338.105 with the merchandise from the date of (b) (1) and (5)) to Maximum Price Reg­ purchase to the date of delivery. ulation 274 shall become effective on De­ (b) No sale or delivery shall be made P art 1338— S i l k and S i l k P roducts cember 10, 1942. under paragraph (a) of this Supple­ (Pub. Laws 421 and 729, 77th Cong.; E.O. mentary Order No. 32 except to the [MPR 274,1 Amendment 1] 9250, 7 F.R. 7871) United States or an agency thereof unless WOMEN’S SILK HOSIERY the Netherlands Purchasing Commission Issued this 10th day of December 1942. A statement of the considerations in­ obtains from the purchaser and files with' e o n end er so n volved in the issuance of this amendment L H , the Secretary, Office of Price Adminis­ Administrator. has been issued simultaneously herewith tration, Washington, D. C., within ten and filed with the Division of the Federal days of the date thereof a written state­ IP. R. Doc. 42-13140; Filed, December 10,1942; ment that the purchaser will absorb the Register.* 4:22 p. m.] In § 1338.102, a new paragraph (e) is increased cost resulting from such pur­ added, and in § 1338.105 (b ), subdivision chase and will not make any application (vii) is added to subparagraph (1) and a to the Office of Price Administration for P art 1350— E m e r g e n c y C iv il ia n D efense an exception to or amendment of any new subparagraph (5) is added, and M aterials an d E q u ip m e n t price regulation if such application is § 1338.115 is added, as set forth below: based directly or indirectly in whole or § 1338.102 Maximum prices for silk [MPR 234,1 Amendment 3 ] in part on such increased-cost. hosiery. * * * (c) The maximum price at which thé (e) Ingrain (.yarn-dyed) hosiery. The APPROVED STIRRUP PUMPS Netherlands Purchasing Commission maximum price for which silk hosiery A statement of considerations involved may export merchandise originally pur­ made of yarn that was dyed in fast colors in the issuance of this Amendment No. chased by private firms in the Nether­ before knitting (ingrain silk hosiery) 3 has been issued simultaneously here­ lands East Indies shall be determined may be sold shall be as follows: with and filed with the Division of the in accordance with the Revised Maxi­ (1) Sales at retail. (Prices are per Federal Register.* mum Export Regulation issued by the pair.) The table in § 1350.53 (a) and § 1350.53 Office of Price Administration.1 (i) 45 gauge and lower, all threads: (b) are amended, as set forth below: (d) As used in this Supplementary $1.95 for first quality; $1.45 for irregu­ § 1350.53 Maximum prices for sales Order No. 32: lars; $1.00 for seconds; and $.65. for of approved stirrup pumps in the con­ (1) “Price regulation” means a pnce 1/1111 u o . schedule effective in accordance with the (ii) 48 gauge and higher, all threads: tinental United Spites, (a ) * * * provisions of section 206 of the Emer­ $2.35 for first quality; $1.75 for irregu­ gency Price Control Act of 1942, a maxi­ lars; $1.20 for seconds; and $.80 for ’ vi mum price regulation or temporary max­ thirds. pHce imum price regulation heretofore or (2) Sales at wholesale. (Prices are per Name of manufacturer price hereafter issued, or any amendment or dozen, f. o. b. point of shipment.) tailerprice Lower retail Higher retail Factory to re­ Wholesaleprice supplement thereto or order thereunder (i) 45 gauge and lower, all threads: Factoryprice heretofore or hereafter issued. $15.95 for first quality; $12.00 for irregu­ (2) “Merchandise originally purchased lars; $8.00 for seconds; and $5.35 for The Oakes Mfg. Co., by private firms in the Netherlands East Tipton, Ind...... $2.07 $2.12 $2.52 $3.60 $3.25 thirds. T e n n e sse e Stove Indies” means the commodities referred (ii) 48 gauge and higher, all threads: Works, Chattanooga, to in the petition filed with the Secretary $19.25 for first quality; $14.40 for irregu­ Tenn...... 1.02 L 07 2.37 3.40 3.05 Dobbins Mfg. Co., N . of the Office of Price Administration lars; $9.65 for seconds; and $6.45 for St. Paul, Minn...... 2.00 2.06 2.45 3.50 3.15 by the Netherlands Purchasing Commis­ James Graham Mfg. thirds. 3.00 sion under date of October 26, 1942, and (3) Sales by manufacturers. (Prices Co., Newark, Calif... 1.84 1.JB0 2.20 3.30 Independent Lock Co., assigned Docket Number ME3-18. This are per dozen f. o. b. point of shipment.) Litchburg, Mass____ 2.18 2.23 2.63 3.80 3.40 material is described in detail-©n sheets (i) 45 gauge and lower, all threads: Standard Container 1.86 1.01 2.31 3.30 3.00 numbered 1 to 405, inclusive, captioned $14.50 for first quality; $10.90 for irregu­ Inc., Rockaway, N. J. “Netherlands Purchasing Commission— lars; $7.25 for seconds; and $4.85 for Inventory as of July 1, 1942 of Stocks of thirds. (b) The price listed under “factory Private Firms (originally destined for (ii) 48 gauge and higher, all threads: price” in paragraph (a ) is the maximum N. E. I.) ” which has been filed with the $17.50 for first quality; $13.10 for irregu­ price for sales by the named manufac­ Secretary of the Office of Price Admin­ lars; $8.75 for seconds; and $5.85 for turer to all classes of purchasers (includ­ istration as a supplement to the fore­ thirds. ing municipalities and defense councils) going petition. § 1338.105 Information which must be other than those who customarily sell (3) “Actual cost of the merchandise to f urnished to ultimate consumers. * * * only through one or more retail estab­ the Netherlands Purchasing Commis­ (b) By marking— (1) In the case of lishments. For sales by the manufac­ sion” includes the amount paid or cred­ turer to a person who customarily sells ited by the Netherlands Purchasing Com­ full fashioned hosiery. * * * (vii) The word “Ingrain” on all in­ only through one or more retail estab­ mission to the original owner of the lishments, the maximum price is the price material plus any banking, warehousing, grain silk hosiery. ***** listed under “ factory to retailer price storage, insurance or transportation in paragraph ( a ) . These prices are charges paid or assumed by the Nether- •Copies may be obtained from the Office f. o. b. factory. of Price Administration. ip .R . 3096, 3824, 4294, 4541, 5059, 7242, a . *7 P.R. 9951. i 7 P.R. 7976, 7998, 8948, 9428. 8829, 9000. FEDERAL REGISTER, Saturday, December 12, 1942 10370

§ 1350.64 Effective dates of amend­ (b), (g) and (h) the maximum deliv­ P art 1394— R a t io n in g o f F u e l and F u e l ments. * * * ered price shall be the maximum f. o. b. P roducts (c) Amendment No. 3 (§ 1350.53 (a) price hereinbefore in this regulation [Ration Order'5B, Amendment 9] (b)) to Maximum Price Regulation No. specified plus the actual transportation 234 shall become effective December 16, cost from the seller’s shipping point to GASOLINE RATIONING REGULATIONS FOR 1942. the buyer’s receiving point. On all sales PUERTO RICO of hops covered by this regulation in Correction (Pub. Laws 421 and 729, 77th Cong.; E.O. § 1351.1452 (c>, (d), (e) and (f) the 9250, 7 F.R. 7871) maximum f. o. b. price shall be the max­ Section 1394.2355 Issuance of fleet ra­ Issued this 10th day of December 1942. imum delivered priee less actual trans­ tions appearing on page 9432 in the issue for Tuesday, November 17, 1942, should L eo n H enderson, portation charges to buyer’s customary Administrator. receiving point. read as follows: [F. R. Doc. 42-13143; Filed, December 10,1942; § 1351.1466 Effective date of amend­ § 1394.2355 Issuance of fleet rations. 4:23 p. m.] ment. (a) This Amendment No. 1 Class B, C, and D ration books marked (§§ 1351.1452 (c), (d), (e) and (f), “Fleet” shall be issued as fleet rations 1351.1453 (b ), 1351.1454 and 1351.1466) to provide the total mileage allowed by P art 1351—P ood and F ood P roducts to Maximum Price Regulation No. 279 the Board in the same manner as [MPR 279, Amendment 1] shall become effective December 10, 1942. such books are issued pursuant to § 1394.2305 for supplemental mileage, HOPS (Pub. Laws 421 and 729, 77th Cong., E.O. and § 1394.2307 for preferred mileage, 9250, 7 FJt. 7871) A statement of the considerations and in the case of motorcycles, pursuant involved in the issuance o f this Amend­ Issued this 10th day of December 1942. to § 1394.2308. ment No. 1 to Maximum Price Regula­ L e o n H enderso n, tion No. 279 [7 F.R. 10227] has been is­ Administrator. sued simultaneously herewith and filed with the Division of the Federal Reg­ [F. R. Doc. 42-13141; Filed, December 10,1942; P art 1394—R a t io n in g of F u e l and F u e l ister.* 4:22 p. m.] P roducts Paragraphs (c), (d), (e) and (f) of [Ration Order 8, Amendment 2] § 1351.1452 and paragraph (b) of P art 1364—F resh , C ured, and C anned GASOLINE RATIONING REGULATIONS FOR THE § 1351.145» and § 1351.1454 are amended, VIRGIN ISLANDS and a new § 1351.1466 is added, all to M eat and F ish read as set forth below. [Correction to MPR 265 *] Correction § 1351.1452 Maximum prices for hops SALES BY CANNERS OF SALMON In § 1394.4202 (b) (2) appearing on grown previous to the 1942 crop. The page 10110 of the issue for Friday, De­ maximum prices for sales of hops grown Section 1364.551 is corrected by add­ cember 4, 1942, “Class B book” should ing the words “November 9,” after the previous to the 1942 crop shall be as read “ Class R book.” word “prior” and before “1942”, as the follows: * * * * * v same appears in the last line of said section; § 1364.561a is added. (e) For sales of Pacific Coast regular P art 1394—R a t io n in g o f F u e l and F u e l seeded hops by grower cooperatives or § 1364.561a Effective dates of amend­ P roducts _ grower dealers, 43 cents per pound de­ ments. (a) Correction (§ 1364.551) to livered to buyer’s customary receiving Maximum Price Regulation No. 265 shall [Ration Order 11,1 Amendment 13] become effective December 10, 1942. point. -FUEL OIL RATIONING REGULATIONS (d) For sales of Pacific Coast seedless (Pub. Laws 421 and 729, 77th Cong.; E.O. A rationale for this amendment has hops by grower cooperatives or grower 9250, 7 F.R. 7871) dealers, 45 cents per pound delivered to been issued simultaneously herewith and buyer’s customary receiving point.. Issued this 10th day of December 1942. has been filed with the Division of the (e) For sales of Pacific Coast regular L eo n H enderso n, Federal Register.* seeded hops by a dealer, 48 cents per Administrator. Paragraph (e) of § 1394.5266 is pound delivered to buyer’s customary re­ amended and a new paragraph (g) is [F. R. Doc. 42-13138; Filed, December 10, 1942; added to such section; the text of ceiving point. 4:23 p. m.] (f) For sales of Pacific Coast seedless § 1394.5355 is designated as paragraph hops by a dealer, 50 cents per pound de­ (a) and a new paragraph (b) is added thereto; a new § 1394.5462 is added; and livered to buyer’s customary receiving P art 1378— C o m m o d itie s of M il it a r y a new paragraph (m) is added to point. S pecification for W ar P r o cur em ent * # $ * $ A gencies § 1394.5902; as set forth below: § 1351.1453 Maximum prices for cer­ [MPR 1562 Amendment 2} Heat and Hot Water Rations tain sales of hops of the 1942 crop. * * * § 1394.5266 Same: Applications made (b) “Highest price charged during the CERTAIN BEEF AND BEEF PRODUCTS PURCHASED BY CERTAIN FEDERAL AGENCIES on or after November 1, 1942; Heat or five day period” specified in the above both heat and hot water. * * * paragraph means the highest price which Paragraphs (a) and (c) of § 1378.52 (e) If the applicant has taken a valid the seller charged for a sale, whether for are revoked. immediate or future delivery made dur­ transfer of fuel oil during the period ing the five day base period to a purchaser § 1378.60a Effective dates of amend­ from October 1, 1942 to the date of ap­ of the same class; or if the seller made ments. * * * plication for the operation of oil burning no such sale during the five day base (a) Amendment No. 2 (Revocation of equipment designed for, and furnishing period his highest offering price during § 1378.52 (a) and (c)) to Maximum Price heat in any premises, or both heat and that period to a purchaser of the same Regulation No. 156 shall become effective hot water in premises other than a pri­ class; or if the seller made no such sale December 10, 1942. vate dwelling, the board shall issue (in or had no such offering price during the (Pub. Laws 421 and 729, 77th Cong.; E.O. addition to coupon sheets issued pursu­ five day base period to a purchaser of 925Q, 7 F.R. 7871) ant to paragraph (b) of this section) the same class the highest price charged Class 1 or Class 2 coupon sheets contain­ Issued this 10th day of December 1942. during the base period to a purchaser of ing currently valid coupons equal in gal- the same class by his most closely com­ L e o n H end er so n, lonage value to the amount of fuel oil petitive seller during the base period. Administrator. transferred to the applicant, for such purpose, except that the aggregate num- § 1351.1454 Maximum delivered prices [F. R. Doc. 42-13126; Filed, December 10, 1942; and maximum f. o. b. price not specif­ 4:17 p. m.] * Copies may be obtained from the Office ically stated. On all sales of hops, cov­ of Price Administration. * 7 FJR. 9229. ered by this regulation in § 1351.1452 (a ), *7 F.R. 8480, 8708, 8809, 8897, 9316, 9396, F R . 4230, 578Q. 9492, 9427, 9430, 9621, 9784, 10081. No. 243------4 10380 FEDERAL REGISTER, Saturday, December 12, 1942 ber of coupons issued pursuant to this amount of fuel oil so transferred to the a food product for which a stamp may paragraph and to paragraph (b) of this applicant and needed by him for such have been designated as valid by the section shall not exceed in gallonage purpose during that period, except that, Office of Price Administration or for the value the allowable ration determined where such application is made for a purpose of obtaining a ration book other in accordance with §§ 1394.5256 or ration for non-occupational use of a than W ar Ration Book One. 1394.5261, whichever is applicable. boat, the coupons issued in accordance § 1407.975 Restriction on use of coffee * * * * * with this section shall not exceed in stamps, (a) A consumer, not a member (g) If the applicant has taken a valid gallonage value the proportion of the of a family unit, who on November 28, transfer of fuel oil during the period maximum allowable ration specified in 1942, owns or possesses more than one from October 1, 1942, to the date of ap­ paragraph (d) of § 1394.5402 that the pound of coffee shall retain in his posses­ plication, for the operation of oil burn­ number of days between Octoberl, 1942, sion one coffee stamp for each pound of ing equipment designed for, and fur­ and the date of application or December coffee he owns or possesses in excess of nishing domestic hot water in private 9,. 1942, whichever is earlier, bears to one pound. The consumer shall sur­ dwelling premises, the coupon sheets is­ ninety (90) days. render such coffee stamps to the board sued to such applicant as his first ration Effective Date when so ordered by the Office of Price after November 1,1942, for such purpose Administration. shall contain coupons (in addition to § 1394.5902 Effective dates of correc­ (b) If, on November 28, 1942, a family * * * those issued as a ration for domestic hot tions and amendments. unit or any member thereof owns or pos­ water from the "date of application) (m ) Amendment No. 13 (§§ 1394.5266, sesses a quantity of coffee in excess of equal in gallonage value to the amount 1394.5355 and 1394.5462) shall become one pound of coffee per member of the of fuel oil transferred to the applicant effective on December 16,1942. family unit, whose age, as entered on his for such purpose, but not to exceed the (Pub. Law 671, 76th Cong., as amended war ration book, is 15 years or more, cof­ allowable ration for such period de­ by Pub. Laws 89,421 and 507, 77th Cong.; fee stamps equal in weight value to such termined in accordance with § 1394.5259. W.P.B. Dir. No. 1, 7 F.R. 562, Supp. Dir. excess shall be retained by such members. Such coffee stamps shall be surrendered Domestic Cooking and Lighting Rations No. 1-0, 7 F.R. 8418; E.O. 9125, 7 F.R. 2719) to the board when so ordered by the ' § 1394.5355 Issuance of rations for do­ Office of Price Administration. Issued this 10th day of December 1942. mestic cooking or lighting. * * * Retailers and Wholesalers (b) If application is made on or after L eon H enderson, November 1, 1942, for a ration for do­ Administrator. § 1407.991 Transfer o f coffee to cer­ mestic cooking or lighting, and the ap­ [F. R. Doc. 42-13139; Filed, December 10,1942; tain exempt persons. * * * plicant has taken a valid transfer of 4:21 p. m.] (d) Application for a certificate pur­ fuel oil during the period October 1, suant to paragraph (b) of this section 1942, to the date of application, for the shall include or be accompanied by: Part 1407— R ationing of F ood and F ood * ' * * * * operation of oil burning equipment de­ Products signed and used for such purposes, the (3) In the case of a transfer to a applicant shall append to his application [Ration Order 12,1 Amendment 1] person specified in paragraph (c) (4) of this section, a statement signed by the a signed statement setting forth the COFFEE RATIONING REGULATIONS amount of fuel oil transferred to him Collector of Customs or his deputy, au­ for such purposes during such period, A rationale for this amendment has thorizing the owner of the vessel or his the date of each transfer and the name been issued simultaneously herewith and agent to take delivery of roasted coffee and address of the transferor. The cou­ his been filed with the Division of the as ships’ stores in an amount equal to pon sheets issued to such applicant as his Federal Register.* that for which application is being made. * * * * * first ration after November 1, 1942, for The word “October” in § 1407.995 (d) Transfers Permitted Without the Sur­ such purposes shall, if such statement is (5) is deleted, and the word “ September” appended to the application, contain render of Coffee Stamps, Certificates, is substituted in lieu thereof; paragraph or Purchase Warrants and Irrespective coupons (in addition to those issued pur­ (a) of § 1407.970, paragraph (c) of suant to paragraph (a) of this section) of Restrictions on the Acquisition of § 1407.971, § 1407.975, paragraph (d ) Green Coffee equal in gallonage value to the amount (3) of § 1407.991, paragraph (b) of of fuel oil so transferred to the appli­ § 1407.1053, and paragraph (a) o f § 1407.1053 Transfer of coffee for stor­ cant, but not to exceed the allowable 1407.1084 are amended to read as fol­ age. * * * ration for such period determined in lows; and new §§ 1407.1084a and (b) On or after November 22,1942, any accordance with paragraph (b) of 1407.1090a are added as set forth below: public warehouse may, without surren­ § 1394.5353, or paragraph (b) of dering certificates or coffee stamps and § 1394.5354, whichever is applicable. Consumers irrespective of any restriction on the ac­ General Provisions With Respect to § 1407.970 Individuals not possessing quisition of green coffee imposed by Ra­ war ration books, (a) Any individual Issuance of Rations tion Order No. 12, receive coffee for who registered as a consumer pursuant storage and deliver such coffee to the per­ § 1394.5462 Same: Coupons for re­ to Rationing Order No. 3 and who either son from whom it received such coffee or demption of credits. I f application is (1) did not obtain a war ration book by to the person to whom the warehouse re­ made on or after November 1, 1942, for virtue of the provisions of Rationing Or­ ceipt or other similar instrument, if any, a ration for a necessary purpose other der No. 3 or (2) surrendered his war issued in connection with such storage, than those specified in § § 1394.5255, ration book thereafter to the board pur­ has been duly transferred. 1394.5260 and 1394.5352, and the appli­ suant to §§ 1407.71, 1407.73, or 1407.74 of * * * * * cant has taken a valid transfer of fuel Rationing Order No. 3, may, upon apply­ Miscellaneous oil for such necessary purpose during ing therefor to the board on or before De­ the period from October 1, 1942, to the cember 15, 1942, receive a war ration § 1407.1084 Acquisition and transfer of date of application, the applicant shall book containing stamps Nos* 17 to 28, roasted coffee by Army, Navy, Marine append to his application a signed state­ inclusive, together with any other stamps Corps, and Coast Guard post exchanges, ment setting forth the amount of fuel to which such individual may be entitled commissaries, ships’ service stores, and oil so transferred to him for such pur­ pursuant to Rationing Order No. 3. officer s’ and men’s clubs— (a) Acquiring pose during such period, the date of each * <( * Jfe roasted coffee for institutional purposes. transfer and the name and address of Army, Navy, Marine Corps, and Coast § 1407.971 Consumers eating regularly Guard post exchanges and ships’ service the transferor. The coupon sheets is­ at same establishment. * * * sued to such applicant as his first ration stores, and officers’ clubs, non-commis­ (c) Notwithstanding the provisions of sioned officers’ clubs, and enlisted men’s after Npvember 1,1942, for such purpose this section, the war ration book shall be clubs maintained within the limits of shall, if such statement is appended to returned to the consumer temporarily for Army, Navy, Marine Corps, or Coast the application, contain coupons (in ad­ use in purchasing any product other than Guard posts, camps, or bases, which use dition to those issued as a ration for t Copies may be obtained from the Office roasted coffee in the preparation of bev­ such purpose from the date of applica­ of Price Administration. erages, shall not register as institutional tion) equal in gallonage value to the * 7 F.R. 9710. users pursuant to § 1407.995, but shall ac- FEDERAL REGISTER, Saturday, December 12, 1942 10381 quire roasted coffee for such purposes, in weighted average delivered price to him the individual seller upon sales of Jthis prod­ such amounts and in accordance with at his warehouse or place of business uct to a purchase of the same class during such arrangements as may be approved during the preceding calendar month”, March, 1942. All discounts, allowances, and trade practices in effect with respect to sales by the Office of Price Administration, (b) Effective dates. * * * of this product by the individual sellers Washington, D. C., either from the Army, (62) * * * thereof during March, 1942, are required to Navy, Marine Corps, or Coast Guard com­ (i) Correction (§ 1499.73 (a) (44)) of remain in effect. missaries or supply activities, without the Amendment No. 61 to Supplementary surrender of certificates, or from civilian Regulation No. 14 of the General Maxi­ (e) All prayers of the applicant not suppliers upon the surrender to such sup­ mum Price Regulation shall become ef­ granted herein are denied. pliers of certificates obtained from the fective as of November 12, 1942. (f) This Order No. 128 may be re­ Army, Navy, Marine Corps,- or Coast voked or amended by the Price Admin­ (Pub. Laws 421 and 729, 77th Cong.; E.O. Guard. istrator at any time. * * * * * 9250, 7 F.R. 7871). (g ) This Order No. 128 (§ 1499.1029) § 1407.1084a Issuance of certificates to Issued this 10th day of December 1942. is hereby incorporated as a section of Supplementary Regulation No. 14, which investigatory agencies, (à) Any investi­ L eo n H enderso n, gatory or enforcement agency of a state Administrator. contains modifications of maximum or local government which requires prices established by § 1499.2* [F. R. Doc. 42-13136; Filed, December 10,1942; (h ) This Order No. 128 (§ 1499.1029) transfers of roasted coffee for the per­ 4:24 p. m.] formance of its functions shall, upon re­ shall become effective December 11,1942. quest therefor, receive from the board lo­ (Pub. Laws 421 and 729, 77th Cong.; E.O. cated in the area in which the agency is 9250, 7 F.R.. 7871) situated, certificates in the amounts P art 1499— C o m m o d ities and S ervices Issued this 10th day of December 1942. desired. [A mendment 63 to Supp. Reg. 14 to GMPR] (b) Any investigatory or enforcement L e o n H enderso n, agency of the United States which re­ FLUID MILK AND CREAM Administrator. quires transfers of roasted coffee for the Correction [F. R. Doc. 42-13135; Filed, December 10,1942; performance of its functions shall, upon The reference in § 1499.73 (a) (1) (v) 4:24 p. m.] request therefor, receive from the D i­ (Z) appearing on page 9496 in the issue rector of the Food Rationing Division of of Thursday, November 19, 1942, to U. S. the Office of Price Administration or from Highway No. 31 should read “U. S. High­ P art 1499— C o m m o d itie s a n d S ervices such other person as m ay be designated way No. 51”. by hint; certificates in the amounts de­ [Order 177 Under § 1439.8 (b ) of GMPR] sired. METALS RESERVE COMPANY (c> Roasted coffee acquired by any investigatory or enforcement agency pur­ P art 1499— C o m m o d itie s and S ervices For the reasons set forth in an opinion suant to this section, may be transferred [Order 128 Under § 1499.18 (b) of GMPR] issued simultaneously herewith, It is by it to any federal, state, or local insti­ ordered: THREE STAR MEDICINE CO. tution, which shall acknowledge receipt § 1499.1193 Authorization of maxi­ of such roasted coffee and the amount For reasons set forth in an opinion mum prices for sates of South African thereof to the laoard which issued the issued simultaneously herewith, It is crystal corundum ore to the American certificate or, if the certificate was issued ordered: Abrasive Company by the Metals Reserve by the Director of the Food Rationing § 1499.1029 Adjustment of maximum Company, (a) The Metals Reserve Division o f the Office of Price Adminis­ ;prices for sales of “Three Star Stomachic Company may sell and deliver and agree, tration or a person designated by him, Drops”, (a) The maximum price for offer, solicit and attempt to sell and de­ to said Director. sales to consumers of the four ounce size liver South African crystal corundum Effective Date of “Three Star Stomachic Drops”, a ore to the American Abrasive Company, Westfield, Massachusetts, at a maximum .§ 1407.1090a Effective dates of amend­ product manufactured by the Three Star Medicine Company, 4800 South Loomis price of $88.10 per short ton, delivered ments. (a) Amendment No. 1 (§§ 1407.- at the purchaser’s plant at Westfield, 970 (a); 1407.971 Cc) ; 1407.975; 1407.991 Street, Chicago, Illinois, shall be $0.75 each. Massachusetts. (d) (3); 1407.995 Cd) (5) ; 1407.1053 (b) ; (b) This Order No. 177 may be re­ 1407.1084 (a); 1407.10&4a; 1407.1090a) (b) The maximum price for sales to persons other than consumers of the four voked or amended at any time by the to Ration Order No. 12, shall become ef­ Price Administrator. fective December 16, 1942. "ounce size of “Three Star Stomachic Drops”, a product manufactured by the (c) This Order No. 177 (§ 1499.1193) (Pub. Law 671, 76th Cong., as amended by Three Star Medicine Company, 4800 shall become effective December 10,1942. Pub. Laws 89, 507, 421, and 729, 77th South Loomis Street, Chicago, Illinois, (Pub. Laws 421 and 729, 77th Cong.; EXX. Cong.; W.P.B. Dir. No. 1, Supp. Dir. No. shall be the maximum price stated under 9250, 7 F.R. 7871) 1-R) paragraph (a) above for sales to con­ Issued this 10th day of December 1942. Issued this 10th day of December 1942. sumers, less the same percentage dis­ count that seller gave upon such sales L e o n H enderson, L eo n H enderson, to a purchaser of the same class during Administrator. Administrator. March, 1942. [F. R. Doc. 42-13134; Filed, December 10, 1942; IF. R.Doc. 42-18137: Filed, December 10, 1942; (c) All discounts, allowances, and 4:20 p. m.] 4:24 p. m.] trade practices in effect with respect to sales of this product by the individual sellers thereof during March, 1942, shall P art 1499— C o m m o d ities and S ervices P art 1364— F resh , C ured and C anned remain in effect under this Order No, 128. M eat and F ish [Correction of Amendment 611 to Supp. Reg. (d) At the time of the first delivery 14 of GMPR] of “Three Star Stomachic Drops” to each [Revised MPR 169 *] OIL CAKES AND OIL MEALS * purchaser by each seller who determines BEEF AND VEAL CARCASSES AND WHOLESALE his maximum price under this Order No. CUTS The second sentence of § 1499.73 (a) 128, such seller shall furnish such pur­ (44) (v) (b) which reads “For each chaser with a notice reading as follows: The title and preamble are amended, month preceding November 1942, his cost effective December 16, 1942, §§ 1364.51 shall be the weighted average delivered The Office of Price Administration has through 1364.67 are revoked, and price to him at his warehouse or place of permitted the maximum price for sales of “Three Star Stomachic Drops” to consumers §§ 1364,401 to 1364.414, §§ 1364.451 to business during the preceding calendar to be raised from 65 cents to 75 cents for the 1364.455, §§ 1364.476 to 1364.477, .and month” is corrected to read as follows: four ounce size. The ■ laximum p ice for §§ 1364.526 to 1364.530 are added to read “For each succeeding month after No­ sales of this product in this size to persons as set forth herein: vember 1942, his cost shall be the other than consumers has been adjusted to the maximum price of 75 cents stated above, »7 F.R. 4653, 5222, 5426, 5868, 6659, 7314, 1 7 FJR. 9391. less the same percentage discount given by 7779, 7966, 8948. 10382 FEDERAL REGISTER, Saturday, December 12, 1942

Revised Maximum Price Regulation Sec. § 1364.476; and no person shall agree, No. 169—Beef and Veal Carcasses and 1364.407 Records and reports. offer, solicit or attempt to do any of the Wholesale Cuts. 1364.408 Enforcement. foregoing. “ Person,” “ veal carcass,” In the judgment of the Price Adminis­ 1364.409 Licensing. ‘veal wholesale cut,” and “processed prod­ 1364.410 Petitions for amendment. uct” are defined in § 1364.477. trator, it is necessary and proper, in order 1364.411 Duty to maintain and identify to effectuate the purposes of the Emer­ grades. (c) Maximum prices for slaughtering gency Price Control Act of 1942, as 1364.412 Applicability of General Maximum services. Any person who slaughters cat­ amended, and Executive Order No. 9250 Price Regulation. tle or calves as a service for the purchaser issued by the President on October 3, 1364.413 Revocation of orders issued under of such cattle or calves shall remit to 1942, to maintain as the maximum prices Maximum Price Regulation No. such purchaser an amount sufficient to for vgal carcasses and wholesale cuts and 169. make the cost of the dressed beef or veal processed products the prices prevailing 1364.414 Effective date. carcass, or of the wholesale cuts derived with respect thereto during the period SUBPART B— PROVISIONS AFFECTING BEEF therefrom, to such purchaser equal to or March 16, to March 28, 1942, inclusive, less than the costs which would be in­ 1364.451 Maximum prices for beef carcasses and to establish for beef carcasses and and wholesale cuts. - curred by the purchaser if he purchased wholesale cuts specific prices slightly 1364.452 Schedule X: Price zones and ap­ the carcass or cuts from the slaughterer higher-than those prevailing during such plicable zone prices. at the slaughterer’s maximum prices period. These prices are established as 1364.453 Schedule II: Amounts which must therefor: Provided, That this require­ provided in §§ 1364.451, 1364.452, and be deducted from zone prices ment shall not apply'' in cases where the T364.476. The Price Administrator has listed in Schedule I. purchaser does not acquire the carcasses ascertained and given due consideration 1364.454 Schedule III: Amounts which may or cuts for resale in any form. to the prices of beef and veal carcasses be added to zone prices listed in I f the slaughterer sold no veal carcass Schedule I. and wholesale cuts prevailing between 1364.455 Definitions applicable to beef. . or cuts of the relative grade during the October 1 and October 15, 1941, and has base period, March 16 to 28, 1942, inclu­ made adjustments for such relevant fac­ SUBPART C---PROVISIONS AFFECTING VEAL AND sive, his maximum prices within the tors as he has determined and deemed PROCESSED PRODUCTS meaning of this paragraph for carcasses to be of general applicability. So far 1364.476 Maximum prices for veal carcasses, or wholesale cuts of such grade shall be as practicable, the Price Administrator veal wholesale cuts, and proc­ the maximum prices of the most nearly has advised and consulted with repre­ essed products. competitive seller who sold veal carcasses sentative members of the industry which 1364.477 Definitions applicable to veal car­ or wholesale cuts of such grade during will be affected by this regulation. casses, veal wholesale cuts, and the base period. processed products. In the judgment of the Price Adminis­ To enable the slaughterer to determine trator the maximum prices established SUBPART D— APPENDICES the amount to be remitted to the pur­ by this regulation are and will be gen­ 1364.526 Appendix A: Formula for meat chaser it shall be the duty of such pur­ erally fair and equitable and will effectu­ marking fluid. chaser to advise the slaughterer of the ate the purposes of said Act and Execu­ 1364.527 Appendix B: Rules and regulations amount paid for the cattle or calves tive Order. A statement of the con­ of the Secretary of Agriculture slaughtered. governing the grading and cer­ siderations involved in the issuance of § 1364.402 Exempt sales. The pro­ this regulation has been issued simul­ tification of meats for class, qual­ ity (grade) and condition. visions of this Revised Maximum Price taneously herewith and has been filed 1364.528 Appendix C: Specifications for Regulation No. 169 shall not apply with the Division of the Federal grades of carcass beef. (a) To sales at retail: (1) as defined in Register.* 1364.529 Appendix D: Specifications for § 1364.455 with respect to sales of beef; The maximum prices established here­ grades of veal carcasses. and (2) as defined in § 1364.477 with re­ in are not below prices which will re­ 1364.530 Appendix E: Meat cutting charts. spect to sales of veal and processed prod­ flect to producers of the agricultural SUBPART A— GENERAL PROVISIONS ucts; commodities from which beef and veal (b) To deliveries of beef made to any § 1864.401. Prohibition against selling carcasses and wholesale cuts and proc­ political subdivision or agency of any beef and veal carcasses and wholesale essed products are produced a price for state or of the United States, under con­ cuts, and processed products at prices their products equal to the highest of tracts entered into prior to December 10, above the maximum— (a) Beef carcasses the prices required by the provisions of 1942; Provided, That this exemption shall and wholesale cuts. On and after De­ the Emergency Price Control Act of 1942, not be construed to permit the upward cember 16, 1942, regardless of any con­ as amended, and by the Executive Order revision of any prices fixed in such con­ tract, agreement, or other obligation no of October 3, 1942. tracts; person shall sell or deliver any beef car­ Therefore, under the authority vested (c) To sales outside of the forty-eight cass or beef wholesale cut, and no person in the Price Administrator by the Emer­ states of the United States and the Dis­ shall buy or receive any beef carcass gency Price Control Act of 1942, as trict of Columbia. amended, and Executive Order No. 9250 or beef wholesale cut at a price higher and in accordance with Revised Proce­ than the maximum price permitted by § 1364.403 Export sales. The maxi­ dural Regulation No. 1,* issued by the § 1364.451; and no person shall agree, mum price at which a person may export Office of Price Administration, Revised offer, solicit or attempt to do any of the any beef carcass or wholesale cut, veal Maximum Price Regulation No. 169 is foregoing. The provisions of this Re­ carcass or wholesale cut, processed prod­ hereby issued. vised Maximum Price Regulation No. 169 uct, or other meat item subject to this shall not be applicable to sales or de­ Revised Regulation shall be determined A u t h o r i t y : §§ 1364.401 to 1364.414, inclu­ liveries of beef carcasses or beef whole­ in accordance with the provisions of the sive, §§ 1364.451 to 1364.455, inclusive, sale cuts to a purchaser, if, prior to De­ §§ 1364.476 to 1364.477, inclusive, and Revised Maximum Export Price Regula­ §§ 1364.526 to 1364.530, inclusive, issued un­ cember 10, 1942, such beef carcasses or tion® issued by the Office of Price Ad­ der Pub. Laws 421 and 729, 77th Cong.; E.O. beef wholesale cuts have been received ministration. by a carrier other than a carrier owned 9250, 7 F.R. 7871. § 1364.404 Less than maximum or controlled by the seller, for shipment SUBPART A--- GENERAL PROVISIONS prices. Lower prices than those estab­ to such purchaser. ‘‘Person,” “beef car­ Sec. lished in §§ 1364.451, 1364.452, and cass,” and “ beef wholesale cut” are de­ 1364.401 Prohibition against selling beef and 1364.476 may be charged, demanded, paid fined in § 1364.455. veal carcasses, wholesale cuts and or offered. processed products at prices (b) Veal carcasses and wholesale cuts above the maximum. and processed products. On and after § 1364.405. _ Conditional agreements. 1364.402 Exempt sales. December 16,1942, regardless of any con­ No seller subject to this Revised Maxi­ 1364.403 Export sales. tract, agreement, or other obligation no mum Price Regulation No. 169 shall enter 1364.404 Less than maximum prices. person shall sell or deliver any veal car­ into an agreement permitting or provid­ 1364.405 Conditional agreements. 1364.406 Evasion. cass, veal wholesale cut or processed ing for the adjustment of the prices of m • • product, and no person shall buy or re­ beef carcasses or wholesale cuts, veal car­ ♦Copies may be obtained from the Office of ceive any veal carcass, veal wholesale casses or wholesale cuts, processed prod- Price Administration. cut or processed product at a price higher * 7 P.R. 8961. than the maximum price permitted by * 7 F.R. 5059, 7242, 8829, 9000. FEDERAL REGISTER, Saturday, December 12, 1942 10383

ucts or other meat items subject to this vised Maximum Price Regulation No. the month for each grade of each such Revised Regulation to prices which may 169. item; and the total inventory in pounds be higher than the maximum prices pro­ § 1364.407 Records and reports, (a) at the end of each month for each grade vided by §§ 1364.451,1364.452, or 1364.476, Not later than December 16, 1942, every of each such item; (ii) the total sales in the event this Revised Maximum Price person making sales subject to § 1364.476 in pounds during the month of each Regulation No. 169 is amended, or is de­ of this Revised Maximum Price Regula­ grade of beef carcass, beef wholesale cut, fabricated beef cut, beef offal item, and termined by a court to be invalid, or upon tion No. 169 shall keep for examination beef byproduct (bones, fat, tallow, by any purchaser during ordinary busi­ any other contingency; Provided, That if waste, etc.), showing separately the sales a petition for amendment has been duly ness hours, a statement showing and enumerating separately the maximum in pounds of each grade of each item filed, and such petition -requires exten­ made to purveyors of meals, war pro­ sive consideration, and the Administra­ selling prices of each grade of veal car­ cass, veal wholesale cut and processed curement agencies and other govern­ tor determines that the public interest ment agencies and the sales in pounds would be served, the Administrator may product for (1) carload lots, (2) car- routes, and (3) sales other than in car­ made to other buyers; (iii) the total grant an exception from the provisions sales realization for each item separately of this section permitting the making load lots and via car-routes. (b) Every person making a sale of any enumerated in (ii) hereof and the aver­ of contracts adjustable upon thè grant­ age selling price therefor, (all sales of ing of the petition for amendment. Re­ beef carcass, beef wholesale cut, veal car­ cass, or veal wholesale cut, processed kosher meat shall be shown separately). quest for such an exception may be in­ (2) Not later than December 28, 1942, cluded in the aforesaid petition. -* product, or other meat item subject to this revised regulation, on or after De­ every person making sales to purveyors § 1364.406 Evasion, (a) The price cember 16, 1942, in the course of trade of meals, war procurement agencies, or limitations set forth hi this Revised or business or otherwise dealing there­ other government agencies pursuant to Regulation shall not be evaded, either by in, shall make ahd preserve complete and the provisions of paragraph (o) of direct or indirect methods, in connection accurate records of each such sale, show­ § 1364.452, shall file with the Office of with an offer, solicitation, agreement, ing the date thereof, the name and ad­ Price Administration at Washington, sale, delivery, purchase or receipt of, or dress of the buyer and seller, the quan­ D. C. a statement of the applicable zone relating to beef, veal, or processed prod­ tity, grade or grades and weight of all price for each grade of each fabricated ucts separately or in conjunction with beef carcasses, beef wholesale cuts, veal beef cut determined in accordance with subparagraph (2) thereof. any other commodity or services, or by carcasses, veal wholesale cuts, processed way of any commission, service, trans­ products or other meat items subject to § 1364.408 Enforcement, (a) Persons portation, wrapping, packaging or other this revised regulation sold, and the violating any provisions of this Revised charge, or discount premium or other price charged or received therefor. Maximum Price Regulation No. 169 are privilege, or by tying agreement or other (c) Persons affected by this Revised subject to the criminal penalties, civil trade understanding, or by changing the Maximum Price Regulation No. 169 shall enforcement actions, proceedings for selection of, grading, or the style of submit such other reports to the Office suspension of licenses, and suits for dressing, cutting, trimming, cooking or of Price Administration as it may from treble damages provided for by the otherwise processing or the canning, time to time require. Emergency Price Control Act of 1942, wrapping or packaging of beef, veal or (d) Not later than December 28, 1942, as amended: Provided, That no war pro­ processed products, or otherwise. every person who slaughters cattle or curement agency, or any contracting or (b) Specifically, but not exclusively, calves and whose slaughter plant or paying finance officer thereof, shall be the following practices are prohibited: plants are located in Massachusetts, subject to any liability, civil or criminal, (1) Unnecessarily routing beef Rhode Island, Connecticut, New Jersey, imposed by this Revised Maximum Price through any distribution point in order or any of the following counties of New Regulation No. 169 or the Emergency to obtain a higher zone price or for the York: Rensselaer, Albany, Schoharie, Price Control Act of 1942, as amended. purpose of making a higher transporta­ Otsego, Delaware, Greene, Columbia, (b) Persons who have evidence of any tion or local delivery charge. Dutchess, Ulster, Sullivan, Orange, Rock­ violation of this Revised Maximum Price (2) Falsely or incorrectly grading or land, Putnam, Westchester, Richmond, Regulation No. 169 or any price schedule, invoicing beef, veal, or processed prod­ Bronx, New York, Kings,. Queens, Nas­ regulation or order issued by the Office ucts. sau, or Suffolk, or any of the following of Price Administration, or any acts or (3) Selling or invoicing kosher beef, counties of Pennsylvania: Chester, Del­ practices which constitute such a viola­ kosher veal, or kosher processed products aware, Montgomery, Bucks, Berks, tion are urged to communicate with the to purchasers who are not bona fide buy- Schuylkill, Northampton, Lehigh, Car­ nearest district, state, or regional office ers of kosher meat. , bon, Monroe, Luzerne, Pike, Wyoming, of the Office of Price Administration, or (4) Selling or invoicing beef at the Wayne, Lackawanna or Susquehanna, its principal office in Washington, D. C. prices established for sales by hotel sup­ shall file with the Office of Price Ad­ ply houses to buyers other than bona ministration at Washington, D. C., a true § 1364.409 Licensing— (a) Applicabil­ fide purveyors of meals, war procurement copy of the abattoir stamp used in each ity of Supplementary Order No. 14. The agencies, or other government agencies. slaughter plant, and shall identify each provisions of Supplementary Order No. (5) Offering, selling or delivering beef, abattoir stamp by indicating alongside 14 (§ 1305.18 Licensing sellers of meat veal or any processed product on condi­ thereof the name and business address and meat products) are applicable to tion that the purchaser is required to of the slaughter plant at which each every seller subject to this Revised Max­ purchase some other commodity. such abattoir stamp is used. imum Price Regulation No. 169 now or (6) Making or receiving a charge for (e) (1) Every person making sales to hereafter selling any beef carcass, beef delivery on the basis of a route different purveyors of meals, war procurement wholesale cut, veal carcass, veal whole­ from that actually followed and in excess agencies, or other government agencies sale cut, processed product, or other meat of that permitted for the route by which pursuant to the provisions of paragraph item for which maximum prices are beef was actually delivered. (o) of § 1364.452 shall keep for inspec­ established by this Revised Maximum (7) Selling or transferring title to cat­ tion by the Office of Price Administra­ Price Regulation No. 169. For the pur­ tle or calves by a purchaser thereof at a tion for so long as the Emergency Price poses of this § 1364.409, the term “seller” lower price than was paid for such cattle Control Act of 1942, as amended, is in shall have the meaning given it by Sup­ or calves and/or repurchasing, purchas­ effect, a complete and accurate record plementary Order No. 14. ing or receiving title to dressed carcasses in schedule form for each calendar § 1364.410 Petitions for amendment. or wholesale cuts derived from such month commencing with January 1943, Any person seeking an amendment of cattle or calves after the cattle or calves showing separately: (i) the total inven­ have been slaughtered by a custom tory in pounds at the beginning of each any provision of this Revised Maximum slaughterer. month of each grade of each beef carcass, Price Regulation No. 169 may file a peti­ (8) Charging, billing, or receiving any beef wholesale cut, fabricated beef cut, tion for amendment in accordance with consideration for or in connection with beef offal item and beef byproduct the provisions of Revised Procedural any service for which a'specific allow­ (bones, fat, tallow, waste, etc.); the total Regulation No. 1, as amended, issued by ance has not been provided in this R e­ additions to inventory in pounds during the Office of Price Administration. 10384 FEDERAL REGISTER, Saturday, December 12, 1942

§ 1364.411 Duty to maintain *and (b) Duty to determine maximum The grade letter shall be at least y2 identify grades. No person shall sell or prices on the basis of uniform grades. inch in height and width. Carcasses offer for sale, and no person in the course The word “ grade” as used in §§ 1364.451, graded as canners and cutters or culls of trade or business shall buy or receive 1364.452, and 1364.476 and in paragraph need not be stamped. In stamping any any beef carcass ór wholesale cut or veal (c) of this section, means any uniform beef or veal carcass determined by an carcass or wholesale cut, unless each such grade referred to in paragraph (a) of official grader pf the United States De­ carcass or wholesale cut has been iden­ this section, and shall not be construed partment of Agriculture to conform to tified by grade in accordance with the to mean the private grade of an individ­ the grade standards contained in this provisions of this section. No custom Revised Maximum Price Regulation No. ual seller. slaughterer shall ship or deliver any beef Irrespective of the private grading sys­ 169,- such official grader may use the carcass or wholesale cut, or veal carcass tem heretofore used by the seller, it shall grade designations U. S. choice or choice, or wholesale cut unless each such car­ be the duty of the seller: U.*S. good or good, U. S. commercial or cass or wholesale cut has been identified (1) Except as provided in paragraph commercial, or U. S. utility or utility, by grade in accordance with the provi­ (c) (3), to have classified into the uni­ whichever is appropriate, in lieu of the sions of this section. Each person shall form grades provided for in paragraph grade letters established in this sub- maintain uniform grades, as specified in (a) of this section by an official grader paragraph. paragraph (a) of this section; shall de­ of the United States Department of Agri­ (3) No person shall sell, offer to sell, termine his maximum prices upon the culture, the beef carcasses and beef deliver or break any beef carcass irre­ basis of such uniform grades rather than wholesale cuts of cattle slaughtered by spective of grade or any veal carcass of upon the basis of his own grades, as pro­ the seller or sold by the seller, and then the grade choice, unless such carcass has vided in paragraph (b) of this section; to determine the maximum price for been examined and graded by an official and shall have his products identified by each such grade óf beef carcass and beef grader of the United States Department grade désinflations, as provided by para­ wholesale cut by reference to § 1364.451; of Agriculture in accordance with the “Rules and Regulations of the Secretary graph (c) of this section, j and (a) Uniform grades. Cl) Beef car­ (2) To classify into the uniform grades of Agriculture Governing the Grading casses and wholesale cuts derived from provided for in paragraph (a) of this and Certification of Meats, etc.” 6 as steers, heifers and cows shall be graded section the veal carcasses and veal modified to the extent set forth in Ap­ into the following uniform grades; wholesale cuts slaughtered or sold by him pendix B hereof, and thus incorporated choice, good, commercial, utility, and by reference to the grading standards herein as § 1364.527, and unless a stamp cutter and canner; except, that no cow provided for in said paragraph (a), and has been placed upon such carcass by carcass or wholesale cut shall be graded then to determine his maximum prices such official grader in the manner set choice. Beef carcasses and wholesale for each such grade of veal carcass and forth in paragraph (c) (1) of this sec­ cuts derived from bulls and stags shall be veal wholesale cut by reference to tion: Provided, That in any instance where any person is unable to procure graded in the same manner, except that § 1364.476. no bull carcass or wholesale cut shall be (c) Duty to identify products by grade the services of an official grader within graded choice or good, and no stag car­ marks. (1) No person shall sell, offer 24 hours after such person has made an cass or wholesale cut shall be graded to sell, deliver or break any beef or veal application for grading, pursuant to sec­ choice. In determining the grade of each carcass unless a stamp has been placed tion 3 of Regulation No. 4 (Grading Serv­ beef carcass or beef wholesale cut, the thereon with harmless marking fluid ice) contained in § 1364.527 hereof, then “Specifications for Official United States conforming to the formula for violet the provisions of this subparagraph shall Standards for Grades of Carcass Beef” *, branding fluid approved by the United not apply for so long a period as the set forth in Appendix C hereof, and in­ States Department of Agriculture, Bu­ Agricultural Marketing Administration corporated herein as § 1364.528, shall be reau of Animal Industry, set forth in Ap­ of the United States Department of Ag­ used, except that the specifications pendix A hereof, and incorporated herein riculture certifies in writing that it is therein for the two grades, prime and as § 1364.526, marking the appropriate unable to provide such person with the choice, shall be combined and treated as grade letter, as hereinafter designated, services of an official grader. During a single grade choice, and the specifica­ in such manner as to identify by such such period such beef or veal carcasses tions therein for the two grades, cutter letter the uniform grade of each beef shall be graded by the seller in the man-, and canner, shall be combined and wholesale cut or veal wholesale cut which ner provided in paragraphs (a), (b ), (c) treated as a single grade. may be derived from the carcass, except (1) and (c) (2) of this § 1364.411. (4) Whenever any person having a (2) Veal and calf carcasses and that in the case of a calf or veal carcass wholesale cuts shall be graded into the sold with the skin on, the grade letter financial interest in any beef or veal car­ following uniform grades: choice, good, shall be stamped only on the shanks and cass which has been graded and grade stamped by an official grader pursuant to commercial, utility and culls. In deter­ briskets. The purchaser of a calf or veal mining the grade of each such carcass or paragraph (c) (3) hereof or otherwise, carcass with the skin on shall not sell, wholesale cut the seller shall use the offer to sell or break such carcass after is dissatisfied with the determination of “Specifications for Official United States removal of the skin unless a stamp has such official grader, such person may ap­ Standards for Grades of Veal and Calf been placed thereon, marking the appro­ peal the grading and grade stamping by Carcasses,” 6 set forth in Appendix D priate grade letter, as hereinafter desig­ making an application for appeal grad­ hereof, and incorporated herein as nated, in such manner as to identify by ing in the manner provided in Regula­ § 1364.529, except that the specifications such letter the uniform grade of each tion No. 5 (appeal grading) contained in therein for the two grades, prime and veal wholesale cut which may be derived § 1364.527 hereof, and shall thereafter choice, shall be combined and treated as from such carcass. give immediate notice in writing to the a single grade, choice, the carcasses and The sex identification shall be similar­ wholesale cuts of which shall be graded Office of Price Administration at Wash­ ly stamped on all bull and stag carcasses in the manner hereinafter provided in ington, D. C., of such appeal. and wholesale cuts. The grade and pre­ paragraph (c) (3). (d) Use of other grading and brand­ scribed sex identification of each beef ing systems. Any seller may use a pri­ * Service and Regulatory Announcements carcass and wholesale cut, and veal car­ vate grading and branding system in ad- No. 99, Official United States Standards ior cass and wholesale cut must appear on the Grades of Carcass Beef, United States the seller’s invoice. 6 Service and Regulatory Announcements Department of Agriculture, Agricultural 42) The appropriate grade letter for No. 98 (Revised), Rules and Regulations of Marketing Administration, issued as amended each uniform grade shall be as follows: the Secretary of Agriculture Governing the May, 1942. Grading and Certification of Meats, Prepared Grade: Grade letter 5 Service and Regulatory Announcements Meats, Meat Food Products, and Meat By No. 114, Official United States Standards for Choice______— AA Products for Class, Quality (grade), and Con­ Grades of Veal and Calf Carcasses, United Good ______A dition, United States Department of Agri­ States Department of Agriculture, Agricul­ culture, Agricultural Marketing Administra­ tural Marketing Administration, issued as Commercial______B tion, issued as amended September 26, 1942. amended, October, 1940. U tility______-...... © FEDERAL. REGISTER, Saturday, December 12, 1942 10385

dition to that required by the foregoing shipment to the buyer, who pays the ship­ the provisions of paragraph (k) of this paragraphs of this section: Provided, ping charges directly to the carrier, or section, the Zone 1 price for each grade That he shall identify his private grad­ (b) is delivered to a railroad for ship­ of each class of beef carcass and beef ing and branding system in such manner ment at the carload rate to the buyer who wholesale cut shall be the price specified as to distinguish it from the official grade pays the shipping charges directly to the therefor in paragraph (d) hereof (the stamp as required by paragraph (c) of carrier. applicable zone (4) price) plus $1.75 this section. (iv> In the case of a less than carload per cwt. § 1364.412 Applicability of General rail shipment, other than an express (b) Zone 2. (1) Zone 2 includes the Maximum Price Regulation \ The pro­ shipment to a purveyor of meals, the ap­ following area': visions of this Revised Maximum Price plicable zone price shall be the price for Idaho, Montana, Wyoming, Utah, and Regulation No. 169 supersede the provi­ the zone in which is located the rail un­ Arizona. sions of the General Maximum Price loading station nearest to the buyer’s (2) Regulation with respect to sales and de­ place of business. Bepf carcass and beef wholesale Subject liveries for which maximum prices are (v) On sales to purveyors of meals the cut prices applicable in Zone 2. established by this revised regulation. distribution point may be, in addition to to the provisions of paragraph (k) of those listed, the point at which meat con­ this section, the Zone 2 price for each § 1364.413 Revocation of orders is­ grade of each class of beef carcass and sued under Maximum Price Regulation signed to the buyer is delivered to a rail­ way express company for shipment by beef wholesale cut shall be the price No. 169. The order issued in the matter specified therefor in paragraph (d) of Meyer Kornblum Packing Company express to the buyer who pays the ship­ ping charges directly to the carrier. hereof (the applicable Zone (4) price) (Docket No. 3169-8; July 27, 1942) and plus $1.00 per cwt. orders numbered 2, 3, 4, 5, 9, 10, 13, 15, (4) Except as permitted in paragraph (c) Zone 3. (1) Zone 3 includes the 16, and 17 under Maximum Price Regu­ (l>, (m), (n),' or (0) of Schedule I following area: ; lation No. 169 are hereby revoked. (§ 1364.452), regardless of”any contract, agreement oj; other obligation, no person Colorado and New Mexico. 1364.414 Effective date. • Revised § shall sell or deliver any beef or any part Maximum Price Regulation No. 169 (2) Beef carcass and beef wholesale or portion of any beef carcass and no per­ (§§ 1364.401 to 1364.414, inclusive; cut prices applicable in Zone 3. Sub­ son in the course of trade or business §§ 1364.451 to 1364.455, inclusive; ject to the provisions of paragraph (k) shall buy or receive any beef or any part §§ 1364.476 to 1364.477, inclusive; of this section, the Zone 3 price fo f each or portion any beef carcass unless such and §§ 1364.526 to 1364.530, inclusive) of grade of each class of beef carcass and beef or part or portion is a beef carcass shall become effective December 16,1942, beef wholesale cut shall be the price or a beef wholesale cut as defined in except that it shall become effective De­ specified therefor in paragraph (d) § 1364.455, for which applicable prices cember 10,1942 as to sales to a war pro­ hereof (the applicable Zone 4 price). have been established. curement agency. (d) Zone 4. (1) Zone 4 includes the (b) Maximum price. The maximum following area: SUBPART B— PROVISIONS AFFECTING BEEF price for each grade of each beef carcass § 1364.451 Maximum prices for beef or beef wholesale cut shall be the applica­ North Dakota, South Dakota, Minnesota, ble zone price determined in accordance Nebraska, Kansas, Oklahoma, and Texas. carcasses and wholesale cuts. Subject to All that portion of Wisconsin west of and the pricing instructions contained in with the provisions of paragraph (a) of including the counties of Iron, Price, Tay­ paragraph (a ), the maximum price of this § 1364.451 and specified in Schedule 1 lor, Clark, Jackson, Monroe, Vernon, and each grade of each beef carcass or whole­ (incorporated herein as § 1364.452), Crawford. sale cut shall be the maximum price de­ minus the required deductions, if any, Iowa except the counties of Dubuque, termined as provided in paragraph (b ). specified in Schedule II (incorporated Jackson, Clinton, Scott, Muscatine, Louisa, (a) Pricing instructions. (1) When­ herein as § 1364.453), plus the permitted Dee Moines, and Lee. ever ^used in this Revised Maximum additions, if any, specified in Schedule I I I AH that portion of Missouri west of -and (incorporated herein as § 1364.454). including the counties of Scotland, Knox, Price Regulation No. 169, the term “ lower Shelby, Monroe, Audrain, Montgomery, War­ price zone” means a price zone having a § 1364.452 Schedule I : Beef price zones ren, Franklin, Washington, Saint Francois, lower zone price, and the term “ higher and applicable zone prices— (a) Zone 1. Madison, Wayne, and Butler.' price zone” means a price zone having a (1) Zone 1 includes the following area: (2) Beef carcass and beef wholesale higher zone price; the words “lower” Washington, Oregon, California, and Ne­ and “higher” used in the respective terms vada. cut prices applicable tn Zone 4. Subject shall not be construed to refer to the' nu­ to the provisions of paragraph (k) the merical designation of any zone. (2) Beef carcass and beef wholesale cut applicable zone prices for Zone 4 are as (2) Except for the additions permitted prices applicable in Zone 1. Subject to follows: in Schedule I I I hereof, incorporated [All prices are on dollars per hundredweight bases; the price for any fraction of a hundredweight shall be reduced herein as § 1364.454, the zone price shall accordingly] 1 be the delivered price anywhere within ■ j 1 — the .zone to which such price applies. Grade Schedule I (paragraphs (a) to (j), in­ clusive) hereof, incorporated herein as Bologna bulls . § 1364.452, contains a statement describ­ ..(Equiv­ Commer­ Utflity Cutter alent ing the geographical limits of each price Choice Good or and or AA • A cial or B or C cutter zone and the zone prices established canner and therefor. canner (3) The applicable zone price shall be grade) the price specified in Schedule I (§ 1364.452) for the zone in which is lo­ STEEB OB HEIFER cated the seller’s distribution point: (i) Beef carcass or side______$22.00 $21.00 $19.00 $17.00 $14.50 $16.00 (i> At which the buyer takes actual (ii) Hindquarter______25.25 23.75 21.25 18.75 14.50 16.00 (iii) Forequarter______¿1...... 19.00 18.50 17.00 15.50 14.50 16.00 Physical possession of the meat; or (iv) Round...... 1______24.25 22.75 20.25 17.50 (ii) Prom which local delivery to the (v ) Trim m ed full loin______34.75 32.50 . 29.00 25.50 (vi) Flank...... 11.00 11.00 11.00 11.00 buyer’s place of business begins; or (vii) Flank steak______25.00 25.00 25.00 25.00 (iii) Prom which the meat, consigned (viii) Short loin______41.50 38.75 . 35.00 30.50 (ix) Sirloin...... »___ 29.25 27.50 24.25 21.50 to the buyer, (a) is delivered to a com­ (x) Cross cut chuck______18.75 18.375 17.00 15.375 mon carrier, other than a railroad, for (xi) Regular chuck...... 20.75 20.25 18.75 16.75 (xii) Brisket..:':______16.00 16.00 14.00 13.00 7 F.R. 3153, 3330, 3666, 3990, 3991, 4339, (pn) Foreshank______10.00 10.00 10.00 10.00 4487, 4659, 4738,5027, 5276, 5192, 5365, 5445, (xiv) Rib (Kosher or traefer)____ 27.75 26.25 24.00 21. 50 (xv) Short plate______11.50 11.50 10.50 10.50 5565, 5484, 5775, 5784, 5783, 6058, 6081, 6007, (xvi) Back______22.625 21.875 20.25 18.00 6216, 6615, 6794,6939, 7093, 7322, 7454, 7758, (xvij) Triangle______17.375 17.125 15.75 14.50 7913, 8431, 8881,9004, 8942, 9435, 9615, 9616. (xviii) Arm chuck...... 19.25 18.875 17.50 15.75 10386 FEDERAL REGISTER, Saturday, December 12, 1942

The applicable Zone 4 price of each same as the Zone 4 price of the carcass The following counties of Michigan: Alger, or corresponding wholesale cut of steer Delta, Schoolcraft, Luce, Mackinac, Chippewa, cow carcass or wholesale cut of cutter and Berrien. and canner grade or utility grade shall or heifer of the same grade. The appli­ Indiana except the counties of Lake, New­ be the* same as the Zone 4 price of the cable Zone 4 price of each bologna bull ton, Benton, and Warren. carcass or corresponding wholesale cut carcass and wholesale cut, which are All that portion of Illinois east and south of steer or heifer of the same grade; the equivalent to cutter and canner grade of and including the counties of Edgar, Clark, applicable Zone 4 price of each cow car­ are specified above. Cumberland, Jasper, Clay, Marion, Clinton, cass or wholesale cut of commercial The applicable zone price of each beef Washington, and Randolph. The following counties of Missouri: Saint grade or good grade shall be the same as carcassjor beef wholesale cut which does Genevieve, Perry, Bollinger, Cape Girardeau, the Zone 4 price of the carcass or cor­ not bear a grade stamp (required by Stoddard, Scott, New Madrid, Mississippi, responding wholesale cut of steer or paragraph (c) of § 1364.411) when of­ Dunklin, and Pemiscot. heifer of commercial grade. fered for sale, sold or delivered shall be All that portion of Kentucky west and The applicable Zone 4 price* of each north of and including the counties of Car- the price of the lowest-priced carcass or roll, Henry, Shelby, Anderson, Washington, stag carcass or wholesale cut of cutter corresponding wholesale cut. and canner grade, utility grade, com­ Marion, Larue, Hardin, Grayson, Ohio, (3) Kosher beef wholesale cut prices Muhlenberg, and Todd. mercial grade or good grade shall be the The following counties of Tennessee: Lake, same as the Zone 4 price of the carcass applicable in Zone 4. Subject to the pro­ visions of paragraph (k) of this Obion, Weakley, Henry, Stewart, Montgomery, or corresponding wholesale cut of stçer Dyer, Gibson, Crockett, Carroll, Benton, and or heifer of the same grade. § 1364.452 and paragraph (b) of Sched­ Houston. The applicable Zone 4 price of each ule III (§ 1364.454), the applicable zone The state of Arkansas. bull carcass or wholesale cut of utility prices of kosher wholesale cuts for Zone All that portion of Louisiana west of the grade or commercial grade shall be the 4 are as follows : Mississippi River from the northeast point of East Carroll Parish to the northeast point [All prices are on dollars per hundredweight bases; the price for any fraction of a hundredweight shall be reduced the Point Coupee Parish and west of and accordingly] including the parishes of Avoyelles, Saint Landry, Saint Martin, and Iberia.

Grade (2) Beef carcass and beef wholesale cut prices applicable in Zone 6. Subject Bologna to the provisions of paragraph (k) of this bulls section, the Zone 6 price for each grade Cutter (Equiv­ . Choice Good or Commer­ Utility alent of each class of beef carcass and beef or A A A cial or B and or O canner cutter wholesale cut shall be the price specified and canner therefor in paragraph (d) hereof (the grade) applicable Zone 4 price) plus 75 cents per cwt. . STEEK OB HEIFER (g ) Zone 7. (1) Zone 7 includes the (i) Forequarter______-...... $19.40 $18.90 $17.40 $15.90 $14.90 $16.4C following area: (ii) Triangle...... 1...... 17.875 17.625 16.25 15.00 The Lower Peninsula of Michigan except (iii) Cross cut chuck...... 19.25 18.875 17.50 15.875 (iv) Regular chuck...... 21.25 20.75 . 19.25 17.25 Berrien County, but including the islands (v ) Brisket...... ___*...... 16.50 16.50 14.50 13.50 of Michigan lying in Lake Michigan and (vi) Foreshank...... 10.50 10.50 10.50 10.50 Lake Huron. (vii) Short plate...... 12.00 12.00 11.00 11.00 19.75 19.375 18.00 16.25 The State of Ohio. The following counties of New York: Niag­ ara, Erie, Chautauqua, and Cattaraugus. The applicable Zone 4 price of each of the lowest priced corresponding kosher All that portion of Pennsylvania west of kosher cow wholesale cut of cutter and wholesale cut. and including the counties of Warren, For­ (e) Zone 5. (1) Zone 5 includes the est, Clarion, Armstrong, Westmoreland, and canner grade or utility grade shall be Fayette. the same as the Zone 4 price of the corre­ following area: All that portion of West Virginia west of sponding kosher wholesale cut of steer All that portion of Michigan west of and and including the counties of Hancock, or heifer of the same grade; the ap­ including the counties of Marquette and Brooke, Ohio, Marshall, Wetzel, Doddridge, Menominee. Gilmer, Calhoun, Roanei Kanawha, Boone, plicable Zone 4 price of each kosher cow All that portion of Wisconsin east of and Logan, and Mingo. wholesale cut of commercial grade or including the counties of Vilas, Oneida, Lin­ All that portion of Kentucky east of and good grade shall be the same as the Zone coln, Marathon, Wood, Juneau, Sauk, Rich­ including the counties of Boone, Gallatin, 4 price of the corresponding kosher land and Grant. Owen, Franklin, Woodford, Mercer, Boyle, wholesale cut of steer or heifer of com­ The following counties, of Iowa: Dubuque, Casey, Taylor, Green, Hart, Edmonson, Butler, mercial grade. m Jackson, Clinton, Scott, Muscatine, Louisa, and Logan. All that portion of Tennessee west of and The applicable Zone 4 price of each Des Moines, and Lee. All that portion of Illinois north and west including the counties of Campbell, Scott, kosher stag wholesale cut of cutter and of and including the counties of Vermilion, Fentress, Overton, Putnam, White, Warren, canner grade, utility grade, commercial Champaign, Douglas, Coles, Shelby, Effing­ Grundy, and Marion; but excluding the coun­ grade or good grade shall be the same ham, Fayette, Bond, Madison, St. Clair, and ties of Lake, Obion, Weakley, Henry, Stewart, as the Zone 4 price of the corresponding Monroe. Montgomery, Dyer, Gibson, Crockett, Carroll, kosher wholesale cut of steer or heifer of The following counties of Missouri: Clark, Benton, and Houston. the same grade. Lewis, Marion, Ralls, Pike, Lincoln, St. All that portion of Alabama north and west of and including the counties of Jack- The applicable Zone 4 price of each Charles, St. Louis, and Jefferson. The following counties in Indiana: Lake, son, Madison, Morgan, Cullman, Walker, Fay­ kosher bull wholesale cut of utility grade Newton, Benton, and Warren. ette, and Lamar. or commercial grade shall be the same as All that portion of Mississippi north of and the Zone 4 price of the corresponding (2) Beef carcass and beef wholesaleincluding the counties of Lowndes, Oktib­ kosher wholesale cut of steer or heifer of cut prices applicable in Zone 5. Subject beha, Choctaw, Attala, Madison, Yazoo, and the same grade. The applicable Zone 4 to the provisions of paragraph (k) of this Issaquena. 'section, the Zone 5 price for each grade price of each kosher bologna bull fore­ (2) Beef carcass and beef wholesale of each - class of beef carcass and beef quarter, which is equivalent to cutter and cut prices applicable in Zone 7. Subject canner grade, is specified above. wholesale cut shall be the price specified to the provisions of paragraph (k) of The applicable zone price of each therefor in paragraph (d) hereof (the kosher beef wholesale cut which does not applicable Zone 4 price) plus 50 cents this section, the Zone 7 price for each bear a grade stamp (required by para­ per cwt. grade of each class of beef carcass and graph (c) of § 1364.411) when offered for (f) Zone 6.' (1) Zone 6 includes the wholesale cut shall be the price specified sale, sold or delivered shall be the price following area; therefor in paragraph (d) hereof (the \

FEDERAL REGISTER, Saturday, December 12, 1942 10387

applicable Zone 4 price) plus $1.00 per New Jersey and Delaware. (I) (2) of this section; and no person cwt. All that portion of Maryland east and shall agree, offer, solicit or attempt to (h) Zone 8. (1) Zone 8 includes the southeast of and including the counties of do any of the foregoing. following area: Washington, Frederick, Montgomery, Prince Georges, Charles, and Saint Marys. (2) " The maximum delivered price for All that portion of New York west of and The District of Columbia. boneless beef for Army canned meat in including the counties of Oswego, Oneida, each of the following price zones shall Madison, Chenango, and Broome; but ex­ The following counties in West Virginia: Berkeley and Jefferson. be: cluding the counties of Niagara, Erie, Catta­ Zone price per raugus, and Chautauqua. All that portion of Virginia east of and Price zone: cwt. frozen The Allowing counties of Pennsylvania: including the counties of Frederick, Shen­ 1 __ $23.75 McKean, Potter, Elk, Cameron, Clinton, Jef­ andoah, Rockingham, Augusta, Rockbridge, 2 ______23.00 ferson, Clearfield, Center, Indiana, Cambria, Botetourt, Roanoke, Franklin, and Patrick. 3 ______22.00 Blair, Huntingdon, Somerset,: Bedford, and All that portion of North Carolina east and 4 ______22. 00 Pulton. southeast of and including the counties of 5 ______22. 50 All that portion of West Virginia, east of Surry, Yadkin, Iredell, Catawba, Lincoln, and 6 ------22.75 and including the counties of Monongalia, Gaston. 7 ------23. 00 Marton, Harrison, Lewis, Braxton, Clay, Nich­ All that portion of South Carolina east of 8 ______, ______23.25 olas, Payette, Raleigh, Wyoming, and Mc­ and including the counties of York, Chester, 9 23r'$G Dowell; but excluding the .counties of Berke­ Fairfield, Richland, Lexington, Aiken, Barn­ 10 ------23. 75 ley and Jefferson. well, Allendale, Hampton, Jasper, and Beau­ The following counties of Maryland: Gar­ fort. , (3) “Boneless beef for Army canned rett and Allegany. All that portion of Georgia east of and in­ meat” as used in this paragraph (2) All that portion of Virginia west of and cluding the counties of Richmond, Jefferson, means beef derived from the grades and including the counties of Highland, Bath, Emanuel, Treutlen, Wheeler, Tolfair, Coffee, classes and satisfying the specifications Alleghany, Craig, Montgomery, Floyd, and Berrien, Cook, and Brooks. Carroll. and requirements contained in Notice All that portion of Tennessee east of and The following counties of Florida: Jeffer­ No. 22, “Beef for canned meats,” issued including the counties of Claiborne, Union, son, Madison, Taylor, Hamilton, Suwannee, August 8, 1942, by the Chicago Quarter­ Anderson, Morgan, Cumberland, Bledsoe, Van Lafayette, Dixie, Columbia, Gilchrist, • Levy, master Depot of the United States Army. Buren, Sequatchie, and Hamilton. Baker, Nassau, Duval, Union, Bradford, day, Any boneless beef for canned meat All that portion of North Carolina west St. Johns, Alachua, Putnam, Flagler, Marion, which has been rejected by a war pro­ and southwest of and including the counties Volusia, Lake, Sumter, Citrus, Hernando, and'' Pasco. curement agency, or any of its author­ of Alleghany, Wilkes, Alexander, Caldwell, ized agents or representatives shall not Burke, and Cleveland. All that portion of South Carolina west (2) Beef carcass and beef wholesale be sold as boneless beef for Army canned and northwest of and including the counties cut prices applicable in Zone 9. Subject meat. / of Cherokee, Union, Newberry, Saluda, and to the provisions of paragraph (k) of this (4) The miximum delivered price for Edgefield. section, the Zone 9 price for each grade boneless beef which does not qualify as All that portion *of Georgia west and of each class of beef carcass and beef boneless beef for Army canned meat or northwest of and including the counties of wholesale cut shall be the price specified which has been rejected by a war pro­ Columbia, McDuffie, Warren, Glascock, Wash­ therefor in paragraph (d) hereof (the ington, Johnson, Laurens, Dodge, Wilcox, Ben curement agency or any of its author­ Hill, Irwin, Tift, Colquitt, and Thomas. applicable Zone 4 price) plus $1.50 per ized agents or representatives shall be AH that portion of Alabama south of and cwt. 500 per cwt. lower than the applicable including the counties of De Kalb, Marshall, (j) Zone 10. (1) Zone 10 includes the zone price established for boneless beef Blount, Jefferson, Tuscaloosa, and Pickens. following area: for Army canned meat in paragraph (1) All that portion of Mississippi south of (2> of this section, and including the counties of Noxubee, All that portion of Florida south of and in­ Winston, Leake, Scott, Rankin, Hinds, and cluding the counties of Brevard, Seminole, (5) In any case where the seller’s Warren. Orange, Osceola, Polk, Hillsborough, and plant at which the boneless beef for All that portion of Louisiana east of and Pinellas. Army canned meat is boned, is located in including the parishes of West Feliciana, a higher price zone than the canner’s (2) Beef carcass and beef wholesale Point Coupee, Iberville, Assumption, and place of business, or the point of deliv­ cut prices applicable in Zone 10. Sub­ Saint Mary. ery designated by a war procurement ject to the provisions of paragraph (k) All that portion of Florida west of and in­ agency, or any of its authorized agents cluding the counties of Leon and Wakulla. of this section, the Zone 10 price for each or representatives, the price specified in grade of each class of beef carcass and (2) Beef carcass and beef, wholesale paragraph (1) (2) of this section for the beef wholesale cut shall be the price cut prices applicable in Zone 8. Subject zone in which the seller’s boning plant specified therefor in paragraph (d) to the provisions of paragraph (k) of is located shall be the seller’s f . ‘ o. b. this section, the Zone 8 price for each hereof (the applicable Zone 4 price) plus boning plant price. $1.75 per cwt. grade of each class of beef carcass and *(6) In the event boneless beef for beef wholesale cut Shall be the price (k) Applicable zone price of miscuts. Army canned meat is ordered and de­ specified therefor in paragraph (d) For any beef wholesale cut which has livered fresh, chilled or refrigerated, hereof (the applicable Zone 4 price) plus been miscut or for any piece or portion but unfrozen, the seller shall deduct 350 $1.25 per cwt. .. . of beef which has been cut in a manner per cwt. from the applicable zone price (i) Zone 9. (1) Zone 9 includes the not authorized by this Revised Maximum specified in paragraph (1) (2) of this following area: Price Regulation No. 169, the zone price section. used for the determination o f the maxi­ Maine, New Hampshire, Vermont, Massa­ (m ) Frozen boneless beef (Army speci­ mum price shall be the applicable zone chusetts, Connecticut, and Rhode Island. fications). (1) On and after December price of the lowest priced wholesale cut. All that portion of New York east of and 16, 1942, regardless of any contract, including the counties of St. Lawrence, (l) Boneless beef for Army canned agreement, or other obligation, no per­ Jefferson, Lewis and Herkimer, and east nnrj meat. (1) On and after December 10, southeast of and including the counties of son shall sell or deliver frozen boneless Otsego, Delaware, Sullivan, Orange, Rock­ 1942, regardless of any contract* agree­ beef (Army specifications) to any pur­ land, Westchester, New York, Bronx, Kings, ment, or other obligation no person shall chasing agency of a war procurement and Richmond. sell or deliver any boneless beef for Army agency at a price higher than the maxi­ All that portion of Pennsylvania east of canned meat, and no person shall buy mum price permitted therefor in para­ and including the counties of Tioga, Lycom­ or receive any boneless beef for Army graph (m) (2) of this section. ing, Union, Mifflin, Juniata, Perry, and Frank­ canned meat at a price higher than the lin. (2) The maximum f. o. b. boning maximum price permitted in paragraph plant price for frozen boneless beef No. 243------5 10388 FEDERAL REGISTER, Saturday, December 12, 1942

boneless processing beef as such to processors oi kosher houses. (1) Subject to the pricing in­ (Army specifications) in each of the fol­ processed products and no seller shall sell or deliver any lowing price zones shall be: boneless bull forequarter at the price established therefor structions contained in paragraph (a) of or at a price higher than established for non-kosher § 1364.451; the maximum price for each (Carload or less than carload quantities; in dollars per boneless bull meat in column 1 hereof, unless the buyer grade of each fabricated beef cut shall hundredweight) of such kosher boneless bull forequarter is a bona fide processor of kosher processed products. For the sale be the applicable zone price determined of any kosher boneless bull forequarter to a person other in accordance with the provisions of Grade than a bona fide processor of kosher processed products, the price shall be determined by use of the applicable paragraph (o) (2) of this § 1364.452, Price zone zone price established for non-kosher boneless bull meat minus the required deductions, if any, Commer­ in column I, and the seller shall remove all stamps and Good or A specified in Schedule II (§ 1364.453, sub­ cial or B designations which identify the boneless bull meat as kosher. stituting for the purposes of tms para­ Condition i: For kpsher boneless bull forequarters graph (o) the term “fabricated beef cut” 1...... 30.75 28.00 derived from bologna bulls (equivalent of cutter and 2...... 30.00 27.25 canner grade) slaughtered in Massachusetts, Connecti­ whenever the words “wholesale cut” or 3...... 29.00 26.25 cut, Rhode Island, New Jersey or any of the following “ wholesale cuts” are used in said para­ 4...... 29.00 26.25 counties of New York: Rensselaer, Albany, Schoharie, graphs of Schedule I I ) , plus the per­ 6...... 29. 50 26.75 Otsego, Delaware, Greene, Columbia, Dutchess, Ulster, 6...... 29. 75 27.00 Sullivan, Orange, Rockland, Putnam, Westchester, mitted additions, if any, specified in 30.00 27.25 Richmond, Bronx, New York, Kings, Queens, Nassau Schedule III (§ 1364.454, substituting for 8...... 30.25 27.50 or Suffolk and which clearly bear the abattoir stamp at 9...... 30.50 27.75 the time of sale, the seller may charge the price estab­ the purposes of this paragraph (o) the 10...... 30.75 28.00 lished in column III hereof: Provided, That such kosher term “fabricated beef cut” whenever the boneless bull forequarter shall be sold to a bona fide processor of kosher processed products located within a words “ wholesale cut” or “ wholesale radius of 50 miles from the point of slaughter. The cuts” are used in said Schedule I I I ) . (3) “Frozen boneless beef (Army spec­ column III price shall not be charged or received for the ifications)” as used in this paragraph sale of any kosher boneless bull forequarter which does (2) The applicable zone price for each (m ) means beef, frozen and boneless, de­ not bear the abattoir’s stamp clearly legible. grade of each fabricated beef cut sold by C ondition For kosher boneless bull forequarters rived from steers and heifers of the derived from bologna bulls (equivalent of cutter and a hotel supply house to a purveyor of grades good or commercial and satisfy­ canner grade) slaughtered in any of the following counties meals, war procurement agency or other of Pennsylvania: Chester, Delaware, Montgomery, government agency shall be determined ing the specifications and requirements Bucks, Berks. Schuylkill Northampton, Lehigh, Carbon, contained in “ C. Q. D. No. 11 C— Specifi­ Monroe, Luzerne, Pike, Wyoming, Wayne, Lacka­ as follows: wanna or Susquehanna, and which clearly bear the cations for Beef: Boneless, Frozen” , is­ abattoir stamp at the time of sale, the seller may charge (i) the hotel supply house shall fix a sued May 11,1942, by the Chicago Quar­ —the price established in column IV hereof: Provided, price for each such fabricated cut on the **That such kosher boneless bull forequarter shall be sold basis of the relationship which prevailed termaster Depot of the United States to a bona fide processor of kosher processed products Army. Any frozen boneless beef which located within a radius of 50 miles from the point of during the month of November, 1942, be­ has been rejected by the purchasing slaughter. The column IV price shall not be charged tween the price of such fabricated cut or received for the sale of any kosher boneless bull fore­ agency „of a war procurement agency quarter which does not bear the abattoir’s stamp clearly and the prices of the other fabricated shall not be sold as frozen boneless beef legible. cuts derived from the beef wholesale cut (Army specifications). (B) of the same grade. (n ) Boneless processing beef. (1) On [All prices are on dollars per hundredweight basis; the (ii) . In the event that the total gross and after December 16, 1942, regardless price for any fraction of a hundredweight shall be proceeds obtainable through sales at the of any contract, agreement, or other ob­ reduced accordingly] prices so. fixed of all fabricated cuts de­ ligation, no person shall sell or deliver rived from such beef wholesale cut and any boneless processing beef, andmo per­ VI VIIVIIIIX sales at the maximum prices of all bones, son shall buy or receive any boneless fat, waste, trimmings and/or processed

processing beef at a price higher than products obtained in making, such fabri­ the maximum price permitted therefor in cated cuts exceeds 120% of the appli­ paragraph (n) (2) of this section. cable zone price for the beef wholesale (2) The maximum delivered price for Zone cut, the hotel supply house shall adjust each of the following items of boneless downward the prices of such cuts to re­

processing beef shall be: fresh or frozen move the excess. In making such ad­ or or frozen trimmablefat fresh ter and canner in­cluding bull) fresh or frozen trimmablefatfresh frozen or ter and canner in­cluding bull) 10% justments, the seller shall not change the Boneless shank meat Beeftenderloins (cut­ Beef trimmings 25% (A Bonelesschucks (cut­ relationship of such prices as established pursuant to paragraph (o) (2) (i). The [All prices are on a dollars per hundred weight basis; 1...... $36.75 $20.125 $23.125 $21.625 the price for any fraction of a hundred weight shall be 2...... 36.00 19.375 22.375 20.875 price so fixed and adjusted shall be the reduced accordingly’ 3...... 35.00 18.375 21. 375 19.875 applicable zone price for the fabricated 4...... 35.00 18.375 21. 375 19.875 5...... 35.50 18.875 21.875 20.375 beef cut. IIIIV V I 11 6...... 35.75 19.125 22.125 20.625 (3) “Fabricated beef cut” as used in

36.00 19.375 22.375 20.875

7......

8...... 36.25 19.625 22.625 21.125 this paragraph (o) means any part or 9...... 36.50 19.875 22.875 21.375 portion of a beef wholesale cut (i. e. 10...... 36.75 20.125 23.125 21.625 roasts, steaks, stewing meat, etc.) made for a purveyor of meals, which part or Zone (3) “Boneless processing beef” as used portion is obtained by boning or sawing in this paragraph (n) of this § 1364.452 through the bones of the beef wholesale means any beef carcass of cutter and cut sb as to prepare these fabricated cuts canner grade, including any bull carcass for cooking without further cutting or trimming. Beef wholesale cuts which

canner) fresh frozen or of equivalent grade, commonly desig­ canner) N ote:3 canner) N ote:2 forequarter (cutter and forequarter (cutter canner). and N ote:1 canner (other than bulls) Fresh kosher boneless bull Fresh kosher boneless bull Fresh or frozen cutter and Fresh kosher boneless bull* Boneless bull (cutter and forequarter (cutter and have been trimmed and from which at i nated as “bologna bull”, from which the bones have been removed and which has least 25% of the bone has been removed,

1 _. $23. 625 $22.875 $24.375 been trimmed. Boneless processing beef to facilitate cutting into steaks or roasts 2_. 22.875 22.125 23.625 by a purveyor of meals, shall also be con­ 3.. 21.875 21.125 22.625 includes the items, beef tenderloins and 4.. 21.875 21.125 22.625 boneless chucks (regular chucks from sidered fabricated beef cuts. 5.. 22.375 21.625 23.125 which the bones have been removed), de­ 6.. 22.626 21.875 23.375 § 1364.45.3 Schedule I I : Amounts 7.. 22.875 22.125 23.625 rived from boneless carcasses of cutter which must be deducted from zone prices 8.. 23.125 22.375 23.875 and canner grade, including bologna 9.. 23.375 22.625 $25.625 $24.625 24.125 listed in Schedule I. As hereinafter pro­ 10. 23.625 22.87f 24. 375 bulls. Beef trimmings of any grade, vided, the following shall be deducted boneless foreshanks of any grade, and from the applicable zone prices: 1 Price subject to conditions 1 and 2 hereinafter set boneless hindshanks of cutter and canner (a) For beef carcasses and beef whole­ forth. grade are separate items of boneless 2 Price subject to conditions 1 and 3 hereinafter set sale cuts not graded by an official grader. forth. processing beef. For the sale of any beef carcass or beef 8 Prices subject to condition 1 hereinafter set forth. (o) Applicable zone prices for fabri­ wholesale cut other than cutter and C ondition 1: The price established for kosher boneless bull forequarters shall apply only on sales of kosher cated beef cuts sold by hotel supply canner grade, which does not bear the FEDERAL REGISTER, Saturday, December 12, 1942 10389 grade mark and identification of an offi­ hotel supply house (not owned or con­ apply only on sales of kosher beef as cial grader of the United States Depart­ trolled by the shipper or consignor), such to buyers of kosher meat and no ment of Agriculture at the time of sale, or commercial user, or the designated seller shall sell or deliver any kosher the seller shall deduct 12 %0 per cwt. delivery point of a war procurement beef wholesale cut and no buyer shall from the applicable zone price. agency, or other government agency, lo­ buy or receive any kosher beef wholesale (b) Carload discount. For all beef cated more than 25 miles from such ship­ cut at the price established therefor or carcasses and/or beef wholesale cuts, ping point ; or at a price higher than established for and/or other meat items subject to this For local delivery made from the place the corresponding non-kosher wholesale subpart B delivered in a straight or of business of a wholesaler or hotel sup­ cut in § 1364.452 (Schedule I ) , unless the mixed carload shipment or sold as part ply house located in Price Zone 3 or 4 buyer of such wholesale cut is a bona fide of a straight or mixed carload sale, the to the place of business of a seller at buyer of kosher meat. For the sale of seller shall deduct 750 per cwt. from the retail, purveyor of meals, or commercial any kosher beef wholesale cut to a buyer applicable zone price. user, or the designated delivery point of other than a bona fide buyer of kosher (c) Wholesaler’s quantity discount. a war procurement agency, or other gov­ meat the maximum price shall be deter­ For beef carcasses and/or beef wholesale ernment agency, located more than 25 mined by use of the applicable zone price cuts sold to a wholesaler in a straight or miles from such shipping point: the seller established for the corresponding non- mixed less-than-carload sale, the seller may add the actual cost of local delivery kosher wholesale cut, and the seller shall shall deduct 500 per cwt. from the ap­ computed at the lowest common carrier remove all stamps and designations plicable zone price. rate for the method of delivery used, but which identify the wholesale cut as in no event more than 750 per cwt. kosher. Any beef carcass or wholesale § 1364.454 Schedule III: Amounts (5) For local delivery made from a cut which has been derived from cattle which may he added to zone prices listed slaughter plant, packing house, car- slaughtered jn the manner of kosher in Schedule I. Subject to the conditions route unloading point, railroad unload­ slaughter but rejected as non-kosher hereinafter providedr the following may ing station, or branch house, located in shall not be sold, unless all stamps and be added to the applicable zone price: Price Zone 1, 2, 5, 6, 7, 8, 9, or 10, to the designations which identify the carcass (a) For transportation and/or local place of business of a seller at retail, or wholesale cut as kosher have been delivery. (1) For transportation from wholesaler (not owned or controlled by removed. thd point at which the meat was slaugh­ the shipper or consignor), hotel supply (c) For kosher wholesale cuts derived tered in Price Zone 3 or 4 to a distribution house (not owned or controlled by the from cattle slaughtered in a limited area point located in either of those price shipper or consignor), or commercial of Zone 9. (1) For any grade of kosher zones, other than another slaughter, user, or the designated delivery point beef triangle or kosher beef wholesale packing or processing plant owned or of a war procurement agency, or other cut or cuts obtained from the kosher controlled by the same seller, the seller government agency, located more than triangle, except the grades utility and may add the actual cost of transporta­ 25 miles from such shipping point; or cutter and canner, which cuts are de­ tion computed at the lowest common For local delivery made from the place rived from steers or heifers slaughtered carrier rate for the method of transpor­ of business of a wholesaler or hotel sup­ in Massachusetts, Connecticut, Rhode tation used, but in no event more than ply house located in Price Zone 1, 2, 5, Island, New Jersey, or any of the fo l­ 500 per cwt. 6, 7, 8, 9, or 10, to the place of business lowing counties of New York: Rensse­ (2) For transportation from the point of a seller at retail, purveyor of meals or laer, Albany, Schoharie, Otsego, Dela­ at which the meat was slaughtered in commercial user, or the designated de­ ware, Greene, Columbia, Dutchess, U l­ Price Zone 1, 2, 5, 6, 7, 8, 9, or 10 to a livery point of a war procurement agency ster, Sullivan, Orange, Rockland, Put­ distribution point located in the same or other government agency, located nam, Westchester, Richmond, Bronx, price zone as the slaughter point, other more than 25 miles from such shipping New York, Kings, Queens, Nassau, or than another slaughter, packing or point: '■the seller may add the actual Suffolk, and which clearly bear the abat­ processing plant owned or controlled by cost of local delivery computed at the toir stamp at the time of sale, the seller the same -seller, the seller may add the lowest common carrier rate for the may add $1.50 per cwt. to the applica­ actual cost of transportation computed method of delivery used, but in no event ble zone 9 price: Provided, That such at the lowest common carrier rate for more than 500 per cwt. wholesale cut shall be sold to a bona the method of transportation used, but (6) Notwithstanding any of the pro­ fide buyer of kosher meat located within in no event more than 250 per cwt. visions of paragraphs (a) (1) to (a) (5), a radius of )>0 miles ifrom the point of (3) For local delivery made within a inclusive, of this § 1364.454, nothing slaughter. In the case of kosher fore­ radius of 25 miles from a slaughter plant, therein contained shall be construed to quarters derived from steers, heifers or packing house, car-route unloading permit a total charge for transportation bulls slaughtered in the same area and point, railroad unloading station or and/or local delivery from the point at sold under the same conditions the seller branch house, to the place of business of which the meat was slaughtered to the may add $1.20 per cwt. to the applicable a seller at retail, wholesaler {not owned place of business or receiving point of zone 9 price. or controlled by the shipper or consign­ a retail seller, purveyor of meals, war (2) For any grade of kosher beef tri­ or), hotel supply house (not owned or procurement agency, other government angle or kosher beef wholesale cut or controlled by the shipper or consignor), agency or commercial* user of more than cuts obtained from the kosher triangle, or commercial user, or the designated 500 per cwt. in Price Zone f, 2, 5, 6, 7, 8, except the grades utility and cutter and delivery point of a war procurement 9, or 10, or 750 per cwt. in Price Zone 3 or canner, which cuts are derived from agency, or other government agency; or 4. The transportation and local delivery steers or heifers slaughtered in any of For local delivery made (within a radius additions permitted in this paragraph the following counties of Pennsylvania: of 25 miles from the place of business of (a ) are on a hundredweight basis, and Chester, Delaware, Montgomery, Bucks, a wholesaler or hotel supply house, to the the charge for transportation and/or Berks, Schuylkill, Northampton, Lehigh, place of business of a seller at retail, local delivery for any fraction of a hun­ Carbon, Monroe, Luzerne, Pike, Wyo­ purveyor of meals, or commercial user, dred weight shall be reduced accord­ ming, Wayne, Lackawanna, or Susque­ or the designated delivery point of a war ingly. The additions specified in this hanna, and which clearly bear the abat­ procurement agency, or other govern­ paragraph (a) for transportation and/or toir stamp at the time of sale, the seller ment agency: the seller may add 250 local delivery may be charged: Provided, may add $.50 per cwt. to the applicable per cwt. That the seller shall itemize separately zone 9 price: Provided, That such whole­ (4) For local delivery made from a on an invoice to the buyer the amount sale cut shall be sold to a bona fide buyer slaughter plant, packing house, car-route charged the buyer for transportation of kosher meat located within a radius unloading point, railroad unloading sta­ and/or local delivery. of 50 miles from the point of-slaughter. tion or branch house, located in Price (b) For kosher beef wholesale cuts. In the case of kosher forequarters de­ Zone 3 or 4 to the place of business of a The applicable zone price establish«! for rived from steers, heifers or bulls slaugh­ seller at retail, wholesaler (not owned or kosher beef wholesale cuts (which in­ tered in the same area and sold under controlled by the shipper or consignor), cludes the additions permitted) shall the same conditions the seller may add 10390 FEDERAL REGISTER, Saturday, December 12, 1942

401 per cwt. to the applicable zone 9 meat or processed products and/or car­ chuck, brisket, short plate and foreshank price. ' : casses, or any combination of the fore­ all in one piece, which anterior portion (3) The provisions of paragraph (b) going, as a single bulk sale transaction; contains the 1st to the 12th rib, inclusive. of this section governing the sale of and All heart (mediastinal) fat, but no other kosher wholesale cuts shall apply to sales (iii) Any single bulk sale transaction fat, shall be removed from the fore­ quarter. The skirt (diaphrgm) shall not made pursuant to this paragraph (c ). wherein the buyer takes delivery at the be removed from any cut or part of the No addition permitted by this para­ seller’s place of business of 15,000 pounds forequarter to which it is attached. graph (c) shall be added for the sale or more of fresh or frozen wholesale (iii) “Round” means the portion of of any kosher wholesale cut which does meat cuts and/or cured meat cuts, meat the hindquarter remaining after the sev­ not bear the abattoir’s stamp clearly or processed products and/or carcasses, erance of the untrimmed full loin, and legible. No slaughterer shall charge the or any combination of the foregoing. flank from the hindquarter, which por­ addition for kosher beef slaughtered in (3) “Beef” means meat derived from tion shall be obtained as follows: the un­ the limited areas of Price Zone 9 de­ bovine animals, including steers, heifers, trimmed full loin and flank shall be scribed in subparagraphs (1) or (2) here­ ¿cows, bulls or stags, of a dressed carcass severed from the hindquarter by cutting of, until he shall have filed the report weight of 275 pounds or more, skin off. in a straight line perpendicular to the required in paragraph (d) of § 1364.407 (4) “ Car route unloading point” means contour of the outside or skin surface of of this Revised Maximum Price Regula­ any point on a car route at which a stop the hindquarter. The cut shall be made tion No. 169. is made for the purpose of transferring on a straight line formed by apd starting (d) Wholesaler’s and independent meat to the possession of the buyer or to •from that point on the backbone which hotel supply house’s selling addition. On a truck for local delivery to the buyer. is the juncture of the last (5th) sacral sales of any beef carcass or beef whole­ (5) “Distribution point” includes a vertebra and the first (1st) tail sale cut not obtained through custom packing or slaughtering plant, packer’s (caudal) vertebra, and passing through slaughtering, a wholesaler or independ­ branch house, wholesaler’s or jobber’s or that point which just misses the end ent hotel supply house may add 250 hotel supply house’s warehouse, car of the protuberance of the femur bone per cwt. to the applicable zone price. route unloading point, or railroad un­ and exposes the ball of the femur bone, (e) Packaging for war procurement loading station. continuing in the same straight line agencies. On sales of beef carcasses and (6) “Local delivery” means delivery by beyond the second point to complete beef wholesale cuts to a war procure­ the seller otherwise than by rail, com­ the cut. Two tail vertebrae shall be ment agency, the seller may add for mencing at the seller’s distribution point, left on the round. Attached to the tail packaging or wrapping, and freezing, (U. or in the case of car routes, at the car bone of the round shall be the tip or S. Government specifications)______500 unloading point and continuing to the rear corner of the fifth sacral vertebra. per cwt. buyer’s place of business or other point of All cod, udder and pelvic fat remaining (f) Boxing. On sales to a seller at delivery. on the round after its severance from retail, purveyor of meals, war procure­ (7) “Price Zone 1 to 10, inclusive” the full loin and flank shall remain on ment agency, commercial user (not means the geographical areas described the round. wholesaler, branch house, hotel supply in § 1364.452. (iv) “Trimmed full loin” means the house, etc.), war procurement agency, (8) “Beef carcass” means and is lim­ portion of the hindquarter remaining or other government agency, the seller ited to the dressed carcass, side, or sides after the severance of the round, flank, may add 150 per cwt. for packing in of beef, which shall be dressed with the hanging tender (from the open side), boxes. 1st and 2nd tail (caudal) vertebrae, kidney knob and excess loin (lumbar) § 1364.455 Definitions applicable to kidney knob or knobs and hanging tender and pelvic (sacral) fat from the inside beef, (a) When used in this Revised left on. The beef carcass shall not be of the loin, from the hindquarter, and Maximum Price Regulation No. 169 and broken in any other manner than pro­ comprising the short loin and sirloin when applicable to beef, the term: vided in paragraph (a) (9) of this (loin end) in one piece, the back bone of (1) “Person” means any individual, § 1364.455. which portion shall include one and one- corporation, partnership, association or (9) “Beef wholesale cut” means and half (IV2 ) thoracic' vertebrae, six (6) other organized group of persons, or legal is limited to any of the following cuts lumbar vertebrae, and five (5) sacral successor or representative of any of the meeting the following minimum specifi­ vertebrae (the tip or rear corner of the foregoing, and includes the United States cations, derived from the beef carcass, but fifth sacral vertebra shall have been or any agency thereof, or any other gov­ excluding the offal and any item not in­ sawed off in severing the round from the ernment, or any agency of any of the cluded herein. (All measurements pre­ full loin and flank), and which portion foregoing: Provided, That no punish­ scribed herein shall be made with a rigid shall be obtained as follows: Part of the ment provided by this Revised Maximum straight ruler. All cuts shall be made kidney knob, all of the kidney and the Price Regulation No. 169 shall apply to according to the definite guides and fat lying closely around the kidney in the United States or to any such govern­ measurements specified. Ribs are desig­ open (left) and closed (right) sides shall ment, political subdivision, or agency. nated as 1st to 13th, inclusive, counting be removed first by a cut starting at the (2) “Carload” means: as the 1st rib that one which is nearest rear end of the kidney and slanting di­ (i) A shipment by rail of fresh or the neck end of the side.) rectly to the front edge of the half of the frozen wholesale meat cuts, and/or cured (i) “Hindquarter” means the posterior 12th thoracic vertebra at the point of meat cuts, meat or processed products portion of the side remaining after the severance of the hindquarter and fore­ and/or carcasses, or any combination of severance of the 12-rib forequarter from quarter. the foregoing to a single delivery point, the side, and comprising the round, full Second, the hanging tender, which of at least the minimum weight upon loin including the 13th rib, flank, kidney means the cylindrical shaped piece of which the railroad carload rate from the and hanging tender all in one piece, lean meat attached at one end under the point of shipment to the delivery point, which posterior portion shall be obtained kidney knob in open (left) side hind­ as evidenced by the tariffs of railroad by cutting the beef side between the 12th quarters shall be removed entirely from carriers, is based: Provided, That where and 13th ribs keeping the knife firmly open side loins by being severed at a the transportation charge for shipment against the 12th rib while cutting down point opposite the juncture of the 1st of a lesser weight at the railroad carload the length of the rib to the point at the and 2nd lumbar vertebrae. rate would be lower than the transporta­ end of the rib where the rib joins the rib Third, after the severance of the tion charge for such a shipment at the (costal) cartilage, from which point pass­ round from the hindquarter, the flank railroad less-than-carload rate, such ing through the cartilage and meat of the shall be severed from the full loin by a lesser weight shall be considered a car­ flank and short plate in the same straight , cut starting at the heavy end of the full load; line, completing the cut. loin at the ventral point of severance of (ii) A shipment by motor truck or (ii) “Forequarter” means the anterior the round from the hindquarter and trucks to a single delivery point of 15,000 portion of the side remaining after the continuing in a straight line to a fixed pounds or more of fresh or frozen whole­ severance of the 1-rib hindquarter*from point on the inside of the 13th rib deter­ sale meat cuts and/or cured meat cuts, the side, and comprising the rib, regular mined by measuring off ten inches in a FEDERAL REGISTER, Saturday, December 12, 1942 10391

straight line from the center of the pro­ the steak, but the thin membrane on N ote: The 10-inch measurement shall be truding edge of the 13th thoracic verte­ the top surface of the steak shall not be made from the center of the protruding edge bra, but in making the cut no moVe than removed. of the 5th thoracic vertebra and not from the one (1) inch of cod or udder fat shall be hollow of the chine bone where the 5th rib (vii) “Short loin” means that portion joins the 5th thoracic vertebra. left on the flank side of the face of the of the trimmed full loin remaining after loin. the severance of the sirloin (loin end) (x i) “Foreshank” means the portion of N ote: The 10-inch measurement shall be from the trimmed full loin, which por­ the cross cut chuck remaining after the made from the center of the protruding edge tion shall be obtained by a cut perpen­ severance of the regular chuck and bris­ of the 13th thoracic vertebra and not from dicular to the contour of the outside or ket from the cross cut chuck, which por­ the hollow of the chine bone where the 13th skin surface of the trimmed full loin be­ tion shall be obtained (after separation rib joins the 13th thoracic vertebra. gun at a point which is the juncture on of the regular chuck) by separation from Fourth, the excess loin (lumbar) and the chine bone of the 5th and 6th lumbar the brisket by a cut following the natural pelvic (sacral) fat shall be trimmed from vertebrae and continuing in a straight seam and leaving the entire lip, or web the inside of the full loin by placing the line perpendicular to the contour of the mucle on the brisket. full loin upon a flat surface, with no outside or skin surface of the trimmed (xii) “Brisket” means the portion of other support to change its position, full loin to and through a point flush the cross cut chuck remaining after the meat side down, and removing all fa t against the end of the hip (pin) bone, severance of the regular chuck and fore- which extends above a flat plane parallel but leaving no part of the hip (pin) bone shank from the cross cut chuck, which with the flat surface supporting the full in the short loin. The backbone of the portion contains parts of four ribs (2nd loin and on a level with the full length short loin shall include five (5) lumbar to 5th, inclusive), part of the breast bone of the protruding edge of the lumbar vertebrae, one and one-half (IV2 ) tho­ and the rib (costal) cartilages which con­ section of the chine bone. Then all fat racic vertebrae and part of the 13th rib. nect the ends of the rib bones with the shall be removed which extends above a (viii) “Sirloin” (loin end) means the breast bone. All heart (mediastinal) fat,' flat plane using the following two lines thick portion of the trimmed full loin but no other fat shall be removed from as guides for each edge of the plane: an remaining after the severence of the the brisket. imaginary line parallel with the full short loin from the trimmed full "loin. (xiii) “Rib” means the portion of the length of the protruding edge of the lum­ The backbone of the sirloin shall include forequarter remaining after the sever­ bar section of the chine t>one which line one (1) lumbar vertebra, five (5) sacral ance of the cross cut chuck and short extends 1 inch directly above such pro­ vertebrae (the tip or rear corner of the plate from the forequarter, and contain­ truding edge; a line on the inside of the fifth (5th) sacral vertebra shall have ing parts of seven ribs (6th to 12th, in­ loin two inches from the flank edge and been sawed off in separating the round clusive), that section of the back bone running parallel with such edge for the from the trimmed full loin and flank), attached to. the ribs, posterior tip and full length of the loin. All fat obstruct­ and the entire hip bone (ilium). cartilage of the blade bone (scapula), ing the measurement of the second line (ix) “Cross cut chuck” (kosher or part of the blade bone (scapula) which shall first be removed. In addition to the traefer) means the portion of the fore­ portion shall be obtained (by separation foregoing all rough fat in the pelvic cav­ quarter remaining after the severence of "from the'short plate) by a straight cut ity of the heavy end of the loin (sirloin) the rib and short plate from the fore­ across the ribs starting at a fixed point shall be trimmed smooth and trimming quarter, and comprising the regular determined by measuring off 10 inches on by a knife shall be apparent. No fat chuck, brisket and foreshank all in one the inside of the 12th rib along the 12th remaining in the pelvic cavity shall ex­ piece, which portion shall be obtained by rib from the center of the inside protrud­ ceed one inch in depth. cutting through the forequarter in a ing edge of the 12th thoracic vertebra (v) “Flank” means the portion of the straight line between the 5th and 6th and continuing to and through a fixed hindquarter remaining after the sever­ ribs, keeping the knifeiy§rm ly against the point determined by measuring off 10 inches on the inside of the 6th rib along ance of the round and untrimmed full 5th rib while cutting to the point where loin from the hindquarter, which shall the 5th rib joins the rib (costal) cartil­ the 6th rib from the center of the inside be obtained after the removal of the age, at which point the cut shall con­ protruding edge of the 6th thoracic verte­ round by separation from the untrimmed tinue in the same straight line through bra. full loin, starting the cut at the point at the cartilage, the breast bone (sternum) N ote: The 10-inch measurements shall be the lower end of the loin end (sirloin) and the meat of the brisket and short made from the centers of the protruding which was the ventral point of separa­ plate to complete the severence. The edges of the 6th and 12th thoracic vertebrae, tion of the full loin and round, leaving cross cut .chuck shall contain five (5). and not from the hollow of the chine. no more than one inch of cod or udder ribs (1st to 5th, inclusive). (xiv) “Short plate” means the portion fat attached to the flank side of the face (x) “Regular chuck” means the por­ of the forequarter remaining after the of the full loin, and continuing in a tion of the cross cut chuck remaining severance of the cross cut chuck and the straight line to a fixed point on the in­ after the severance of the foreshank and *rib from the forequarter, and containing side of the 13th rib determined by meas­ brisket from the cross cut chuck, and con­ parts of seven ribs (6th to 12th, inclu­ uring off ten inches in a straight line taining most of the blade bone (scapula), sive) , the rib (costal) cartilages attached along the 13th rib from the center of the part of the (humerus) arm bone, parts to them, and part of the breastbone. protruding edge of the 13th thoracic ver­ of the five ribs (1st to 5th, inclusive), (xv) “Back” means the portion of the tebra. that section of the back bone attached forequarter remaining after the sever­ to the ribs, and the neck bone (cervical N ote: The 10-in. measurement shall be ance of the short plate, brisket and fore- made from the center of the protruding edge vertebrae from 1 to 7, inclusive), which shank from the forequarter, and contain­ of the 13th thoracic vertebra and not from portion shall be obtained by a cut ing the rib and regular chuck all in one the hollow of the chine bone where the 13th through the cross cut chuck made in a piece, which portion shall be obtained by rib joins the 13th thoracic vertebra. straight line perpendicular to the con­ a cut made in a straight line starting at tour of the outside or skin surface of the (vi) “Flank steak” means the flat, a fixed point determined by measuring cross cut chuck (thereby separating the oval-shaped lean muscle of meat im­ off 10 inches on the inside of the 12th brisket and foreshank from the cross cut bedded in the cod or udder end of the rib along the 12th rib from the center of chuck) starting at a fixed point on the the inside protruding edge of the 12th flank which shall be obtained by loosen­ inside of the 5th rib determined by meas­ thoracic vertebra and continuing to and ing the narrow end of the steak piece uring off ten (10) inches along the 5th through a fixed point at the tip of the at the cod or udder end of the flank, cut­ rib in a straight line from the center of forward end of the breastbone (forward ting through the membrane along both the protruding edge of the 5th thoracic end of 1st segment of sternum) through sides of the steak, then pulling and cut­ vertebra, continuing in the same straight the (humerus) arm bone in the same ting the steak loose and severing it from line to the tip of the forward end of the straight line to complete the cut. the thick membrane which lies directly breast bone (forward end of 1st segment . j under and to which it is attached. None ‘ N ote: Measurements shall be made from of sternum), and passing through the the center of the protruding edge of the 12th of the thick membrane shall be left on (humerus) arm bone in the same straight thoracic vertebra, and not from the hollow of the steak. All fat shall be trimmed from line to complete the cut. the chine. 10392 FEDERAL REGISTER, Saturday, December 12, 1942

(xvi) “Triangle” (kosher or traefer) beef for resale to hotels, restaurants, and seller’s sales of carcasses of the same means the portion of the forequarter re­ other purveyors of meals and which does grade were made during such period. maining after the severance of the rib not own or control, in whole or in sub­ Example: Assume that the seller’s sales of stantial part, any slaughtering plant or from the forequarter, and containing choice carcasses of veal during the base facilities, and which is not controlled, period, March 16 to March 28, were as the short plate, brisket, foreshank and in whole or in substantial part, by an­ follows: regular chuck all in one piece, which other person who owns or controls in portion shall be obtained by removing, substantial part any slaughtering plant Percentage the rib from the forequarter by a straight or facilities. Weight of total Price per lb. volume weight cut across the ribs starting at a fixed (16) “Sales at retail” means sales to in lbs. volume point determined by measuring off 10 the ultimate consumer Provided, That no (percent) inches on the inside of the 12th rib along wholesaler, processor, packer, slaughter­ the 12th rib from the center of the inside er, branch house, car route, hotel supply 24(6...... 1,000 4 2,000 8 of the protruding edge of the 12th thor­ house, purchaser for resale, commercial 23 ...... -...... user, purveyor of meals, war procure­ 23{S...... 4,000 16 acic vertebra and continuing to a -fixed ...... 5,000 20 ment agency, or other government agen­ ...... 8,000 - 32 point determined by measuring off 10 22¿ ...... 4,000 W t ■ 16 cy shall be deemed to be an ultimate 2i ...... 1 1,000 4 inches on the inside of the 6th rib along consumer, except that a sale to a pur- the 6th rib from the center of the inside veydr of meals on usual retail terms by Total weight volume...... 25,000 protruding edge of the 6th thoracic verte­ a retailer at least 80% of whose sales of bra, and severing the rib from the fore­ meat during the preceding calendar The seller’s maximum price for choice car­ quarter by a second cut made in a month were made to ultimate consumers casses of veal is 22% i per lb., for that is the straight line between the 5th and 6th ribs shall be deemed a sale at retail. highest price actually charged by him at or keeping the knife firmly against the 5th (b) Unless the context otherwise re­ above which he made at least 30% of the rib to the point where the second cut quires, the definitions set forth in sec­ total weight volume of his sales of such car­ meets the end of the first cut. tion 302 of the Emergency Price Control casses during the base period. 23

(ii) In the event that the total gross transportation and icing charge in such such grade of carcass or cut delivered proceeds obtainable through sales at the zone. during such period; or prices so fixed of all cuts derived from (4) Using the prices computed under (2) The seller’s maximum price deter­ such quarter or saddle exceeds by more paragraph (b) (3) of this section, the mined under the applicable provisions of than $1.00 per cwt. the total gross pro­ seller shall determine f. o. b. shipping paragraph (a ), (b) or (c) of this section. ceeds obtainable through the sale of such point prices for each grade of each veal The purchaser shall, in issuing requests quarter or saddle, uncut, at its maximum carcass, side, quarter and saddle and for for bids, state which of the two for­ price, the seller shall adjust downward each grade of each veal wholesale cut mulae for determining maximum prices _ the prices of such cuts to remove the and for each grade of each processed set out in subparagraphs (1) and (2) of excess over $1.00 per cwt. In making product in the manner provided for iij this paragraph (d) shall be applicable to such adjustments, the seller shall not subparagraphs (1), (2), (3) and (4) of such bids: Provided, That if the pur­ change the relationship of such prices paragraph (a) of this section. chaser states that the maximum price is as established pursuant'to subparagraph (5) Maximum prices in each car route the alternative set forth in said subpara­ (3) (i). The price so fixed and adjusted zone shall be determined by adding to graph (1), the purchaser shall quote in shall be the seller’s maximum price for the f. o. b. shipping point prices deter­ its invitation for bids the maximum price such wholesale cut. mined under paragraph (b) (4) of this for each grade of veal carcass, veal whole­ (iii) In the event that the seller sold section the average transportation sale cut or processed product to be pur­ no quarter of a particular grade during charge in such zone, except that in sales chased. the period March 16 to March 28, 1942, to a war procurement agency or to the (e) Adjustment of maximum prices the maximum price for each wholesale Federal Surplus Commodities Corpora­ for products sold to certain governmental cut derived from a quarter or saddle of tion the maximum prices shall be de­ agencies to include certain special such grade shall be the highest price termined by adding to such f. o. b. ship­ charges. In any sale of veal carcasses, actually charged by the seller during the ping point prices the transportation veal wholesale cuts or processed products period March 16 to March 28,1942, at or charge to destination which is actually to a war procurement agency or to the above which at least 30% of the total incurred, which actual transportation Federal Surplus Commodities Corpora­ weight volume of his sales of such cut charge shall in no instance exceed the tion the seller may add to the maximum was made during such period. highest transportation charge used as prices determined under paragraphs (a), (4) The maximum price for each the basis for determining the average (b) and (c) of this section the actual grade and brand of each other veal transportation charge in the zone of such cost of freezing and wrapping or pack­ wholesale cut and each processed prod­ destination point. aging such products if such products are uct (i. e., veal wholesale cuts which are (c) Maximum prices for products frozen and wrapped or packaged pur­ boned or wholesale cuts other than quar­ shipped by carload. Except as provided suant to specifications applicable to prod­ ters or saddles derived from kosher veal in paragraphs (d) and (k) of this sec­ ucts for overseas shipment or supply ship carcasses and processed products which tion, each seller’s maximum price, f. o. b. delivery: Provided, That the actual cost are canned, ground, or processed) shall the seller’s shipping point, for each grade of freezing shall in no event exceed the be the highest price actually charged by of each veal carcass, veal wholesale cut, lowest commercial rate for such freezing the seller during the period March 16 or processed product sold for carload de­ in the market area. to March 28, i942, at or above which at livery shall be the highest price actually (f) Maximum prices for federally least 30% of the total weight volume of charged by the seller during the period graded products of choice grade.m The the seller’s sales of such wholesale cut or March 16 to ^larch 28, 1942, at or above maximum price of each veal carcass or processed product were made during which at least 30% of the total weight veal wholesale cut which has been graded such period. volume of the seller’s sales of such car­ choice by an official grader of the United N ote: In making computations of total cass, wholesale cut or processed product States Department of, Agriculture and weight volume required by paragraph (a) of were sold in carload shipments from such which bears the appropriate official grade this section, the seller shall omit all sales of shipping point during such period: Pro­ mark and identification of such official products which he shipped via car route or vided, That, in determining such maxi­ grader at the time of sale or delivery by carload. mum trice, the seller shall deduct from shall be Va cent per pound higher than (b) Maximum prices for products all delivered prices charged in his car­ the maximum price computed for such shipped via car route. Except as pro­ load sales during such period the actual grade of veal carcass or veal wholesale vided in paragraphs id) and (e) of this transportation costs from the shipping cut pursuant to paragraphs (a ), (b), (c), section, each seller’s maximum price for point to all points of delivery. If the or (d) of this section, except that this each grade of each veal carcass, veal seller is unable to determine the maxi­ paragraph shall not apply in any instance wholesale cut or processed product de­ mum price for any grade of any whole­ where a maximum price is derived un­ livered via car route shall be computed sale cut derived from a quarter or saddle, der paragraph (h) from the most nearly as follows: because he made no carload sale of such competitive seller who has computed cut during such period, he shall com­ (1) The seller shall ascertain zones maximum prices in accordance with this pute such maximum price in the man­ for all car routes operated from the same paragraph. ner provided for in subparagraph (3) of shipping point, upon the basis of 250 per (g) Adjustment of maximum prices. paragraph (a) of this section. cwt. differences in transportation and ic­ In the event that any maximum price ing charges. I f the car route is operated (d) Maximum prices for products pur­ computed pursuant to paragraphs (a), by truck such transportation and icing chased by certain governmental agencies. (b) , or (c) of this section results in a The maximum price for each grade of charges shall be determined by reference price containing a fraction of a cent to the tariff of any common carrier each veal carcass, veal wholesale cut or which fraction is indivisible exactly into processed product which is purchased for , trucker who has filed such tariff with the eights, the seller shall adjust such m axi­ any institution of any State, or political Interstate Commerce Commission. mum price to the nearest eighth of a cent. subdivision thereof, or of the United (2) As used in this paragraph (b) of (h) Maximum prices which cannot be States by an authorized purchasing § 1364.476, the term “average transpor­ priced under the foregoing paragraphs. agency (other than purchases by a war Except as provided in paragraph (k) of tation charge” means the transportation procurement agency or the Federal Sur­ charge in any zone determined by adding this section, if the maximum price for any plus Commodities Corporation) shall be grade of any veal carcass, veal wholesale to the lowest transportation and icing either: charge in such zone the highest trans­ cut or processed product cannot be de­ (1) The highest price which such termined under paragraphs (a), (b), or portation and icing charge in such zone agency contracted to pay for such grade (c) of this section, the maximum price and dividing the resulting sum by two. of veal carcass, veal wholesale cut or for such carcass, cut or processed prod­ (3) The seller shall deduct from the processed product in contracts specifying uct shall be the maximum price of the prices charged by him for products de­ comparable delivery and entered into most nearly competitive seller. livered in each zone during the period during the thirty-day period commencing (i) Maximum prices for products which March 16 to March 28, 1942 the average on March 16, 1942, or actually paid for cannot be priced under paragraphs (a) 10394 FEDERAL REGISTER, Saturday* December 12, 1942

or (h). If the maximum price for any Administration, pursuant to the pro­ be deemed a processed product. Prod­ veal carcass, veal wholesale cut or proc­ vision of § 1364.407, his maximum prices ucts of each grade and brand, and in essed product cannot be determined under on all veal carcasses, veal wholesale cuts each stage of processing shall be consid­ paragraphs (a) or (h) of this section, and processed products which he sells. ered separate processed products. Each The seller shall in no event charge any the seller shall apply to the Office of type of canned and packaged meat, made prices higher than, those so reported as Price Administration, Washington, D. C., entirely from beef and/or veal shall be his maximum prices. for authorization to establish a maxi­ considered a separate processed product. mum price, setting, forth in such sworn § 1364.477 Definitions applicable to Beef or veal, trimmings o f each grade and application a detailed description of the veal and processed products, (a) When in each stage of processing shall be con­ used in this Revised Maximum Price Reg­ grade, and kind of veal carcass, or veal sidered separate wholesale cuts» Kosher ulation No. 169 and when applicable to wholesale cut or processed product fo r processed products shall for the purposes which a price is sought, including, where veal or processed products the term; of § 1364.476 be regarded as separate appropriate: a description of the man­ (T> “Person” means any individual, processed products. ner and style of cutting and the nature corporation, partnership, association or (6) “Veal carcass” means the dressed and degree of processing* the maximum any other organized group of persons, or carcass of veal and includes:, the side or prices, if any, established for the sale legal successor or representative of any sides of veal;; the forequarter and hind- by the seller o f other grades of carcass of the foregoing, and includes the United quarter of veal when sold together, and or of the same wholesale cut or proc­ States or any agency thereof, or any the fore-saddle and hind-saddle of veal essed product; the manner in which the other government, or any of its political when sold together.. wholesale cut or processed product dif­ subdivisions, or any agency of any of the (7) “War procurement agency” in­ fers from the most similar wholesale foregoing: Provided, That no punish­ cludes the War Department, the De­ cut or processed product for which a ment provided by this Revised Maximum partment of the Navy, the United States maximum price is established, and the Price Regulation No. 169 shall apply to Maritime Commission, the Lend-Lease maximum price for such cut or processed the United States or to any such gov­ product; the costs of any of the opera­ ernment, political subdivision, or agency. Section of the Procurement Division of tions which are added to or eliminated (2) “Seller” means any person who the Treasury Department, the Marine from the cutting or processing of the sells, supplies, disposes, barters, ex­ Corps, the Coast Guard, the W ar Ship­ most similar wholesale cut or processed changes, transfers or delivers, and con­ ping Administration, or any agency of product; a statement of the reasons why tracts and offers to do any o f the forego­ the foregoing. the new manner of cutting or processing ing. Where a person makes sales from (8) “ Carload” means (i) a shipment is being undertaken; a statement of the more than one place of business,' each by rail of, fresh, frozen and/or processed price requested, and the method by which separate place of business o f such person meat, and/or wholesale cuts or meat the requested price was arrived at. Au­ shall be deemed to be a separate seller, and/or carcasses, to a single delivery thorization to establish a maximum price except that all places of business owned point, of at least the minimum weight as for such veal carcass, veal wholesale cut or controlled by the same person, and set forth in the tariffs of railroad car­ or processed product will be accompanied selling in the same market area shall be riers, upon which shipment the railroad by instructions as to the method for regarded as a single seller. Each ship­ carload rate from the point of shipment determining the maximum price. With­ ping point from which a car route or car to the point of destination is based: in 10 days after such price has been routes originate shall be deemed a sep­ Provided, That where a smaller quantity determined, the seller shall report the arate seller. If more than half of the is shipped which could move at a rail­ price to the «Office of Price Administra­ sales at any one place of business are sales road carload rate rather than at a rail­ tion, Washington, Dl C., under oaths or of kosher veal wholesale cuts or o f veal road less-than-carload rate because a affirmation. The price so reported shall wholesale cuts derived from kosher veal lower transportation charge is produced be subject to adjustment at any time by carcasses or of kosher processed products thereby, such smaller quantity shall be the Office of Price Administration. the sales at such place of business shall considered a carload lot; (j) Maximum prices for products not be included with sales at any other (ii) A shipment by motor truck or which cannot be priced under paragraphs place of business in computing maximum trucks, to a single delivery point, of (c) or (h>. Except as provided in para­ prices. Ah sales by any person to hotels 15,000 pounds or more of fresh, frozen graph (k) of this section, if the maxi­ and restaurants from one or more selling and/or processed meat and/or wholesale mum price for any grade of any veal places in the same market area may be cuts or meat and/or carcasses as a single carcass, veal wholesale cut or processed treated, at the option of such person, as bulk sale transaction; and product shipped by carload cannot be sales by a separate seller. (iii) Any single bulk sale transaction determined under paragraph (h> of this (3) “Veal” includes the dressed car­ wherein the buyer takes delivery, at the section, the maximum price, f. o. b. the casses and wholesale cuts derived from sellers’ place of business, of 15,000 pounds seller’s shipping point for each grade of calves. or more of fresh, frozen and/or proc­ each veal carcass, veal wholesale cut (4) “Veal wholesale cuts” means all essed meat and/or wholesale cuts or meat or processed product sold for carload de­ cuts and combinations of cuts derived and/or carcasses. livery shall be determined by subtracting from the dressed veal carcass, including (9) “Purchasing agency” refers to the y2 cent per pound from the seller’s max­ but not limited to: authorized purchasing agency which imum price for such grade of carcass, *(D Pore-quarters and hind-quarters contracts for future delivery of any veal wholesale cut or processed product as de­ and fore-saddles and hind-saddles*, carcasses, veal wholesale cuts or proc­ termined pursuant to paragraph (a) of (ii) Rough and trimmed, bone in and essed products according to fixed speci­ this section, or as determined pursuant boneless, whole and sliced; fications. to paragraph (h) or Ci) in lieu of para­ (iit) Fresh or frozen. Kosher veal (10) “Sales at retail” means sales to graph (a ) if such maximum price can­ wholesale cuts shall for the purposes of the ultimate consumer; Provided, That not be determined pursuant to para­ § 1364.476 be regarded as separate whole­ no wholesaler, processor, packer, graph (a ). sale cuts, and kosher veal carcasses shall slaughterer, branch house, purchaser for (k) Maximum “prices for products sold be regarded as separate carcasses. resale, car route or commercial user, for export. The maximum price at (5) “Processed products” means shall be deemed to be an ultimate con­ which a person may sell or deliver any ground, cured, pickled, spiced, smoked, sumer, except that a sale to a purveyor commodity for export shall be deter­ 'dried or otherwise processed beef and/or o f meals, by a person regularly and gen­ mined in accordance with the provisions veal, including ground hamburger and erally engaged in selling at retail, made of the Revised Maximum Ejqiort Price sausage containing any proportion of on usual retail- terms, shall be regarded Regulation issued by the Office of Price beef or veal: Provided, That any beef car­ as a sale at retail. Administration. cass, or part or portion thereof , including (11) “Car route” means a shipment by (l) Duty to report maximum prices any beef wholesale cut, which has been rail or truck, other than a carload, to a and adhere to reported prices. Each boned as permitted in Subpart B of this place outside of the market area in which seller shall report to the Office of Price Revised Regulation or otherwise shall not the shipping point is located. FEDERAL REGISTER, Saturday, December 12, 1942 10395

(12) “ Market area” means any mu- Paragraph 1. Secretary. Secretary or Act- other known parties, except carriers, inter­ mcipality or group of municipalities each in& Secretary of Agriculture of the United ested in the products involved; (f) the ship­ of which has a common boundary with states* „ ping point and destination of the product; (g ) type of service desired; and (h ) such other another: Provided, That such market , „ „ , . , . .. j - ketmg Administration of the United States information as may be necessary for proper area shall in no event extend in any di- Department of Agriculture, identification of the product or as may be rection further than fifty miles from the Paragraph 3. Official grader. Employee of required by the Chief of Bureau. seller S shipping point. the Department of Agriculture or othfer per­ Section 5. When application deemed filed. ils) “Packaged meat” means meat son authorized by the Secretary to investi- An application for grading shall be deemed sold in prepared containers of uniform gate and certify to shippers and other inter­ filed when delivered to the proper office of size and appearance, which containers ested parties the class, quality, grade, and grading. Record showing date and time of bear an identification of the contents condition of products under the act. filing shall be made in such office. Section 6. When application may be re­ and a statement of the weight or volume Paragraph 4. Office of grading. The Office jected. Any application may be rejected by thereof of an official Srader of products covered by the official grader in charge of the office of (b) Unless the context otherwise re- certificate, certlfl- grading in which it is filed for noncompli­ quires, the definitions set forth in sec- cate ofsth^ clasS) quality (grade), and condi­ ance with the act or any applicable regula­ tion 302 of the Emergency Price Control tion of products issued by an official grader tion thereunder, failure to make product Act of 1942 shall apply to other terms under the act. available for examination, abusive language used herein. Paragraph 6. Interested party. Anyone or act of violence, or interference with grader having a financial interest in the products while performing grading, and such official SUBPART D— APPENDICES involved, including the shipper, the receiver, grader shall immediately notify the applicant § 1364.526 Appendix A: Formula for or the carrier, or any authorized person in of the reasons for such rejection. Section 7. Authority of agent. Proof of behalf of such party. meat marking fluid. The following for- the authority of any person applying for Paragraph 7. Regulations Rules and reg- mula has been approved by the United service in behalf of ^mother may be required States Denartm ent o f A erirulturp B u - ulations of the Secretary under the act. btates department 01 Agriculture, uu- paragraph 8. Class. Class is a subdivision in the discretion of the official grader. reau of Animal Industry, Meat Inspec- of a given commercial product based on es- Section 8. Accessibility of product. The tion Laboratory, to be used for marking sential physical characteristics that differ- applicant shall cause the products for which meats under the provisions of meat in- entiate between major groups of the same service is requested to be made accessible for spection law: kind or species, for instance, the classes in grading and to be so placed as to disclose w + ... . beef are: steer, heifer, cow, stag, and bull. class, quality, and condition. Section 9. Basis of service. Examination, Pure grain alcohol. 95 percent-gallons. 38 T S £ , u ^ £ “or h? telegraph or ing; (4) names and addresses of appli­ miri+xr vwr,,, k « j sm taoie telephone. If made orally, the official grader ma,yJJe used,^provided due allow- may require that it be confirmed in writing or cant, party in possession, and shipper and ance is made for the water introduced by telegraph, stating the facts required by buyer, if known; (5) exact number of car­ in that way. All the ingredients used in Section 4 of this regulation, casses, sides, quarters, cuts, and packages of preparing the marking fluid must be - Section 4. Form of application. Each ap- products by classes and grades examined, if graded; (6) if previously examined, refer­ free from poisonous and harmful sub- plication for grading shall include the follow- ence to previous certificate by numbers; (7) stances. ing information: (a) the date of application; if rejected or not graded, reason for rejecting (b ) the description and location of the prod- or not grading; (8) for purposes of identifi­ § 1364.527 Appendix B: Rules and uct to be graded; (c) the name and post of- cation, the weight of each class, grade and regulations of the Secretary of Agricul- flce address of the applicant and of the per- lot; (9) the amount of fees and expenses; ture governing the grading and certified- son> lf other than the aPP^cant, making the ( 10) name of official grader or graders; ( 11) tion of meats for class Quality ( arade) application in his behalf; (d) the interest of additional facts necessary to fully describe and condition ’ * applicant (except an official of the Federal condition, class, and grade, or as may be Government or a State) therein; (e) the required by the Chief of Bureau. , regulation i. definitions / name, post office address, and interest of all Section 14. Certificates, issuance. The offi­ Section 1. Words in these regulations in ------cial grader shall sign and issue certificates the singular form shall be deemed to import 8 “Agricultural Marketing Administration” covering lots of products personally graded the plural, and vice versa, as the case may is substituted wherever the terms, “Bureau” by him unless through special arrangements demand. or “Bureau of Agricultural Economics of the approved by the Chief of Bureau this be not Section 2. For the purpose of these regula- United States Department of Agriculture” are required, in which case complete records of tions, unless the context otherwise requires, used in this Section 1364.527. This is in ac- the grading shall be furnished the Bureau; the following terms shall be construed, re- cordance with the Order issued by the Secre- but in no case shall any grader sign a cer­ spectively, to mean— tary of Agriculture. tificate covering any product* not graded by No. 243------6 10396 FEDERAL REGISTER, Saturday, Decem ber 12, 1942

certificate to any person financially interested him. Graders shall stamp, brand, tag, label, sidered appeal grading within the meaning seal, or otherwise identify or supervise the of this regulation. in a product involved the fee shall be $1. stamping, branding, tagging, labeling, seal­ Section 7. Order in which made. Appeal Section 2. How fee shall be paid. Fees and ing, or otherwise identifying of each unit of gradings shall be performed as far as practi­ other charges shall be paid by the applicant product or package or container thereof with cable at time requested by applicant and in in accordance with directions on the fee bill its class and quality (grade) as far as prac­ the order in which applications are received. furnished him, and in advance if required by They shall take precedence over all other ticable, or the aipplicant may issue, when the official grader. authorized by the Chief,.of the Bureau, cer­ pending applications.- Section 3. Disposition of fees. tificates of quality of such forms as are ap­ Section 8. Who shall pass upon appeals. Paragraph 1. By graders exclusively em­ proved by the Chief of the Bureau, the Appeal grading shall be passed upon by offi­ ployed by the Department. Fees for grad­ certificates of quality issued by the applicant cial graders designated therefor by the Chief ing done by graders exclusively employed by to be used only by the applicant in such of Bureau, and such grading shall be con­ the Department shall be remitted to the manner and for such purpose as is approved ducted Jointly by two official graders when Bureau for deposit into the Treasury as Mis­ practicable. No appeal grader shall pass upon by the Chief of the Bureau. cellaneous Receipts. Section 15. Disposition of certificates. The an application involving the correctness of Paragraph 2. By graders under cooperative original certificate, and not to exceed two a certificate issued by him. agreements. Fees for grading done by copies if requested, upon issuance shall be Section 9. Appeal findings. Immediately graders acting under cooperative agreements immediately delivered or mailed to ‘the ap­ after an appeal grading has been made a with a State or municipal organization, or plicant or a person designated by him. One certificate designated as “appeal grading other cooperating party, shall be disposed of copy shall be filed in the office of the official certificate” shall be signed and issued refer­ in accordance with the terms of such agree­ ring specifically to the original certificate grader and one copy forwarded to the Chief ments. Such portion of fees collected under of Bureau. Copies will be furnished to other and stating the quality and condition of the cooperative agreements as may be due the product as shown by the appeal grading. In financially interested parties as outlined in United States shall be remitted to the Bureau all other respects the provisions of regula­ regulation 7, section 1, paragraph 6. for deposit into the Treasury. -Section 16. Advance information. Upon tion 4 shall apply to such appeal grading request of an applicant, all or any part of certificates except that if the applicant for § 1364.528 Appendix C: Specifications the contents of the certificate may be tele­ appeal grading be not the original applicant, for grades of carcass beef— (a) Choice. graphed, telephoned, or radioed to him, or a Copy of the appeal grading certificate shall Choice grade beef carcasses and whole­ to any person designated by him, at his be mailed to the original applicant. sale cuts shall be relatively blocky and expense. Section 10. Superseded certificates. When a grading certificate shall have been super­ compact and thickly fleshed throughout. REGULATION 5. APPEAL GRADING seded under these regulations by an appeal Loins and ribs shall be thick and full. Section 1. When appeal may be taken. An grading certificate such grading certificate The rounds shall be plump. The chucks application for appeal grading may be made shall become null and void and shall not shall be short and thick, and the neck whenever any financially interested party is thereafter represent the class, quality, or and shanks short. The fat covering dissatisfied with the determination stated in condition of the product described therein. shall be fairly smooth and uniforai and the original certificate. If the original and all copies of the super­ shall extend over the entire exterior sur­ Section 2. How to obtain. Appeal grading seded certificate are not delivered to the may be obtained by the applicant or other person with whom the application for ap­ face of thq. carcass. The interior fat person financially interested in the product peal grading is filed, the officer or officers shall be abundant in the pelvic cavity by filing a request for Buch appeal grading issuing the appeal grading certificate diali and over the kidney. The protrusion of (a) with the official in charge of the meat forward notice of such issuance and of the fat between the chine bones shall be grading service at nearest designated market, cancelation of the original certificate to such fairly liberal and the “overflow” of fat or (b ) with the grader who did the original persons as he considers necessary to prevent over the inside of the ribs shall be dis­ grading, or (c) with the Chief of the Bureau. fraudulent use of the canceled certificate. tinctly in evidence and fairly evenly dis­ The application for appeal shall state the reasons therefor, and may be accompanied REGULATION 7. FEES AND EXPENSES tributed. The intermingling of fat with by a copy of any previous grading certificate Section 1. Amount of, rates, etc. * * * the lean in evidence between the ribs, or report, or any other information which Paragraph 1. Basis for charges. Fees and called feathering, shall be extensive. the applicant shall have received regarding charges for grading services shall be based Both the interior and the exterior fat the product at the time of the original grad­ on the actual time required to render the shall be firm, brittle, find somewhat ing. Such application may be made in writ­ services, including the time required for waxy, but may be slightly wavy-or rough. ing or orally, by telegraph, telephone, or travel of the official grader in connection The fat is usually white or creamy white otherwise. If made orally, the person re­ therewith, at the rate of $2.20 per hour for ceiving the application may require that it but a slight yellowish tinge will not ex­ each official grader assigned unless other­ clude beef from this grade, provided the be confirmed in writing. wise provided by special agreement approved Section 3. .Record of filing time. A record by the Chief of the Bureau: Provided, That character of the fat meets the require­ showing the date and time of filing such no grading services shall be rendered for ments for the grade in other respects. application shall be immediately made by the less than a minimum charge of $1.10; Pro­ The cut surface of the lean muscle shall receiver thereof. vided further, That the Chief of the Bureau be firm and possess a smooth velvety Section 4. When appeal may be refused. may, in lieu of the fixed charge of $2.20 per If it shall appear that the reasons stated in appearance. It shall be well marbled hour, fix other reasonable charges for Jthe an application for appeal grading are frivo­ and the marbling shall be relatively ex­ grading and certification of products at rates, lous' or unsubstantial, or that the quality or tensive, especially in the heavier car­ which, in his judgment, will cover the costs condition of the products has undergone a casses. The color shall be uniform and of the services. material change since the original grading, bright and may range from a pale red or that the products cannot be made acces­ Paragraph 2. Charges by graders employed or licensed by Department of Agriculture. to a deep bipod red. The bones are sible for thorough grading, or that the iden­ usually soft and red, terminating in soft tity has been lost, or that these regulations Charges for services by employees of the De­ have not been complied with, the application partment and by graders licensed by the pearly white cartilages but r m e ossifi­ may be denied. Secretary shall be at rates established herein. cation of the cartilages and hardening in Section 5. When appeal may be withdravm. Paragraph 3. Charges under cooperative the bone as indicated by a tinge of white­ An application for appeal grading may be agreement. Charges for grading under co­ ness will not disqualify beef produced withdrawn by the applicant at any time be­ operative agreements shall be those provided from mature cattle from this grade. fore the appeal grading has been performed for by such agreements. Paragraph 4. For appeal grading. Fees and Only beef produced from beef-type upon payment of any expenses incurred in steers and heifers that show a relatively connection therewith. charges for appeal grading shall be double those for original grading; except that ap-" high degree of perfection in breeding Section 6. When second grading is not an and feeding will qualify for the choice appeal. Gradings requested to determine peal grading for Federal Government agencies factors of quality or condition which may shall be at actual cost; provided that when grade. Beef produced from cows is not have undergone material change since the on appeal grading it is found that there was eligible for this grade. original grading shall not be considered ap­ error in determination based upon the origi­ (b) Good. Good grade beef carcasses peal gradings within the meaning of this nal grading equal to or exceeding 10 percent and wholesale cuts shall be moderately regulation. Second grading, requested for of the total weight of the products, no charge blocky and compact and shall be moder­ will be made unless special agreement with the purposes of securing an up-to-date certif­ ately thick-fleshed throughout. A ten­ icate and not involving any question as to applicant is made in advance. Paragraph 5. For copies of grading certifi­ dency for the loins and Tibs to be slightly the correctness of the original certificate cov­ flat and for the rounds to be slightly flat ering the lot in question, shall not be con­ cates. For not to exceed three copies of $ FEDERAL REGISTER, Saturday, December 12, 1942 10397 an# to taper toward the shank is per­ and a relatively small quantity of interior neck and shanks are very long and ta­ mitted. Chucks and neck may be only fat. In such beef there will be practi­ pering, the hip and shoulder joints are moderately short and thick and shanks cally no protrusion of fat between the very prominent. The degree of exterior may be only moderately short. The fat chine bones and there will be no “over­ fat covering may vary from a very thin covering shall extend well over the ex­ flow” of fat on the inside of the ribs and covering that is confined almost entirely terior surface but may show a moderate no feathering between the ribs. Beef to the ribs and loins in the beef produced degree of waste or patchiness, particular­ produced from heavier, older cattle, and from younger cattle to a thin, more ex­ ly in heavy mature beef. The interior particularly from mature animals, will tensive covering in the beef produced fat shall be fairly plentiful in the pelvic possess a moderately thick exterior fat from mature cattle. The interior fat is cavity and around the kidney. There covering that may be uneven and wasty, confined largely to the pelvic cavity and is usually a slight protrusion of fat be­ and fairly heavy interior fat deposits in the kidney and may vary from a very tween the chine bones. The “ overflow” the pelvic cavity, over the kidney, and small quantity, if any, in these parts in of fat over the inside of the ribs may on the inside of the forequarters. The beef produced from younger cattle to a be apparent to a slight extent. A limited fat may be slightly yellow, somewhat limited quantity in that produced from amount of intermingling of fat with the soft, and slightly oily. The cut surface mature cattle. The color of bpth the lean between the ribs, called feathering, of the lean muscle may be somewhat soft interior and the exterior fat may vary shall be in evidence. Both the interior and watery in beef produced from from grayish white to a deep yellow. and the exterior fat are usually fairly younger cattle, but in that produced The cut surface of the lean muscle shows firm and brittle. The quantity of fat from older cattle it is usually firm but is .n o marbling, is coarse, and is usually required'Of beef within this gradé will also usually coarse. Beef within this soft and watery. The color may be two- vary within relatively wide limits de­ grade produced from yearling cattle will toned or shady and usually ranges from pendent upon the age and class of cattle have little if any marbling whereas that a slightly dark red to a very dark red. from which it is produced. That pro­ produced from mature cattle, and par­ The bone is usually hard and white. duced from lightweight steers and heifers ticularly cows, will show a moderate de­ The cutter grade of beef may be pro­ which were slaughtered when-relatively gree of marbling through the thicker duced from steers, heifers, and cows. young may have a relatively thin exterior cuts. The color may be two-toned or That produced from cows constitutes a fat covering and only a moderate quan­ shady and usually ranges from a light relatively large percentage of the beef tity of interior fat, whereas that produced red to a dark red. The character of the eligible for this grade. from heavier, older cattle may possess bone will vary from fairly soft and red Canner grade beef carcasses and a relatively thick exterior fat covering in the beef produced from the young wholesale cuts shall be extremely rangy, and fairly heavy interior fat deposits in cattle to white and hard in that pro­ angular, and irregular in conformation the pelvic cavity, over the kidney, and duced from mature cattle. and extremely thinly fleshed throughout. on the inside of the forequarters. The Beef produced from steers, heifers, and All uts are extremely thinly fleshed. fat is usually creamy white but it may cows may qualify for the commercial Loins and ribs are extremely thin, flat, possess a distinctly yellowish tinge. The grade. and shallow. The rounds are very long, cut surface of the lean muscle may be (d) Utility. Utility grade beef car­ flat and tapering, and the chucks are only moderately firm and smooth and casses and wholesale cuts may be de­ extremely thin, flat, and shallow. The velvety in appearance. Beef within this cidedly rangy, angular, and irregular in neck and shanks are extremely long and grade will show a relatively wide range conformation. The fleshing is usually the hips and shoulder joints are ex­ of marbling. That produced from young thin. The loins and ribs are flat and tremely tapering. Beef of this grade is cattle may show only a limited degree thinly fleshed. The rounds are long, flat, practically devoid of both interior and of marbling which is apparent only in and tapering. The chucks are flat and exterior fat. The outside surface usu- the thicker cuts whereas that produced thinly fleshed. The neck and shanks are i ally has a very dark appearance. The from the older, more mature cattle shall long and tapering. The hip and shoul­ show rather extensive marbling through­ cut surface of the lean muscle is usually der joints are prominent. The degree of coarse and is soft and watery in appear­ out. The color is usually uniform and fat covering varies from very thin in ance. It shows no marbling. The color bright but may be slightly two-toned or beef produced from young steers and slightly shady. It usually ranges from a may be two-toned or shady and usually heifers to a slightly thick covering that light red to a slightly dark red. The bone ranges from a moderately dark red to an may be somewhat uneven in beef pro­ will range from soft and red in light­ extremely dark red or brownish black. duced from cattle that are more or less weight beef produced from young cattle The bones are nearly always hard and advanced in age. The quantity of in­ to a relatively hard bone that is tinged white. terior fat varies from very little in beef with white in the beef produced from A very large percentage of the beef of that is produced from young and imma­ older, more mature cattle. It is, however, the canner grade is produced from ma­ necessary that the chine bones show ture steers and heifers to a moderate ture cows that are somewhat advanced in cartilages, termed “ buttons” , in order to quantity in that produced from mature age. cattle. The fat is usually soft and varies qualify fpr this grade. § 1364.529 Appendix D : Specifica­ Beef produced from steers, heifers, and in color from a grayish white to decidedly yellow. The cut surface of the lean tions for grades of veal carcasses— (a) relatively young well-finished beef-type Choice.- A choice grade veal carcass is cows may qualify for the Good grade.. muscle is usually soft and watery in the beef produced from younger cattle but markedly superior in conformation, fin­ (e) Commercial. Commercial grade ish and quality. beef carcasses and wholesale cuts may be in that produced from more mature cat­ tle it is usually fairly firm but coarse. In general shape or outline it is blocky somewhat rangy, angular, and irregular and compact. It is broad and deep in in conformation and the fleshing may be The beef in this grade will show practi­ cally no marbling except in that produced proportion to its length. All parts are slightly thin throughout. Loins and thickly fleshed, each part having its ribs tend to be flat and somewhat thinly from aged cattle which may show a little marbling in the thicker cuts. The color proper proportionate thickness. Be­ fleshed. The rounds are relatively long, cause of the thickness of fleshing the car­ flat, and tapering. Chucks are usually may be two-toned or shady and usually ranges from a light red to a very dark cass presents a plump, full, well-rounded slightly flat and thinly fleshed. The appearance. The different parts are de­ neck is somewhat long and thin and the red. The bone is usually hard anji white. veloped and balanced in such a way as to shanks somewhat long and tapering. The utility grade of beef may be pro­ result in a high proportion of back, loin, The quantity of fat required of beef duced from steers, heifers, or cows. within this grade will vary within wide (e) Cutter and canner. Cutter grade and round combined. limits dependent upon the age and class beef carcasses and wholesale cuts may The shanks are short and thick. of cattle from which it is produced. be very rangy, angular, and irregular in Rounds are thick and bulging. Loin and That produced from relatively young conformation and very thinly fleshed back are full and plump. Shoulders and lightweight steers and heifers that were throughout. The loins and ribs are very breasts are broad and thick. The neck slaughtered when relatively young may flat, thin, and shallow. The rounds are is short and thick. have a thin exterior fat covering that very long, flat, and tapering. The chucks There is a thin covering of fat over the does not extend over the round or chucks are very flat, thin, and shallow. The rump, loin, back and top of the shoulders. 10398 FEDERAL REGISTER, Saturday, December 12, 1942 and over the inner walls of the chest and color of fat is white but it lacks the carcass and are decidedly lacking in soft­ abdomen. There are moderately large pinkish tinge. ness and redness. deposits of fat in the breast, flanks, and The flesh is usually pinkish brown in § 1364.530 Appendix E: Beef cutting crotch, and around the kidneys. All ex­ color, is slightly soft, is coarse-grained charts. terior fat is smooth. The color of fat is and, in a cut surface, is slightly moist N ote: Charts designated “ (a) Beef skeletal a creamy white tinged with pink. to the touch. A ll bones are slightly large chart” and “ (b ) Beef chart” were filed as part The flesh ranges from light gray to in proportion to the size and weight of of the original document. Copies may be pinkish brown in color. It is firm, fine­ the carcass, are moderately soft but are obtained from the Office of Price Adminis­ grained and, in a cut surface, is velvety slightly lacking in redness. tration. to sight and touch. All bones are small (d ) Utility. A utility grade veal*car­ Issued this 10th day of December 1942. in proportion to the size and weight of cass is very deficient in conformation, the carcass and are soft and red. L eon H enderson, finish, and quality. Administrator. (b) Good. A good grade veal carcass In general shape or outline it is* very possesses a moderately high degree of rough and rangy. It is very narrow and [F. R. D9C. 42-13125; Filed, December 10,1942; conformation, finish, and quality. shallow in proportion to its length. All 4:18 p. m.] In general shape or outline it tends to parts are very deficient in fleshing, each be blocky and compact. It is moderately part being proportionately lacking in this broad and deep in proportion to its respect. Because of the relative thin­ length. All parts are moderately thick- ness of fleshing the carcass presents a TITLE 43—PUBLIC LANDS; INTERIOR fleshed each part having its proper pro­ very depressed or hollowed-out appear­ portionate thickness. Because of the ance. The different parts are developed Chapter I—General Land Office thickness of fleshing, the carcass pre­ and balanced in such a way as to result Subchapter L—Mineral Lands sents a moderately plump, full, well- in a very low proportion of back, loin, [Circular No. 1519] rounded appearance. The different and round combined. parts are developed and balanced in such The shanks are very long and thin. P art 195— Sodium P ermits and L eases a way as to result in a moderately high Rounds are very thin and tapering. EXPIRATION OF SODIUM PROSPECTING PERMITS proportion of back, loin, and round com­ Loin and back are very shallow and de­ bined. pressed. Shoulders and breast are very Section 195.11 of Title 43 of the Code The shanks are moderately short and narrow and thin. The neck is very long of Federal Regulations is hereby thick. Rounds áre moderately thick and and thin. amended by eliminating therefrom the bulging. Loin and back are moderately There is no fat covering over the back, words “ patent or” in the second sentence. full and plump. Shoulders and breast loin, or inner walls of the chest and F red W. Johnson, are moderately broad and thick. The abdomen. Usually there are extremely Commissioner. neck is moderately short and thick. small deposits of fat in the breast, flanks, Approved: November 24,1942. There is a very thin covering of fat and crotch, and around the kidneys. over the loin and back and over the in­ Oscar L. Chapman, The color of the fat usually is grayish Assistant Secretary. ner walls of the chest and abdomen. . white tinged with yellow. There are slightly small deposits of fat The flesh ranges from pinkish brown [F. R. Doc. 42-13120; Filed, December 10,1942; in the breast, flanks, and crotch, and to dark tan in color, is soft, very coarse­ 12:49 p. m.] around the kidneys. All exterior fat is grained and, in a cut surface, is very moderately smooth. The color of fat is moist to the touch. A ll bones are large usually a creamy white. The flesh in proportion to the size and weight of ranges from a pinkish brown to a light the carcass, are moderately soft but are TITLE 46-SHIPPING tan in color, is moderately firm, fine­ lacking in redness. grained and, in a cut surface, is mod­ (e) Cull. A cull grade veal carcass is Chapter II—Coast Guard: Inspection and erately velvety but may be slightly moist extremely deficient in conformation, Navigation to sight and touch. All bones are mod­ finish, and quality. Sub<^iapter O—Regulations Applicable to Certain erately small in proportion to' the size In general shape or outline it is ex­ Vessels and Shipping During Emergency and weight of the carcass and are mod­ tremely rough and rangy. It is ex­ P art 153— Boats, R afts, and L ifesaving erately soft and red. tremely narrow and shallow in pro­ A ppliances; R egulations D uring (c) Commercial. A commercial grade portion to its length. All parts are veal carcass is slightly deficient in con­ extremely deficient in fleshing, each part Emergency formation, finish, and quality. being proportionately lacking in. this EMERGENCY FISHING KIT In general shape or outline it is slightly respect. Because of the relative thin­ rough and rangy. It is slightly narrow ness of fleshing the carcass presents an By virtue of the authority vested in and shallow in proportion to its length. extremely shallow, depressed, or hol­ me by R. S. 4405, 4417a, 4488,.4491, 49 All parts are slightly deficient in fleshing, lowed-out appearance. The diffèrent Stat. 1544 (46 U.S.C. 375, 391a, 481, 489, each part being proportionately lacking parts are developed and balanced in 367), and Executive Order 9083, dated in this respect. Because of the relative such a way as to result in an extremely February 28, 1942 (7 F.R. 1609), the fol­ thinness of fleshing the carcass presents low proportion of back, loin, and round lowing amendments to the Emergency a slightly empty, sunken, or hollowed-out combined. Regulations are prescribed: appearance. The different parts are de­ The shanks are extremely long and Section 153.6 (s') is amended to read veloped and balanced in such a way as thin. Rounds are extremely thin and as follows [6 F.R. 6713, 7 F.R. 1697, 2908, to result in a slightly low proportion of ■ tapering. Loin and back are extremely 7617, 96401: depressed. Shoulders and breast are ex­ back, loin, and round combined. % 153.6 Additional equipment for life­ tremely narrow and thin. The neck is The shanks are slightly long and thin. boats on ocean and coastwise ves­ extremely long and thin. Rounds are slightly thin and tapering. sels. * * * Loins and back are slightly depressed. There, is no fa t covering over any part Shoulders and breast are slightly narrow of the exterior of the carcass and none (s) Fishing kit. On every ocean vessel and thin. The neck is slightly long and on the inner walls of the chest and abdo­ of over 3,000 gross tons there shall be thin. men. There are no discernible fat de­ provided in .each lifeboat one approved There are extremely thin patches of posits in the breast, flanks, or crotch, fishing kit consisting of the following fat over the back and loin and over a por­ and only extremely small quantities equipment: tion of the inner walls of the chest and around the kidneys. 1 lampwick _jig, complete with 9/0 hook, abdomen. There are very small deposits H ie flesh usually is reddish brown in wire leader, swivel and lock-fast snaps. of fat in the breast, flanks, and crotch, color, is very soft, coarse-grained and 1 feather jig, complete with 8/0 hook, wire and around the kidneys, the latter watery. All bones are very large in pro­ leader, swivel and lock-fast snaps. 100' 36-thread hawser laid tarred line. usually being incompletely covered. The portion to the size and weight of the FEDERAL REGISTER, Saturday, December 12, 1942 10399

1 two-tined fish grain with ferrule and mobile and portable transmitters in the mission and reception, and such other eye, hot rolled steel tempered. coordinated communication system. facts and circumstances- which in the Note: All of the above shall stand a mini­ belief of the applicant show the need for FREQUENCIES AND POWER “ mum test of 90 lbs. the facilities requested in the application. 12 assorted hooks, two # 3 , two # 2 , two § 10.41 State arid municipal police #1, two #1/0, two #3/0, and two #6/0. stations (frequencies below 2500 kilo­ § 10.42 State and municipal police cycles. (a) The following frequencies stations ( 30,000 to 40,000 kilocycles). All materials shall be protected against are allocated for use by State and munic­ The following frequencies are allocated or resistant to corrosion. ipal police stations and are available for assignment to municipal and State This material shall be packed in a for assignment within specified geo­ police stations: water-proof can with the following in­ graphical areas: Group A scription: “Emergency Pishing Kit— Open Only for Actual Emergency Use 1610 kc.4 1674 kc. 2326 kc.4 2442 kc. 30700 kc.‘ 33100 kc. 35500 kc. 39100 kc. or For Inspection” . 1618 kc.4 1682 kc. 2366 kc.4 2450 kc. 31100 kc. 33940 k c .. 37500 kc. 39900 kô. 1626 kc.4 1690 kc.4 2382 kc. 2458 kc. 31900 kc. Section 153.7 is amended by the ad­ 1634 kc.4 1698 kc.4 2390 kc.4 2466 kc. Group B dition of a new paragraph (j) reading 1642 kc.4 1706 kc.4 2406 kc. 2474 kc. as follows [6 P. R. 6714, 7 F. R. 605, 1650 kc. 1714 kc. 2414 kc. - 2482 kc. 31500 kc. 35900 kc. 37900 kc. 39500 kc. 1658 kc. 1722 kc. 2422 kc. 2490 kc. 33500 kc. 37100 kc. 1697, 2908, 7618, 96401: 1666 kc. 1730 kc. 2430 kc. Group C § 153.7 Additional equipment for life 4 Subject to the condition that no inter­ rafts ■ on ocean and coastwise Ves­ ference is caused to Canadian stations. 30580 kc. 33220 kc. 35220 kc. 39380 kc. sels. * * * 30980 kc. 33780 kc. 37220 kc. (j) Fishing kit. On every ocean ves­ (b) The power authorization re­ 31780 kc. 35100 kc. 37780 kc. sel of over 3,000 gross tons there shall quested by an applicant shall be the mini­ Group D be provided in each life raft one ap­ mum power required for satisfactory 35780 kc. 37380 kc. 39180 kc. 39780 kc. proved fishing kit consisting of the fol­ technical operation considering the size lowing equipment: of the area to be served and the local (a) The frequencies in Groups A and conditions which affect radio transmis­ B are available for assignment to land 1 lampwick Jig, complete with 9/0 hook, sion and reception. wire leader, swivel and lock-fast snaps. and portable municipal and State police 1 feather Jig, complete with 8/0 hook, (1) The power which may be author­ stations. Mobile arid portable-mobile wire leader, swivel and lock-fast snaps. ized for use by municipal police stations' ^sfêTtions, however, may be authorized to 100' 36-thread hawser laid tarred line. when operating on the frequencies listed^ operate on the frequency assigned to the 1 two-tined fish grain with ferrule and in paragraph (a) of this section, nor­ land station with which their communi­ eye, hot rolled steel tempered. mally will be based on the latest official cations are coordinated. Note: All of the above shall stand a mini­ record of the Department of Commerce (b) The frequencies in Group C are mum test of 90 lbs. showing the total population of the area available for assignment to mobile and 12 assorted hooks, two #3, two #2, two to be served in accordance with the fol­ portable-mobile municipal police sta­ #1, two #1/0, two #3/0, and two #6/0. lowing table: tions. They are also available for assign- Ail materials shall be protected against Maximum, power merit to portable municipal police sta­ or resistant to corrosion. Population of area: in watts tions having a power output not in excess This material shall be packed in a Under 100,000...... 50 of 5 watts. 100.000 to 200,000...... 100 metal water-proof can with the follow­ 200.000 to 300,000______150 (c) The frequencies in Group D are ing inscription: “Emergency Fishing 300.000 to 400,000______200 available for assignment to mobile and Kit—Open Only For Actual Emergency 400,000'to 500,000______250 portable-mobile State police stations. Use or For Inspection” . 500.000 to 600,000______300 They are also available for assignment 600.000 to 700,000...... _...... 400 L. T. C h alk er , to portable State police stations having a Acting Commandant. Over 700,000______500 power output not in excess of 5 watts. (d) Frequency assignments to a mu­ D ecember 10, 1942. (2) The power which may be author­ ized for use by State police stations when nicipality or State normally will be [P. R. Doc. 42-13187: Piled, December llr, 1942; operating on the frequencies listed in limited to one frequency in Group A or B 11:09 a. m.] paragraph (a) of this section normally and to one frequency in Group C or D, will not exceed 500 watts. respectively. Requests for assignment of (c) In the event that the maximum additional frequencies must be supported TITLE 47—TELECOMMUNICATION power available under the limitations of by a satisfactory showing of need which Chapter I— Federal Communications paragraph (b) of .this section is insuffi­ shall include a statement specifying and Commission cient to provide reliable communcations describing the area to be served, number over the desired service area, the Com­ of radio-mobile units, peak message P art 10— R u l e s G o ver n in g E m er g en c y mission, upon receipt of proper applica­ traffic load, and such other facts and R adio S ervices tion, may authorize the operation of one circumstances which, in the belief of the applicant, show the need for the addi­ miscellaneous am e nd m e n ts or more stations at approved locations tional frequency or frequencies re­ The Commission on December 8, 1942, having a power not in excess of that specified; or may authorize the use of quested. effective immediately, amended the fol­ (e) The power authorization re­ lowing sections of Part 10: power in excess of that specified subject to the condition that serious interference quested by an applicant shall be -the § 10.31 Individual and blanket appli­ is not caused to the service of stations minimum power required for satisfac­ cations. Individual applications for in­ operating on the same or adjacent fre­ tory technical operation considering the struments of authorization shall be sub­ quencies and under such limitations and size of the area to be served and the mitted for each land station. Blanket restrictions as may be prescribed in in­ local conditions which affect radio applications for construction permit for dividual cases; Provided, That the appli­ transmission and reception. The power identical mobile, portable-mobile, or cant makes a satisfactory showing of which may be authorized for operation Portable transmitters may be submitted need including statements relative to the on the frequencies in Groups A and B by a single applicant to cover equipment size of the area to be served, the distribu­ normally will not exceed 250 watts. In to be used in a single coordinated com­ tion of associated mobile radio units, the event that this power is insufficient munication system. A blanket applica­ local conditions which affect radio trans- to provide reliable communication over tion for radio station license or modifica­ the desired service area, the Commis­ tion of license may be submitted by a 14 Additional provisions relating to power sion, upon receipt of proper applica­ smgle applicant to cover the transmitter may be found in Sections 2.17 to 2.21, 2.79, tion, may authorize the operation of one of the station in control of the communi­ and 2.80 of Part 2, General Rules and Regu­ or more stations at approved locations cation network and the mobile, portable- lations. having a power not in excess of 250 10400 FEDERAL REGISTER, Saturday, December 12, 1942

watts; or may authorize the .use of ments must rim for a definite period of [Order No. 77-B] power in excess of 250 watts for opera­ time and notice of the termination of P art 12— R u l e s G o ver n in g A mateur tion on a frequency in Group A only, such agreements must be given to the R a d io : S tatio ns and O perators subject to the condition that serious Commission not less than 60 days prior interference is not caused to the serv­ to cessation of service. P art 13— R u l e s G o v e r n in g C ommercial R adio O perators ice of stations operating on the same The Commission deleted the existing or adjacent frequencies; and under § 10.121 Power; § 10.122 Additional pow­ SUSPENDING CERTAIN PROVISIONS CONCERN­ such limitations and restrictions as may er; § 10.124 Cooperative use of frequen­ ING RENEWALS OF LICENSES be prescribed in individual cases: Pro­ cies; § 10.125 Service which may be ren­ A t a session of the Federal Communi­ vided, That the applicant makes a sat­ dered; § 10.151 Power; § 10.233 Tests. cations Commission held at its offices in isfactory showing of need including The following new* sections were Washington, D. C., on the 8th day of statements relative to the size of the adopted: December, 1942, area to be served, the distribution of The Commission having under consid­ associated mobile radio units, local con­ § 10.112 Portable stations. When eration its Rules Governing Amateur ditions which affect radio transmission portable stations in the Emergency Radio Stations and Operators and its and reception, and such other facts and Service are moved from one radio in­ Rules Governing Commercial Radio Op­ circumstances which, in the belief of spection district to another, for any erators, with particular reference to the the applicant, show the need for the purpose, the licensee shall notify the provisions concerning renewals; and facilities requested in the application. Commission in Washington, D. C. A copy of such notice shall be furnished It appearing that present conditions § 10.44 Zone and interzone. [Delete simultaneously to the Commission’s in ­ render it difficult for commercial radio the word “control” from the paren­ spectors in Charge of the respective operators and for amateur radio station thetical phrase in paragraph (a).] districts. licensees and operators to make a show­ ing of service or use required for renewal § 10.48 Assigned frequencies non­ § 10.121 Service which may be ren­ of license; and that such difficulty will exclusive. Frequencies allocated for use dered. Municipal police stations, al­ be accentuated in many instances due to by stations in the Emergency Radio though licensed primarily for communi­ Service will not be assigned exclusively military service: cation with mobile police units, may That §§ 12.26 and 12.661 to any applicant. All stations in this It is ordered, transmit emergency messages to other of the Rules Governing Amateur Radio service are required to cooperate in the mobile units such as fire department ve­ and § 13.28 * of the Rules Governing selection and use of the designated fre­ hicles, private ambulances, and repair Commercial Radio Operators, insofar as quencies, to avoid interference, and to units of public utilities, in those cases the required showing of service or use make the most effective use of the fre­ which require cooperation or coordina­ of license is concerned, be, and they are quencies assigned. tion with police activities. In addition, hereby, suspended until further order of § 10.72 Operating tests. All classes such stations may communicate among the Commission, but in no event beyond T>f stations in the Emergency Radio themselves provided (a) that no inter­ January 1, 1944. Service are permitted to make such ference is caused to the mobile service, This order shall become effective Jan­ tests as may be required for the proper and (b) that communication is limited uary 1, 1943. to places between which, by reason of maintenance of the stations and the [ se al] F ederal C o m m u n ic a ­ their close proximity, the use of police communication systems, provided that t io n s C o m m is s io n . all necessary precautions are taken to radiotelegraph stations is impracticable. Municipal police stations shall not en­ T. J. S l o w ie , avoid interference with other stations, Secretary. and provided further that such testing gage in point-to-point radiocommunica­ shall not exceed the minimum neces­ tion beyond the good service range of the [F. R. Doc. 42-13184; Filed, December 11,1942; sary to insure reliable communication. transmitting station. The transmission 10:47 a. m.J or handling of messages requiring radio­ § 10.123 Coordinated service. Any telephone relay or the relaying of such P art 61— T ariffs (R u l e s G overning the applicant for an instrument of authori­ méssages is prohibited; Provided, how­ C onstruction , F il in g and P osting of zation who proposes tQ furnish a co­ ever, That after proper showing and in S c h ed u les o f C harges for I nterstate ordinated police radiocommunication unusual circumstances the Commission and F o reign C ommunication S ervice service to one or more municipalities, may, in specific instances, authorize com­ counties, or governmental agencies, munication routes involving such relays. LETTERS OF TRANSMITTAL other than the applicant, must make Point-to-point communication between The Commission on December 8, 1942, specific formal request for authority to stations in the same local telephone ex­ effective immediately, amended § 61.33 furnish such service. Applications for change area is likewise prohibited unless Letters of transmittal as follows: such authority should contain a full the messages to be transmitted are of After, the words “ (F. C. C. Concurrence and complete description of the service immediate importance to mobile units. No. ______, effective ______to be rendered, including information 19__) etc." insert “ (Here give a state­ § 10.122 Emergency communication as to whether one-way dispatching ment showing in detail the reasons for Within the scope of service to mobile units or two-way with other stations. all changes in charges or regulations and, radiocommunication service is to be pro­ service permitted, municipal and State in case any such change results in in­ police stations may be used to communi­ vided. I f two-way service is contem­ creased charges, the facts upon which the cate with government stations, stations plated, the applicant should state carried relies in justification thereof.)” whether the licensee of the portable- in the War Emergency Radio Service or Below the word “ (T itle) ” insert “ (Here mobile radio units involved will be the with other stations which are author­ append verification in case any change proposed subscriber or the applicant. ized to communicate with municipal and results in increased charges.) ” Applications -for authority to render State police stations, in those cases which coordinated service must be accom­ require cooperation or coordination of (Sec. 4 (i), 48 Stat. 1068; 47 U.S.C. 154 panied by duplicate copies, under oath, activities. ( i ) ; sec. 203, 48 Stat. 1070; 47 U.S.C. 203) By the Commission. of all agreements relating to the service (Sec. 4 (i), 48 Stat. 1068; 47 U.S.C. 154 [ seal] T. J. S l o w ie , - to be rendered. Such agreements must (i) ) be in writing, must clearly set forth Secretary. By the Commission. what service is to be rendered, and in­ [F. R. Doc. 42-1318^; Filed, December 11,1942; clude a statement as to ownership, con­ [ se al] T. J. S l o w ie , 10:47 a. m.] trol and maintenance of the equipment, Secretary. and what charge or charges, if any, will [F. R. Doc. 42-13183; Filed, December 11,1942; 16 F JR. 2657, 6274. be made for the service. Such agree­ 10:47 a. m.] * 6 F.R. 6274. FEDERAL REGISTER, Saturday, December 12, 1942 10401

TITLE 50—WILDLIFE 2 E., and all the waters in the Panacea Order No. 91461 of April 24, 1942, It is Unit of the refuge in T. 5 S., Rs. 2 and 3 ordered as follows: Chapter I—Fish and Wildlife Service W., and T. 6 S., R. 2 W., Tallahassee Subject to valid existing rights, Execu­ Part 12—Administration op National Meridian. tive Order No. 5827 of March 28, 1932, (b) Any person W ildlife R efuges: G eneral R egula­ State fishing laws. withdrawing public lands for use of the who fishes within the refuge must com­ tions War Department under uthority of the ply with the applicable fishing laws and TULE LAKE NATIONAL WILDLIFE REFUGE, regulations of the State of Florida. Fish­ act of June 25, 1910, 36 Stat. 847, as CALIFORNIA, TRAPPING PERMITS ing under this regulation shall be by amended by the act of August 24, 1912, hook and line (including rod and reel) 37 Stat. 497 (U.S.C., title 43, secs. 141- Under authority of sectioir 10 of the only, as defined by State law, and the use 143) , is hereby amended so as to with­ Migratory Bird Conservation Act, of Feb­ of trot and set lines and other similar draw the lands described in such order ruary 18, 1929 (45 Stat. 1222; 16 U.S.C. contrivances is prohibited. 715i), the following is ordered: from all forms of appropriation under (c) Fishing licenses and permits. Any Paragraph (b) (1) Trapping per­ the public-land laws, including the min­ person who fishes within the refuge shall , of § 12.17 ing laws. mits Sale of surplus animals be in possession of a valid fishing license of the Regulations for the H arold L. I ckes, and products, issued by the Florida Commission of Administration of National Wildlife Game and Fresh Water Fish, if such a Secretary of the Interior. Refuges under the jurisdiction of the license is required. This license shall N ovember 30,1942. Fish and Wildlife Service, dated Decem­ serve as a Federal permit for fishing in ber 19,1940,1 is hereby amended by strik­ the specified waters of the refuge and [F. R. Doc, 42-13117; Filed, December 10,1942; 12:49 p. m.J ing out the period at the end of the sub- must be carried on the person of the paragraph, inserting a colon, and adding licensee while so fishing. The license the following: “Provided, That permits must be exhibited upon the request of to trap on the Tule Lake National Wild­ any representative of the Florida Com­ life Refuge, California, may be issued to mission of Game and Fresh Water Fish# [Public Land Order 66] persons who have lived for 6 months last or of the Fish and Wildlife Service. past in Oregon and who otherwise com­ id.) Routes of travel. Personsentering U tah ply with the provisions of this subpara­ the refuge for the purpose of fishing WITHDRAWING PUBLIC LANDS FOR USE OF graph.” shall follow such routes of travel as may THE WAR DEPARTMENT AS AN ORDNANCE Oscar L. Chapman, be designated by suitable posting by the STORAGE DEPOT •* Assistant Secretary of the Interior. officer in charge of the refuge. (e) Use of boats. Persons may use By virtue of the authority vested in November 26, 1942. boats (other than motorboats) for fish­ the President and pursuant to Executive [F. R. Doc. 42-13105; Filed, December 10, 1942; ing in the specified waters of the refuge Order No. 91461 of April 24, 1942, and 12:50 p. m.] between May 1 and September 15, inclu­ to section 1 of the act „of June 28, 1934, sive, and shall possess a permit issued by as amended, c. 865, 48 Stat. 1269 (U.S.C., the officer in charge of the refuge for the use of such boats. Boats (other than title 43, sec. 315), it is ordered as follows: motorboats) or floating craft used for Subject to valid existing rights, the Part 27— Southeastern R egion N ational fishing purposes may be placed on the public lands in the following-described W ildlife R efuges waters of the refuge only at such points areas are hereby withdrawn from all ST. MARKS NATIONAL WILDLIFE REFUGE, as may be designated by suitable posting forms of appropriation under the public- FLORIDA, FISHING REGULATIONS by the officer in charge. The use of land laws, including the mining and min­ motorboats, either inboard or outboard, eral leasing laws, and reserved for the Under authority of section 10 of the is prohibited on all waters of the refuge use of the War Department as an Ord­ Migratory Bird Conservation Act of Feb­ except for official purposes. nance Storage Depot: ruary 18, 1929 (45 Stat. 1222; 16 U.S.C. (f) Temporary restrictions. During 715i), as amended, and in extension of periods of waterfowl concentrations on Salt L ake M eridian § 12.3 of the Regulations for the Admin­ the refuge, fishing will not be permitted T. 6 S„ R. 4W., istration of National Wildlife Refuges in such areas of the refuge as, in the sec. 4, S%; under the Jurisdiction of the Fish and judgment of the officer in charge, should sec. 5, lots 3 and 4, Sy2NW^, and S%; Wildlife Service, dated December 19, be closed to fishing in order to provide secs. 8 and 9; 1940,1 the following is hereby ordered: adequate protection for such waterfowl sec. 15, Wi/2: concentrations and are posted suitably secs. 16, 17, 20, and 21; § 27.797 St. Marks National Wildlife by such officer. sec. 22, V?y2; sec. 27, W % ; Refuge, Florida; fishing. Noncommer­ O scar L. C h a p m a n , cial fishing is permitted during the day­ secs. 28 and 29. Assistant Secretary of the Interior. The areas described, including both publio light hours from May 1 to October 15, N ovember 27, T942. and non-public lands, aggregate 6,879.41 inclusive, of each year '• in the waters, acres. hereinafter specified, of the St. Marks [F. R. Doc. 42-13106; Filed, December 10,1942; National Wildlife Refuge, Florida, in 12:50 p. m.J The order of the Secretary of the In­ accordance with the provisions of the terior of April 8, 1935, establishing Utah Regulations for the Administration of Grazing District No. 2, is hereby modified National Wildlife Refuges under the Notices to the extent necessary to permit the use Jurisdiction of the Fish and W ildlife of the lands as herein provided. Service, dated December 19, 1940/ and It is intended that the lands described herein shall be returned to the adminis­ subject to the following conditions, re­ DEPARTMENT OF THE INTERIOR. strictions, and requirements: tration of the Department of the Interior, (a) Waters open to fishing. All the General Land Office when they are no longer needed for the waters in the following-described lands [Public Lajid Order 65] purpose for which they are reserved. of the United States within the St. Marks H arold L. I ckesv- C alifo r n ia National Wildlife Refuge shall be open Secretary of the Interior. to fishing: The East River Mounds and AMENDING EXECUTIVE ORDER NO. 58 2 7 OF N ovember 30, 1942. Main pools in sections 4, 8, 9, 10, 15, 16, MARCH 28 , 1 9 3 2 , WITHDRAWING PUBLIC LANDS FOR USE OF THE WAR DEPARTMENT [F. R. Doc. 42-13118 Filed, December 10, 1942; 17, 20, 21, 22, 27, 28, and 29, T. 4 S., R. 12:49 p. m .l . By virtue of the authority vested in J5 F.R. 5284. \ the President and pursuant to Executive » 7 F.R. 3067. 10402 FEDERAL REGISTER, Saturday, December 12, 1942

[Public Land Order 67] may be under his general supervision. tion No. Bl-P-1679, and the financial In the absence of the Area Director, the outlay that would be necessary to com­ N ew M exico authority hereby conferred upon him plete the construction heretofore au­ RESERVING MINERALS BELONGING TO THE may be exercised by the Acting Area thorized. UNITED STATES FOR USE IN CONNECTION Director. 2. To determine what construction, if WITH THE PROSECUTION OF THE WAR [ s e a l] C. B . B a l d w in , any, was undertaken prior to April 27, By virtue of the authority vested in Administrator. 1942, in connection with the permit au­ the President, and pursuant to Executive N ovember 5, 1942. . thorized in the grant of application No. Order No. 91461 of April 24,1942, it is [F. R. Doc. 42-13193; Filed, December 11,1942; Bl-P-1679* ordered as follows: 11:34 a. m.] 3. To determine what materials and Subject to valid existing rights, the equipment the applicant has on hand or minerals belonging to the United States available for the construction authorized in the following-described patented land MISSISSIPPI by permit No. Bl-P-1679 and what addi­ are hereby withdrawn from all forms of appropriation under the mineral leasing DESIGNATION OF LOCALITIES FOR LOANS tional materials and equipment, if any, would be necessary for the completion laws, and reserved under the jurisdiction Designation of localities in county in of the Secretary of the Interior for use which loans, pursuant to Title I of the thereof. in connection with the prosecution of Bankhead-Jones Farm Tenant Act, may 4. To determine whether the granting the war: be made. of this application would be consistent N ew Mexico P rincipal Meridian In accordance with the rules and reg­ with the policy announced by the Com­ ulations promulgated by the Secretary of mission: in its Memorandum Opinion T. 22 S., R. 29 E„ . sec. 1, Ey2 SW 14.SE y±. Agriculture on July 1, 1941, as extended dated April 27, 1942. The area described contains 20 acres. by Supplement 2 of Secretary’s Memo­ 5. To determine whether Station randum No. 867 issued as of July 1,1942, WLAN, operating as proposed, would This order shall take precedence over, loans made in the county mentioned provide primary service to (a) the busi­ but shall not rescind or revoke, the order herein, under Title I of the Bankhead- ness districts of Endicott and Bingham­ of withdrawal, Potash Reserve No. 6, New Jones Farm Tenant Act, may be made ton, New York, (b) the residential dis­ Mexico No. 1, of March 11, 1926, so far within the localities herein described and tricts of Endicott and Binghamton, New as such order affects the above-described designated. The value of the average York, and (c) the'metropolitan district lands. farm unit of thirty acres and more in of Binghamton, New York, as contem­ H arold L. I ckes, each of these localities has been deter­ plated by the Standards of Good Engi­ Secretary of the Interior. mined in accordance with the provisions neering Practice. D ecember 1, 1-942. of the said rules and regulations. A de­ 6. To determine whether the construc­ scription of the localities and the deter­ tion proposed in the instant application [F. R. Doc. 42-13119; Filed, December 10,1942; mination of value for each follow: would comply with the conditions of the 12:49 p. m.] R e g i o n VI— M i s s i s s i p p i grant to applicant of March 11, 1941, with reference to the transmitter loca­ . Yalobusha County tion and antenna system and the instal­ Locality I— Consisting of beat I ------$1,602 lation of such synchronous amplifiers as DEPARTMENT OF AGRICULTURE. Locality ir —Consisting of beats 2, 3, may be necessary to cover the Endicott- Farm Security Administration. 4, and 5______1.308 Binghamton business districts. 7. To determine the areas and popu­ [Adm. Letter 615; Class. 476] The purchase price limit previously established for the county above-men­ lations which would receive primary Delegation of Authority to Denver tioned is hereby cancelled. service from Station WLAN, operating as Area Director Approved, December 9, 1942. proposed, and the primary service now available to such areas and populations. Pursuant to authority duly delegated [ s e a l] CL B. B a l d w in , to me, in connection with the authority Administrator. 8. To determine whether, in view of presently vested in, or hereafter con­ the evidence adduced upon the foregoing ferred upon, the Farm Security Admin­ [F. R. Doc. 42-13194; Filed, December IT, 1942; issues, public interest, convenience and istration incident to the construction, 11:34 a. m.] necessity would be served by the grant­ maintenance, and operation »of water ing of this application. conservation and utilization projects es­ The application involved herein will tablished under the authority of the Act not be granted by the Commission unless of August 11, 1939 (53 Stat. 1418), as FEDERAL COMMUNICATIONS COM­ the issues listed above are determined in amended by the Act of October 14, 1940 MISSION. favor of the applicant on the basis of a record duly and properly made by (54 Stat. 1119), or of the Interior De­ [Docket No. 6453] partment Appropriation Act, 1940, item means of a formal hearing. “Bureau of Reclamation,” sub-item T h o m as J. W atso n, (WLAN) The applicant is hereby given the op­ portunity to obtain à hearing o"h such “Water Conservation and Utility Proj­ ORDER DENYING PETITION AND NOTICE OF issues by filing a written appearance in ects” (53 Stat. 685, 719), or of acts HEARING amendatory thereof or supplementary accordance with the provisions of § 1.382 thereto, I hereby authorize the Area Di­ In re application of Thomas J. Watson (b) of the Commission’s Rules of Practice rector of the Farm Security Administra­ (W LAN ), dated July 19, 1941, for modi­ and Procedure. Persons other than the tion at Denver, Colorado, on behalf of the fication of construction permit; class of applicant who desire to be heard must United States of America and with re­ service, broadcast; class of station, file a petition to intervene in accordance spect to project lands and property, to broadcast; location, Endicott, New York; with the provisions of § 1.102 of the participate in negotiations, to sign peti­ operating assignment specified: Fre­ Commission’s Rules of Practice and tions, to vote in elections, and to take quency, 1,450 kc; power, 250 w; hours of Procedure. other action for the organization, oper­ operation, unlimited. The applicant’s address is as follows: ation, or dissolution of irrigation dis­ You are hereby notified that the Com­ Thomas J. Watson, Radip Station WLAN, tricts, or similar types of organizations, mission on October 80, 1942, denied the 590 Madison Avenue, New York, N. Y. insofar as he shall deem necessary or petition of the applicant filed pursuant Dated at Washington, D. C., December expedient for the successful prosecution to the Memorandum Opinion of the 9, 1942. of such proj ects. The Area Director may, Commission of April 27, 1942, and desig­ By the Commission. from time to time, subdelegate all or any nated the above-entitled matter for [ se al! T. J. S l o w ie , part of the authority hereby vested in hearing upon the following issues: Secretary. him to such employee, or employees, as 1. To determine what expenditures, if any, were made prior to April 27, 1942, [F. R. Doc. 42-13182; Filed, December 11, 1942; 10:47 a. m.] 17 F.R. 306?. in connection with the grant of applica- FEDERAL REGISTER, Saturday, Decem ber 12, 1942 10403

OFFICE OF ALIEN PROPERTY CUS­ be determined that such return should suant to law, the Alien Property Cus­ TODIAN. be made or such compensation should todian after investigation, [Vesting Order 435] be paid. Finding that— Any person, except a national of a Certain Securities of N. V. H andel - (1) The property and Interests hereinafter designated enemy country, asserting any M aatschappij “ W aldorf” described are property which is in the process claim arising as a result of this order of administration by Central Trust Company, Under the authority of the Trading may file with the Alien Property Cus­ of Lansing, Michigan, Executor, acting under with the Enemy Act, as amended, and todian a notice of his claim, together the judicial supervision o;f Probate Court of Executive Order No. 9095, as amended, with a request for a hearing thereon, on the State of Michigan, in and for the County and pursuant to law, the undersigned, Form APC-1, within one year from the of Ingham; after investigation, finding that the date hereof, or within such further time (2) Such property and interests are pay­ property described as follows: as may be allowed by the Alien Property able or deliverable to, or claimed by nationals of a designated enemy country, Germany, Those certain securities listed and described Custodian. Nothing herein contained namely, Karl Preiss, Sr., and Karl Preiss, Jr., in Exhibit A attached hereto and made a part shall be deemed to constitute an admis­ whose last known addresses are Obergleen, hereof, sion of the existence, validity or right to Kreis Alfeld Oberhessen, Germany; Elsa is property which is payable or deliver­ allowance of any such claim. Klebe, whose last known address is Da- able to, or claimed by, N. V. Handel- The terms “national” and “designated mashke, Anger 174, Frankfurt, A/M, Praun- Maatschappij “ W aldorf” , which is a enemy country” as used herein shall have heim, Germany; Gretchen Seitz, whose last Netherlands corporation having its place the meanings prescribed in section 10 of known address is Beisefoerth 121, Melungen- of business in Amsterdam, Holland, and said Executive Order. land, Germany, and Erna Lehrnickel, whose last known address is Melibocus Strasse 12, determining that to any extent that such Executed at Washington, D. C. on Frankfurt A/M, Germany; and Netherlands corporation is a person not December 4,1942. Determining that— within a designated enemy country it is [ seal] L eo T. Crow ley, (3) If such nationals are persons not controlled by or acting for or on behalf Alien Property Custodian. of or as a cloak for a designated enemy within a designated enemy country, the na­ Exhibit “a" tional Interest of the United States requires country (Germany) or a person within that such persons be treated as nationals of such country, and the national interest $5,000 Argentine Republic Co. Ext. a designated enemy country, Germany; and of the United States requires that it be $8,000 Cities Service Co. Deb. 85. treated as a national of such designated $9,000 Cities Service Co. Deb. 84. Having made all determinations and taken enemy country (Germ any), and there­ 50 shares Allied Stores Corp. Pfd. all action, after appropriate consultation and certification required by said Executive Order fore determining that it is a national of 200 shares American Power & Light Co. Cu. Pfd. or Act or otherwise, and deeming it necessary of such designated enemy country (Ger­ 200 shares American Superpower Corp. Pfd. in the national interest, many), and finding that such property- Cu. Now, therefore, the Alien Property is the subject of litigation pending in 200 shares American Tel. and Tel. Co. Cap. the Supreme Court of the State of New Par. $100. Custodian hereby vests the following York, in and for the County of New 120 shares Chesapeake Corporation Common. property and interests: York, in that certain action entitled 200 shares Chesapeake & Ohio Ry. Co. Com­ mon Par. $25. All right, title, interest, and claim of any Walter Sobernheim, Plaintiff, against N. kind or character whatsoever of Karl Preiss, V. Handel-Maatschappij “Waldorf”, De­ 150 shares Commercial Credit Co. Common Par. $10. Sr., Karl Preiss, Jr., Elsa Klebe, Gretchen fendant, in which action a warrant of 300 shares Consolidated Edison Co. N. Y. Seitz, and Erna Lehrnickel, and each of them, attachment was issued and served on _ Common. in and to the Estate of Conrad Herrmann, Chase National Bank, as custodian of the 200 shares Continental Oil Co. Capital Par $5. deceased, property listed in Exhibit A, and there­ 300 shares Deere & Company Common. to be hSld, used, administered, liquidated, after a judgment was rendered in said 200 shares General Electric Co. Common. action in favor of plaintiff and against 150 shares Great Northern Rwy. Co. Cum. sold or otherwise dealt with in the in­ defendant in the sum of $148,900.27 on Pfd. terest of and for the benefit of the June 12, 1942, and as a result of such 100 shares Inti. Nickel Co. Can. Ltd. United States. 100 shares Eennecott Copper Corp. Cap. Such property and interests and any or attachment such property has been since 200 shares Pacific Gas & Electric Co. Common the date thereof and still is in custodiale- Par $25. all of the proceeds thereof shall be held gis, being in the possession of the Sheriff 100 shares United Corp. Pref. Cu. in a special account pending further de­ of the City of New York under the judi­ 100 shares Wilson & Co. Inc. Cu. Pfd. termination of the Alien Property Cus­ cial supervision of the Supreme Court $10,000.00 Associated Gas and Electric Corp. todian. This shall not be deemed to limit of the State of New York, in and for 33,4% 1978. the powers of the Alien Property Cus­ the County of New York, and said action $10,000.00 Cities Service Convertible Deb. todian to return sUch property and in­ has evolved into the action against such 5% 1950. terests or the proceeds thereof, or to in­ $10,000.00 Hudson & Manhattan R. R. Co. 1st property and no longer against the party Ref. 4% 1960. dicate that compensation will not be defendant, and determining that under $10,000.00 Third Ave. Ry. 1st, Ref. 4% 1960. paid in lieu thereof, if and when it should such factual circumstances such prop­ 100 shares American Radiator and Standard be determined that such return should erty is encompassed within the purview Sanitary, Common. be made or such compensation should be of section 2 (f) of Executive Order No. 200 shares General Motors Corp., Common. paid. 9095, as amended, and having made all 100 shares H. L. Green Co., Common. Any person, except a national of a determinations and taken all action, af­ 200 shares North American Rayon, B. Common. designated enemy country, asserting any ter appropriate consultation and certifi­ 100 shares Penn. R. R. Corp., Common. claim arising as a result of this order cation, required by said Executive Order 100 shares Union Pacific R. R. Co., Common, may file with the Alien Property Cus­ or Act or otherwise, and deeming it 300 shares Transue and Williams Steel Forg­ todian a notice of his claim, together necessary in the national interest, hereby ing Co., Common. with a request for a hearing thereon, on vests such property in the Alien Property Form APC-1, within one year from the Custodian, to be held, used, administered, [F. R. Doc. 42-13157; Filed, December 11,1942; date hereof, or within such further time 10:37 a. m.] liquidated, sold or otherwise dealt with as may be allowed by the Alien Property in the interest of and for the benefit of Custodian. the United States. The terms "national” and “designated Such property and any or all of the [Vesting Order 437] enemy country” as used herein shall proceeds thereof shall be held in a special have the meanings prescribed in section account pending further determination Estate of Conrad H errmann 10 of said Executive Order. of the Alien Custodian. This shall not Dated: December 4, 1942. he deemed to limit the powers of the In re: Estate of Conrad Herrmann, de­ [ seal] L eo T. Crow ley, Alien Property Custodian to return such ceased— File D-28-278; E. T. Sec. 76. property or the proceeds thereof, or to Under the authority of the Trading Alien Property Custodian. indicate that compensation will not be with the Enemy Act as amended. Execu­ [F. R. Doc. 42-13168; Filed, December 11,1942; Paid in lieu thereof, if and when it should tive Order 9095 as amended, and pur­ 10:29 a. m.] No. 243------7 10404 FEDERAL REGISTER, Saturday, December 12, 1942

[Vesting Order 438] [Vesting Order 439] The terms “national” and “designated enemy country” as used herein shall E state o f M ar y E m il y Jo n e s E state of N ic h o las I strate have the meanings prescribed in section In re: Estate of Nicholas Istrate, de­ In re: Estate of Mary Emily Jones, 10 of said Executive Order. ceased— File D-57-40; E. T. Sec. 107. deceased—File D-28-1644; E. T. Sec. 443. Dated: December 4, 1942. Under the authority of the Trading Under the authority of the Trading #[ se al] L eo T. C r o w l e y , with the Enemy Act as amended, Execu­ with the Enemy Act as amended, Execu­ Alien Property Custodian. tive Order 9095 as amended, and pursu­ tive Order 9095 as amended, and pur­ suant to law, the Alien Property Cus­ [F. R. Doc. 42-13170; Filed, December 11,1942; ant to law, the Alien Property Custodian 10:29 a. m.] after investigation, todian after investigation, Finding that— Finding that— (1) The property and interests hereinafter (1) The property and interests hereinafter [Vesting Order 440] described are property which is in the process described are property which is in the process of administration by the National Bank of of administration by Fred D. Schoppman, E state of H e le n e K lau s Administrator of the estate of Nicholas Commerce of Norfolk acting under the ju ­ Istrate, acting under the judicial supervision dicial supervision of the Corporation Court In re: Estate of Helene Klaus, de­ of Alien Superior Court No. 2, Fort Wayne, of the City of Norfolk; ceased— File D-28-1452; E. T. Sec. 134. (2) Such property and interests are pay­ Indiana Under the authority of the Trading (2) Such property and interests are pay­ able or deliverable to, or claimed by, na­ able or deliverable to, or claimed by, a na­ tionals of designated enemy countries, Ger­ with the Enemy Act as amended, Execu­ tional of a designated enemy couritry, Ru­ many and Hungary, namely, tive Order 9095 as amended, and pur­ mania, namely, Nationals: Last known address suant to law, the Alien Property Cus­ Last known Marie Sarg-Binder___Kirchheim Teck, todian after investigation, National : address Württemberg, Ger­ Finding that— John Istrate ______Rumania. many. (1) The property and interests hereinafter Charlotte M. Mater— Dameran, b/G ross described are property which is in the pro­ And determining that— Llchtenau Frei­ cess of administration by Bertha A. Meadows, (3) If such national is a person not within ' staat, Danzig, Ger­ Executrix, acting under the judicial super­ a designated enemy country, the national in­ many. vision of the County Court of Douglas terest of the United States requires that such Maya Sarg-Sulyok__. j County, Nebraska; person be treated as a national of a desig­ Raczkeve Pest Fo ucca Ellen Sulyok______(2) Such property and interests are pay­ nated enemy country, Rumania; and 12, Hungary. Magor Sulyok------'_.J able or deliverable to, or claimed by, na­ Having made all determinations and taken Emma Strohmaier___ Frankenberg Hessen, tionals of a designated enemy country, Ger­ all action, after appropriate consultation and Germany. many, namely, certification, required by said Executive Order And determining that— Last known or Act or otherwise, and deeming it necessary (3) If such nationals are persons not with­ Nationals: address in the national interest, in a designated enemy country, the national Fray Hedwig Seidel______Germany. interest of the United States requires that Hermann Knauth______Germany. Now, therefore, the Alien Property Cus­ such persons be treated as nationals of desig­ .Arthur Knauth______—Germany. todian hereby yests the following prop­ nated enemy countries, Germany and Hun­ erty and interests: And determining that— gary; and, (3) If such nationals are persons not All right, title, interest, and claim of any Having made all determinations and taken within a designated enemy country, the na­ kind or character whatsoever of John Istrate all action, after appropriate consultation and tional interest of the United States requires in and to the estate of Nicholas Istrate, de­ certification, required by said Executive Order that such persons be treated as nationals of ceased, , or Act or otherwise, and deeming it necessary a designated enemy country, Germany; and to be held, used, administered, liquidated, in the national interest, Having made all determinations and taken sold or otherwise dealt with in the in­ Now, therefore, the Alien Property all action, after appropriate consultation and certification, required by said Executive terest of and for the benefit of the United Custodian hereby vests the following property and interests: Order or Act or otherwise, and deeming it States. necessary in the national interest, Such property and interests and any or All right, title, interest, and claim of any Now, therefore, the Alien Property all of the proceeds thereof shall be held kind or character whatsoever of Marie Sarg- Custodian hereby vests the following in a special account pending further de­ Binder, Charlotte M. Mater, Maya Sarg- Sulyok, Ellen Sulyok, Magor Sulyok and property and interests: termination of the Alien Property Cus­ Emma Strohmaier and each of them in and All right, title, interest, and claim of any todian. This shall not be deemed to to the ^State of Mary Emily Jones, deceased, kind or character whatsoever of F r a u Hedwig limit the powers of the Alien Property to be held, used, administered, liquidated, Seidel, Hermann Knauth and Arthur Knauth Custodian to return such property and sold or otherwise dealt with in the inter­ and each of them in and to the Estate of interests or the proceeds thereof, or to est of and for the benefit of the United Helene Klaus, deceased, indicate that compensation will not be States. to be held, used, administered, liquidated, paid in lieu thereof, if and when it should Such property and interests and any sold or otherwise dealt with in the in­ be determined that such return should or all of the proceeds thereof shall be be made or such compensation should terest of and for the benefit of the United held in a special account pending further be paid. States. determination of the Alien Property Cus­ Such property and interests and any or Any person, except a national of a todian. This shall not be deemed to designated enemy country, asserting any all of the proceeds thereof shall be held limit the powers of the Alien Property in a special account pending further de­ claim arising as a result of this order Custodian to return such property and termination of the Alien Property Cus­ may file with the Alien Property Custo­ interests or the proceeds thereof, or to todian. This shall not be deemed to dian a notice of his claim, together with indicate that compensation will not be limit the powers of the Alien Property a request for a hearing thereon, on Form paid in lieu thereof, if and when it Custodian to return such property and APC-1, within one year from the date should be determined that such return interests or the proceeds thereof, or to hereof, or within such further time as should be made or such compensation indicate that compensation will not be may be allowed by the Alien Property should be paid. paid in lieu thereof, if and when it should Custodian. be determined that such return should The terms “national” and “designated Any person, except a national of a be made or such compensation should be enemy country” as used herein shall have designated enemy country, asserting any the meanings prescribed in section 10 of claim arising as a result of this order paid. Any person, except a national of a said Executive Order. may file with the Alien Property/Cus­ designated enemy country, asserting any Dated: December 4, 1942. todian a notice of his claim, together with a request for a hearing thereon, on claim arising as a result of this order [ se al] L eo T . C r o w l e y , Form APC-1, within one year from the may file with the Alien Property Cus­ Alien Property Custodian. date hereof, or within such further time todian a notice of his claim, together [F. R. Doc. 42-13169; Filed, December 11,1942; as may be allowed by the Alien Prop­ with a request for a hearing thereon, on 10:29 a. m.] erty Custodian. Form APC-1, within one year from the FEDERAL REGISTER, Saturday, December 12, 1942 10405 date hereof, or within such further time Any person, except a national of a ests or the proceeds thereof, or to indi­ as may be allowed by the Alien Property designated enemy country, asserting any cate that compensation will not be paid Custodian. claim arising as a result of this order may in lieu thereof, if and when it should The terms “national” and “designated file with the Alien Property Custodian a be determined that such return should enemy country” as used herein shall notice of his claim, together with a re­ be made or such compensation should be have the meanings prescribed in section quest for a hearing thereon, on Form paid. 10 of said Executive Order. APC-1, within one year from the date, Any person, except a national of a des­ Dated: December 4, 1942. hereof, or within such further time as ignated enemy country, asserting any may be allowed by the Alien Prop­ claim arising as a result of this order [ seal] L eo T. C r o w l e y , Alien Property Custodian. erty Custodian. Nothing herein con­ may file with the Alien Property Custo­ tained shall be deemed to constitute an dian a notice of his claim, together with [P. R. Doc. 42-13171; Piled, December 11,1942 admission of the existence, validity or a request for a hearing thereon, on Form 10:29 a. m.] right to allowance of any such claim. APC-1, within one year from the date The terms “national” and “designated hereof, or within such further time as enemy country” as used herein shall have may be allowed by the Alien Property [Vesting Order 441] the meanings prescribed in section 10 of Custodian. said Executive Order. Certain P roperty H eld i n T rust b y t h e The terms “national” and “designated Executed at Washington, D. C., on U n io n T rust C o m p a n y of th e D istrict enemy country” as used herein shall have December 4, 1942. of C o lu m b ia , W a sh in g to n , D. C. the meanings prescribed in section 10 of [ seal] L eo T . C r o w l e y , said Executive Order. Under the authority of the Trading Alien Property Custodian. Dated: December 7, 1942. with the Enemy Act, as amended, and [ se al] L eo T. C r o w l e y , Executive Order No. 9095, as amended, [F. R. Doc. 42-13156; Filed, December 11,1942; and pursuant "to law, the undersigned, 10:37 a. m.] Alien Property Custodian. after investigation: [F. R. Doc. 42-13172; Filed, December 11,1942; 1. Finding that Alexandra von Bredow, 10:32 a. m.] Liana von Bredow, Herbert von Bredow, Leo­ [Vesting Order 445] N pold Bill von Bredow, Marguerite von Bredow, E state of B ertha T ie n k e n Maria von Bredow, Philippa von Bredow, [Vesting Order 446] Wolfgang von Bredow, and Hannah von Bre­ In re: Estate of Bertha Tienken, de­ E state of T heresa W ollenberg dow, whose last known addresses were repre­ ceased— File D-28-2707; E. T. Sec. 482. sented to the undersigned as being Potsdam, Under the authority of the Trading In re: Estate of Theresa Wollenberg, Germany, and Frederike Strachwitz, whose deceased—File D-28-3371; E.T. Sec. 1146. last known address was represented to the with the Enemy Act as amended, Execu­ undersigned as being Silesia, Germany, are tive Order 9095 as amended, and pur­ Under the authority of the Trading nationals of a designated enemy country suant to law, the Alien Property Custo­ with the Enemy Act as amended, Execu­ (Germany); dian after investigation, tive Order 9095 as amended, and pursu­ 2. Finding that all right, title, interest and Finding that— ant to law, the Alien Property Custodian estate, both legal and equitable, of each and (1) The property and interests herein­ after investigation, all of the aforesaid persons and of each and after described are property which is in the Finding that— all other nationals, whomsoever they may process of administration by the Empire be, of any and all designated enemy coun­ (1) The property and interests herein­ Trust Company, Florence Blenderman and tries, in and to that certain property held in after described are property which is in the Ion C. Holm, Executors acting under the irust by the Union Trust Company of the process of administration by the Treasurer District of Columbia, Washington, D. C., as judicial supervision of the Surrogate’s Court of the City of New York as depositary acting Trustee, under an agreement, dated March of the State of New York, in and for the under the judicial supervision of the Surro­ 11, 1930, executed by and between Waldemar County of New York; gate’s Court of the State of New York, in L. von Bredow, Hannah von Bredow, his wife, (2) Such property and interests are paya­ and for New York County; and said trust company for the benefit of ble or deliverable to, or claimed by, a na­ (2) Such property and interests are pay­ Hannah von Bredow and the children of tional of a designated enemy country, Ger­ able or deliverable to, or claimed by, nationals Waldemar L. von Bredow, is property within many, namely, of a designated enemy country, Germany, the United States owned or controlled by Last known namely, nationals of a designated enemy country National: address Last knoum (Germany) or countries; Luder Ficken______Germany. Nationals: address 3. Determining that-to the extent that Hulda Wollenberg Franche____Germany. And determining that— Cecelia Quirin Stolzke______Germany. such nationals are persons not within a (3) If such national is a person not within designated enemy country, the national in­ a designated, enemy country, the national And determining that— terest of the United States requires that such interest of the United States requires that (3) If such nationals are persons not within persons be treated as nationals of the afore­ such person be treated as a national of a des­ a designated enemy country, the national in­ said designated enemy country (Germany) ignated enemy country, Germany; and terest of the United States requires that such or countries; persons be treated as nationals of a desig­ 4. Having made all determinations and Having made all determinations and taken nated enemy country, Germany; and taken all action, after appropriate consulta­ all action, after appropriate consultation and tion and certification, required by said Execu­ certification, required by said Executive Or­ Having made all determinations and taken all action, after appropriate consultation and tive Order or Act or otherwise; and der or Act or otherwise, and deeming it nec­ 5. Deeming it necessary in the national essary in the national interest, certification, required by said Executive Or­ interest; der or Act or otherwise, and deeming it nec­ Now, therefore, the Alien Property essary in the national interest, hereby vests in the Alien Property Cus­ Custodian hereby vests the following Now, therefore, the Alien Property todian the property described in sub- property and interests: paragraph 2, to be held, used, adminis­ Custodial! hereby vests the following tered, liquidated, sold or otherwise dealt All right, title, interest, and claim of any property and interests: kind or character whatsoever of Luder Ficken All right, title, interest, and claim of any with in the interest of and for the benefit in and to the Estate of Bertha Tienken, kind or character whatsoever of Hulda Wol­ of the United States. deceased, Such property and any or all of the lenberg Franche and Cecelia Quirin Stolzke proceeds thereof shall be held in a spe­ to be held, used, administered, liquidated, and each of them in and to the Estate of Theresa Wollenberg, deceased. cial account pending further determina­ sold or otherwise dealt with in the inter­ tion of the Alien Property Custodian. est of and for the benefit of the United to be held, used, administered, liquidated, This shall not be deemed to limit the States. sold or otherwise dealt with in the inter­ powers of the Alien Property Custodian Such property and interests and any est of and for the benefit of the United to return such property or the proceeds or all of the proceeds thereof shall be States. thereof or to indicate that compensation held in a special account pending further Such property and interests and any will not be paid in lieu thereof, if and determination of the Alien Property Cus­ or all of the proceeds thereof shall be when it should be determined that such todian. This shall not be deemed to limit held in a special account pending further return should be made or such compen­ the powers of the Alien Property Custo­ determination of the Alien Property Cus­ sation should be paid. dian to return such property and inter­ todian. This shall not be deemed to 10406 FEDERAL REGISTER, Saturday, December 12, 1942 limit the powers of the Alien Property held in a special account pending further Such property and interests and any Custodian to return such property and determination of the Alien Property Cus­ or all of the proceeds thereof shall be held interests or the proceeds thereof, or to todian. This shall not be deemed to limit in a special account pending further de­ indicate that compensation will not be the powers of the Alien Property. Cus­ termination of the Alien Property Cus­ paid in lieu thereof, if and when it should todian to return such property and in­ todian. This shall not be deemed to limit be determined that such return should terests or the proceeds thereof, or to the powers of the Alien Property Cus­ be made or such compensation should be indicate that compensation will not be todian to return such property and inter­ paid. paid in lieu thereof, if and when it should ests or the proceeds thereof, or to indi­ Any person, except a national of a be determined that such return should cate that compensation will not be paid designated enemy country, asserting any be made or such compensation should be in lieu thereof, if and when it should be claim arising as a result of this order may paid. determined that such return should be file with the Alien Property Custodian a Any person, except a national of a made or such compensation should be notice of his claim, together with a re­ designated enemy country, asserting any paid. quest for a hearing thereon, on Form 'claim arising as a result of this order Any person, except a national of a des­ APC-1, within one year from the date may file with the Alien Property Custo­ ignated enemy country, asserting any hereof, or within such further time as dian a notice of his claim together with claim arising as a result of this order may may be allowed by the Alien Property a request for a hearing thereon, on Form file with the Alien Property Custodian a Custodian. APC-1, within one year from the date notice" of his claim, together with a re­ The terms “national” and “designated hereof, or within such further time as quest for a hearing thereon, on Form enemy country” as used herein shall have may be allowed by the Alien Property APC-1, within one year from the date the meanings prescribed in section 10 of Custodian. hereof, or within such further time as said Executive Order. The terms “national” and “designated may be allowed by the Alien Property Dated: December 7, 1942. enemy country” as used herein shall have Custodian. [ seal] L eo T. Crowley, the meanings prescribed in section 10 of The terms “ national” and “ designated Alien Pwperty Custodian. said Executive Order. enemy country” as used herein shall have Dated: December 7, 1942. the meanings prescribed in section 10 of [F. R. Doc. 42-13173; Filed, December 11,1942; said Executive Order. 10:32 a. m.] [ seal] L eo T. Crow ley, Alien Property Custodian. Dated: December 7, 1942. [ seal] L eo T. Crowley, [F. R. Doc. 42-13174; Filed, December 11,1942; Alien Property Custodian. [Vesting Order 447] 10:32 a. m.] [F. R. Doc. 42-13159; Filed, December 11,1942; Estate op Joseph T rifiro 10:32 a. m.] [Vesting Order 448] In .re: Estate of Joseph Trifiro, de­ ceased— File D-38-307; E. T. Sec. 311. Estate op L izzie T erppe Under the authority of the Trading In re: Estate of Lizzie Terppe, de­ [Vesting Order 449] with the Enemy Act as amended, Execu­ ceased— File D-28-1734; E. T. sec. 752. tive Order 9095 as amended, and pursu­ Under the authority of the Trading Estate op Joseph Schmitt ant to law, the Alien Property Custodian with the Enemy Act as amended, Execu­ In re: Estate of "Joseph Schmitt, de­ after investigation, tive Order 9095 as amended, and pursu­ ceased— File D-28-3378; E. T. Sec. 1142. Finding that— ant to law, the Alien Property Custodian Under the authority of the Trading (1) The property and interests herein­ after investigation, with the Enemy Act as amended, Execu­ after described are property which is in the tive Order 9095 as amended, and pursu­ process of administration by Anthony Finding that— Trifiro, Administrator acting under the ju ­ (1) The property and interests hereinafter ant to law, the Alien Property Custodian dicial supervision of the Surrogate’s Court described are property which is in the process after investigation, of the State of New York, in and for the of administration by the Pennsylvania Com­ pany for Insurance of Lives and Granting Finding that— County of Erie; (1) The property and interests hereinafter Annuities, Administrator cum testamento (2) Such property and interests are pay­ described are property which is in the proc­ annexo, acting under the Judicial supervision able or deliverable to, or claimed by, na­ ess of administration by the Treasurer of the of Orphan’s Court of Philadelphia County, tionals of a designated enemy country, Italy, City of New York as depositary acting under Pennsylvania, namely the Judicial supervision of the Surrogate’s (2) Such property and interests are pay­ Court of the State of New York, in and for Last known able to deliverable to, or claimed by, nationals New York County; Nationals: address of a designated enemy country, Germany, Antoinetta Lo Re------Italy (2) Such property and interests are pay­ namely, able or deliverable to, or claimed by, nationals Maria Bonasera______Italy Last known of a designated enemy country, Germany, And determining that— Nationals: address namely, (3) If such nationals are persons not within Herbert Rohlfs______Germany. Last known a designated enemy country, the national Lizzie Rohlfs______Germany. Nationals: address interest of the United States requires that And determining that— Ella Kaiser______*______Germany such persons be treated as nationals of a (3) If such nationals are Apersons not Gustav Geng______Germany designated enemy country, Italy; and within a designated enemy country, the na­ Otto G eng...... Germany tional interest of the United States requires Hulda Probst...... Germany Having made all determinations and taken that such persons be treated as nationals Louisa Probst______Germany all action, after appropriate consultation end Marie Probst______;______Germany certification, required by said Executive Or­ of a designated country, Germany; and der or Act or otherwise, and deeming it nec­ Having made all determinations and taken And determining that— (3) If such nationals are persons not with­ essary in the national interest, all action, after appropriate consultation and certification, required by said Executive Or­ in a designated enemy country, the national interest of the United States requires that Now, therefore, the Alien Property der or Act or otherwise, and deeming it nec­ such persons be treated at nationals of a Custodian hereby vests the following essary in the national interest. property and interests: designated enemy country, Germany; and Now, therefore, the Alien Property All right, title, interest, and claim of any Having made all determinations and taken kind or character whatsoever of Antoinetta Custodian hereby vests the following all action, after appropriate consultation and Lo Re and Maria Bonasera, and each of them property and interests: certification, required by said Executive Or­ der or Act or otherwise,-and deeming it in and to the Estate of Joseph Trifiro, de­ All right, title, interest, and claim of necessary in the national interest, ceased, any kind or character whatsoever, of Herbert Rohlfs and Lizzie Rohlfs in and to the estate Now, therefore, the Alien Property Cus­ to be held, used, administered, liquidated, of Lizzie Terppe, deceased, sold or otherwise dealt with in the in­ todian hereby vests the following prop­ terest of and for the benefit of the United to be held, used, administered, liqui­ erty and interests: States. dated, sold or otherwise dealt with in the All right, title, interest, and claim of any Such property and interests and any interest of and for the benefit of the kind or character whatsoever of Ella Kaiser, or all of the proceeds thereof shall be United States. Gustav Geng, Otto Geng, Hulda Probst, FEDERAL REGISTER, Saturday, December 12, 1942 10407

Louisa Probst and Marie Probst in and to All right, title, interest, and claim of Any All right, title, interest, and claim of any the Estate of Joseph Schmitt, deceased, kind or character whatsoever of Marie D. kind or character whatsoever of Carl Schmidt Minners and Florence A. Minners and each to be held, used, administered, liquidated, in and to the Estate of Alwine Schmidt, de­ of them in and to the Estate of Harry J. ceased, sold or otherwise dealt with in the inter­ Schmidt, deceased, est of and for the benefit of the United to be held, used, administered, liquidated, States. to be held, used, administered, liquidated, sold or otherwise dealt with in the in­ Such property and interests and any sold or otherwise dealt with in the in ­ terest of and for the benefit of the United or all of the proceeds thereof shall be terest of and for the benefit of the States. held in a special account pending further United States. Such property and interest and any or determination of the Alien Property Cus­ Such property and interests and any or all of the proceeds thereof shall be held todian. This shall not be deemed to limit all of the proceeds thereof shall be held in a special account pending further de­ the powers of the Alien Property Cus­ in a special account pending further termination of the Alien Property Custo­ todian to return such property and in* determination of the Alien Property Cus­ dian. This shall not be deemed to limit terests or the proceeds thereof, or to todian. This shall not be deemed to the powers of the Alien Property Custo­ indicate that compensation will not be limit the powers of the Alien Property dian to return such property and interest paid in lieu thereof, if and when it should Custodian to return such property and or the proceeds thereof, or to indicate be determined that such return should interests or the proceeds thereof, or to that compensation will not be paid in be made or such compensation should be indicate that compensation will not be lieu thereof, if and when it should be paid. paid in lieu thereof, if and when it should determined that such return should be Any person, except a national of a be determined that such return should made or such compensation should be designated enemy country, asserting any be made or such compensation should be paid. claim arising as a result of this order paid. Any person, except a national of a may file with the Alien Property Cus­ Any person, except a national of a designated enemy country, asserting any todian a notice of his claim, together designated enemy country, asserting any claim arising as a result of this order with a request for a hearing thereon, claim arising as a result of'this order may file with the Alien Property Custo­ on Form APC-1, within one year from may file with the Alien Property Custo­ dian a notice of his claim, together with the date, hereof, or within such further dian a notice of his claim, together with a request for a hearing thereon, on Form time as may be allowed by the Alien a request for a hearing thereon, on Form APC-1, within one year from the date Property Custodian. APC-1, within one year from the date hereof, or within such further time as The terms “national” and “designated hereof, or within such further time as may be allowed by the Alien Property enemy country” as used herein shall may be allowed by the Alien Property Custodian. have the meanings prescribed in section Custodian. The terms “national” and “designated 10 of said Executive Order. The terms “national” and “designated enemy country” as used herein shall Dated: December 7,1942. enemy country” as used herein shall have have the meanings prescribed in section the meanings prescribed in section 10 of 10 of said Executive Order. [ seal] L eo T. Crow ley, Dated: December 7, 1942. * Alien Property Custodian. said Executive Order. Dated: December 7, 1942. [ seal] L eo T. Crow ley, [P. R. Doc. 42-13160; Filed, December 11,1942; [ seal! L eo T. Crowley, Alien Property Custodian. 1Q:32 a. m.} Alien Property Custodian. [F. R. Doc. 42-13167; Filed, December 11,1942; [F. R. Doc. 42-13161; Filed, December 11, 1942; 10:29 a. m.) [Vesting Order 450] 10:33 a. m.]

E state of H arry J. Schmidt [ Vesting Order 452] In re: Estate of Harry J. Schmidt, de­ ' [Vesting Order 451] ceased—File D-28-3376; E. T. Sec. 1144. Estate op Em il Schaffald Under the authority of the Trading Estate op A lw ine Schmidt In re: Estate of Emil Schaffald, de­ with the Enemy Act as amended, Execu­ In re: Estate of Alwine Schmidt, de­ ceased— File D-28-3363; E.T. Sec. 1134. tive Order 9095 as amended, and pur­ ceased—File D-28-1702; E. T. Sec. 714. Under the authority of the Trading suant to law, the Alien Property Cus-J Under the authority of the Trading ‘with the Enemy Act as amended, Execu­ todian after investigation, with the Enemy Act as amended, Execu­ tive Order 9095 as amended, and pursu­ Finding that— tive Order 9095 as amended, and pursu­ ant to law, the Alien Property Custodian (1) The property and interests hereinafter ant to law, the Alien Property Custodian after investigation, described are property which is in the process after investigation, Finding that— of administration by the Treasurer of the (1) The property and interests hereinafter City of New York as depositary acting under Finding that— described are property which is in the process the judicial supervision of the Surrogate’s (1) The property and interest hereinafter described are property which is in the process of administration by the Treasurer of the Court of the State of New York, in and for City of New York as depositary acting under New York County; of administration by the Treasurer of the City of New York as depositary acting under the judicial supervision of the Surrogate’s (2) Such property and interests are pay­ Court of the State of New York, in and for able or deliverable to, or claimed by, na­ the judicial supervision of the Turrogate’s Court of the State of New York, in and for New York County; tionals of a designated enemy country, Ger­ (2) Such property and interests are pay­ many, namely, New York County; — (2) Such property and interest are payable able or deliverable to, or claimed by, na­ Lost known or deliverable to, or claimed by, a national'of tionals of a designated enemy country, Ger­ Nationals; address a designated enemy country, Germany, many, namely, Marie D. Minners______Germany. namely, Carl Schmidt, whose last known ad­ Last known Florence A. Minners______Germany. dress is Germany; Nationals: address And determining that— Walter Kolk______Germany. And determining that— • Werner Kolk______.______Germany. (3) If such nationals are persons not (3) If such national is a person not within within a designated enemy country, the na­ Johann Gerhard Schaffeld_____ Germany. a designated enemy country, the national in­ Maria Rath______Germany. tional interest of the United States requires terest of the United States requires that such Johann Schaffeld______Germany. that such persons be treated as nationals of person be treated as a national of a desig­ Hildegard Kolk------.___------Germany a designated enemy country, Germany; and nated enemy country, Germany; and Wilhelm Kolk ,______Germany. Having made all determinations and taken Having made all determinations and taken And determining that— all action, after appropriate consultation and Jill action, after appropriate consultation and (3) If such nationals are persons not certification, required by said Executive certification, required by said Executive Order within a designated enemy country, the na­ Order or Act or otherwise, and deeming it or Act or otherwise, and deeming it necessary necessary in the national interest, in the national Interest, tional interest of the United States requires that such persons be treated as nationals of Now, therefore, the Alien Property Now, therefore, the Alien Property a designated enemy country, Germany; and Custodian hereby vests the following Custodian hereby vests the following Having made all determinations and taken property and interests: property and interest: all action, after appropriate consultation 10408 FEDERAL REGISTER, Saturday, December 12, 1942 and certification, required by said Executive tional interest of the United States requires And determining that— Order or ^ct or otherwise, and deeming it that such person? be treated as nationals of (3) If such nationals are persons not necessary in the national interest, a designated enemy country, Germany; and within a designated enemy country, the na­ tional interest of the United States requires Now, therefore, the Alien Property Having made all determinations and taken all that such persons be treated as nationals of action, after appropriate consultation and a designated enemy country, Germany; and Custodian hereby vests the following certification, required by said Executive Or­ property and interests: der or Act or otherwise, and deeming it neces­ Having made all determinations and taken All right, title, interest, and claim of any sary in the national interest, all action, after appropriate consultation and kind or character whatsoever of Walter Kolk, certification, required by said Executive Order Werner Kolk, Johann Gerhard Schaffeld, Now, therefore, the Alien Property or Act or otherwise, and deeming it necessary Maria Rath, Johann Schaffeld, Hildegard Custodian hereby vests the following in the national interest, property and interests: Kolk and Wilhelm Kolk and each of them in Now, therefore, the Alien Property and to the Estate of Emil Schaffald, deceased. All right, title, interest, and claim of any Custodian hereby vests the following to be held, used, administered, liquidated, kind or character whatsoever of Anton Fried­ property and interests: rich Sandhagen and Emma Elisabeth D’Or­ sold or otherwise dealt with in the inter­ ville and each of them in and to the Estate All right, title, interest, and claim of any est of and for the benefit of the United of Heinrich E. F. Sandhagen, deceased. kind or character whatsoever of Elizabeth States. Bode and Richard Ritzki in and to the Such property and interests and any to be held, used, administered, liquidated, Estate of Hedwig Ritzki, deceased, sold or othenyise dealt with in the in­ or all of the proceeds thereof shall be to be held, used, administered, liquidated, held in a special account pending fur­ terest of and for the benefit of the United sold or otherwise dealt with in the inter­ ther determination of the Alien Property States. Custodian. This shall not be deemed to Such^property and interests and any est of and for the benefit of the United limit the powers of the Alien Property or all of the proceeds thereof shall be States. Custodian to return such property and held in a special account pending further Such property and interests and any interests or the proceeds thereof, or to in­ determination of the Alien Property Cus­ or all of the proceeds thereof shall be dicate that compensation will not be paid todian. This shall not be deemed to held in a special account pending further in lieu thereof, if and when it should be limit the powers of the Alien Property determination of the Alien Property Cus­ determined that such return should be Custodian to return such property and todian. This shall not be deemed to made or such compensation should be interests or the proceeds thereof, or to limit the powers of the Alien Property indicate that compensation will not be paid. Custodian to return such property and Any person, except a national of a paid in lieu thereof, if and when it should interests or the proceeds thereof, or to designated enemy country, asserting any be determined that such return should be claim arising as a result of this order may made or such compensation should be indicate that compensation will not be file with the Alien Property Custodian paid. paid in lieu thereof, if and when it should a notice of his claim, together with a re­ Any person, except a national of a des­ be determined that such return should be made or such compensation should be quest for a hearing thereon, on Form ignated enemy country, asserting any APC-1, within one year from the date claim arising as a result of this order paid. Any person, except a national of a hereof, or within such further time as may file with the Alien Property Cus­ may be allowed by the Alien Property todian a notice of his claim, together designated enemy country, asserting any Custodian. with a request for a hearing thereon, on claim arising as a result of this order The terms “national” and “designated Form APC-1, within one year from the may file with the Alien Property Custo­ enemy country” as used herein shall have date hereof, or within such further time dian a notice of his claim, together with the meanings prescribed in section 10 of as may be allowed by the Alien Prop­ a request for a hearing thereon, on Form said Executive Order. erty Custodian. APC-1, within one year from the date hereof, or within such further time as Dated: December 7, 1942. The terms “national” and “designated enemy country” as used herein shall have may be allowed by the Alien Property [ seal] L eo T. Crow ley, Custodian. Alien Property Custodian. the meanings prescribed in section 10 of said Executive Order. The terms “ national” and “designated [F. R. Doc. 42-13162; Filed, December 11, 1942; Dated: December 7, 1942. enemy country” as used herein shall have 10:33 a. m.] the meanings prescribed in section 10 [ seal] L eo T. Crow ley, of said Executive Order. Alien Property Custodian. Dated: December 7, 1942. [Vesting Order 453] [F. R. Doc. 42-13163; Filed, December 11,1942; [ seal] Leo T. Crowley, 10:34 a. m.] Alien Property Custodian. Estate of H einrich E. F. Sandhagen In re: Estate of Heinrich E. F. Sand- [F. R. Doc. 42-13164; Filed, December 11,1942; 10:34 a. m.] h^gen, deceased— File D-28-1739; E. T. [Vesting Order 454] sec. 835. Under the authority of the Trading Estate of H edwig R itzk i with the Enemy Act as amended, Ex­ In re: Estate of Hedwig Ritzki, de­ [Vesting Order 455] ecutive Order 9095 as amended, and pur­ ceased— File D-28-3383; E.T. Sec. 1141. suant to law, the Alien Property Custo­ Under the authority of the Trading Estate of M ary F. R osenzweig dian after investigation, with the Enemy Act as amended, Execu­ In re: Estate of Mary F. Rosenzw'eig, Finding that— tive Order 9095 as amended, and pur­ Deceased— File F-28-13001, E. T. Sec. 1. (1) The property and interests hereinafter suant to law, the Alien Property Custo­ Under the authority of the Trading described are property which is in the process dian after investigation, of administration by the Treasurer of the V with the Enemy Act as amended, Execu­ City of New York as depositary acting under Finding that— tive Order 9095 as amended, and pur­ the judicial supervision of the Surrogate’s (1) The property and interests hereinafter suant to law, the Alien Property Cus­ Court of the State of New York, in and for described are property which is in the process todian after investigation, New York County; of administration by the Treasurer of the (2) Such property and interests are pay­ City of New York as depositary acting under Finding that— (1) The property and interest hereinafter able or deliverable to, or claimed by, nationals the judicial supervision of the Surogate’s described are property which is in the process ¡of a designated enemy country, Germany, Court of the State of New York, in and for of administration by Eugene Rosenzweig and namely, New York County; (2) Such property and interests are pay­ W. W. Spence, Administrators acting under Last known able or deliverable to, or claimed by, nationals the judicial supervision of Orphans Court of Nationals: address of a designated enemy country,, Germany, the State of Maryland, in and for the County Aiiton Friedrich Sandhagen____ Germany. namely, of Talbot; Emma Elisabeth D’Orville_____ Germany. Last known (2) Such property and interests are pay­ And determining that— Nationals: address able or deliverable to, or claimed by a national (3) If such nationals are persons not Elizabeth Bode______Germany. of a designated enemy country, Germany, within a designated enemy country, the na­ Richard Ritzki______Germany. namely, FEDERAL REGISTER, Saturday, December 12, 1942 10409

Last known (2) Such property and interests are pay­ (2) Such property and interests are pay­ National: address able or deliverable to, or claimed by, a na­ able or deliverable to, or claimed by, na­ Wilhelm L. Rosenzweig______Germany. tional of a designated enemy country, tionals of a designated enemy country, Ger­ Germany, namely, Martha Koch whose last many, namely, And determining that— known address is Germany; Last known (3) If such national is a person not within And determining that— Nationals: address a designated enemy country, the national (3) If such national is a person not within - Camilla Rademacher______Germany. interest of the United States requires that a designated enemy country, the national Erna Adam Rademacher______Germany. such person be treated as a national of a interest of the United States requires that Johanna Rademacher______Germany. designated enemy country, Germany; and such person be treated as a national of a - And determining that— Having made all determinations and taken designated enemy country, Germany; and (3) If such nationals are persons not within all action, after appropriate consultation Having made all determinations and taken and certification, required by said Executive a designated enemy country, the national all action, after appropriate consultation and interest of the United States requires that Order or Act or otherwise, and deeming it certification, required by said Executive Order necessary in the national interest, such persons be treated as nationals of a or Act or otherwise, and deeming it necessary designated enemy country, Germany; and Now, therefore, the Alien Property in the national interest, Having made all determinations and taken Custodian hereby vests the following Now, therefore, the Alien Property all action, after appropriate consultation and property and interest: Custodian hereby vests the following certification, required by said Executive Or­ All right, title, interest, and claim of any property and interests: der or Act or otherwise, and deeming it nec­ essary in the national interest, kind or character whatsoever of Wilhelm L. All right, title, interest, and claim of any Rosenzweig in and to the Estate of Mary F. kind or character whatsoever of Martha Koch Now, therefore, the Alien Property Rosenzweig, deceased, in and to the Estate of Heinrich Wilhelm Custodian hereby vests the following to be held, used, administered, liqui­ Ignatz Reimann, deceased, property and interests: dated, sold or otherwise dealt with in to be held, used, administered, liqui­ All right, title, interest, and claim of any the interest of and for the benefit of dated, sold or otherwise dealt with in the kind or character whatsoever, of Camilla the United States. interest of and for the benefit of the Rademacher, Erna Adam Rademacher, and Such property and interests and any United States. Johanna Rademacher, in and to the Estate or all of the proceeds thereof shall be Such property and interest and any or of Henry Rademacher, deceased, held in a special account pending fur­ all of the proceeds thereof shall be held to be held, used, administered, liqui­ ther determination of the Alien Prop­ in a special account pending further dated, sold or otherwise dealt with in th# erty Custodian. This shall not be determination of the Alien Property Cus­ interest of and for the benefit of the deemed to limit the powers of the Alien todian. This shall not be deemed to limit United States. Property Custodian to return such prop­ the powers of the Alien Property Custo­ Such property and interests and any erty and interests or the proceeds dian to return such property and inter­ or all of the proceeds thereof shall be thereof, or to indicate that compensa­ ests or the proceeds thereof, or to indi­ held in a special account pending fur­ tion will not be paid in lieu thereof, if cate that compensation will not be paid ther determination of the Alien Prop­ and when it should be determined that in lieu thereof, if and when it should erty Custodian. This shall not be deemed such return should be made or such be determined that such return should to limit the powers of the Alien Property compensation should be paid. be made or such compensation should be Custodian, to return such property and Any person, except a national of a paid. interests or the proceeds thereof or to designated enemy cpuntry, asserting Any person, except a national of a des­ indicate that compensation will not be any claim arising as a result of this ignated enemy country, asserting any paid in lieu thereof, if and when it should order may file with the Alien Property claim arising as a result of this order be determined that such return should be Custodian a notice of his claim, to­ may file with the Alien Property Costo- made or such compensation should be gether with a request for a hearing dian a notice of his claim, together with paid. thereon, on Form APC-1, within one a request for a hearing thereon, on Form Any person, except a national of a year from the date hereof, or within APC-1, within one year from the date designated enemy country, asserting any such further time as may be allowed hereof, or within such further time as claim arising as a result of this order by the Alien Property Custodian. may be allowed by the Alien Property may file with the Alien Property Cus­ The terms “national” and “ designated Custodian. todian a notice of his claim, together enemy country” as used herein shall The terms "national” and “designated with a request for a hearing thereon, have the meanings prescribed in sec­ enemy country” as used herein shall have on Form APC-1, within one year from tion 10 of said Executive Order. the meanings prescribed in section 10 the date hereof, or within such further Dated: December 7,1942. of said Executive Order. ~ time as may be allowed by the Alien [ seal] L eo T. Crow ley, Dated: December 7, 1942. Property Custodian. Alien Property Custodian. [ seal! L eo T. Crow ley, The terms “national” and “designated [F. R. Doc. 42-13165; Piled, December 11,1942; Alien Property Custodian. enemy country” as used herein shall have the meanings prescribed in section 10 10:34 a. m.] [P. R. Doc. 42-13166; Piled, December 11, 1942; 10:34 a. m.] of said Executive Order. Dated: December 7, 1942. [Vesting Order 456] [ seal] L eo T. Crow ley, Alien Property Custodian. Estate of H einrich W ilhelm I gnatz R eimann [Vesting Order 457] [P. R. Doc. 42-13145; Filed, December 11,1942; 10:35 a. m.] In re: Estate of Heinrich Wilhelm.Ig­ E state of H enry R ademacher natz Reimann, deceased— File D-28- In re: Estate of Henry Rademacher, 3361; E.T. Sec. 1133. deceased—File D-28-1435; E. T. Sec. 96. [Vesting Order 458] Under authority of the Trading with Under the authority of the Trading the Enemy Act as amended, Executive Estate of Otto Fressprich, Jr. with the Enemy Act as amended, Execu­ Order 9095 as amended, and pursuant to In re: Estate of Otto Pressprich, Jr., law, the Alien Property Custodian after tive Order 9095 as amended, and pursu­ ant to law, the Alien Property Custodian deceased—File D-28-1681; E. T. Sec. 476. investigation, Under the authority of the Trading after investigation, Finding that— with the Enemy Act as amended, Execu­ (1) The property and interests hereinafter Finding that— tive Order 9095 as amended, and pur­ described are property which is in the process (1) The property and interests hereinafter suant to law, the Alien Property Custo­ described are property which is in the proc­ of administration by the Treasurer of the dian after investigation, City of New York as depositary acting under ess of administration by the Milllkin Trust the judicial supervision of the Surrogate’s Company, Trustee, acting under the judicial Finding that— Court of the State of New York, in and for supervision of the Probate Court of Macon (1) The property and Interests hereinafter New York County; and County, Illinois, described are property which is in the process 10410 FEDERAL REGISTER, Saturday, Decem ber 12, 1942 of administration by the Irving Trust Com­ ess of administration by Paul Phelps, Exec­ Under the authority of the Trading pany, Enos Throop Geer, and Bichard Press- utor, Lost Nation, Iowa, acting under the with the Enemy Act as amended, Execu­ prich, Trustees, acting under the judicial judicial supervision of the District Court of tive Order 9095 as amended, and pur­ supervision of the Surrogate’s Court, New Clinton County, Iowa; suant to law, the Alien Property Cus­ (2) Such property and Interests are pay­ York County, New York; todian after investigation, (2) Such property and interests are pay­ able or deliverable to, or claimed by, nationals able or deliverable to, or claimed by, a na­ of a designated enemy country, Germany, Finding that— tional of a designated enemy country, Ger­ namely, (1) The property and interests hereinafter many, namely, Nationals: Last known address described are property which is in the process Elsie Martensen_____ Joldelund, Germany. of administration by the Treasurer of the National: Last known address City of New York as depositary acting under Alice Tegetmeier_____ Hamburg, Germany. Fritz Andresen______Engelsburg, Germany. Bernhard Andresen- Drelsdorf, Germany. the judicial supervision o,f the Surrogate’s And determining that— Friederika Thomsen. Engelsburg, Germany. Court of the State of New York, in and for (3) If such national is a person not within Heirs of Dora Jensen. Germany. New York County; a designated enemy country, the national (2) Such property and interests are pay­ interest of the United States requires that And determining that— able or deliverable to, or claimed by, na­ such person be treated as a national of a (3) If such nationals are persons not with­ tionals of a designated enemy country, Ger­ designated enemy country, Germany, and in a designated enemy country, the national many, namely, Interest of the United States requires that Last known Having made all determinations and taken such persons be treated as nationals of a N a t i o n a l s address all action, after appropriate consultation and designated enemy country, Germany; and certification, required by said Executive Or­ Karoline Fay ______- ______Germany. Auguste Braun______Germany. der or Act or otherwise, and deeming it nec­ Having made all determinations and taken all Pauline Gerloch______Germany. essary in the national interest, action, after appropriate consultation and. certiflcatibn, required by said Executive Order Marie Oberbeim______Germany. or Act or otherwise, and deeming it necessary Now, therefore, the Alien Property And determining that— in the national interest, Custodian hereby vests the following (3) If such nationals are persons not with- property and interests: Now, therefore, the Alien Property Cus­ ing a designated enemy country, the national All right, title, interest, and claim of any todian hereby vests the following prop­ interest' of the United States requires that kind or character whatsoever of Alice Teget- erty and interests: such persons be treated as nationals of a meier in and to trusts created under the will designated enemy country, Germany; and of Otto Pressprich, Jr., deceased, All right, title, interest, and claim of any kind or character whatsoever of Elsie Marten- Having made all determinations and taken all to be held, used, administered, liquidated, sen, Fritz Andresen, Bernard Andresen, Fried­ action, after appropriate consultation and sold or otherwise dealt with in the in­ erika Thomsen and heirs of Dora Jensen sur­ certification, required by said Executive Order viving at the time of the death of Wilhelmina or Act or otherwise, and deeming it necessary terest of and for the benefit of the in the national interest, United States. Ott and each of them in and to the Estate Such property and interests and any or of Wilhelmina Ott, deceased, Now, therefore, the Alien Property all of the proceeds thereof shall be held to be held, used, administered, liquidated, Custodian hereby vests the following in a special account pending further de­ sold or otherwise dealt with in the inter­ property and interests: termination of the Alien Property Cus­ est of and for the benefit of the United All right, title, interest, and claim of any todian. This shall not be deemed to limit States. kind or character whatsoever of Karoline the powers of the Alien Property Cus­ Such property and interests and any Fay, Auguste Braun, Pauline Gerloch and todian to return such property and in­ or all of the proceeds thereof shall be Marie Oberheim in and to the Estate of terests or the proceeds thereof, or to in­ held in a special account pending further Charles Philip Oberheim, also known as dicate that compensation will not be paid determination of the Alien Property Cus­ Charles P. Oberheim, deceased, in lieu thereof, if and when it should be todian. This shall not be deemed to to be held, used, administered, liquidated, determined that such return should limit the powers of the Alien Property sold or otherwise dealt with in the in­ Custodian to return such property and be made or such compensation should be terest of and for the benefit of the paid. interests or the proceeds thereof, or to Any person, except a natiorial of a des­ indicate that compensation will not be United States. ignated enemy country, asserting any paid in lieu thereof, if and when it should Such property and interests and any or claim arising as a result of this order be determined that such return should be all of the proceeds thereof shall be held may file with the Alien Property Cus­ made or such compensation should be in a special account pending further de­ todian a notice of his claim, together paid. termination of the Alien Property Cus­ with a request for a hearing thereon, on Any person, except a national of a todian. This shall not be deemed to limit Form APC-1, within one year from the designated enemy country, asserting any the powers of the Alien Property Cus­ date hereof, or within such further time claim arising as a result of this order todian to return such property and in­ as may be allowed by the Alien Property may file with the Alien Property Cus­ terests or the proceeds thereof, or to in­ Custodian. todian a notice of his claim, together dicate the compensation will not be paid The terms “national” and “designated with a request for a hearing thereon, on in lieu thereof, if and when it should, enemy country” as used herein shall have Form APC-1, within one year from the be determined that such return should the meanings prescribed in section 10 of date hereof, or within such further time be made or such compensation should said Executive Order. as may be allowed by the Alien Property be paid. « Dated: December 7, 1942. Custodian. Any person, except a national of a [ seal] L eo T. Crow ley, The terms “national” and “designated designated enemy country, asserting any Alien Property Custodian. enemy country” as used herein shall have claim arising as a result of this order may the meanings prescribed in section 10 of file with the Alien Property Custodian a [P. R. Doc. 42-13146; Filed, December 11,1942; said Executive Order. notice of his claim, together with a re­ 10:35 a. m.] Dated: December 7, 1942. quest for a hearing thereon, on Form [ seal] L eo T. Crow ley, APC-1, within one year from the date [Vesting Order 459] Alien Property Custodian. ■ hereof, or within such further time as may be allowed by the Alien Property Estate of W ilhelm ina Ott [F. R. Doc. 42-13147; Filed, December 11, 1942; 10:35 a. m.] Custodian. In re: Estate of Wilhelmina Ott, de­ The terms “ national” and “ designated ceased— Pile D-28-1374; E.T. Sec. 30. enemy country” as used herein shall have the meanings prescribed in section 10 of Under the authority of the Trading [Vesting Order 460] with the Enemy Act as amended, Execu­ said Executive Order. tive Order 9095 as amended, and pursu­ Estate of Charles P h il ip Oberheim Dated: December 7, 1942. ant to law, the Alien Property Custodian [ seal] L eo T. Crowley, after investigation, In re: Estate of Charles Philip Ober- Alien Property Custodian. heim, also known as Charles P. Ober- Finding that— [F. R. Doc. 42-13148; Filed, December 11, l&2'> (1) The property and interests hereinafter heim, deceased—File D-28-3397; E. T. 10:35 a. m.] described are property which is in the proc­ Sec. 1136. FEDERAL REGISTER, Saturday, December 12, 1942 10411

[Vesting Order 4611 [Vesting Order 462] Dated: December 7, 1942.

E state o f A n n a M . L utz E state of G usto v L o e w [ se al] L eo T. C r o w l e y , Alien Property Custodian. In re: Estate of Anna M. Lutz, de­ In re: Estate of Gustov Loew, de­ ceased—Pile D-28-3386; E. T. see. 1139» ceased—Pile D-28-3364; E. T. sec. 1135. [F. R. Doc. 42-13150; Filed, December 11,1942; Under authority of the Trading with Under the authority of the Trading 10:35 a. m.] the Enemy Act as amended, Executive with the Enemy Act as amended, Execu­ Order 9095 as amended, and pursuant tive Order 9095 as amended, and pursu­ to law, the Alien Property Custodian ant to law, the Alien Property Custodian [Vesting Order 463] after investigation, after investigation, E state of S y b il l a L e n z Finding that— Finding that— (1) The property and interest hereinafter (1) The property and interests hereinafter In. re: Estate of Sybilla Lenz, de­ described is property which is in the process described are property which is in the process ceased—File D-28-3365; E. T. sec. 1147. of administration by the Treasurer of the of administration by the Treasurer of the City of New York as depositary acting under Under the authority of the Trading City of New York as depositary acting under with the Enemy Act as amended, Execu­ the Judicial supervision of the Surrogate’s the judicial supervision of the Surrogate’s Court of the State of New York, in and for Court of the State of New York, in and for tive Order 9095 as amended, and pursu­ New York County; New York County; ant to law, the Alien Property Custodian (2) Such property and interest is payable (2) Such property and interests are pay­ after investigation, or deliverable to, or claimed by, a national able or deliverable to, or claimed by, na­ Finding that— of a designated enemy country, Germany, tionals b f a designated enemy country, Ger­ (1) The property and interests hereinafter namely, Julianna Rau whose last known many, namely, described are property which is in the process address is Germany; Last known of administration by the Treasurer of the And determining that— Nationals: address City of New York as depositary acting under (3) If such national is a person not within Louisa Henrich______Germany. the judicial supervision of the Surrogate’s a designated enemy country, the national Ludwig Loew______Germany. Court of the State of New York, in and for interest of the United States requires that Philipp Loew______Germany. New York County; such person be treated as a national of a Ernst Loew------Germany. (2) Such property and interests are pay­ designated enemy country, Germany;'and And determining that— able or deliverable to, or claimed by, nationals Having made all determinations and taken (3) If such nationals are persons not with­ of a designated enemy country, Germany, all action, after appropriate consultation and in a designated enemy country, the national naihely, interest of the United States requires that certification, required by said Executive Or­ Last known such persons be treated as nationals of a der or Act or otherwise, and deeming it Nationals: address designated enemy country, Germany; and necessary in the national interest. Hermann Selbst______Germany Now, therefore, the Alien Property Having made all determinations and taken Erna K u h n ______Germany all action, after appropriate consultation and Custodian hereby vests the following And determining that— certification, required by said Executive Or­ (3) I f such nationals are persons not property and interest: der or Act or otherwise, and deeming it within a designated enemy country, the na­ necessary in the national interest, All right, title, interest, and claim of any tional interest of the “United States requires kind or character whatsoever of Julianna Now, therefore, the Alien Property Cus­ that such persons be treated as nationals of Rau in and to the Estate of Anna M. Lutz, a designated enemy country, Germany; and deceased, todian hereby vests the following prop­ erty and interests: Having made all determinations and taken to be held, used, administered, liquidated, all action, after appropriate consultation and sold or otherwise dealt with in the in­ All right, title, interest, and claim of any certification, required by said Executive Or­ terest of and for the benefit of the United kind or character whatsoever of Louisa Hen- der or Act or otherwise, and deeming it nec­ States. rich, Ludwig Loçw, Philipp Loew and Ernst essary in the national interest, Loew and each of them in and to the Estate Such property and interest and any or of Gustov Loew, deceased, Now, therefore, the Alien Property all of the proceeds thereof shall be held Custodian hereby vests the following to be held, used, administered, liquidated, in a special account pending further property and interests: determination of the Alien Property Cus­ sold or otherwise dealt with in the inter­ todian. This shall not be deemed to est of and for the benefit of the United All right, title, interest, and claim of any kind or character whatsoever of Hermann limit the powers of the Alien Property States. Such property and interests and any Selbst and Erna Kuhi and each of them in Custodian to return such property and and to the Estate of Sybilla Lenz, deceased, interest or the proceeds thereof, or to or all of the proceeds thereof shall be indicate that compensation will not be held in a special account pending further to be held, used, administered, liquidated, paid in lieu thereof, if and when it should determination of the Alien Property Cus­ sold or otherwise dealt with in the in­ be determined that such return should todian. This shall not be deemed to limit terest of and for the benefit oLthe United be made or such compensation should be the powers of the Alien Property Cus­ States. paid. todian to return such property and inter­ Such property and interests and any Any person, except a national of a ests or the proceeds thereof, or to indi­ or all of the proceeds thereof shall be designated enemy country, asserting any cate that compensation will not be paid held in a special account pending fur­ claim arising as a result of this order in lieu thereof, if and when it should be ther determination of the Alien Property may file with the Alien Property Cus­ determined that such return should be Custodian. This shall not be deemed to todian a notice of his claim, together made or such compensation should be limit the powers of the Alien Property with a request for a hearing thereon, on paid. Custodian to return such property and Form APC-1,. within one year from the Any person, except a national of a des­ interests or the proceeds thereof, or to date hereof, or within such further time ignated enemy country, asserting any indicate that compensation will not be as may be allowed by the Alien Property claim arising as a result of this order may paid in lieu thereof, if and when it should Custodian. file with the Alien Property Custodian a be determined that such return should The terms “national” and “designated notice of his claim, together with a re­ be made or such compensation should enemy country” as used herein shall quest for a hearing thereon, on Form be paid. have the meanings prescribed in section APC-1, within one year from the date Any person, except a national of a des­ 10 of said Executive Order, hereof, or within such further time as ignated enemy country, asserting any Dated: December 7, 1942. may be allowed by the Alien Property claim arising as a result of this order Custodian. [seal! L eo T. C r o w l e y , may file with the Alien Property Custo­ Alien Property Custodian. The terms “national” and “designated dian a notice of his claim, together with enemy country” as used herein shall have a request for a hearing thereon, on Form [F. R. Doc. 42-13149; Filed, December 11,1942; the meanings prescribed in section 10 of APC-1, within one year from the date 10:35 a. m.] said Executive Order. hereof, or within such further time as No. 243------8 10412 FEDERAL REGISTER, Saturday, December 12, 1942 may be allowed by the Alien Property dian a notice of his claim, together with a request for a hearing thereon, on Form Custodian. a request for a hearing thereon, on Form A P C -1 w ith in one year from the date The terms “national” and “designated APC-1, within one year from the date hereof, or within such further time as enemy country” as used herein shall have hereof, or within such further time as may be allowed by the Alien Property the meanings prescribed in section 10 of may be allowed by the Alien Property Custodian. said Executive Order. Custodian. The terms “ national” and “ designated Dated: December 7,1942. The terms “national” and “designated enemy country” as used herein shall have [ seal] L eo T. C r o w l e y , enemy country” as used herein shall the meanings prescribed in section 10 of Alien Property Custodian. have the meanings prescribed in section said Executive Order. 10 of said Executive Order. Dated: December 7, 1942. [F. R. Doc. 42-13151; Filed, December 11,1942; Dated: December 7, 1942. [ seal] L eo T . C r o w l e y , 10:36 a. m.] [ s e a l] L eo T. C r o w l e y , Alien Property Custodian. Alien Property Custodian. [F. R. Doc. 42-13153; Filed, December 11,1942; [Vesting Order 464] [F. R. Doc. 42-13152; Filed, December 11,1942; 10:36 a. m.] 10:36 a. m.] E state o p L o u is L ang

In re: Estate of Louis Lang, deceased— [Vesting Order 466] File D-28-3384; E. T. Sec. 1140. [Vesting Order 465] Under the authority of the Trading E state of P h il l ip in e K lener with the Enemy Act as amended, Execu­ E state of O tto K ruger In re: Estate of Phillipine Klener, de­ tive Order 9095 as amended, and pur­ In re: Estate of Otto Kruger, de­ ceased—File D-28-1427; E. T. Sec. 64. suant to law, the Alien Property Custo­ ceased— File D-28-3396; E. T. sec./L137. Under the authority of the Trading dian after investigation, Under authority df the Trading with with the Enemy Act as amended, Execu­ Finding that— the Enemy Act as amended, Executive tive Order 9095 as amended, and pur­ (1) The property and interests herein­ Order 9095 as amended, and pursuant to suant to law, the Alien Property Custo­ after described are property which is in the law, the Alien Property Custodian after dian after investigation, process of administration by the Treasurer investigation. Finding that— of the City of New York as depositary acting Finding that— (1) The property and interests hereinafter under the judicial supervision of the Sur­ (1) The property and interest hereinafter described are property which is in the proc­ rogate’s Court of the State of New York, in described is property which is in the process ess of administration by Karl Eschert, of 1623 and for New York County; of administration by the Treasurer of the 2nd Avenue, New York City, New York, Ad­ (2) Such property and interests are pay­ City of New York as depositary acting under ministrator, acting under the judicial super­ able or deliverable to, or claimed by, na- the judicial supervision of the Surrogate’s vision of Surrogate’s Court of the State of tibnals of a designated enemy country, Court of the State of New York, in and for New York; in and for the County of New Germany, namely, New York County; York; Last known (2) Such property and interest is pay­ (2) Such property and interests are pay­ able or deliverable to, or claimed by nationals Nationals: address able or deliverable to, or claimed by, a na­ tional of a designated enemy country, Ger­ of a designated enemy country, Germany, Karl Lang______Germany. many, namely, Addae Kruger whose last namely, Anton Eschert, Marie Eschert and Marie Lang______Germany. known address is Germany; Franz Eschert, whose last known addresses And determining that— And determining that— are Holzhausen uber Aar Nassau, Germany, (3) If such nationals are persons not (3) If such national is a perspn not within and Louise Eschert, whose last known address Within a designated enemy country, the na­ a designated enemy country, the national in­ is Schulestr. No. 30 Frankfort a/m Germany; tional interest of the United States requires terest of the United States requires that such and that such persons be treated as nationals person be treated as a national of a desig­ Determining that— of a designated enemy country, Germany; nated enemy country, Germany; and (3) If such nationals are persons not with­ and in a designated enemy country, the national Having made all determinations and taken interest of the United States requires that all action, after appropriate consultation and Having made ,all determinations and taken such persons be treated as nationals of a des­ certification, required by said Executive Or­ all action, after appropriate consultation and ignated enemy country, Germany; and certification, required by said Executive Or­ der or Act or otherwise, and deeming it nec­ der or Act or otherwise, and deeming it essary in the national interest. Having made all determinations and taken necessary in the national interest, -s. all action, after appropriate consultation and Now, therefore, the Alien Property certification required by said Executive Order Npw, therefore, the Alien Property Custodian hereby vests the following or Act or otherwise, and deeming it necessary Custodian hereby vests the following property and interest: in the national interest, property and interests: All right, title, interest, and claim of any Now, therefore, the Alien Property All right, title, interest, and claim of any kind or character whatsoever of Addae Kruger Custodian hereby vests the following kind or character whatsoever of Karl Lang in and to the Estate of Otto Kruger, de­ and Marie Lang in and to the Estate of Louis ceased. property and interests: Lang, deceased, to be held, used, administered, liquidated, All right, title, interest, and claim of any to be held, used, administered, liquidated, sold or otherwise dealt with in the in­ kind or character whatsoever of Anton Eschert, Marie Eschert, Franz Eschert, and sold or otherwise dealt with in the in­ terest of and for the benefit of the Louise Eschert, and each of them, in and to terest of and for the benefit of the United United States. the Estate of Phillipine Klener, deceased, States. Such property and interest and any or Such property and interests and any all of the proceeds thereof shall be held to be held, used, administered, liquidated, or all of the proceeds thereof shall be in a special account pending further de­ sold or otherwise dealt with in the in­ held in a special account pending further termination of the Alien Property Cus­ terest of and for the benefit of the United determination of the Alien Property Cus­ todian. This shall not be deemed to States. todian. This shall not be deemed to limit limit the powers of the Alien Property Such property and interests and any the powers of the Alien Property Custo­ Custodian to return such property and or all of the proceeds thereof shall be dian to return such property and inter­ interest or the proceeds thereof, or to in­ held in a special account pending further ests or the proceeds thereof, or to indi­ dicate that compensation will not be paid determination of the Alien Property Cus­ cate that compensation will not be paid in lieu thereof, if and when it should be todian. This shall not be deemed to in lieu thereof, if and when it should be determined that such return should be limit the powers of the Alien Property determined that such return should be made or such compensation should be Custodian to return such property and made or such compensation should be paid. interests or the proceeds thereof, or to paid. Any person, except a national of a indicate that compensation will not be Any person, except a national of a designated enemy country, asserting any paid in lieu thereof, if and when it should designated enemy country, asserting any claim arising as a result of this order be determined, that such return should claim arising as a result of this order may file with the Alien Property Custo­ be made or such compensation should be may file with the Alien Property Custo­ dian a notice of his claim, together with paid. FEDERAL REGISTER, Saturday, December 12, 1942 10413

Any person, except a national of a determined that such return should be wye track at a speed in excess of 20 miles designated enemy country, asserting any made or such compensation should be per hour. claim arising as a result of th^s order paid. This Special Order ODT R-4 shall be­ may file with the Alien Property Custo­ Any person, except a national of a des­ come effective December 10, 1942. dian a notice of his claim, together with ignated enemy country, asserting any Issued at Washington, D. C., this 10th a request for a hearing thereon, on Form claim arising as a result of this order day of December 1942. APC-1, within one year from the date may file with the Alien Property Custo­ Joseph 3. Eastman, hereof, or within such further time as dian a notice of his claim, together with Director of Defense Transportation. may be allowed by the Alien Property a request for a hearing thereon, on Custodian. Form APC-1, within one year from the [F. R. Doc. 42-13116; Filed, December 10,1942; 1:10 p. m.} The terms “national” and “designated date hereof, or within such further time enemy country” as used herein shall have as may be allowed by the Alien Property the meanings prescribed in section 10 of Custodian. [Special Order ODT B-34] said Executive Order. The terms “national” and “designated Dated: December 7,1942. enemy country” as used herein shall have M issouri Pacific T ransportation Com­ [ seal] L eo T. Crowley, the meanings prescribed in section 10 pany and A rkansas M otor Coaches, Alien Property Custodian. of said Executive Order. L td., I nc. '* Dated: December 7, 1942. COORDINATED OPERATION BETWEEN MVMPTTTK [F. R. Doc. 42-13154; Filed, December 11,1942; 10:36 a.m.] [ seal] L eo T. Crowley, AND TEXARKANA Alien Property Custodian. Coordinated operation between Mem­ [F. R. Doc. 42-13155; Filed, December 11,1942; phis, Tennessee, on the one hand, and 1Q:37 a. m.] Texarkana, Texas, and Texarkana, Ar­ [Vesting Order 467] kansas, on the other. Estate of A rno K oerner Pursuant to Executive Order No. 8389,1 and Executive Order No. 9156,2 and to In re: Estate of Arno Koerner, de­ OFFICE OF DEFENSE TRANSPORTA­ effectuate provisions of General Order ceased— File D-28-1698; E. T. sec. 719. TION. ODT 11,* and in order to conserve and Under the authority of the Trading [Special Order ODT R-4] providently utilize vital transportation with the Enemy Act as amended, Execu­ equipment, material and supplies, in­ tive Order 9095 as amended, and pur­ Baltimore and Ohio R ailroad Company cluding rubber; and to provide for the suant to law, the Alien Property Custo­ ORDER DIRECTING MODIFICATION OF RAIL dian after investigation, prompt and continuous movement of FACILITIES AT HYATTSVILLE, MD. necessary traffic, the attainment of Finding that— Pursuant to Executive Order No. 8989 which purposes is essential to the suc­ (1) The property and interests hereinafter dated December 18, 1941, and in order cessful prosecution of the war, It is described are property which is in the process That: of administration by the Treasurer of the to assure adequate facilities for the inter­ hereby ordered, City of New York as depositary acting under change of freight traffic between rail 1. Missouri Pacific Transportation the judicial supervision of the Surrogate’s carriers utilizing the Potomac Yard Company, St. Louis, Missouri, and A r­ Court of the State of New York, in and for Gateway in the State of Virginia, and kansas Motor Coaches, Ltd., Inc., Little New York County; to expedite the handling of freight traffic Rock, Arkansas, (hereinafter called “car­ (2) Such property and interests are pay­ including materials of war, the attain­ riers”), respectively, in the transporta­ able or deliverable to, or claimed by, na­ ment of which purposes is essential to tion of passengers on the routes served tionals of a designated enemy country, Ger­ the successful prosecution of the war; It many, namely, by them between Memphis, Tennessee, That: Last known is hereby ordered, o the one hand, and Texarkana, Texas, Nationals: address 1. The Baltimore and Ohio Railroad and Texarkana, Arkansas, on the other, Wilhelm Koerner______Germany. Company forthwith shall: Improve the as common carriers by motor vehicle, Lucie Koerner______Germany. west leg of its wye track located at shall: And determining that— Hyattsville, in the State of Marylahd, by (a) Horjor each other’s tickets between (3) If such nationals are persons not providing trailing point ’cross-over be­ all points common to their lines where within a designated enemy country, the na­ tween eastbound and westbound main equal fares apply and divert to each tional interest of the United States requires tracks immediately west of Melrose Ave­ other traffic routed between such points that such persons be treated as nationals of nue; install a number 16 facing-point for the purpose of relieving overloads a designated enemy country, Germany; and turnout in its eastbound main track just and reducing the operation of additional Having made all determinations and taken east of Melrose Avenue; realign the en­ equipment in extra sections; all action,‘after appropriate consultation and tire west leg o f said wye track so as to (b) Adjust and establish schedules to certification, required by said Executive Or­ provide a curvature not in excess of eliminate duplication of times of de­ der or Act or otherwise, and deeming it neces­ ten degrees; reconstruct said west leg of parture of the respective carriers and sary in the national interest, said wye track so as .to provide a gradient provide reasonable frequency of serv­ Now, therefore, the Alien Property not in excess of one and seven tenths per ice throughout the day; Custodian hereby vests the following cent; and make such other and addi­ (c) Wherever practicable eliminate property and interests: tional improvements and installations as duplicate depot facilities and commis­ may be necessary to permit the move­ sion ticket agencies and, in lieu thereof, All right, title, interest, and claim of any ment and safe operation of freight trains kind or character whatsoever of Wilhelm utilize joint depot facilities and joint Koerner and Lucie Koerner in and to the over said west leg of said wye track. commission ticket agencies. Contracts, Estate of Arno Koerner, deceased, 2. Upon the completion of the im­ agreements, and arrangements for any provements and installations herein di­ such joint facilities and agencies shall to be held, usecl, administered, liqui­ rected The Baltimore and Ohio Railroad not extend beyond the effective period of dated, sold or otherwise dealt with in Company shall operate such scheduled this order. At such depot facilities and the interest of and for the benefit of the freight trains over said west leg of said United States. commission ticket agencies used jointly wye track as may be necessary to expe­ by the carriers, service, travel informa­ Such property and interests and any dite the handling of freight traffic mov­ tion, and ticket sales shall be impartial, or all of the proceeds thereof shall be ing through the Potomac Yard Gateway, without preference or discrimination for held in a special account pending further such operations to be conducted in ac­ or against either of such carriers. determination of the Alien Property Cus­ cordance with safe operating practices. 2. Between Memphis, Tennessee, and todian. This shall not be deemed to limit 3. The Baltimore and Ohio Railroad Little Rock, Arkansas, the daily through the powers of the Alien Property Custo­ Company shall install automatic gates service operated by the carriers shall not dian to return such property and inter­ and flashers at the point where said west ests or the proceeds thereof, or to in­ leg of said wye track will intersect Mary­ 16 F.R. 6725. dicate that compensation will not be paid land Avenue, and no freight traiji shall ■ 7 F.R. 3349. in lieu thereof, if and when it should be be operated over said west leg of said * 7 F.R. 4389. 10414 FEDERAL REGISTER, Saturday, December 12, 1942 exceed seven round trips by Missouri Pa­ - (b) This General Order No. 41 shall suant to the authority vested in the Price cific Transportation Company and five take effect December 10, 1942. Administrator by the Emergency Price round trips by Arkansas Motor Coaches, Control Act of 1942, as amended, and (Pub. Laws 421 and 729, 77th Cong.; E.O. Executive Order No. 9250, and in accord­ Ltd., Inc. .9250, 7 F.R. 7871) • 3. Between Little Rock, Arkansas, on ance with § 1340.207 (d) of Maximum the one hand, and Texarkana, Texas, and Issued this 10th day of December Price Regulation No. 120, It is ordered: Texarkana, Arkansas, on the other, the 1942. (a) Dallas Fuel Company, Des Moines, daily through service operated by the L e o n H end er so n, Iowa, may sell and deliver, and any per­ carriers shall not exceed four round trips Administrator. son may buy and receive, for shipment by Missouri Pacific Transportation Com­ by truck or wagon, the bituminous coal [F. R. Doc. 42-13127; Filed, December 10, 1942; pany anxi* five round trips by Arkansas 4:20 p. m.] described in paragraph (b) at prices not Motor Coaches, Ltd., Inc. in excess of the respective prices stated 4. The carriers forthwith shall file therein. with the Interstate Commerce Commis­ (b) Coals produced by the Dallas Fuel sion in respect of transportation in in­ [Order 24 Under Supp. Reg. 1 of GMPR] Company at its Dallas Fuel Company terstate or foreign commerce, and with B r o w n in g , W e lls and C o m p a n y Mine, Mine Index ,No. 11, District No. 12, each appropriate State regulatory body may be sold for shipment by truck or in respect of transportation in intrastate APPROVAL OF REGISTRATION wagon at prices not to exceed $4.75, $4.75, commerce, and publish in accordance Order No. 24 Under Supplementary $4.50, $4.00, $4.00, and $3.25 per net ton with law, and continue in effect until fur­ Regulation No. 1 of GMPR—Exceptions in Size Groups 1, 2, 3, 6, 7, and 8, respec­ ther order, tariffs or appropriate supple­ for Certain Commodities, Certain Sales tively, f. o. b. the mine. ments to filed tariffs, setting forth any and Deliveries, and Certain Services. (c) Within thirty (30) days from the changes in the fares, charges, opera­ Approval of Registration of Browning, effective date of this Order, said Dallas tions, rules, regulations and practices.of Wells & Company, a New York Corpora­ Fuel Company shall notify all persons each carrier which may be necessary to tion. purchasing its coals of the adjustments accord with the provisions of this order An opinion in support of this order has granted by this Order, and shall include together with a copy of this order; and been rendered simultaneously herewith a statement that if the purchaser is sub­ forthwith shall apply to said Commission and filed with the Division of the Fed­ ject to Maximum Price Regulation No. and each such regulatory body for special eral Register. 122 in the resale of coal, the adjustments permission for such tariffs or supple­ The following company has registered granted by this Order do not authorize ments to become effective on one day’s with and been approved by the Office any increase in the purchaser’s resale notice. of Price Administration as engaged prin­ price except in accordance with and 5. Communications concerning this cipally and primarily in the business of subject to the conditions stated in order should be addressed to the Divi­ reconditioning and selling damaged Amendment No. ' 8 to Maximum Price sion of Local Transport, Office of Defense commodities received in connection Regulation No. 122. Transportation, Washington, D. C., and with the adjustment of losses from in­ (d) This Order No. 99 may be revoked should refer to “Special Order ODT surance companies, transportation com­ or amended by the Administrator at any B-34”. panies, and agents of the United States time. This order shall become effective De­ Government, and whose other activities (e) Unless the context otherwise re­ cember 26,1942, and shall remain in full do not include the buying or selling for quires, the definitions set forth in force and effect until the termination of its own account of new, used, or other­ § 1340.208 of Maximum Price Regulation the present war shall have been duly wise sound merchandise. No. 120 shall apply to the terms used proclaimed, or until such earlier time herein. Browning, Wells & Co., as the Office of Defense Transportation 90 John Street, (f) This Order No. 99 shall become by further order may designate. New York City, N. Y. effective this 11th day of December 1942. Issued at Washington, D. C. this 11th Issued this 10th day of December 1942. day of December, 1942. Pursuant to the authority vested in the Administrator by the Emergency Price L e o n H enderson, J o se ph B. E a s tm a n , Control Act of 1942, as amended, and Administrator. Director of Defense Transportation. Executive Order No. 92fiP, and in accord­ [F. R. Doc. 42-13130; Filed, December 10,1942; [F. R. Doc. 42-13186; Filed, December 11, 1942; ance with § 1499.26 (b) (1), as amended, 4:25 p. m.] 11:12 a. m.] of Supplementary Regulation No. 1, under the General Maximum Price Regu­ lation, It is hereby ordered: (a) That sales or deliveries by the [Order 78 Under MPR 188] OFFICE OF PRICE ADMINISTRATION. Browning, Wells & Co., New York City, E n s o n C o m p a n y [General Order 41] N. Y., be, and they hereby are, excepted from the General Maximum Price Regu­ approval o f m a x im u m tr ice D eleg atio n to D irector for P uer to R ico lation in accordance 'with § 1499.26 (b) Order No. 78 Under § 1499.158 of Max­ AUTHORITY TO REQUIRE REGISTRATION OF (1) of Supplementary Regulation No. 1. imum Price Regulation No. 188—Manu­ SELLERS IN THE TERRITORY OF PUERTO (b) This Order No. 24 shall become facturers’ Maximum Prices for Specified RICO effective December 16,1942. Building Materials and Consumers’ Issued this 10th day of December 1942. Pursuant to the authority conferred Goods Other Than Apparel. upon the Price Administrator by the L e o n H end er so n, Approval of a maximum price for sales Emergency Price Control Act of 1942, as Administrator. by the Enson Company, Pittsburgh, amended, and Executive Order No. 9250, [F. R. Doc. 42-13128; Filed, December 10,1942; Pennsylvania, of a % ounce opal glass and the authority conferred upon the 4:20 p. m.] creamer. Office of Price Administration by W.P.B. For the reasons set forth in an opinion Directive 1 and W.P.B. Directive 1J, as issued simultaneously herewith and filed amended, the following Order is pre­ with the Division of the Federal Register, scribed : [Order 99 Under MPR 120] and pursuant to the authority vested in (a) Order delegating to the Director D allas F u e l C o m p a n y the Price Administrator by the Emer­ of the Territory of Puerto Rico authority gency Price Control Act of 1942, as order g r anting a d ju st m e n t to require registration of sellers in the amended, and Executive Order No. 9250, Territory of Puerto Rico. (1) the Direc­ Order No. 99 Under Maximum Price It is ordered: tor of the Territory of Puerto Rico is Regulation No. 120—Bituminous Coal (a) The Enson Company, Pittsburgh, authorized to require registration of sell­ Delivered from Mine or Preparation Pennsylvania, is authorized to sell, offer ers in the Territory of Puerto Rico at Plant— Docket No. 1120-186-P. to sell, or deliver, a % ounce Opal Glass such l ime, in such manner and on such For the reasons set forth in an opinion Creamer at a price no higher than $1.25 forms as he shall prescribe. issued simultaneously herewith, and pur­ per gross. FEDERAL REGISTER, Saturday, December 12, 1942 10415

(b) This Order No. 78 may be revoked transferred to consumers and into the (i) The gasoline ration coupons and or amended by the Price Administrator fuel tanks of private passenger motor coupon books heretofore placed in the at any time. vehicles without receiving in exchange custody of the Office of Price Adminis­ (c) This Order No. 78 to Maximum therefor any gasoline ration coupons. tration by respondent at the hearing on Price Regulation No. 188 shall become Such transfers were not within the October 16, 1942, are hereby cancelled effective December 11, 1942. classes of transfers permitted by Ration and together with the coupons surrend­ Issued this 10th day of December 1942. Order No. 5A, Gasoline Rationing Regu­ ered pursuant to section (h$ of this Or­ L e o n H enderson, lations, to be made without the exchange der shall be deemed to be surrendered Administrator. of coupons. to War Price and Rationing Board No. (e) Respondent has violated Ration 278, Shrewsbury, Massachusetts, at the [F. R. Doc. 42-13129; Filed, December 10,1942; Order No. 5A, Gasoline Rationing Regu­ time of respondent’s cessation of business 4:21 p. m.J lations, (§§ 1394.1601, 1394.1602) , in that pursuant to § 1394.1623 of Ration Order on July 24, 1942, in his registration as a No. 5A, Gasoline Rationing Regulations. dealer, respondent stated on OPA Form (j) Notwithstanding the provisions of R-545 filed with the War Price and Ra­ section (g) (2) of this Suspension Order [Suspension Order 173] tioning Board No. 278, Shrewsbury, No. 173, respondent, subject to the prior S im e o n M otor S ales C o ., e t a l . Massachusetts, that the total physical approval of and the supervision by the inventory of gasoline on hand at his Regional Administrator of Region I, ORDER RESTRICTING TRANSACTIONS falling station as of 12:01 A. M. on July Office of Price Administration, may dis­ Simeon Poresgy, doing business as 22, 1942, was “none” , whereas his actual pose of his stocks of gasoline on hand Simeon Motor Sales, Inc., Simmons inventory of gasoline on hand as of at the time this Order is served upon Motor Sales, Inc., Simmons Motors Inc., 12:01 A. M., July 22, 1942, was at least him. . and Simmons Motor Sales Company, eighty (80) gallons. (k) Any term used in this Suspension Inc., Shrewsbury, Massachusetts, here­ (f) On October 16, 1942, at the hear­ Order No. 173 that is defined in Ration inafter called respondent, was duly ing above mentioned, respondent placed Order No. 5A, Gasoline Rationing Regu­ served with a notice of specific charges in the custody of the Office of Price Ad­ lations, shall have the meaning therein of violations of Ration Order No. 5, ministration various ~ gasoline ration given it. Emergency Gasoline Rationing Regula­ coupon books which had been issued to (l) This Suspension Order No. 173 tions, and Ration Order No. 5A, Gaso­ him as a consumer and which had an shall become" effective 12:01 A. M. De­ line Rationing Regulations, issued by the aggregate gallonage value of 1,916 gal­ cember 17, 1942, and shall remain in Office of Price Administration. Pur­ lons and respondent at the same time effect until further order of the Deputy suant to the notice a hearing was held also placed in the custody of the Office Administrator in Charge of Rationing, on October 16, 1942, in Boston} Massa­ of Price Administration gasoline ra­ but not later than December 31, 1944. chusetts. There appeared a representa­ tion coupons which he had received from (Pub. Law 421, 77th Cong.; sec. 2 (a) of tive of the Office of Price Administration consumers to whom he had sold gasoline Pub. Law 671, 76th Cong., as amended and respondent. The evidence pertain­ and which had an aggregate gallonage. by Pub. Law 89, 77th Cong, and by Pub. value of 769 gallons. ing to the charges was presented before Law 507, 77th Cong.; E.O. 9125 (7 F.R. an authorized presiding officer. The Because of the great scarcity and criti­ 2719); W.P.B. Directive No. 1 (7 F.R. 562) matter having been duly considered by cal importance of gasoline in the United and Supplementary Directive No. IQ (7 the Deputy Administrator in Charge of States, respondent’s violations of the F.R. 9121)) Rationing, it is hereby determined that: Gasoline Rationing Regulations issued by (a) On July 22, 1942, respondent reg­ the Office of Price Administration have Issued this 10th day of December 1942. istered as a dealer in gasoline with W ar resulted in the diversion of gasoline from P a u l M . O ’L ear y, Price and Rationing Board No. 278, military and essential civilian uses into Deputy Administrator Shrewsbury, Massachusetts. The total nonessential uses in a manner contrary in Charge of Rationing. capacity of the gasoline storage facilities to the public interest and detrimental at the filling station which respondent to the national war effort. It appears [F. R. Doc. 42-13132; Filed, December 10, 1942; 4:25 p. m.] registered as his place of business was to the Deputy Administrator in Charge 3,000 gallons. of Rationing that further violations of (b) Respondent has violated Ration the. Gasoline Rationing Regulations by Order No. 5; Emergency Gasoline R a­ respondent are likely unless appropriate [Suspension Order 176] * tioning Regulations' (§ 1394.18), in that administrative action is taken: It is on numerous occasions between May 15, therefore ordered: I sabella M ascaro 1942, and July 21, 1942, respondent as (g) During the period in which this a dealer transferred quantities of gaso­ Suspension Order No. 173 shall be in order restricting transactions line to himself as a consumer and into effect, Isabella Mascaro, 354 Walnut Street, the fuel tanks of private passenger 1 (1) Respondent shall not sell, transfer Springfield, Massachusetts, hereinafter motor vehicles owned by him and for or deliver any gasoline to any person. called respondent, was duly served with which no gasoline ration card Class X (2) Respondent shall not accept any a notice of specific charges of violation had been issued, without punching, tear­ deliveries or transfers of, or in any man­ of Ration Order No. 5A, Gasoline Ration­ ing off, obliterating or otherwise can­ ner directly or indirectly receive from ing Regulations, issued by the Office of celling any of the units of any gasoline any source any gasoline for resale. Price Administration. Pursuant to the ration cards or without signing any ra­ (3) No person, firm or corporation notice a hearing was held on October tioning certificates. shall deliver or in any manner directly 29, 1942, in Boston, Massachusetts. (c) Respondent has violated Ration or indirectly transfer any gasoline to There appeared a representative of thé Order No. 5A, Gasoline Rationing Regu­ respondent for resale. Office of Price Administration and re­ lations, (§ 1394.1503), in that between (h ) W ithin three days from the effec­ spondent. The evidence pertaining to July 22, 1942, and October 16, 1942, re­ tive date of this Order, respondent shall the charges was presented before an au­ spondent as a dealer transferred 1,896 surrender for cancellation to War Price thorized presiding officer. The matter gallons of gasoline to himself as a con­ and Rationing Board No. 27j|, Shrews­ having been duly considered by the Dep­ sumer without detaching coupons from bury, Massachusetts, all the gasoline ra­ uty Administrator in Charge of Ration­ any gasoline ration coupon book. Such tion coupons received by hiip as a dealer ing, it is hereby determined that: transfers were not within the classes of and which he has in his possession at (a) Respondent is a dealer in gasoline transfers permitted by Ration Order No. the time this Order is served upon him, and operates a filling station at 354 W al­ 5A, Gasoline Rationing Regulations, to and respondent shall also/ surrender to nut Street, Springfield, Massachusetts. be made without detaching coupons. said Board the certificate of registra­ (b) Respondent has violated Ration (d) Respondent has violated Ration tion on OPA Form R-543 which he re­ Order No. 5A, Gasoline Rationing Regu­ Order No. 5A, Gasoline Rationing Regu­ ceived from such Board at the time of lations, (§ 1394.1102),’ in that between lations, (§§ 1394.1502, 1394.1503), in that his registration as a dealer on July 24, September 12, 1942, and September Ï8, on July 22, 1942, respondent as a dealer 1942. 1942, respondent sold and delivered to 10416 FEDERAL REGISTER, Saturday, December 12, 1942 divers consumers 328 gasoline ration (h ) This Suspension Order No. 176 of sugar received by them, the persons coupons Class C. shall become effective 12:01 A. M. Decem­ from whom such sugar was received, the (c) Respondent has violated Ration ber 17, 1942, and shall remain in effect use made of such sugar for soft drink beverages, and the amount of soft drink Order No. 5A, Gasoline Rationing Regu­ until further order by the Deputy Admin­ istrator in Charge of Rationing but not beverages which they produced. lations, (§ 1394.1503), in that on Sep­ later than December 31, 1944. Because of the great scarcity and crit­ tember 13, 1942,* in Springfield, Massa­ ical importance of sugar in the United chusetts, respondent transferred 15 ^ (Pub. Law 421, 77th Cong.; sec. 2 (a) States, respondent’s violations of the gallons of gasoline to a consumer in ex­ of Pub. Law 671, 76th Cong.; as amended Sugar Rationing Regulations issued by change for three gasoline ration coupons by Pub. Law 89, 77th Cong, and by Pub. the Office of Price Administration have Class C which had been previously de­ Law 507, 77th Cong.; E.O. No. 9125 (7 resulted in the diversion of sugar from tached from a coupon book that was not F.R. 2719); W.P.B. Directive No. 1 (7 military and essential civilian uses to issued for and did not bear the identi­ F.R. 562); and Supplementary Directive non-essential uses in a manner contrary fication of the motor vehicle into which No. IQ (7 F.R. 9121)) to the public interest and detrimental to the transfer was made; such transfer Issued this 10th day of December 1942. the national war effort. It appears to was not one of the classes of transfers P aul M. O ’L eary, the Deputy Administrator in Charge of permitted by Ration Order No. 5A, Gaso­ Deputy Administrator Rationing that further ^violations of the line Rationing Regulations, to be made in Charge of Rationing. Sugar Rationing Regulations by respond­ without the exchange of gasoline ration ents are likely unless appropriate admin­ coupons. [F. R. Doc. 42-13131; Filed, December 10, 1942; istrative action is taken: It is therefore (d) Respondent has violated Ration 4:25 p. m.] ordered, That: Order No. 5A, Gasoline Rationing Regu­ (d) During the period in which this lations, (§ 1394.1502), in that on various Suspension Order No. 178 shall be in occasions between September 12, and effect, September 18, 1942, respondent trans­ [Suspension Order 178] (1) Respondents shall not accept de­ ferred gasoline to consumers without the livery of any sugar other than for their exchange of gasoline ration coupons; A m e r ic a n C l u b B everage Co. personal use as consumers. such transfers were not of the classes ORDER RESTRICTING TRANSACTIONS (2) No person, firm or corporation of transfers permitted by Ration Order shall deliver to respondents any sugar David Lischner and Jane Lischner, hus- No. 5A to be made without the exchange other than for their personal use as con­ bany and wife, doing business as Ameri­ of gasoline ration coupons. sumers. can Club Beverage Company, 2452 Main Because of the great scarcity and crit­ (3) Respondents shall not sell or de­ Street, Hartford, Connecticut, hereinaf­ ical importance of gasoline in Massa­ liver any sugar to any person. ter called respondents, were duly served chusetts, violations by respondent of R a­ (4) Respondents shall not use any with a notice of specific charges of viola­ tion Order No. 5A, Gasoline Rationing sugar for any purpose other than for tions of Rationing Order No. 3, Sugar Ra­ Regulations, have resulted in the diver­ their personal use as consumers. tioning Regulations, issued by the Office sion of gasoline from military and (e) Within three days from the effec­ of Price Administration. Pursuant to the essential civilian uses into non-essential tive date of this Order respondents shall uses in a manner contrary to the public notice a hearing was held October 13, surrender for cancellation to the War 1942, at Hartford, Connecticut. There interest and detrimental to the national Price and Rationing Board which issued war effort. It appears to the Deputy appeared a representative of the Office of them all unused sugar purchase certifi­ Price Administration and respondents. Administrator in Charge of Rationing cates issued to American Club Beverage The evidence pertaining to the charges that further violations of the gasoline Company. rationing regulations by respondent are • was presented before an authorized pre­ (f) Any allotments of sugar due to likely unless appropriate administrative siding officer. The matter having been American Club Beverage Company, for action is taken: It is therefore ordered: considered by the Deputy Administrator November or December 1942, and one- (e) During the period in which this in Charge of Rationing, it is hereby half of the allotment of sugar to the Suspension Order No. 176 shall be in determined that: American Club Beverage Company for effect, (a) Respondents are the owners of January 1943, are hereby cancelled. (1) Respondent shall not in any man­ American Club Beverage Company, an (g> Any sugar which respondents have Industrial user of sugar located at 2452 ner directly or indirectly sell, transfer

SECURITIES AND EXCHANGE COM­ In the matter of Irving Elias, Michael [File No. 70-631] MISSION. Moise and Max Menachen, Protective G eneral G as & Electric Corporation [File No. 812-299] Committee for the holders of convertible obligations, Due 2002, (all series, exclu­ ORDER FOR HEARING Southwest Consolidated Corporation sive of those holders who acquired same A t a regular session of the Securities by direct exchange for original converti­ NOTICE OP AND ORDER FOR HEARING and Exchange Commission held at its of­ ble debenture certificates or convertible fice in the City of Philadelphia, Pa., on At a regular session of the Securities debenture obligations, Series F) of Asso­ the 8th day of December 1942. and Exchange Commission held at its ciated Gas and Electric Company. A declaration having been filed with office in the City of Philadelphia, Pa. A declaration having been filed on Oc­ this Commission pursuant to the Public on the 7th day of December, A. D. 1942. tober 23,1942, pursuant to sections 11 (g ) Utility Holding Company Act of 1935 Southwest Consolidated Corporation, and 12 (e) of the Public Utility Holding by General Gas & Electric Corporation, a registered investment company, has Company Act of 1935, and Rule U-62 a registered holding company, and notice filed an application pursuant to the pro­ promulgated thereunder, regarding a having been given of the filing thereof l5y visions of section 17 (b) of the Invest­ proposed solicitation of authorizations publication in the Federal R egister and ment Company Act of 1940 for an order by declarants as a Protective Committee otherwise as provided by Rule U-23 under exempting from the provisions of sec­ for Holders of Convertible Obligations, said Act; and tion 17 (a) (2) of said Act, the proposed due 2002, (all series! of Associated Gas The said declaration proposing to pay sale to Hamilton Gas Corporation, an and Electric Company, in connection out of capital or unearned surplus a affiliated person of the applicant, of not with the reorganization proceedings, un­ quarterly dividend on its $5 Prior Pre­ more than $366,000 principal amount of der Chapter X of the Bankruptcy Act, of ferred Stock for the quarterly period First Mortgage Junior Lien 4% Sinking Associate^ Gas and Electric Company, ended December 15, 1941, excepting that Fund Bonds, Series B, due September 1, a registered holding company, and also as to the 27,889.1 shares held by the 1933 of Hamilton Gas Corporation and of Associated Gas and Electric Corpora­ Trustees of Associated Gas and Electric the purchase of such bonds by Hamil­ tion, a registered holding company, in Corporation, a registered holding com­ ton Gas Corporation at prices ranging the United States District Court for the pany, the right to receipt of the dividend from 65% to 67% of the principal Southern District of New York; and has been waived by them until further amount of* such bonds. Said bonds will An amendment having been filed on order of the Commission; and be offered by applicant to Hamilton Gas October 29, 1942, providing in part that A request that a hearing be held with Corporation pursuant to a call for ten­ the declaration “shall not become effec­ respect to the said matter having been ders of Hamilton Gas Corporation to tive until further order of the Commis­ received; and all of the holders of the said bonds sion” ; and additional amendments hav­ The Commission having considered the under date -of December 4, 1942. ing been filed on October 31, 1942, No­ said request, and it appearing to the It is ordered, That a hearing on the vember 9, 1942, and November 21, 1942, Commission that it is appropriate and in aforesaid application be held on the 17th which, among other things, expressly the public interest and the interest of day of December, 1942 at 10 o’clock in limit the solicitation of authorizations investors and consumers that a hearing the forenoon of that day in the hearing to persons who now hold Convertible Ob­ be held with respect to the said declara­ room of the Securities and Exchange ligations, due 2002, of Associated Gas and tion and that the said declaration shall Commision Building, 18th and Locust Electric Company, but who did not ac­ not become effective pursuant to further Streets, Philadelphia, Pennsylvania. On quire the same by exchanging therefor order of the Commission, and that at the such day the hearing Iroom clerk in one or more of the following classes of said hearing there be considered, among, Room 318 wil advise the interested par­ securities of Associated Gas and Electric other things, the various matters here­ ties where such hearing will be held. Company: inafter set forth; It is further ordered, That W illis E. 6% Convertible Debenture Certificates, I t is ordered, That a hearing on Such Monty, Esquire, or any officer or officers Series A, B, C, D, and E; matter under the applicable provisions of the Commission designated by it for 6 % Convertible Debenture Certificates, of the said Act and the rules of the Series B of 1929; that purpose shall preside at the hear­ Commission thereunder bé held on De­ 6 % Convertible Debenture Certificates, ing on such application. The officer so cember 14, 1942, at 10 a. m. at the offices designated to preside at any such hear­ 1931 Series; 6 % Convertible Debenture Obligations, ôf the Securities and Exchange Commis­ ing is hereby authorized to exercise all Series F; sion, 18th and Locust Streets, Philadel­ the powers granted to the Commission 0 % Convertible Debenture Certificates, phia, Pennsylvania. On such date the under sections 41 and 42 (b) of the In ­ Series B (Manila) ; hearing room clerk in Room 318 will ad­ vestment Company Act of 1940 and to 6 % Convertible Debenture Certificates, vise as to the room in which such hear­ trial examiners under the Commission’s Series C (Manila); ing will be held. Rules of Practice. and which amendments also changed It is further ordered, That William W. Notice of such hearing is hereby given the membership of the Committee in Swift or any other officer or officers of to the above named applicant and to such manner that the Committee con­ the Commission designated by it for that any other person or persons whose par­ sists only of persons owning securities purpose shall preside at the hearings in ticipation in such proceedings may be of the class from whom authorizations such matter. The officer so designated in the public interest or for the pro­ are to be solicited by the Committee, and to preside at any such hearing is hereby tection of investors. of persons owning no other securities authorized to exercise ali powers granted By the Commission. of Associated Gas and Electric Company to the Commission under section 18 (c) [ seal], Orval L. DuBois, senior to the Convertible Obligations, due of said Act and to a trial examiner under Secretary. 2002; the Commission’s Rules of Practice. [F. R. Doc. 42-13107; Filed, December 10,1942; The Commission having considered I t is further ordered, That, without 12:47 p. m.] the declaration, as amended, and find­ limiting the scope of the issues presented ing that the requirements of Rule U-62 by said declaration, particular attention are complied with; will be directed at said hearing to the It is therefore ordered, That the dec­ following matters and questions: # [File No. 68-12] laration, as amended, be allowed to be­ (1) Whether the proposed declaration come effective forthwith in the manner of a quarterly dividend out of the capital I rving Elias, et al. and on the terms set forth therein. or unearned surplus of General Gas & ORDER AUTHORIZING SOLICITATIONS By the Commission. Electric Corporation is appropriate and % in the public interest and the interest of [seal] Orval L. D uBois, At a regular session of the Securities investors; Secretary. and Exchange Commission held at its (2) Whether the proposed action to office in the City of Philadelphia, Pa., on [F. R. Doc. 42-13112; Filed, December 10,1942; be taken complies with the provisions of the 8th day of December 1942. 12:48 p. m.] the Public Utility Holding Company Act 10418 FEDERAL REGISTER, Saturday, December 12, 1942 of 1935 and all rules and regulations that purpose shall preside at the hearings Notice is hereby given to the appli­ promulgated thereunder and is not detri­ in such matter. The officer so desig­ cant and to any other persons whose par­ mental to the public interest or the inter­ nated to preside at any such hearing is ticipation in such proceeding may be in est of investors or consumers. hereby authorized to exercise all powers the public interest or for the protection By the Commission. granted to the Commission under sec­ of investors. By the Commission. [ se al] O rval L. D u B o is , tion 18 (c) of said Act, and to a trial Secretary. examiner under the Commission’s Rules [ se al] O rval L. D u B o is , of Practice. Secretary. [F. R. DOC. 42-13108; Filed, December 10,1942; It is further ordered, That without lim-- 12:47 p. m.] iting the scope of the issues presented [F. R. Doc. 42-13111; Filed, December 10,1942; 12:48 p. m.] by said declaration and application, otherwise to be considered in this pro­ [File Nos. 70-638, 70-642] ceeding, particular attention will be di­ [File No. 59-58] G eo rgia- P o w e r and L ig h t C o m p a n y and rected at the hearing to the following N Y P A NJ U t il it ie s C o m p a n y matters and questions. I ndiana S ervice C orporation, et al. (1) The basis for arriving at the con­ n o t ice o f f il in g and order for hearing sideration of $39,825 as consideration for order p o s t p o n in g h e a r in g and d esig n a t­ in g NEW TRIAL EXAMINER A t a regular session of the Securities the $45,000 principal amount of First and Exchange Commission, held at its Mortgage 5% Bonds due June 1, 1978, A t a regular session of the Securities office in the City of Philadelphia, Pa., on of Georgia Power and Light Company; and Exchange Commission held at its the 8th day of December, 1942. (2) The manner and extent to which office in the City o f Philadelphia, Pa., on Notice is hereby given that a declara­ the interests of investors are affected by the 8th day of December, A.\D. 1942. tion and application have been filed with the proposed transactions; In the matter of Indiana Service Cor­ this Commission by NY PA NJ Utilities (3) Whether, and to what extent, it is poration, Clarence A. Southerland and Company, a registered holding company, appropriate in the public interest or for Jay Samuel Hartt, Trustees o f the Estate and Georgia Power and Light Company, the protection of investors and con­ of Midland Utilities Company, Respond­ a subsidiary of a registered holding com­ sumers to impose terms and conditions ents. pany and an associate company of N Y with respect to the proposed transac­ The Commission having, on October PA NJ Utilities Company, pursuant to' tions; and 16, 1942, issued its Notice of and Order sections 10, 12 (d), and 12 (f), of the (4) Whether the proposed transac­ Instituting Proceeding Under sections 11 Public Utility Holding Company Act of tions meet the requirements of the ap­ (b) (2), 15 (f) and 20 (a) of the Public 1935, and Rules U-42, U-43, and U-44 propriate provisions of the Acts and U tility Holding Company Act o f 1935 and promulgated thereunder. Rules and Regulations promulgated n am in g as respondents therein Clarence All interested persons are referred to thereunder. A. Southerland and Jay Samuel Hartt, said filings which are on file in the office By the Commission. Trustees of the Estate of Midland Utili­ of the Commission for a statement of [ seal] O rval L. D u B o is , ties Company, a registered holding com­ the transactions therein proposed, which Secretary. pany, and Indiana Service Corporation, are summarized as follows: a subsidiary thereof; and said order hav­ NY PA NJ Utilities Company proposes [F. R. Doc. 42-13110; Filed, December 10,1942; ing designated December 14,1942, as the to sell to Georgia Power and Light Com­ 12:47 p. m.] date for public hearing in the matter pany, and Georgia Power and Light embraced by said order; and Company proposes to acquire from NY The respondents herein having re­ P A NJ Utilities Company, for cash, in [File No. 811-363] quested that the hearing in this matter the amount of $39,825, First Mortgage be postponed until after January 1,1943; 5% Bonds due June 1, 1978, of Georgia G uardian P u b l ic U t il it ie s I n v e st m e n t and Power and Light Company in the princi­ T rust The Commission having considered pal amount of $45,000. such request and it appearing appropri­ It appearing ¿o the Commission that NOTICE OF AND ORDER FOR HEARING ate that a postponement of the hearing it is appropriate in the public interest A t a regular session of the Securities should be made to January 13, 1943; and in the interest of investors and con­ and Exchange Commission, held at its The Trial Examiner heretofore desig­ sumers that a hearing be held with re­ office in the City of Philadelphia, Pa,, nated to preside at such hearing not be­ spect to such matters, that the declara­ on the 8th day of December, A. D. 1942. ing able to preside at the postponed tion shall not become effective, nor the An application having been filed by hearing; application be granted, except pursuant The Guardian Public Utilities Investment I t is ordered, That the hearing in this to further order of this Commission; Trust pursuant to section 8 (f) of the matter previously scheduled for Decem­ It is ordered, That a hearing on such Investment Company Act of 1940 for an ber 14, 1942, be and is hereby postponed matters under the applicable provisions order declaring that the applicant has to January 13,1943, at the same time and of said Act and Rules of the Commission ceased to be an investment company place as heretofore designated; thereunder be held on the 18th day of within the meaning of said Act; It is further ordered, That William December, 1942, at 10 o’clock a. m., It is ordered, That a hearing on the W. Swift, an officer of the Commission, E. W. T., at the offices of the Securities aforesaid application be held on Decem­ be and hereby is designated to preside and Exchange Commission, 18th and Lo­ ber 21, 1942 at 10:00 o’clock in the fore­ at such hearing in the place and stead cust Streets, Philadelphia, Pennsylvania. noon of that day at the Securities and of, and with the same powers and duties On such day the hearing room clerk in Exchange Commission Building, 18th as, the Trial Examiner heretofore desig­ room 318 will advise as to the room where and Locust Streets, Philadelphia, Penn­ nated to preside at such hearing. such hearing will be held. At such hear­ sylvania. On such day the hearing room By the Commission. ing cause shall be shown why the declara­ clerk in Room 318 will advise interested [ s e a l ! O rval L. DuBois, tion should be permitted to become ef­ parties where such hearing will be held; Secretary. fective and the application should be It is further ordered, That Charles S. granted. Any person desiring to be heard Lobingier, or any other officer or officers [F. R. Doc. 42-13109; Filed, December 10,1942; 12:47 p. m.] in connection with these proceedings, or of the Commission designated by it for proposing to intervene herein, shall file that purpose shall preside at the hear­ ing on such matter. The officer so des­ with the Secretary of the Commission, on . [File Nos. 70-630, 70-636] or before December 15, 1942, his request ignated to preside on such hearing is or application therefor, as provided by hereby authorized to exercise all the M in n e so t a U t il it ie s C o m p a n y , et al. Rule XVII of the Rules of Practice of powers granted to the Commission under NOTICE OF FILINGS AND ORDER FOR CONSOLI­ sections 41 and 42 (b) of the Investment the Commission. DATED HEARINGS It is further ordered, That Richard Company Act of 1940 and to trial exam­ Townsend or any other officer or officers iners under the Commission’s Rules of At a regular session of the Securities of the Commission designated by it for Practice. and Exchange Commission, held at its /

FEDERAL REGISTER, Saturday, Decem ber 12, 1942 10419

office in the City of Philadelphia, It further appearing to the Commis- [Pile Nos. 70-564, 70-561] Pennsylvania, on the 8th day of Decem­ siôn that the hearings should be con­ U n it e d U t il it ie s , I ncorporated, an d T h e ber, A. D. 1942. solidated in the interest of an orderly, U n it e d T e le p h o n e C o m p a n y o p P e n n ­ In the matter of Minnesota Utilities prompt and economical disposition of s y l v a n ia Company, American Utilities Service the matters involved; It is ordered, That the said applica­ order granting applications and p e r m it ­ Corporation and Minnesota Power & tions and declarations be and hereby t in g DECLARATIONS TO BECOME EFFEC­ Light Company. are consolidated for purpose of hearings; TIVE Notice is hereby given that declara­ I t is further ordered, That hearings on A t a regular session of the Securities tions or applications (or both) have such matters under the applicable pro­ and Exchange Commission, held at its been filed with this Commission pursu­ visions of said Act and Rules of the Com­ office in the City of Philadelphia, Penn­ ant to the Public Utility Holding Com­ mission thereunder be held on January sylvania, on the 8th day of December, pany Act of 1935 by American Utilities 12, 1943 at 10:00 A. M., E. W. T., in the A. D. 1942. Service Corporation, a registered hold­ offices of the Securities and Exchange United Utilities, Incorporated, a regis­ ing company and its subsidiary, Minne­ Commission, 18th and Locust Streets, tered holding company, and its subsid­ sota Utilities Company and by a non- Philadelphia, Pennsylvania. On such iary company, The United Telephone day the hearing room clerk in Room 318 affiliated company, Minnesota Power & Company of Pennsylvania, having filed will advise as to the room where such declarations and applications, with Light Company, a subsidiary of American hearings will be held. A t such hearings Power & Light Company, a registered amendments thereto, pursuant to the cause shall be shown why such declara­ Public Utility Holding Company Act of holding company, which in turn is a sub­ tions or applications (or both) shall be­ 1935, particularly sections 6 (b ), 9, 10, sidiary of Electric Bond and Share Com­ come effective or shall be granted. No­ and 12 (f) thereof and Rule U-43 pro­ pany, also a registered holding company. tice is hereby given of said hearings to mulgated thereunder regarding the issue All interested persons are referred to the above-mentioned declarants and ap­ and sale by The United Telephone Com­ said documents which'are on file in the plicants and to all interested persons, pany of Pennsylvania of $146,000 prin­ office of this Commission, for a statement said notice to be given to said declarants cipal amount of First Mortgage Bonds, of the transactions therein proposed, and applicants by registered mail and to Series A, 3%%, due September 1, 1965, which are summarized as follows: all other persons by publication in the at 103 to the John Hancock Mutual Life 1. Minnesota Utilities Company pro­ F ederal R egister; Insurance Company and of 1,500 shares poses to sell and Minnesota Power & It is further ordered, That any person of Common Capital Stock at $50 per Light Company proposes to acquire the desiring to be heard in connection with share, the par value thereof, to United electric properties of the former com­ this proceeding or proposing to intervene Utilities, Incorporated, and regarding the pany comprising its Pine River District herein shall file with the Secretary of the purchase of the said Common Capital located in the Counties of Cass and Crow Commission on or before January 9,1943, Stock by United Utilities, Incorporated, Wing in the State of Minnesota for the his request or application therefor as the proceeds from the sales to be applied sum of $185,000 in cash, plus $15,000 for provided by Rule XVII of the Rules of to the payment and satisfaction of bank materials and current assets, subject to- Practice of the Commission; loans evidenced by notes in the face certain adjustments covering transac­ It is further ordered, That William W. amount of $160,000 and an open account tions between October 1, 1942 and the Swift or any other officer or officers of of $50,000 owed the parent and to in­ date on which the sale and purchase is the Commission designated by it for that crease the subsidiary company’s working consummated. It is contemplated that purpose shall preside at the hearings in capital approximately $12,305; and the said sale and purchase will be con­ such nUitter. The officer so designated Said applications and declarations summated in no event later than Feb­ at any such hearing is hereby authorized having been filed on June 6, 1942 and ruary 1, 1943. to exercise all powers granted to the June 15, 1942, respectively, and certain 2. Minnesota Utilities Company will Commission under section 18 (c) of said amendments having been filed thereto, employ $185,000 of the proceeds of said Act and to a trial examiner under the the last of said amendments having been sale in partial payment of its note in­ Commission’s Rules of Practice; filed on November 30, 1942, the proceed­ debtedness to its parent, American Util­ It is further ordered, That without ings on the said applications and declara­ ities Service Corporation which, pur­ limiting the scope of issues presented by tions hereinabove described, having been suant to the terms of the Indenture said declarations or applications (or consolidated, and notice of said filing securing its Collateral Trust 6% Bonds, both) otherwise to be considered in this and consolidation having been duly given Series A, will deposit said payment with proceeding, particular attention will be in the form and manner prescribed by the Trustee, Continental Illinois National directed at the hearings to the following Rule U-23 promulgated pursuant to said Bank and Trust Company of Chicago. matters and questions: Act and the Commission not having re­ American plans to use said $185,000, to­ 1. Whether the consideration is rea­ ceived a request for a hearing with re­ gether with other funds held or to be held sonable and bears a fair relation to the spect to said declarations and applica­ by the Trustee for the purchase and/or sums invested in or the earning capacity tions within the period specified in said call ©f not to exceed $200,000 of its afore­ of the utility assets proposed to be sold notice, or otherwise, and not having mentioned 6% Bonds and will request and acquired. ordered a hearing thereon; and the Trustee, pursuant to the indenture, 2. Whether competitive conditions The Commission finding with respect to advertise for tenders of $200,000 of were maintained in negotiations for the to said proposed issuance and sale of the said Bonds, to be purchased at the option sale of the property. bonds and common stock that the exemp­ of American with the “release monies” 3. Whether the proposed acquisition tion in the third sentence of section 6 so held by the Trustee. American has will serve the public interest by tending (b) applies; and finding with respect to filed a copy of the material to be used towards the economical and efficient de­ the transactions between the parent and by the Trustee for purposes of advertise­ velopment of an integrated public utility subsidiary company that the require­ ment and by the company for the pur­ system. ments of -section 12 (f) are satisfied; pose of mailing a postal card notice to 4. The propriety of the proposed ac­ and finding that the requirements of sec­ all known holders of said Bonds. It is counting treatment of the transactions tion 10 are satisfied with respect to the contemplated that such publication and on the books of applicants or declarants. purchase by United Utilities, Incorpo- notice will be completed in no event 5. Whether, in general, the proposed iated of the said common stock; and later than March 1, 1943. transactions are necessary or appropri­ the Commission deeming it appropriate It appearing to the Commission that ate in' the public interest or for the pro­ in the public interest and in the interest it is appropriate in the public interest tection of investors or consumers. of investors and consumers to grant the and the interest of investors and con­ By the Commission. sumers that hearings be held with re­ said applications, as amended, and to [ se al] O rval L. D t^Bo is , permit the said declarations, as amended, spect to said matters, that said declara­ Secretary. tions shall not become effective nor said to become effective; applications be granted except pursuant [P. R. Doc. 42-13115; Filed, December 10,1942; It is hereby ordered, Pursuant to Rule to further order of this Commission; and 12:48 p. m.J U-23 and the applicable provisions of No. 243-----9 10420 FEDERAL REGISTER, Saturday, December 12, 1942 said Act and subject to the terms and Notice is hereby given that a declara­ is on file in the office of said Commission, conditions prescribed in Rule U-24, that tion or application (or both) has been for a statement of the transactions there­ the aforesaid applications, as amended, filed with this Commission pursuant to in proposed, which are summarized be and hereby are granted forthwith the Public Utility Holding Company Act below: and that the aforesaid declarations, as of 1935 by the above named parties; and The Wyandotte County Gas Company amended, be and hereby are permitted to Notice is further given that any inter­ proposes to pay and discharge its 6% ested person may, not later than De­ become effective forthwith. Demand Note payable to The Gas Serv­ cember 27, 1942, at 5:30 p. m., E. W. T „ By the Commission, Commissioner ice Company, in the principal amount of Healy dissenting for the reasons set forth request the Commission in writing that a $242,298.98. The Gas Service Company in his memorandum of April 1, 1940. hearing be held on such matter, stating proposes to surrender said note for can­ [SEAL] ORVAL L. DUBOIS, the reasons for such request and the na­ Secretary. ture of his interest, or may request that cellation upon receipt of such payment he be notified if the Commission should and to use the proceeds to discharge its [F. R. Doc. 42-13113; Piled, December 10,1942; order a hearing thereon. At any time open account indebtedness to Kansas 12:48 p. m.] thereafter such declaration or applica­ City Gas Company, of like principal tion, as filed or as amended, may be­ amount. The Wyandotte County Gas come effective or may be granted as pro­ Company, The Gas Service Company and vided in Rule U-23 of the General Rules [Pile No. 70-643] Kansas City Gas Company are affiliated and Regulations promulgated pursuant companies, each being a direct subsidiary T h e W yand o tte C o u n t y G as C o m p a n y to said Act, or the Commission may ex­ of CitieS'Service Company, a registered and T h e G as S ervice C o m p a n y empt such transactions as provided in holding company. Rule U-20 (a ) or Rule U-100 thereof. By the Commission. n o t ic e regarding f il in g Any such request should be addressed: [ seal] O rval L. DuBois, A t a regular session of the Securities Secretary, Securities and Exchange Com­ Secretary. and Exchange Commission, held at its mission, Philadelphia, Pennsylvania. office in the City of Philadelphia, Pa., on All interested persons are referred to [P. R. Doc. 42-13114; Piled, December 10,1942; the 9th day of December, 1942. said declaration or application, which 12:48 p. m.]