REGISTER ^ 1934 ^ VOLUME 5 NUMBER 221 * Wa n t e d ^

Washington, Wednesday, November 13, 1940

The President vessels of Egypt and the produce, manu­ CONTENTS factures, or merchandise imported in said vessels into the United States from THE PRESIDENT Egypt—Suspension op T onnage D uties Egypt or from any other foreign coun­ Proclamations: BY THE PRESIDENT OP THE UNITED STATES OF try; the suspension to take effect from Suspension of tonnage duties: Page AMERICA October 3, 1940, and to continue so long Dominican Republic______4442 as the reciprocal exemption of vessels A PROCLAMATION Egypt------4441 belonging to citizens of the United States Guatemala______'_____ 4441 WHEREAS section 4228 of the Revised and their cargoes shall be continued, and Haiti------4443 no longer. Statutes of the United States, as Venezuela______4444 amended by the act of July 24,1897, c. 13, IN TESTIMONY WHEREOF, I have Washington, closed area under 30 Stat. 214 (U.S.C., title 46, sec. 141), hereunto set my hand and caused the the Migratory Bird Treaty provides, in part, as follows: seal of the United States of America to A c t------4443 be affixed. Upon satisfactory proof toeing given to the Executive Orders: President, by the government of any foreign DONE at the City of Washington this nation, that no discriminating duties of 7th day of November in the year of our Arkansas, public land with­ tonnage or imposts are imposed or levied Lord nineteen hundred and drawal in aid of flood con­ in the ports of such nation upon vessels trol ------4450 [ seal] forty, and of the Independence wholly belonging to citizens of the United Civil Service Rules, general States, or upon the produce, manufactures, of the United States of America or merchandise imported in the same from the one hundred and sixty-fifth. amendments______4445 the United States or from any foreign coun­ Civilian officers and employees try, the President may issue his proclama­ Franklin D R oosevelt of United States, transpor­ tion, declaring that the foreign discriminat­ By the President: ing duties of tonnage and impost within tation expense payments the United States are suspended and dis­ Cordell H ull for household goods, etc____ 4448 continued, so far as respects the vessels of The Secretary of State. Land forces, number to be in­ such foreign nation, and the produce, manu­ ducted prior to July 1, factures, or merchandise imported into the [No. 24351 United States from such foreign nation, or 1941, etc______4449 [P. R. Doc. 40-4839; Piled, November 12, 1940; Power Site Reserve No. 461, from any other foreign country; the sus­ 11:47 a. m.] pension to take effect from the time of such Idaho, modification______4449 notification being given to the President, Tax returns, inspection by re­ and to continue so long as the reciprocal exemption of vessels, belonging to citizens j ceivers and trustees in of the United States, and their cargoes, shall G uatemala-—Suspension of T onnage bankruptcy______4444 be continued, and no longer * * *; D uties RULES, REGULATIONS, AND WHEREAS satisfactory proof BY THE PRESIDENT OF THE UNITED STATES ORDERS was received by me from the Government OF AMERICA of Egypt on October 3, 1940, that no dis­ T itle 7— A griculture: A PROCLAMATION criminating duties of tonnage or imposts Agricultural Adjustment Ad­ are imposed or levied in the ports of WHEREAS section 4228 of the Revised ministration: Egypt upon vessels wholly belonging to Statutes of the United States, as amended Burley tobacco, proclamation citizens of the United States, or upon by the act of July 24, 1897, c. 13, 30 Stat. of national marketing the produce, manufactures, or mer­ 214 (U.S.C., title 46, sec. 141), provides, quota for 1941-42______4450 chandise imported in such vessels, from in part, as follows: Flue-cured tobacco, determi­ the United States, or from any foreign Upon satisfactory proof being given to the nation of acreage allot­ country: President, by the government of any for­ ments for 1941______4451 eign nation, that no discriminating duties T itle 10— Ar m y : W ar D epartment: NOW, THEREFORE, L FRANKLIN D. of tonnage or imposts are imposed or levied ROOSEVELT, President of the United in the ports of such nation upon vessels Aid of Civil Authorities, etc.; States of America, by virtue of the au­ wholly belonging to citizens of the United Safeguarding Technical In ­ States, or upon the produce, manufactures, formation; invitations for thority vested in me by the above-quoted or merchandise imported in the same from statutory provisions, do hereby declare the United States or from any foreign coun­ bids and contracts______4452 and proclaim that the foreign discrim­ try, the President may issue his proclamation, Military Reservations and Na­ inating duties of tonnage and imposts declaring that the foreign discriminating tional Cemeteries; Post Ex­ duties of tonnage and impost within the within the United States are suspended United States are suspended and discon­ changes ______4453 and discontinued so far as respects the tinued, so far as respects the vessels of such (Continued on next page) 4441 4442 FEDERAL REGISTER, Wednesday, Novem ber 13, 1940

CONTENTS—Continued IN TESTIM ONY WHEREOF, I have hereunto set my hand and caused the Federal Communications Commis­ seal of the United States of America to FEDERAL^REGISTER sion : Page be affixed. l®3* «ÿJK Roberts-MacNab Co., hearing_ 4465 DONE at the City of Washington this Federal Power Commission: 7th day of November in the year of our Puget Sound Power & Light Co., Lord nineteen hundred and hearing postponed______4467 Published dally, except Sundays, Mondays, [ seal] forty, and of the Independence and days following legal holidays by the Federal Security Agency: of the United States of America Division of the Federal Register, The National Social Security Board: Archives, pursuant to the authority con­ the one hundred and sixty-fifth. Certification to Unemploy­ tained in the Federal Register Act, approved Franklin D R oosevelt July 26, 1935 (49 Stat. 500), under regula­ ment Compensation and tions prescribed by the Administrative Com­ Placement Division of By the President: mittee, approved by the President. Cordell H ull The Administrative Committee consists of Oklahoma______4467 the Archivist or Acting Archivist, an officer Securities and Exchange Commis­ Secretary of State. of the Department of Justice designated by sion: the Attorney General, and the Public Printer [No. 2436] Lakeside Light and Power Co., or Acting Public Printer. [F. R. Doc. 40—4840; Filed, November 12 The daily issue of the F ederal Register application approved______4467 1940; 11:47 a. m.] will be furnished by mail to subscribers, free Louisiana Ice and Electric Co., of postage, for $1.25 per month or $12.50 per Inc., effectiveness of decla­ year; single copies 10 cents each; payable in advance. Remit money order payable to the ration______4468 Superintendent of Documents directly to the Wisconsin Public Service Corp., D ominican R epublic—Suspension op Government Printing Office, Washington, D. C. application granted______4467 T onnage D uties War Department: BY THE PRESIDENT OP THE UNITED STATES CONTENTS—Continued Contract summaries: OP AMERICA Beech Aircraft Corp______4456 T itle 14— Civil A viation: Buell, T. H., & Co______4461 A PROCLAMATION Civil Aeronautics Authority: PaS® Colt’s Patent Fire Arms WHEREAS section 4228 of the Revised Certificates of convenience Manufacturing Co______4456 Statutes of the United States, as amended and necessity, amend­ Curtiss-Wright Corp_._____ ;_ 4459 by the act of July 24, 1897, c. 13, 30 Stat. ment relative to applica­ Du Pont de Nemours & Co____ 4459 214 (U. S. C., title 46, sec. 141), provides, tions ______4455 General Motors Corp______4460 in part, as follows: T itle 26— I nternal R evenue: Rommel, Geo. H., Co______4457 Bureau of Internal Revenue: Upon satisfactory proof being given to the Savage Arms Corp______:__ 4457 President, by the government of any foreign Tax returns, inspection by re­ nation, that no discriminating duties of ton­ ceiver or trustee in bank­ nage or imposts are imposed or levied in the ruptcy______4455 ports of such nation upon vessels wholly be­ foreign nation, and the produce, manufac­ T itle 49 — T ransportation and longing to citizens of the United States, or tures, or merchandise imported into the upon the produce, manufactures, or mer­ R ailroads: United States from such foreign nation, or chandise imported in the same from the Interstate Commerce Commis­ from any other foreign country; the sus­ United States or from any foreign country, sion: pension to take effect from the time of such the President may issue his proclamation, notification being given to the President, declaring that the foreign discriminating Safety of operation of motor and to continue so long as the reciprocal ex­ duties of tonnage and impost within the vehicles used in trans­ emption of vessels, belonging to citizens of United States are suspended and discontin­ porting property by pri­ the United States, and their cargoes, shall ued, so far as respects the vessels of such vate carriers______4455 be continued, and no longer * * *; foreign nation, and the produce, manufac­ tures, or merchandise imported into the NOTICES WHEREAS satisfactory proof was re­ United States from such foreign nation, or ceived by me from the'Government of from any other foreign country; the sus­ Department of Agriculture: Guatemala on October 19, 1940, that no pension to take effect from the time of such Rural Electrification Adminis­ discriminating duties of tonnage or im­ notification being given to the President, and to continue so long as the reciprocal exemp­ tration: posts are imposed or levied in the ports Allocation of funds for loans tion of vessels, belonging to citizens of the of Guatemala upon vessels wholly be­ United States, and their cargoes, shall be (2 documents)______4463,4464 longing to citizens of the United States, continued, and no longer * * *; ' Project designations amended. 4463 or upon the produce, manufactures, or WHEREAS satisfactory proof was re­ Department of Commerce: merchandise imported in such vessels, Bureau of Marine Inspection ceived by me from the Government of the from the United States, or from any Dominican Republic on October 19, 1940, and Navigation: foreign country: that no discriminating duties of tonnage Transportation of explosives, etc., hearing on proposed NOW, THEREFORE, I, Franklin D. or imposts are imposed or levied in the regulations------4464 Roosevelt, President of the United States ports of the Dominican Republic upon vessels wholly belonging to citizens of the Civil Aeronautics Authority: of America, by virtue of the authority Investigation of accident near vested in me by the above-quoted statu­ United States, or upon the produce, man­ ufactures, or merchandise imported in Centerville, Utah, hear­ tory provisions, do hereby declare and ing______;______4464 proclaim that the foreign discriminat­ such vessels, from the United States, or Department of the Interior: ing duties of tonnage and imposts within from any foreign country: Bituminous Coal Division: the United States are suspended and dis­ NOW, THEREFORE, I, Franklin D. Hearing and temporary relief continued so far as respects the vessels Roosevelt, President of the United States orders: of Guatemala and the produce, manu­ of America, by virtue of the authority Bellemead Coal Co______4462 factures, or merchandise imported in said vested in me by the above-quoted statu­ District Board No. 18______4463 vessels into the United States from Gua­ tory provisions, do hereby declare and District Board No. 20______4461 temala or from any other foreign coun­ proclaim that the foreign discriminating Department of Labor: try; the suspension to take effect from duties of tonnage and imposts within the Wage and Hour Division: October 19, 1940, and to continue so long United States are suspended and discon­ Learner employment certifi­ as the reciprocal exemption of vessels tinued so far as respects the vessels of the cates, issuance for various belonging to citizens of the United States Dominican Republic and the produce, industries (3 docu- and their cargoes shall be continued, and manufactures, or merchandise imported ments)______4464,4465 no longer. in said vessels into the United States FEDERAL REGISTER, Wednesday, November 13, 1940 4443 from the Dominican Republic or from United States are suspended and discon­ or waters in Willapa Bay within the any other foreign country; the suspen­ tinued so far as respects the vessels of boundary hereinafter described, which sion to take effect from October 19, Haiti and the produce, manufactures, or said lands and waters at the date hereof 1940, and to continue so long as the re­ merchandise imported in said vessels into are adjacent to or in the vicinity of, but ciprocal exemption of vessels belonging the United States from Haiti or from any not incorporated in, the said Willapa to citizens of the United States and their other foreign country; the suspension National Wildlife Refuge, would defeat cargoes shall be continued, and no longer. to take effect from October 19, 1940, and the protection sought to be extended to IN TESTIMONY WHEREOF, I have to continue so long as the reciprocal ex­ such migratory waterfowl and other mi­ hereunto set my hand and caused the emption of vessels belonging to citizens of gratory birds by the establishment of said seal of the United States of America to the United States and their cargoes shall refuge and, therefore, would be incom­ be affixed. be continued, and no longer. patible with the terms of said Conven­ DONE at the City of Washington this IN TESTIMONY WHEREOF, I have tion: 7th day of November in the year of our hereunto set my hand and caused the WHEREFORE, by virtue of the Lord nineteen hundred and seal of the United States of America to authority vested in me by the Migratory [ seal] forty, and of the Independence be affixed. Bird Treaty Act of July 3, 1918 (40 Stat. of the United States of America DONE at the City of Washington this 755), and Reorganization Plan No. H the one hundred and sixty-fifth. 7th day of November in the year of our (53 Stat. 1431), and in extension of Lord nineteen hundred and F r a n k l in D R oosevelt Regulation 4 of the Migratory Bird [ seal] forty, and of the Independence By the President; Treaty Act Regulations, the aforesaid of the United States of America lands and waters in Willapa Bay lying C ordell H u l l the one hundred and sixty-fifth. within the following-described boundary Secretary of State. F r a n k l in D R oosevelt are designated as a closed area, and the [No. 2437] By the President: hunting, taking, capturing, or killing of [F. R. Doc. 40-4838; FUed, November 12, 1940; C ordell H u l l migratory waterfowl or other migratory 11:*47 a. m.J Secretary of State. birds, or the attempt to hunt, take, cap­ ture, or kill such waterfowl or other birds, „ [No. 2438] or the taking of their nests or eggs [F. R. Doc. 40-4842; Filed, November 12, therein or thereon, is not permitted: H a it i—Su sp en sio n op T onnage D uties 1940; 11:48 a. m.]

BY THE PRESIDENT OF THE UNITED STATES Willamette Meridian OP AMERICA Beginning at the meander corner be­ C losed A rea U nder th e M ig rato ry B ird A PROCLAMATION tween sections 5 and 8, T. 10 N., R. 10 T r ea ty A c t, W ash in g to n W., on the east bank and near the mouth WHEREAS section 4228 of the Revised BY THE PRESIDENT OP THE UNITED STATES OP of Bear River, at Willapa Bay; Statutes of the United States, as AMERICA amended by the act of July 24, 1897, c. Thence west approximately 20 chains 13, 30 Stat. 214 (U.S.C., title 46, sec. 141), A PROCLAMATION to the west side of Bear River Channel; provides, in part, as follows: WHEREAS the Acting Secretary of the Thence in Willapa Bay with the west Upon satisfactory proof being given to Interior has submitted to me for approval side of said channel, the following regulation adopted by him the President, by the government of any for­ Northerly to a point which bears S 35° eign nation, that no discriminating duties on October 22, 1940, under authority of W., 25 chains (approximately) from the of tonnage or imposts are imposed or levied the Migratory Bird Treaty Act of July 3, in the ports of such nation upon vessels southernmost extremity of High Point on wholly belonging to citizens of the United 1918 (40 Stat. 755, 16 U.S.C. 704), and Long Island; States, or upon the produce, manufactures, Reorganization Plan No. n (53 Stat. or merchandise imported in the same from 1431): Thence continuing with Bear River the United States or from any foreign coun­ Channel, try, the President may issue his proclama­ REGULATION DESIGNATING AS CLOSED AREA tion, declaring that the foreign discriminat­ UNDER THE MIGRATORY BIRD TREATY ACT Westerly to a point on the east side of ing duties of tonnage and impost within the United States are suspended and discon­ CERTAIN LANDS AND WATERS ADJACENT TO Tarlett Slough Channel, at its point of tinued, so far as respects the vessels of such AND IN THE VICINITY OF THE WILLAPA NA­ confluence with the said Bear River foreign nation, and the produce, manufac­ TIONAL WILDLIFE REFUGE, WASHINGTON Channel; tures, or merchandise imported into the United States from such foreign nation, or I, E. K. Burlew, Acting Secretary of Thence crossing Tarlett Slough Chan­ from any other foreign country; the sus­ the Interior, after consideration of the nel, pension to take effect from the time of such exigencies of the migratory waterfowl notification being given to the President, Westerly to a point on the west side of and other migratory birds included in the and to continue so long as the reciprocal ex­ said channel, a comer in the southwest­ emption of vessels, belonging to citizens of terms of the Convention between the erly boundary of the Long Island Oyster the United States, and their cargoes, shall be United States and Great Britain for the continued, and no longer * * *; Reserve; protection of migratory birds, concluded WHEREAS satisfactory proof was re­ August 16, 1916, resident upon and re­ Thence continuing in Willapa Bay, with ceived by me from the Government of sorting to the Willapa National Wildlife the west, north, and east boundaries of Haiti on October 19, 1940, that no dis­ Refuge, in Pacific County, Washington, the said Long Island Oyster Reserve. criminating duties of tonnage or imposts which was established as the Willapa N. 22°42'51" W., 107.775 chains; are imposed or levied in the ports of Haiti Harbor Migratory Bird Refuge by Execu­ N. 87°07'15" W., 13.318 chains; upon vessels wholly belonging to citizens tive Order No. 7541, of January 22, 1937, N. 2°44TO" E., 45.125 chains; of the United States, or upon the produce, and enlarged by Executive Order No. N. 66°27'05" E., 43.126 chains; manufactures, or merchandise imported 7721, of October 8,1937, and the designa­ N. 32T8'31" W., 52.81 chains; in such vessels, from the United States, tion of which was changed to Willapa Na­ N. 10°31'44" W., 72.773 chains; or from any foreign country; tional Wildlife Refuge by Proclamation N. 32T2'20" W., 56.344 chains; NOW, THEREFORE, I, Franklin D. No. 2416, of July 25, 1940, have deter­ N. 15°10T4" W., 51.602 chains; Roosevelt, President of the United States mined that to allow the hunting, taking, S. 84°26'05" E., 37.668 chains; of America, by virtue of the authority capturing, or killing of migratory water- N. 0°56'50" W., 184.14 chains; vested in me by the above-quoted statu­ fowl or other migratory birds, or the at­ N. 28°51'36" E., 47.888 chains; tory provisions, do hereby declare and tempt to hunt, take, capture, or kill such S. 84°23'35" E., 130.19 chains; proclaim that the foreign discriminating waterfowl or other birds, or the taking S. 80°35'53" E., 35.341 chains; duties of tonnage and imposts within the of their nests or eggs in or on any lands S. 7°48T4" E., 154.995 chains; 4444 FEDERAL REGISTER, Wednesday, November 13, 1940

S. 37°44'01" E., 124.408 chains to a [ seal] forty, and of the Independence United States and their cargoes shall be comer of the said Long Island Oyster of the United States of America continued, and no longer. Reserve on the east side of Stanley Chan­ the one hundred and sixty-fifth. IN TESTIMONY WHEREOF I have nel, which comer bears S. 7° E., 18 chains hereunto set my hand and caused the F r a n k l in D R oosevelt (approximately) from the meander cor­ seal of the United States of America to ner between section 32, T. 12 N., R. 10 W., By the President: be affixed. and section 5, T. 11 N., R. 10 W.; Cordell H u l l Secretary of State. DONE at the City of Washington this Thence crossing Stanley Channel near 8th day of November in the year of our the mouth of Nasal River, [No. 24391 Lord nineteen hundred and [ se al] forty, and of the Independence Southerly 83 chains (approximately) [F. R. Doc. 40-4843; Filed, November 12, 1940; to a corner in the boundary of the Long 11:47 a. m.] of the United States of America Island Oyster Reserve on the east side the one hundred and sixty-fifth. of Long Island Slough, which comer F r a n k l in D R oosevelt bears S. 72° W., 38 chains (approxi­ V enezuela—Su s p e n s io n of T onnage By the President: mately) from the meander corner be­ D u t ie s Cordell H u l l tween sections 8 and 9, T. 11 N „ R. BY THE PRESIDENT OF THE UNITED STATES OF Secretary of State. 10 W.; AMERICA [No. 2440] Thence in Long Island Slough, with A PROCLAMATION the boundary of said Long Island Oyster [F. R. Doc. 40-4841; Filed, November 12, 1940; Reserve, WHEREAS section 4228 of the Revised 11:48 a. m.] Statutes of the United States, as S. 3°08'43" E., 36.468 chains; amended by the act of July 24,1897, c. 13, S. 13°17'57" E., 175.699 chains to a 30 Stat. 214 (U.S.C., title 46, sec. 141), EXECUTIVE ORDER corner of the Long Island Oyster provides, in part, as follows: Reserve; A u t h o r izin g th e I n s pe c tio n b y R eceiv­ Upon satisfactory proof being given to ers, and T rustees i n B a n k r u pt c y , and Thence S. 13°17'57" E., to an inter­ the President, by the government of any section with the north boundary of sec. foreign nation, that no discriminating duties T h e ir D u l y C o nstitu ted A ttorneys 21, T. 11 N., R. 10 W., on the shore of of tonnage or imposts are imposed or levied i n F act, of Ce r t a in R eturns M ade in the ports of such nation upon vessels U nder th e I nte r na l R evenue Code and Long Island Slough; wholly belonging to citizens of the United of I ncom e, E xcess-P r o fits , and Ca p i­ Thence with the westerly boundary of States, or upon the produce, manufac­ sections 21, 20, 29, and 32 of T. 11 N., R. tures, or merchandise imported in the ta l S to c k T a x R eturns F iled U nder 10 W., and section 5, T. 10 N., R. 10 W., same from the United States or from any th e R evenue A ct of 1938 or P rior foreign country, the President may issue his R evenue A cts, G if t T a x R eturns along the east shore of Long Island proclamation, declaring that the foreign dis­ Slough and Willapa Bay to the place of criminating duties of tonnage and impost F iled A fter Ju n e 16, 1933, and R e­ beginning; within the United States are suspended and tu rn s U nder T it l e IX of th e Social discontinued, so far as respects the vessels of S e c u r it y A ct excepting therefrom such of the lands such foreign nation, and the produce, manu­ comprised in the island known as Long factures, or merchandise imported into the By virtue of the authority vested in United States from such foreign nation, or me by section 55 (a) of the Internal Island as are not reserved, set apart, and from any other foreign country; the suspen­ designated as the Willapa National Wild­ sion to take effect from the time of such Revenue Code (53 Stat. 29), section 257 life Refuge by the aforesaid Executive notification being given to the President, and (a) of the Revenue Act of 1926 (44 Stat. orders. to continue so long as the reciprocal exemp­ 9, 51), section 55 of the Revenue Act of tion of vessels, belonging to citizens of the 1928 (45 Stat. 791, 809), section 55 of All lands and waters constituting the United States, and their cargoes, shall be continued, and no longer * * * ; the Revenue Act of 1932 (47 Stat. 169, Willapa National Wildlife Refuge are 189), as amended by section 218 (h) of closed by virtue of the aforesaid orders, AND WHEREAS satisfactory proof was the National Industrial Recovery Act and by the acts of Congress thereunto received by me from -the Government (48 Stat. 195, 209), sections 215 (e) appertaining, to entry for any purpose of Venezuela on October 23, 1940, that and 216 (b) of the National Industrial except in accordance with regulations of no discriminating duties of tonnage or Recovery Act (48 Stat. 195, 208), sections the Secretary of the Interior. All hunt­ imposts are imposed or levied in the ports 55 (a ), 351, 701 (e), and 702 (b) of the ing either of migratory or nonmigratory of Venezuela upon vessels wholly belong­ Revenue Act of 1934 (48 Stat. 680, 698, birds or of wildlife of any kind on said ing to citizens of the United States, or 751, 769, 770), sections 105 (e) and 106 lands and waters is forbidden by law. upon the produce, manufactures, or mer­ (c) of the Revenue Act of 1935 (49 Stat. AND WHEREAS upon consideration it chandise imported in such vessels, from 1014, 1018, 1019), section 905 of the So­ appears that the foregoing regulation will the United States, or from any foreign cial Security Act (49 Stat. 620, 641), sec­ tend to effectuate the purposes of the country: tions 55 (a ), 351 (c ), and 503 (a) of the aforesaid Migratory Bird Treaty Act: NOW, THEREFORE, I, Franklin D. Revenue Act of 1936 (49 Stat. 1648, 1671, NOW, THEREFORE, I, FRANKLIN D. Roosevelt, President of the United States 1733, 1738), and sections 55 (a ), 409, 601 ROOSEVELT, President of the United of America, under and by virtue of the (e), and 602 (c) of the Revenue Act of States of America, under and by virtue of authority vested in me by the above- 1938 (52 Stat. 447, 564, 565, 567), it is the authority vested in me by the afore­ quoted statutory provisions, do hereby hereby ordered that the following-desig­ said Migratory Bird Treaty Act, do here­ declare and proclaim that the foreign nated returns shall be open to inspection by approve and proclaim the foregoing discriminating duties of tonnage and im­ by a receiver, or trustee in bankruptcy, regulation of the Acting Secretary of the posts within the United States are sus­ and by their duly constituted attorneys Interior. pended and discontinued so far as re­ in fact, in accordance and upon compli­ IN WITNESS WHEREOF I have here­ spects the vessels of Venezuela and the ance with the rules and regulations pre­ unto set my hand and caused the seal of produce, manufactures, or merchandise scribed by the Secretary of the Treasury the United States of America to be imported in said vessels into the United in the Treasury decision relating to the affixed. States from Venezuela or from any other inspection of such returns approved by foreign country; the suspension to take me on August 28, 1939,1 and the amend­ DONE at the City of Washington this effect from October 23, 1940, and to con­ ments thereto approved by me on July 7th day of November in the year of our tinue so long as the reciprocal exemp­ Lord nineteen hundred and tion of vessels belonging to citizens of the >4 F. R, 3778. FEDERAL REGISTER, Wednesday, Novem ber IS, 1940 4445

20, 1940,2 and this date, and the rules religious opinions or affiliations, except the period which his name is carried on and regulations prescribed by the Secre­ as may be authorized or required by law. such rolls. tary of the Treasury in the Treasury Rule I is further amended by adding Any person who fails to meet the decision relating to inspection of returns thereto at the end thereof the following above-stated requirements of this section under revenue acts prior to the Internal section to be numbered 4: may, in the discretion of the head of Revenue Code approved by me on No­ the agency concerned, be retained in the vember 12, 1938,3 and the amendments 4. Attempting to secure withdrawals. position in which he is serving without thereto approved by me on July 20, 1940, No applicant for competitive examina­ acquiring a classified (competitive) and this date: tion, or eligible on any civil service status, but such employee may not be register, or officer or employee in the (1) Income (including income of per­ promoted, transferred, or assigned to executive civil service, shall directly or sonal holding companies and unjust en­ any other classified (competitive) posi­ indirectly persuade, induce, or coerce, or richment income), excess-profits, capi­ tion. attempt to persuade, induce, or coerce tal stock, and gift tax returns under the any prospective applicant, applicant, or Section 7 of Rule n is amended to read Internal Revenue Code and returns of as follows: eligible to withhold filing application or employment tax on employers under to withdraw from competition or eligibil­ 7. Classification in post offices. The Subchapter C of Chapter 9 of such Code. ity for positions in the competitive clas­ Postmaster General shall promptly notify (2) (a) Income, excess-profits, and sified civil service, for the purpose of the Commission of each order for the ad­ capital stock tax returns made under the either improving or injuring the pros­ vancement bf any post office from the Revenue Act of 1938, the Revenue Act pects or chances of any such applicant or third class to the second class, or for the of 1936, the Revenue Act of 1935, the eligible. The penalty for violation of consolidation of any post office with one Revenue Act of 1934, the National Indus­ this section by applicants or1 eligibles in which the employees are classified trial Recovery Act, the Revenue Act of shall be cancellation of application or as competitive. On the effective date 1932, the Revenue Act of 1932 as amend­ eligibility, as the case may be, and such of any such order, section 6 of this rule ed by the National Industrial Recovery other penalty as the Civil Service Com­ shall apply to the positions, officers, and Act, and under the prior Revenue Acts, mission may deem appropriate. The employees of the offices affected, and all (b) gift tax returns made under the Rev­ penalty-for violation of this rule on the other provisions of these rules shall be­ enue Act of 1932 or the Revenue Act of part of officers or employees in the exec­ come applicable to all officers and em­ 1932 as amended, and filed after June 16, utive civil service shall be such discipli­ ployees who so qualify and to all such 1933, (c) returns made under Title IX of nary action as the Commission shall positions thereafter filled in the same the Social Security Act, and (d) returns direct. manner as they apply to those in offices made under any of such Acts as amended. now classified. The Postmaster Gen­ Section 6 of Rule II is amended to F r a n k l in D R oosevelt eral shall, upon the date he reports the read as follows: advancement of any post office from the T he W h it e H ouse, November 7, 1940. 6. Excepted employees— when classi­third to the second class, or as soon fied. Except as provided in section 7 thereafter as is practicable, notify the [No. 85861 of this rule, a person holding a position Commission as to which of the em­ [F. R. Doc. 140-4808; Filed, November 8, 1940; when it is placed in the classified (com­ ployees in such office he recommends 2:16 p. m.] petitive) service or otherwise is made for classification. Section 6 of this rule subject to competitive examination shall, j shall also atfply to the position of post­ upon recommendation to the Commis­ master of any office which may have been heretofore or may be hereafter EXECUTIVE ORDER sion by the head of the department or agency in which he is employed have all relegated to the fourth class. A m ending C e rtain P rovisions of the the rights which he would have acquired Section 8 of Rule II is amended to C iv il S ervice R ules if appointed thereto by competitive ex­ read as follows: amination: Provided: (a) That he has By virtue of and pursuant to the au­ rendered six months of satisfactory ac­ 8. Appointment without competitive thority vested in me by section 1753 of tive service in the civilian executive examination in rare cases. Whenever the Revised Statutes (U.S.C., title 5, sec. branch of the Federal Government im­ the Commission shall find that the du­ 631) and by the Civil Service Act (22 mediately prior to the effective date of ties or compensation of a vacant posi­ Stat. 403), the Civil Service Rules are the change in status of the position, and tion are such, or that qualified persons hereby amended as follows: continues to serve in such position for 60 are so rare, that in its judgment such Section 2 of Rule I is amended to read days thereafter; (b) that he shall pass position cannot, in the interest of good as follows: such appropriate noncompetitive tests of civil-service administration, be filled at that time through open competitive ex­ 2. No disclosure or discriminations.fitness as the Commission may prescribe; and (c) that he is not disqualified by any amination, it may authorize such No question in any form of application vacancy to be filled without competitive or in any examination shall be so framed provision of section 3 of Civil Service Rule V or of any other civil service rule examination; and in any case in which as to elicit information concerning the such authority is given, evidence satis­ or by any provision of the Civil Service political or religious opinions or affilia­ factory to the Commission of the quali­ tions of any applicant, nor shall any in­ Act or any other statute or executive order: Provided further, that in con­ fications of the person to be appointed quiry be made concerning such opinions without competitive examination shall ferring a classified competitive status or affiliations, and all disclosures thereof be required. A detailed statement of upon any employee under this or any shall be discountenanced, except as to the reasons for its action in any case other rule or any statute or executive such membership in political parties or arising hereunder shall be made in the order, the Commission (a) may, in its organizations as constitutes by law a dis­ records of the Commission and shall be discretion, exempt from the physical re­ qualification for Government employ­ published in its annual report. Any quirements established for any position ment. No discrimination shall be exer­ person heretofore or hereafter appointed any employee who has rendered long and cised, threatened, or promised by any under this rule shall acquire a competi­ faithful service in a civil capacity for person in the executive civil service tive classified status under such regula­ the Government, and (b) may consider a against or in favor of any applicant, tions as the Commission may prescribe, person whose name is carried on the eligible, or employee in the classified serv­ but may not be transferred or assigned ice because of race, or his political or compensation rolls of the Employees’ to any other position without the express Compensation Commission as having prior approval of the Commission. Any 8 5 F JR. 2646. rendered satisfactory active service in subsequent vacancy in such position *3 F.R. 2689. the position in which he last served for shall not be filled without competitive 4446 FEDERAL REGISTER, Wednesday, November 13, 1940 examination except upon express au- | 1. Citizenship. No person shall be ad­ fied for employees otherwise eligible to thority of the Commission in accordance mitted to examination unless he is a citi­ compete in such examinations. Em­ with this section. zen of or owes allegiance to the United ployees eligible to compete in any such examination shall be granted annual Rule II is further amended by adding States. thereto at the end thereof the following Section 3 of Rule V is amended to read leave of absence for the time required to take such examination. section to be numbered 9: as follows: Section 3 of Rule V I is amended to 9. Service "beyond seas. A citizen of 3. Disqualifications. The Commission read as follows: the United States who has rendered may, in its discretion, refuse to examine faithful service for not less than 7 years an applicant for appointment or rein­ 3. Term of eligibility. The term of beyond the seas in a civil capacity not in statement or to certify an eligible for eligibility shall be one year beginning contravention of the civil service laws or any of the following reasons: (a) Dis­ with the date on which the name of the rules may be given a classified status un­ missal from the service for delinquency eligible is entered on the register. This der such regulations as the Commission or misconduct; (b) physical or mental term may be extended, in the discretion may prescribe, upon certification by the unfitness for the position for which he of the Commission, for all eligibles on head of the department or office in which applies: Provided, that the Commission the register when the conditions of good he served that the case is one of excep­ may, in its discretion, exempt from the administration render it inexpedient to tional merit: Provided, that shortly be­ physical requirements established for any hold a new examination. After two fore such employment he resided for a position a disabled honorably discharged years, the Commission may, in its dis­ substantial period of time in the United soldier, sailor, or marine, upon a cer­ cretion, as to examinations in which ex­ States. tificate of the United States Veterans’ perience was part of the test, require a Administration attesting that he has supplementary examination of addi­ Section 2 of Rule III is amended to read completed an appropriate and sufficient tional and interim experience and rees­ as follows: rehabilitatory course of training for the tablish the register after the rerating of 2. "Noncompetitive examinations. The duties of the class of positions in which such experience. In such cases those Commission may give noncompetitive ex­ employment is sought: Provided further, eligibles who fail to file additional ex­ aminations to test fitness for (a) rein­ that the Commission may, in its discre­ perience data, as required by the Com­ statement, and (b) appointment to tion, waive the physical requirements in mission, or who fail to meet the require­ positions excepted from the classified the case of a disabled veteran not so ments or to receive a passing mark on service under these rules or by Executive trained to permit his examination; (c) rerating, shall be dropped from the order; and may give noncompetitive ex­ criminal, infamous, dishonest, immoral, register. amination for transfer or promotion or notoriously disgraceful conduct; (d) Section 2 (b) of Rule V II is amended when in its opinion competitive examina­ intentionally making a false statement to read as follows: tions are not practicable. as to any material fact, or practicing any deception or fraud in securing examina­ (b) Selections. The nominating or Section 1 (b) of Rule IV is amended to tion, registration, certification, or ap­ appointing officer shall make selections read as follows: pointment; (e) refusal to furnish for the first vacancy from not more than (b) Where qualified special examinerstestimony as required by Rule X IV; (f) the highest three persons certified, or on are not available in the Federal service, habitual use of intoxicating beverages to the register, with sole reference to merit the Commission may designate individ­ excess; and (g) illegality of appointment and fitness, unless objection shall be uals outside the service specially qualified applied for. made and sustained by the Commission by experience and training, and of out­ Any of the reasons stated in the fore­ to, one or more of the persons certified, standing reputation in their own field, to going subdivisions from (b) to (g ), in­ for any of the reasons stated in Rule V, serve on a board of examiners for a par­ clusive, shall also be sufficient cause for section 3, or in the case of positions in ticular examination, and may compen­ removal from the service. Federal agencies concerned in prepared­ sate them for such service on a per-diem ness and the national-defense program, basis. Section 4 of Rule, V is amended to for such other reasons as may be ap­ read as follows: Section 2 of Rule TV is amended to read proved by the Commission. For the as follows: 4. Age limits. The Commission may, second vacancy the nominating or ap­ with the approval of the proper appoint­ pointing officer shall make selection 2. Cooperation with other boards, com­ ing officer, change by regulation the ex­ from not more than the highest three missions, and agencies. The Commission isting age limits for entrance to the remaining who have not been within his shall render all practicable assistance to examinations under these rules, but per­ reach for three separate vacancies, or the Philippine and Puerto Rico civil serv­ sons entitled to veteran preference may against whom objection has not been ice boards, and such other Federal, be examined without regard to age ex­ made and sustained in the manner indi­ State, or local agencies as shall request cept for such positions as the Commission cated. The third and any additional its cooperation and offer like cooperation shall specify: Provided, that they have vacancies shall be filled in like manner. or adequately provide its share of the ex­ not reached the retirement age for the More than one selection may be made pense, and shall conduct or join in con­ position sought. from the three persons next in order for ducting examinations, upon their request, appointment, or from two persons if the under such regulations as may be jointly The second paragraph of section 1 of register contains the names of only two, agreed upon. The Commission may, in Rule V I is amended to read as follows: subject to, the requirements of section 3 its discretion, certify eligibles from ap­ Employees in any positions in the of this rule as to the apportionment. propriate registers maintained by the executive civil service who have a clas­ An appointing officer who passes over Philippine and Puerto Rico civil service sified civil service status and who are an eligible veteran and selects a non­ boards and the civil service boards of qualified to enter any open competitive veteran shall, file with the Civil Service State and local agencies: Provided, that examination may, upon earning a pass­ Commission a statement setting forth in in the opinion of the Commission the ing mark therein, be placed also upon detail his reasons for so doing, which rea­ examinations from which such registers a separate list of eligible Government sons shall not be made available to the were established meet the requirements employees, which list may be certified veteran or to anyone else except in the of these rules and the standards estab­ separately in accordance with the civil discretion of the appointing officer. The lished for examinations for the Federal service rules to fill vacancies occurring Commission shall review these reasons classified civil service. in the positions for which the examina­ and in every instance where they are not Section 1 of Rule V is amended to read tion is held. Age limitations may be regarded as adequate shall so advise the as follows: waived and physical requirements modi­ head of the appropriate department or FEDERAL REGISTER, Wednesday, November 13, 1940 4447

independent establishment for his con­ ice rules and a temporary appointment ment by reason of recovery and termi­ sideration. is authorized by the Commission under nation of annuity, shall be eligible for Any eligible who has been within reach the provisions of this section pending reinstatement, subject to the conditions for three separate vacancies in his turn the promotion, transfer, or reinstatement, and limitations of the civil service rules. may be subsequently selected, subject to such temporary appointment shall in no (d) No person may be reinstated to a the approval of the Commission, from case continue beyond the period of 30 position in the classified service who did the certificate on which his name last days without prior approval of the Com­ not have a classified status at the time appeared, if the condition of the register mission. of separation, or who was not eligible has not so changed as to place him Section 3 of Rule VH3 is amended to for such status through examination. in other respects beyond reach of read as follows: (e) No person may be reinstated to certification. a position in the classified service with­ 3. Pending full certification. When­ out passing an appropriate noncompeti­ Section 2 (c) of Rule V II is amended ever there are less than three eligibles to read as follows: tive examination testing fully his fitness on any appropriate register for a posi­ for the position when the Commission (c) Probationary appointment. A per­tion in which a vacancy exists, the Com­ shall so require. son selected for appointment shall be mission shall, upon requisition from the duly notified by the appointing officer proper appointing officer, certify those Section 2 of Rule IX is amended to and upon accepting and reporting for eligibles who are on the register, who read as follows: duty shall receive from such officer a cer­ shall be considered by the appointing 2. Probationer. A person separated tificate of probational appointment. The officer with a view to probational appoint­ from the service during or at the end of first six months of service under this ment. If the appointing officer shall his probationary period may be rein­ appointment shall be a probationary pe­ elect not to make probational appoint­ stated, subject to the other provisions riod, but the Commission and the de­ ment from such certification and tempo­ of the civil-service rules, under the fol­ partment concerned may by regulation rary appointment is required, the eli­ lowing conditions: fix a longer probationary period for any gible or eligibles shall be considered (a) If involuntarily separated with­ specified positions. I f and when, after a by the appointing officer with a out delinquency or misconduct, he may full and fair trial, the conduct or capacity view to temporary appointment. Such be reinstated to serve a new probation of the probationer is not satisfactory to temporary appointment may continue in any part of the service in any posi­ the appointing officer, the probationer until three eligibles are provided. If tion for which he is qualified or can may at any time thereafter during this selection is not made from the certifica­ qualify in an appropriate noncompeti­ period be so notified in writing, with a tion for either probational or temporary tive examination; but reinstatement in full statement of reasons, and this notice appointment under the provisions of this the same position in or under the same shall terminate his service. Efficiency­ section, the temporary appointment, if required, may be made under the pro­ department or agency will be to complete rating reports of all probationers shall be probation. filed periodically within the department visions of these rules. (b) If separated by reason of volun­ at such times and in such form as the Section 1 of Rule IX is amended to tary resignation, he may be reinstated regulations of the Commission shall pro­ read as follows: vide. If at the end of the probationary only in the same office, in a position for 1. Certificate required—conditions. A which originally eligible, to complete period the probationer's service rating probation. has been satisfactory, to the extent re­ person separated from a civilian posi­ quired by regulation, a certificate to that tion in the Federal service after absolute Section 3 of Rule IX is revoked. effect filed within the department and appointment may, in the discretion of Section 2 of Rule X is amended to read his retention in the service shall confirm the Commission, be reinstated upon cer­ as follows: his absolute appointment. If, however, tificate of the Commission subject to the following limitations: 2. Transfers from excepted to com­ his service rating has been unsatisfactory petitive position. No person may be as so provided, his service shall be termi­ (a) Reinstatement may be made upon transferred to a position in the classi­ nated at the end of the probationary requisition by the appointing officer hav­ fied service who does not have a classi­ period. ing a vacancy to fill: Provided, that such fied (competitive) status or eligibility A probationer separated from the requisition is made within 1 year of sep­ for such status. service without delinquency or miscon­ aration if the period of service was less duct may be restored to the register of than 2 years, within 2 years if the period Section 5 of Rule X is amended to read as follows: eligibles in the' discretion of the Commis­ of service was 2 years or more but less sion for the remainder of any period of than 3 years, within 3 years if the period 5. Without certificate. Transfers oth­ eligibility thereon. of service was 3 years or more but less erwise in accordance with these rules than 4 years, within 4 years if the period may be made without certificate of the Section 1 of Rule vm is amended to read as follows: of service was 4 years or more but less Commission in the following cases, un­ than 5 years, and without time limit if less different tests are prescribed for orig­ 1. Pending, regular filling of vacancy. the period of service was 5 years or inal entrance to the position to which Temporary appointment without exami­ more: Provided further, that the appli­ transfer is proposed and unless otherwise nation and certification by the Commis­ cant is otherwise eligible under the con­ provided by regulations of the Com­ sion shall not be made to a competitive ditions of the Executive order of June 2, mission: position in any case, except when the 1920, relating to the reinstatement of (a) Within the apportioned service of public interest so requires, and then only employees: Provided further, that the a department or agency. upon the prior authorization of the Com­ time limit may be waived in the case of (b) From a department or office in mission; and any appointment so au­ reinstatements to positions in Federal Washington, D. C., to field branches of thorized shall continue only for such agencies concerned with preparedness the same department or agency. period as may be necessary to make ap­ and the national-defense program. (c) Within an agency in the non- pointment through certification of eligi­ (b) A former classified employee en­ apportioned service. bles, and in no case, without prior ap­ titled to military preference in appoint­ (d) Within the field service of a de­ proval of the Commission, shall extend ment may be reinstated without time partment or agency. beyond 30 days from the date of the limit. receipt by the appointing officer of the (c) A former classified employee re­ Section 8 of Rule X is amended to read Commission’s certificate. When a va­ tired upon annuity under the Civil Serv­ as follows: cancy is to be filled by promotion, trans­ ice Retirement Act by reason of total 8. Philippine service. An officer or em­ fer , or reinstatement under the civil serv- disability who is eligible for reinstate- ployee occupying a competitive position 4448 FEDERAL REGISTER, Wednesday, November 13, 1940 in the Philippine classified service who tion, and unpacking of household goods Pounds Employees having no dependents liv­ has served 3 years or more therein may and personal effects of civilian officers ing with them: be transferred to the Federal classified and employees of any of the executive Shipment involving transportation service, subject to the provisions of these departments or establishments of the by vessel over all or part of rules; but the Commission may authorize United States when transferred from rou te______5, 000 Shipment by rail only______3,125 the transfer of an officer or employee one official station to another for per­ Shipment by motor freight only____ 2, 500 who has served 2 years in the Philippine manent duty: classified service and who has been sep­ (b) Volume: Where charges for trans­ S ec tio n 1. When any civilian officer portation are computed on a basis of arated by necessary reduction of force or employee of any of the executive de­ or by displacement by a Filipino, if he measurement rather than weight, partments or establishments of the charges will be allowed regardless of is especially recommended by the De­ United States, hereinafter called em­ partment of the Interior because of his weight for not to exceed 29 measurement ployee, is transferred from one official tons of 40 cubic feet each, inclusive of efficiency and good character. In all station to another for permanent duty cases of proposed transfer from the packing, crating, and lift vans: Provided, and the payment of expenses of trans­ That employees who have no dependents Philippine classified service the Interior portation of his household goods and Department shall furnish the Commis­ living with them shall be allowed charges other personal effects is authorized by for not to exceed 22 measurement tons. sion, for its consideration, all relevant law, such expenses, when specifically information contained in its files, to­ (c) Weight and Volume on Same authorized or approved by the head of Shipment: When shipment must be gether with the service record of the the department or establishment con­ employee. made over such a route that the trans­ cerned, shall be allowed and paid in ac­ portation necessarily involves charges cordance with the provisions of these Section 11 of Rule X is revoked. based upon weight over part of the dis­ Section 5 of Rule X II is amended to regulations. tance and upon measurement over an­ read as follows: Section 2. Maximum Allowances for other part of the distance, the following 5. Retention of soldiers and sailors. Transportation, (a) Weight: The actual conditions shall apply: ( 1) if the weight In harmony with statutory provisions, costs of transportation of the household does not exceed the limitations pre­ when reductions are being made in the effects and other personal property of the scribed in subsection (a) payment shall force, in any part of the classified serv­ employee, not in excess of 5,000 pounds be allowed for actual charges over the ice, no employee entitled to military gross, and of the packing, crates, boxes, entire distance regardless of whether the preference in appointment shall be dis­ lift vans, or other temporary containers measurement is in excess of the limita­ charged, dropped, or reduced in rank or required for the shipment, shall be al­ tions imposed by subsection (b ); (2) if salary before any employee not entitled lowed: Provided, That employees who both weight and measurement are in ex­ to military preference in competition have no dependents living with them cess of the prescribed limitations pay­ with him if his record is good; nor shall shall be entitled to the transportation ment shall not be allowed for the excess any unclassified laborer entitled to mili­ of household effects and other personal by> weight over that part of the distance tary preference in appointment be dis­ property not in excess of 2,500 pounds where charges are based on weight, or gross. Gross weight shall include the charged, dropped, or reduced in rank or for the excess by measurement over that net weight of the property and the salary before any employee not entitled part of the distance where charges are weight of the usual containers of the to military preference in competition based on measurement. property, but shall not include the weight with him if his efficiency rating is bet­ Section 3. Allowances for Packing, of packing, crates, boxes, or lift vans ter than, or equal to, that of such non­ Crating, Unpacking, and Uncrating. The which have no connection with the prop­ preference employee. actual costs of packing, crating, unpack­ erty except for the purposes of the imme­ ing, and uncrating shall be allowed: F r a n k l in D R oosevelt diate shipment and which do not consti­ Provided, That no charges shall be al­ tute a continuing part of the property T h e W h it e H ouse, lowed for the packing, crating, unpack­ November 7, 1940. of the employee. ing, and uncrating of property in excess For the application of the limitations [No. 85871 of the weight or measurement allowable prescribed by this Subsection the gross under section 2 of these regulations. [F. R. Doc. 40-4806; Filed, November 8, 1940; weight of the property shall be computed Section 4. Allowances f o r Drayage. 2:15 p. m.] as being 80 per cent of the combined The actual costs of drayage to and from weight of the property and the packing the common carrier shall be allowed: and crating used for the shipment: Pro­ Provided, That in no case shall costs of EXECUTIVE ORDER vided, That in case of shipments involv­ drayage be allowed where door-to-door ing transportation by vessel over all or common carrier rates are applicable. P rescribing R egu latio ns G overning th e part of the distance the gross weight of Section 5. Means of Shipment. Ship­ P a y m e n t of Expenses of T ransporta­ the property shall be computed as being ment shall be made by the most economi­ t io n of H ousehold G oods and P er­ 50 per cent of the combined weight of the cal means, taking into consideration the sonal E ffects of Ce r t a in C iv il ia n property and the packing, crating, box­ costs of packing, crating, drayage, O fficers and E m plo ye es of th e ing, and lift vans used for the shipment: unpacking, and uncrating: Provided, U n ite d S tates And provided further, That when ship­ That, in computing comparative costs, ment is by motor freight the gross weight By virtue of and pursuant to the au­ the allowance which may be made for the of the property shall be the actual weight thority vested in me by the act of Octo­ saving of charges for packing, crating, ber 10, 1940, Public No. 839, 76th of the goods transported. Thus, trans­ drayage, unpacking, and uncrating result­ portation will be allowed at Government Congress, entitled “An Act To provide ing from the use of motor freight expense for property when packed, for uniformity of allowances for the shall in no case exceed $2.50 per crated, boxed, or placed in lift vans for transportation of household goods of hundred pounds: And provided fur­ shipment, within the following maximum civilian officers and employees when ther, That, when the head of the transferred from one official station to weights: department or agency determines it another for permanent duty” , I hereby Pounds to be in the interest of the Government, Employees having dependents living prescribe the following regulations gov­ with them: he may specifically authorize the ship­ erning the allowance and payment from Shipment involving transportation ment by express of articles required for Government funds of expenses now or by vessel over all or part of immediate use at the new official sta­ route______10,000 hereafter authorized by law for the Shipment by rail only------6,250 tion (for example, professional books, packing, crating, drayage, transporta­ Shipment by motor freight only____5,000 wearing apparel, bedding, or kitchen FEDERAL REGISTER, Wednesday, November 13, 1940 4449

utensils, but not furniture or jewelry), less an extension is specifically granted August 24, 1912, c. 369, 37 Stat. 497, it is which shall in no case exceed a weight by the head of the department or estab­ ordered that the Executive order of Octo­ of 500 pounds for employees having de­ lishment: Provided, That in no case ber 27, 1914, creating Power Site Reserve pendents living with them or 250 pounds shall payment be allowable for shipments No. 461, be, and it is hereby, modified for employees having no dependents liv­ begun after two years from the effective to the extent necessary to permit the ing with them. date of the transfer. State of Idaho to construct a highway Section 6. Use of Government Bill of Section 13. Shipment by American over lot 5, sec. 18, lots 6 and 9, sec. 19, Lading. Shipment shall be made on Vessels. All shipments of property by T. 7 N., R. 1 E., and lots 1, 2, 3, and 8, Government bill of lading whenever pos­ water shall be made on ships registered and SEy4N W 1/4, sec. 24, T. 7 N „ R. 1 W., sible; otherwise reimbursement shall be under the laws of the United States Boise Meridian, Idaho, as shown on a made to the employee for transportation where such ships are available. map on file in the General Land Office, expenses actually and necessarily in­ Section 14. Transfer for Convenience Department of the Interior, and bearing curred within the limitations prescribed of Employee. I f a transfer is made at the title the request and primarily for the con­ by these regulations. If property in ex­ “STATE OF IDAHO cess of the amount allowable under these venience or benefit of an employee, no DEPARTMENT OF PUBLIC WORKS regulations is shipped on a Government payment shall be allowed from Govern­ BUREAU OP HIGHWAYS ment funds for the packing, crating, Map Showing bill of lading with the authorized allow­ RIGHT OF WAY ON ance the employee shall immediately drayage, transportation, unpacking, or FEDERAL POWER SITE WITHDRAWAL upon completion of the shipment pay to uncrating of the household goods or other IDAHO STATE AID PROJECT No. 107-D the proper officer of the department or personal effects of the employee. GEM CO. SCALE 1” =200' Aug. 19, 1938” establishment an amount equal to the Section 15. Preparation of Vouchers. charge for the transportation of such In preparing vouchers for payments un­ (Blackioot 053194) excess. der these regulations the following condi­ on condition that use of the highway Section 7. Computation of Excess tions shall be observed: shall be discontinued without liability or Costs. Excess costs payable by the em­ (a) Statement of Weight: When expense to the United States or its li­ ployee shall be computed from the total charges for transportation are based censees when found by the Secretary of charges according to the ratio of excess upon weight, the actual (not estimated) the Interior to be in conflict with project weight to the total weight of the ship­ weight shall be shown. works authorized by the United States. ment. (b) Itemization of Charges: Where F r a n k lin D R oosevelt Section 8. Use of L ift Vans. Charges services rendered cover, in addition to T he W h ite H ouse, allowable hereunder for packing and transportation, such other services as November 7, 1940. crating and for transportation shall in­ packing, crating, drayage, unpacking, and clude expenses incurred in hiring, trans­ uncrating, the total charge for the serv­ [No. 8589] porting, and packing lift vans when ices shall be itemized so as to show the [F. R. Doc. 40-4807; Filed, November 8, 1940; shipments are made in whole or in part charge for each service. 2:15 p. m.] by water, but shall not include charges (c) Payment by More Than One in connection with any shipment of Voucher: Where all the services rendered empty lift vans or for payment of stor­ in connection with moving the household EXECUTIVE ORDER age charges or import duties on lift vans. effects of an employee are not covered by F ix ing the N umber of M e n T o B e I n ­ Section 9. Items Not Allowable. For a single voucher, vouchers covering pay­ ducted I nto the L and F orces of the the purposes of these regulations house­ ment for subsequent charges shall bear a U nited S tates P rior to Ju l y 1, 1941, hold goods and other personal effects reference to prior vouchers. shall not include groceries, provisions, and D irecting T heir S election and wines, liquors, animals not necessary in Section 16. Exemption of Foreign I nd uctio n Service Officers. The provisions of these the performance of official duties, birds, By virtue of the authority vested in me regulations shall not apply to the trans­ or automobiles. by the Selective Training and Service portation of effects of officers and em­ Section 10. Valuation. The valuation Act of 1940 (Pub. No. 783, 76th Cong.), ployees of the Foreign Service of the of property as declared for shipping pur­ it is hereby determined and ordered as poses shall not exceed that at which the Department of State: Provided, That follows: lowest freight rates will apply. Should section 14 shall have full force and effect the employee desire a higher valuation, with respect to such transfers. 1. The number of men required to be he must assume all costs of transporta­ Section 17. Effective Date. This or­ inducted into the land forces of the tion in excess of the charges at the low­ der shall be effective as of October 10, United States in the national interest est rate. 1940, and shall be published in the prior to July 1, 1941, under the Selective Section 11. Shipment from Point F ederal R egister. Training and Service Act of 1940, is 800,000. Other Than Last Official Station. The F ranklin D R oosevelt expenses of transportation allowable 2. The Secretary of War shall at such T he W hite H ouse, hereunder shall be payable whether the time or times prior to July 1, 1941, as he Nov. 7, 1940. shipment is from the last official station shah deem expedient, induct into the of the employee to the new one, or from [No. 85881 land forces of the United States not to exceed 800,000 men selected under the some previous place of residence of the [F. R. Doc. 40-4805; Piled, November 8, 1940; employee to the new official station, 2:15 p. m.] Selective Training and Service Act of or partially from both: Provided, That 1940 and the regulations issued there­ the expenses payable shall in no case under. exceed the costs of shipment by the most EXECUTIVE ORDER 3. The Director of Selective Service economical route from the last official shall select in the manner provided in station to the new: And provided fur­ M odifying Executive Order of October the Selective Training and Service Act ther, That no expenses shall be allow­ 27,1914, Creating P ower Site R eserve of 1940 and the regulations issued able for the transportation of property No. 461 thereunder such men as in his judgment acquired en route from the last official PAYETTE RIVER, IDAHO may be required to meet requisitions to station to the new. be made upon him by the Secretary of Modification No. 410 Section 12. Time Limit. All shipments War pursuant to paragraph 2 hereof, allowable under these regulations shall By virtue of the authority vested in and shall make available for induction begin within six months of the effective me by the act of June 25, 1910, c. 421, into the land forces of the United States date of the transfer of the employee un- 36 Stat. 847, as amended by the act of a sufficient number of men so selected No. 221----- 2 4450 FEDERAL REGISTER, Wednesday, November 13, 1940 to fill such requisitions of the Secretary sec. 27, that part of N%NW^4 north of “Carry-over,” of tobacco for any marketing North Fork of White River, that part of year shall be the quantity of such tobacco of War. wy2NWy4 south of North Fork of White on hand in the United States at the beginning F ranklin D R oosevelt River; of such marketing year, which was produced in the United States prior to the beginning of T he W hite H ouse, sec. 28, Ey2SW%. S W ^ S E ^ ; sec. 33, Ny2NWy4, W%SW%, NW%NE%, the calendar year then current, except that it November 8, 1940. s %ne%, Ny2SEy4, se^ se»4; shall not include any amount of such to­ bacco of the 1939 and 1940 crops which the [No. 8590] sec. 34, Sy2NEy4SE%: T. 21 N., R. 12 W., Secretary determines is stored temporarily sec. 10, all; in the United States because of war or other [F. R. Doc. 40-4822; Filed, November 9, 1940; sec. 15, NEy4NE%, that part of SWy4SWy4 unusual conditions delaying the normal ex­ 12:59 p. m.] west of North Fork of White River; portation thereof * * *. sec. 20, SW 14SE14; “ Marketing year” means, in the case of the sec. 21, NEy4NE%; following commodities, the period beginning sec. 29, that part of SEx/4 west of North on the first and ending with the second EXECUTIVE ORDER Fork of White River; date specified below: sec. 31, SWi4SEy4, S E ^ S W ^ ; ***** W ithdrawal of P ublic L and in Aid of sec. 32, NWy4NEy4. Tobacco (Burley), October 1-September F lood Control T. 20 N., R. 13 W., 30 * * *. sec. 15, NWV4NEy4; ARKANSAS “Reserve supply level” of tobacco shall be aggregating 4260.285 acres. the normal supply plus 5 per centum thereof, By virtue of and pursuant to the to insure a supply adequate to meet domestic This order supersedes as to any of the consumption and export needs in years of authority vested in. me by the act of above-described lands affected thereby drought, flood, or other adverse conditions, June 25, 1910, c. 421, 36 Stat. 847, as the withdrawal made by Executive Order as well as in years of plenty. amended by the act of August 24, 1912, No. 6964 of February 5,1935, as amended. The “normal supply” of tobacco shall be c. 369, 37 Stat. 497, and subject to valid a normal year’s domestic consumption and F ranklin D Roosevelt exports plus 175 per centum of a normal existing rights and withdrawals, it is T he W hite H ouse, year’s domestic consumption and 65 per cen­ ordered that the following - described tum of a normal year’s exports as an allow­ public lands in Arkansas be, and they November 8, 1940. ance for a normal carry-over. are hereby, temporarily withdrawn from “Normal year’s domestic consumption” , in [No. 8591] the case of * * * tobacco, shall be the settlement, location, sale, or entry, for use [F. R. Doc. 40-4823; Filed, November 9, 1940; yearly average quantity of the commodity in connection with the construction of 12:59 p. m.] produced in the United States that was con­ the Norfork Dam and Reservoir on the sumed in the United States during the ten marketing years immediately preceding the North Fork of the White River, under the marketing year in which such consumption supervision of the War Department as Rules, Regulations, Orders is determined, adjusted for current trends in authorized by the act of June 28, 1938, such consumption. “Normal year’s exports” in the case of c. 795, 52 Stat. 1215: * * * tobacco * * * shall be the Fifth Principal Meridian yearly average quantity of the commodity TITLE 7—AGRICULTURE produced in the United States that was ex­ T. 18 N., R. 11 W., ported from the United States during the sec. 6, Wy2 of lot 1 of NWy4l Ei/2 of lot 2 CHAPTER VH—AGRICULTURAL AD­ ten marketing years * * * immediately of NW ‘/4. JUSTMENT ADMINISTRATION preceding the marketing year in which such T. 19 N., R. 11 W., exports are determined, adjusted for current sec. 6, W% of lot 2; P art 724— B urley T obacco trends in such exports. sec. 20, NWy4SW%; sec. 21, N E&NE&; PROCLAMATION OF THE NATIONAL MARKETING And whereas said Act provides, in sec­ sec. 27, NW%NW%; QUOTA FOR BURLEY TOBACCO FOR THE tion 301 (c ), that “The latest available sec. 29, NWy4NWy4; 1941-42 MARKETING YEAR statistics of the Federal Government sec. 30, sy2swy4- T. 20 N., R. 11 W., shall be used by the Secretary [of Agri­ sec. 6, SE&SWyi. Whereas the Agricultural Adjustment culture] in making the determinations T. 18 N „ R. 12 W., , Act of 1938, as amended, provides: required to be made by the Secretary sec. 1, Wy2NEy4, SWy4SEy4; S ec. 312. (a) Whenever the Secretary [of under this Act” ; sec. 11, lots 1 and 2. Agriculture] finds that the total supply of T. 19 N., R. 12 W., Now, therefore, be it known that L sec. 1, Sy2NEy4, Ny2SEi/4, NEi4SWy4; tobacco as of the beginning of the marketing year then current exceeds the reserve supply Claude R. Wickard, Secretary of Agri­ sec. 4, wy£ of lot 1 of NEy4; level therefor, the Secretary shall proclaim culture of the United States of America, sec. 5, Ey2 of lot 2 of NE14; the amount of such total supply, and, begin­ acting under and pursuant to, and by sec. 9, NEy4SWy4! ning on the first day of the marketing year sec. 10, SWy4NWy4, that part of N W ^ S E ^ virtue of, the authority vested in me by east of North Fork of White River; next following and continuing throughout such year, a national marketing quota shall section 312 of the Agricultural Adjust­ sec. 11, Ni/2NWy4, Ei/2swy4, Sy2SEy4; ment Act of 1938, as amended, upon the sec. 12, NEy4SWi4; be in effect for the tobacco marketed during sec. 13, fractional S ^ S W 1/^ such marketing year. The Secretary shall basis of the latest available statistics1 of sec. 14, NEi/4, that part of SE%SE% north also determine and specify in such proclama­ the Federal Government, do hereby find, tion the amount of the national marketing of North Fork of White River; determine, specify, and proclaim that: sec. 15, NEy4SEy4; quota in terms of the total quantity of to­ sec. 21, NEV4NW1/4; bacco which may be marketed, which will § 724.301 Findings a n d determina­ make available during such marketing year sec. 22, Sy2SEy4, SE14SW14; tions with respect to national marketing sec. 23, Ny2sw y4, sw y4sw y4, SEy4NEyi; a supply of tobacco equal to the reserve sec. 24, SWy4SWy4, that part of NW^SWy4 supply level. Such proclamation shall be quota for Burley tobacco, for marketing east of North Fork of White River; made not later than the 1st day of December year beginning October 1, 1941— (a) Re­ sec. 25, N E ^ S E ^ ; in such year. The amount of the national marketing quota so proclamed may, not later serve supply level. The reserve supply sec. 26, SEy4SWy4; level of Burley tobacco is 995,000,000 sec. 27, Nwy4, NE^swyi; than December 31, be increased by not more sec. 28, Sy2SEy4; than 20 per centum if the Secretary deter­ pounds. sec. 33, SE%NEy4; mines that such increase is necessary in order (b) Total supply. The total supply of sec. 34, lot 2, n w ^ n w ^ , sy2Nwy4. sw% to meet market demands, or to avoid undue restriction of marketings in adjusting the Burley tobacco for the marketing year sw y4, Ey2SEy4: for such tobacco beginning October 1, sec. 36, NWy4NWi4- total supply to the reserve supply level. T. 20 N., R. 12 W., 1940, was 1,072,000,000 pounds and ex­ sec. 1, NWy4NWy4; And whereas said Act contains, in sec­ ceeds the reserve supply level of such sec. 2, sEy4swy4: tion 301 (b ), the following definitions of tobacco. sec. 4, that part of WV£SE% south of North terms here pertinent: Fork of White River; (c) National marketing quota. The sec. 6, W%NWy4, Nwy4swy4; “Total supply” of tobacco for any market­ amount of the national marketing quota sec. 8, NEy4, NEy4SE[4; ing year shall be the carry-over at the be­ for Burley tobacco in terms of the total sec. 9, w % s w % : ginning of such marketing year plus the quantity of such tobacco which may be sec. 10, NE14SE14; estimated production thereof in the United sec. 14, swy4swy4; States during the calendar year in which sec. 20, SEy4NEi4; such marketing year begins * * *. 1 Rounded to the nearest 1,000,000 pounds. FEDERAL REGISTER, Wednesday, November 13, 1940 4451

marketed, which will make available dur­ of the 5 years 1936 to 1940 and on which local committee determines that no per­ ing the marketing year beginning Octo­ tobacco will be produced in 1941. son connected with such farm caused, ber 1,1941, a supply of such tobacco equal (e) Operator means the person who, aided, or acquiesced in such marketing. to the reserve supply level of such tobacco, as owner, landlord, or tenant, is in charge If proof of the disposition of any amount is 263,000,000 pounds. If, in the refer­ of the supervision and the conduct of of tobacco produced on a farm is not endum held within 30 days after the date the farming operations on the entire furnished as required by the Secretary of this proclamation, two-thirds or more farm. the acreage allotment shall be reduced by of the farmers favor marketing quotas for (f) State committee means the group such amount of tobacco. a period of three marketing years begin­ of persons so designated within any The amount of tobacco involved will be ning with the 1941-42 marketing year, State to assist in the administration in converted to an acreage basis by divid­ the national marketing quota shall be the State of the Act. ing such amount of tobacco by the 1940 292,000,000 pounds, an amount which will (g) Tobacco means tobacco classified actual yield for the farm. provide a more gradual adjustment of in Service and Regulatory Announce­ § 727.317 Allotments by local commit­ marketings over the three year period. ment No. 118 of the Bureau of Agricul­ tees. An amount not in excess of one- (Sec. 312 (a ), 52 Stat. 46; 7 U.S.C. Sup. tural Economics of the United States half of one percent of the 1940 acreage IV, 1312; as amended by 53 Stat. 1261 and Department of Agriculture, as types 11, allotment for each State will be appor­ by Public— No. 628— 76th Congress ap­ 12, 13, and 14 and collectively known as proved June 13,1940) tioned to the counties in the State on the flue-cured tobacco. basis of the percentage the county acre­ Done at Washington, D. C., this 9th day age allotment is of the State acreage of November 1940. Witness my hand § 727.312 Extent of calculations and allotment, unless otherwise recom­ and the seal of the Department of Agri­ rule of fractions, (a) All percentages mended by the State committee and ap­ culture. shall be calculated to the nearest whole percent. Fractions of fifty-one hun­ proved by the Regional Director. The [ se al] C laude R . W ickard, dredths of one percent or more shall be acreage apportioned to ,the county will Secretary of Agriculture. rounded upward, and fractions of five- be available for allotment by the local [F. R. Doc. 40—4837; Filed, November 12, 1940; tenths of one percent or less shall be committee. A farm shall be eligible fo r 11:26 a. m.] dropped. For example, 87.51 percent allotment as provided hereunder (a) if would become 88 percent and 87.50 per­ tobacco was grown thereon in each of cent would become 87 percent. the five years preceding the year 1941 Part 727— Flue- cured T obacco (b) All acreages shall be calculated to and if the committee finds that the 1940 the nearest one-tenth of an acre. Frac­ allotment for the farm is relatively SUBPART D----1941 tions of fifty-one thousandths of an acre smaller in relation to the land, labor and Procedure for Determination of Acreage or more shall be rounded upward, and equipment available for the production Allotments fractions of five-hundredths of an acre of tobacco on the farm than the average or less shall be dropped. For example, of the allotments in relation to the land, Sec. General 1.051 would become 1.1 and 1.050 would labor and equipment available for the 727.311 Definitions. become 1.00. production of tobacco on other farms in 727.312 Extent of calculations and rule of fractions. § 727.313 Instructions and forms. the county, or (b) if tobacco was harv­ 727.313 Instructions and forms. The Administrator of the Agricultural ested on the farm in 1940 for which no 727.314 Applicability of procedure. Adjustment Administration of the acreage allotment was established, hi Establishment op Allotments United States Department of Agriculture making the adjustment in the farm acre­ for Old Farms shall cause to be prepared and issued age allotment the local committee shall 727.315 Acreage allotments for old tobacco farms. with his approval such instructions and consider the past acreage of tobacco 727.316 Reduction of acreage allotment for such forms as may be necessary or ex­ (harvested and diverted), the land, labor violations of 1940 marketing quota pedient for carrying out this procedure. and equipment available for the produc­ regulations. tion of tobacco, and crop-rotation prac­ 727.317 Allotments by local committees. § 727.314 Applicability of procedure. 727.318 Reconstituted farms. This flue-cured allotment procedure for tices. In no event shall the adjustment 727.319 Determination of normal yields. 1941 shall govern the establishment of of the acreage allotment to any farm be 727.320 Determination of acreage allotments farm-acreage allotments for flue-cured more than ten percent of the 1940 allot­ for new farms. 727.321 Time for filing application. tobacco for use in connection with the ment for the farm, or, if greater, five- 727.322 Determination of normal yields. 1941 Agricultural Conservation Program tenths of an acre; provided that in the and in connection with farm-marketing case of any farm on which tobacco was General quotas for flue-cured tobacco for the harvested in 1940 for which no acreage § 727.311 Definitions. As used in this marketing year therefor beginning July allotment was established the committee procedure and in all instructions, forms, 1, 1941. may establish an allotment not exceeding and documents in connection therewith, 10 percent of the acreage of tobacco Establishment of Allotments for Old harvested on the farm in 1940. the words and phrases defined in this Farms section shall have the meanings herein Any adjustment as provided above assigned to them, unless the context or § 727.315 Acreage allotments for old shall be subject to the approval of the subject-matter otherwise requires: tobacco farms. The farm acreage allot­ State committee. ment for an old farm shall be the 1940 § 727.318 Reconstituted farms, (a) (a) Flue-cured Allotment Procedure acreage allotment for the farm unless I f land operated as a single farm in 1940 for 1941 means this 41-Tob-35. adjusted in accordance with the proce­ has been subdivided for 1941 into two (b) Local committee means the county dure listed in §§ 727.316 and 727.317 or more tracts, the 1940 tobacco acreage and community committee utilized under below. allotment for the farm shall be appor­ the Act. “County committee” or “ com­ § 727.316 Reduction of acreage allot­ tioned among the tracts in the same pro­ munity committee” shall have corre­ ment for violations of 1940 marketing portion as the acreage of cropland suit­ sponding meanings in the connection in quota regulations. I f tobacco was sold able for the production of tobacco on which they are used. or was permitted to be sold on a market­ each such tract in such year bore to the (c) New farm means a farm on which ing card for any farm which was pro­ total number of acres of cropland suit­ tobacco was not produced in any of the duced on a different farm the acreage able for the production of tobacco on 5 years 1936 to 1940, but on which to­ allotment for each farm shall be reduced the entire farm in such year, unless bacco will be produced in 1941. by the amount of tobacco so marketed: otherwise recommended by the county (d) Old farm means a farm on which Provided, That such reduction shall not committee and approved by the State tobacco was produced in one or more be made if the Secretary through the committee. 4452 FEDERAL REGISTER, Wednesday, November 13, 1940 to such adjustment as is necessary to models or materiel, or information disclosed (b) If two or more farms operated oraUy. separably in 1940 are combined into a bring such allotment in line with the b. The undersigned will not permit any single farm for 1941, the 1941 allotment total acreage available for allotments to alien employed or to be employed by the un­ all new farms. The acreage available for dersigned or by any subbidder or subcon­ shall be the .sum of the 1940 allotments tractor to have access to the drawings, specifi­ for each of the farms composing the establishing allotments for farms on cations, and accompanying inclosures, or combination. which no tobacco was grown during the models or materiel referred to herein, or to § 727.319 Determination of normal past five years shall be one-tenth of one engineering principles, composition, sub- percent of the national allotment. assemblies or assemblies which are vital to yields. The normal yield for any farm the functioning or use of the article, without shall be that yield which the local com­ § 727.321 Time for filing application. the written consent beforehand of the Secre­ mittee determines is normal for the farm In order to obtain an allotment for a new tary of War. tobacco farm in 1941, the operator of the c. The undersigned will not make or permit taking into consideration (a) the yields to be made reproductions of the drawings, obtained on the farm during the years farm shall file an application therefor specifications, and accompanying inclosures, 1936-1940; (b) the soil and other physi­ on 41-Tob-37, prior to February 1, 1941. or of the models or materiel except as spe­ cal factors affecting the production of § 727.322 Determination of normal cifically authorized by the contracting officer yields. The normal yield for a new farm or his duly authorized representative. If tobacco on the farm and (c) the yields reproduction of any drawings, specifications, obtained on other farms in the locality shall be that yield per acre which the and accompanying papers, or of models or which are similar with respect to such local committee determines is reason­ materiel, is authorized, the undersigned will able for the farm as compared with promptly submit the product obtained to the factors. The weighted average of the contracting officer or his duly authorized rep­ normal yields for all farms in each yields for other farms in the locality on resentative for censorship or such other ac­ county shall not exceed the yield estab­ which the soil and other physical fac­ tion as he may deem necessary. lished for the county in 1940, unless an tors affecting the production of tobacco d. If a bid is not submitted on a project are similar. of a secret, confidential, or restricted nature adjustment for abnormal conditions is as to which drawings, specifications, and made by the Secretary upon recom­ Done at Washington, D. C., this 8th accompanying inclosures, and models or ma­ mendations of the State committee. day of November, 1940. Witness my teriel have been issued to the undersigned, § 727.320 Determination of acreage hand and seal of the Department of or if a bid is made and not accepted, or in Agriculture. case award is made, upon the completion of allotments for new farms. The acreage the contract the undersigned will promptly allotment for a new farm shall be that [ seal] Claude R. W ickard, return by hand, by registered mail, or by acreage which the local committee deter­ Secretary of Agriculture. insured express, such drawings, specifications, accompanying inclosures, and moles or ma­ mines it fair and reasonable for the farm [P. R. Doc. 40-4810; Piled November 8, 1940; teriel, together with all copies thereof, to the taking into consideration each of the fol­ 2:59 p. m.] office from which the original copies were lowing factors: The past tobacco experi­ received. ence of the farm operators; the acreage e. (1) The undersigned agrees to bring or of cropland in the farm suitable for to­ cause to be brought to the attention of all persons engaged in the preparation of the bacco production; the number of families TITLE 10—ARMY: WAR bid, whether submitted or not, including on the farm available for tobacco pro­ DEPARTMENT subbidders and their employees, the following duction; the acreage capacity of bams provisions of law: which are located on the farm and which CHAPTER I—AID OF CIVIL AUTHOR­ Espionage Act: Subparagraphs (d) and (e) are in usable condition and available for ITIES AND PUBLIC RELATIONS of section 1 of the act of June 15, 1917 (40 Stat. 217; 50 U.S.C. 31; M L., 1939, sec. 2181), the curing of tobacco, the customary crop P art 5— Safeguarding T echnical as amended by the act of March 28, 1940 rotation practices and the adaptability I nformation 1 (Public, No. 443, 76th Cong.). of the soil to the growing of tobacco: Pro­ Section 1 of the act of January 12, 1938 vided, That the acreage allotment so de­ § 5.11 Invitations for bids and con­ (52 Stat. 3; 50 U.S.C. 45; M l., 1939, sec. tracts. (a) Prior to furnishing a pros­ 2187a), and Executive Order No. 8381, dated termined shall be subject to approval March 22, 1940 (sec. n , Bull. 3, 1940), issued by the State committee and shall not ex­ pective bidder or contractor with draw­ pursuant thereto. ceed the smallest of one-fifth of the past ings, specifications, or other pertinent Section 11 of the act of June 28, 1940 (Bull. acreage of tobacco grown by the farm information concerning any project or No. 15, WD., 1940). . operator 1936-1940; one-half of the acre­ projects of a secret, confidential, or re­ (2) If the successful bidder on any project, age capacity of the curing barns which stricted nature, and annually thereafter the undersigned agrees also to bring or cause so long as such documents, etc., are in to be brought to the attention of all persons are located on the farm and which are engaged in the performance of the contract, in usable condition and available for his custody, a general secrecy agreement including persons employed on subcontracts, the curing of tobacco for the farm; or reading substantially as follows will be the provisions of the law enumerated in (1) above. one acre. signed by the individual or by a respon­ sible officer of the firm or corporation f . The undersigned further agrees that no Notwithstanding any other provisions information in connection with any secret, of this section a tobacco acreage allot­ concerned: confidential or restricted project will be given In consideration of the receipt of drawings, to any person not in the contractor’s and/or ment shall not be established for any new subcontractor's employ except upon the writ­ farm unless the following conditions have specifications, and accompanying inclosures, models or materiel, and information dis­ ten consent beforehand of the contracting been met: closed orally, concerning projects of a secret, officer or his duly authorized representative. confidential, or restricted nature, delivered (a) The farm operator shall have had to the undersigned prior to or coincident with (b) The execution of the general se­ two years or more experience in growing the date of this agreement and listed on crecy agreement required in (a) above tobacco as a share-cropper, tenant, or Exhibit “A ” which is attached hereto and with any individual, firm, or corporation as a farm operator during the past five made a part hereof, or to be issued to the prior to the delivery of any classified undersigned subsequent to the date of this years; agreement, the following terms are agreed military information, and the annual (b) The farm operator shall be living to on behalf of the undersigned individual, secrecy agreements executed thereafter, on the farm and largely dependent on firm, or corporation, and any and all repre­ will constitute authority for delivery to sentatives, agents, employees, or subbidders such individual, firm or corporation from this farm for his livelihood; or subcontractors thereof. (c) The farm covered by the applica­ time to time of other or additional classi­ a. The undersigned wiU neither supply nor tion shall be the only farm owned or disclose any information regarding the draw­ fied information pertaining to any secret, operated by the farm operator on which ings, specifications, and accompanying in­ confidential, or restricted project, with­ any tobacco is produced; and closures, or models or materiel, or informa­ out the necessity of executing a specific tion disclosed oraUy, referred to herein to (d) No kind of tobacco other than any unauthorized person, or incorporate in secrecy agreement in each case. A re­ flue-cured will be grown on the farm in other projects special features of design or ceipt substantially as follows will be ob­ 1941. construction peculiar to such drawings, speci­ tained when the additional classified fications, and accompanying inclosures, or data are submitted to those who have The acreage allotments established as entered into such agreement: provided in this section shall be subject 1 § 5.11 (4 F E . 2942) is superseded. FEDERAL REGISTER, Wednesday, November 13, 1940 4453

Receipt is acknowledged of ______branch exchange) may include, when and it is recognized that these data are clas­ small personal needs, not similar to those sified and come within thé purview of the desirable, the following activities: furnished by the Government. secrecy agreement signed by ______(1) A well-stocked general store, in­ (7) No goods will be held on consign­ o n ______cluding, when deemed desirable by the ment or to be paid for by exchanges when (c) Any prospective bidder or contrac­ council and approved by the command­ sold to consumers. tor now having in his custody any draw­ ing officer, a meat market, a vegetable (8) The use of any device which sav­ ings, specifications, or other pertinent in­ market, and a gasoline filling station. ors of gambling, such as punch boards, formation concerning any project or Sales to civilians at a filling station will slot machines, etc., is prohibited. projects of a secret, confidential, or re­ be limited to civilian employees of the (c) Price lists will be posted conspicu­ stricted nature* will be required to exe­ post, camp, or station. ously in the various activities of the ex­ cute a general secrecy agreement as set (2) A well-kept restaurant or lunch change, or the articles kept for sale will out in (a) above and will thereafter be room in which prices will be made as be conspicuously priced so that patrons required to execute such agreements at low as the cost of the articles, increased will not need to inquire as to the price least annually thereafter as provided in by expenses of preparation, pay of the of any article.*! [Par. 5] (a) above, (R.S. 161; 5 U.S.C. 22) [Par. assistants, and normal waste, will per­ § 54.3 Effect of change in member­ 50, AR 380-5, June 10, 1939-, as amended mit. Other than this the tariff of prices ship and management— (a) Responsibil­ by Cir. 121 W.D., Oct. 25, 1940] will be regulated by the circumstances ities for agreements by former manage­ [ seal] E. S. Adams, surrounding each exchange. ment. All agreements between the post Major General, (3) A barber shop, laundry, tailor exchange and others will be terminated The Adjutant General. shop, and shoe-repair shop. when the entire membership of the ex­ (4) A gymnasium, possessing also the change is changed, unless incoming or­ (P. R. Doc. 40-4832; Piled, November 9, 1940; ganizations state in writing their 1:05 p.m .] requisite paraphernalia for outdoor ath­ letics, such as baseball, football, tennis, acceptance of the agreements, and such polo, golf, etc. agreements are satisfactory to all con­ cerned. CHAPTER V—MILITARY RESERVA­ (5) Recreation rooms equipped with billiard and pool tables, bowling alleys, (b) All agreements made by post ex­ TIONS AND NATIONAL CEME­ changes will contain a statement to the TERIES and facilities for other proper indoor games. effect that the agreement will be termi­ P art 54— P ost E xchanges 1 (6) A library supplied with books and nated by an entire change in the mem­ periodicals. bership of the exchange.*! [Par. 7] § 54.1 Primary purposes, selling § 54.4 Sales; to whom made. Post or prices— (a) General. The primary pur­ (7) A theater in which moving- unit exchanges are authorized to sell to, picture service, amateur dramatics, and poses of an exchange are— or make purchases for, the following- other entertainments may be conducted. (1) To supply troops, at the lowest named persons and organizations only. possible prices, with articles of ordinary (b) Restrictions. (1) It is the policy Purchases by individuals will be limited use, wear, and consumption not supplied of the War Department that all author­ to those required for their own use or for by the Government. ized activities of the post exchange gen­ the use of dependent members of their (2) To afford to troops means of ra­ erally be conducted by the several local families. post exchanges and not by concession­ tional recreation and amusement. (a) Officers, warrant officers, and en­ aires. Concessionaire operations will be (3) Through exchange profits to pro­ listed men of the Regular Army on the vide, when necessary, the means for im­ permitted only when questions of local active or retired list, former emergency proving the company messes. taxation are not thereby involved. officers who have been placed upon the (b) Equality of purposes. The afford­ (2) The main store of an exchange Emergency Officers’ Retired List created ing of means of rational recreation and will, in all cases, be operated by the ex­ by the act of May 24, 1928 (45 Stat. 735; amusement will be regarded as of equal change. 38 U.S.C. 581; M i., 1929, sec. 1122), re­ importance with the supplying of mer­ (3) Concessions will not be granted to tired enlisted naval personnel, and naval chandise to troops at lowest possible private individuals, firms, or corporations personnel detailed, assigned, or serving prices and with supplementing organiza­ to operate any of the foregoing exchange with the Army. tion messes. activities ((a) above), without the au­ (b) Army nurses. (c) Interpretation of term “lowest pos­ thority of the army or corps area com­ (c) Contract surgeons. sible prices.” The term “lowest possible mander. Agreements with reference to (d) Members of the Officers’ Reserve prices,” as used in (a) ( 1), is interpreted concessions shall neither state nor imply Corps and the Enlisted Reserve Corps to mean that to the net invoice price of an that any rental is to be charged the con­ while on active duty. article, less discounts, plus transportation cessionaire for occupancy of space in (e) Officers, warrant officers, and en­ and overhead charges, a percentage will buildings or for the use of utilities or listed men of the National Guard and be added sufficient to cover the cost of facilities on the military reservation. inactive National Guard when in Federal handling, breakage, or deterioration, and These agreements should also provide service. to make a small net profit. In this con­ that the post authorities retain super­ (f) Civilian employees authorized for nection post exchanges should be con­ vision of the activities and control of the service abroad, having a status recog­ ducted in such a manner as to be of real prices to be charged. nized by the War Department as part of assistance and convenience to the en­ (4) When concessions occupy real an expeditionary force. listed men rather than as large profit­ estate not under control of the post ex­ (g) Civilians employed or serving at making institutions.*! [Par. 4] change, a license or» lease is required. military posts, including veterans in § 54.2 Activities included— (a) Gen­ See §§ 52.1 to 52.4 and 52.6. Army hospitals and members of the Ci­ eral. An exchange (including each (5) Activities other than those enu­ vilian Conservation Corps. merated in paragraph (a) above will not (h) Officers, warrant officers, and en­ 1 Part 54 is added. *§§ 54.1 to 54.12, inclusive except as other­ be added to the business of the exchange listed men of the National Guard and wise noted, issued under authority contained without authority of the War Depart­ inactive National Guard— in R.S. 161; 5 U.S.C. 22. ment. tThe source of §§ 54.1 to 54.12, inclusive, (1) When in attendance at service is AR 210-65, June 29, 1929, as amended by (6) Except in Panama Canal Zone, schools or when attached to organiza­ C3, March 9, 1940, and Cir. 122, W. D. Oct. Puerto Rico, Philippines, and China, ar­ ¿o, 1940. tions otf the Regular Army for routine ticles for sale will be limited to those of practical instruction. 4454 FEDERAL REGISTER, Wednesday, November 13, 1940

(2) When engaged in joint maneuvers (d) Auditing accountant. With the ap­ ordinarily be purchased for them by the with the Regular Army. proval of the commanding officer, an exchange, but if deemed desirable to do (3) When in camp at a station where exchange council may authorize the em­ so for any special reason the merchan­ exchanges are being operated. ployment of an expert accountsint at dise may be purchased by the exchange stated intervals to audit the books of the on its own account and then sold to the (i) Persons in actual attendance at exchange, the expense to be borne by the concessionaire. Reserve Officers’ Training Corps camps exchange. and Citizens’ Military Training Camps (e) Prohibition of perquisites. Ex­ (2) A concessionaire is in no sense an agent of the exchange and should not be at a station where exchanges are being change officers and employees will not permitted to represent himself as such operated. be permitted to receive gifts or presents to the public, e. g., by the use of the words (j) Units and components of— of any kind from merchants or indi­ “Post Exchange’’ on letter or bill heads viduals having business relations with (1) The Regular Army. or on signs. (2) The Officers’ Reserve Corps, the the post exchange. The acceptance of Organized Reserves, and the Enlisted Re­ presents by any person connected with (c) Contracts. Contracts for supplies serve Corps while on active duty. a post exchange is considered incom­ or merchandise once entered into be­ (3) The National Guard and inactive patible with a proper performance of tween the post exchange and civilians National Guard when in Federal service exchange duties.*! [Pars. 16, I 6 Y2, 20, will not be canceled except by mutual or when engaged in joint maneuvers with 21, and 231 consent or in accordance with a provision of the contract. Whenever contracts or the Regular Army or when in camp at a § 54.6 Debt of deceased soldier. The agreements for purchases are made by station where exchanges are being oper­ amount due an exchange by a deceased a post exchange which by reason of ated. soldier is a debt, and constitutes a proper change of station of the organizations (4) Reserve Officers’ Training Corps claim against his estate, and may be holding membership therein or other when in camps for such corps at stations legally deducted from the pay and allow­ cause are changed, new contracts or where exchanges are being operated. ances due the same.*! [Par. 411 agreements by their successors must be § 54.7 Sale of beer, wine, or intoxicat­ (5) Citizens’ Military Training Camps made if desired. All contracts or agree­ ing liquors. The sale of, or dealing in, when such camps are located at stations ments entered into by post exchanges will beer, wine, or any intoxicating liquors by where exchanges are being operated. contain a provision that in case it is nec­ any person in any post exchange or can­ essary to close the exchange by reason (k) Dependent members of the fam­ teen or Army transport, or upon any of a change of station or otherwise all ilies of persons who are authorized to premises used for military purposes by contracts or agreements entered into purchase at post exchanges may act as the United States, is prohibited. Com­ shall be canceled.*! [Par. 511 agents for such persons upon proper manding officers will carry the provisions identification.*! [Par. 7Mai of this paragraph into full force and § 54.9 Cashing of final statements and §54.5 Personnel— (a) General— (1) effect, and will be held strictly responsi­ personal checks— (a) Final statements— When there are no branch exchanges. ble that no exceptions or evasions are (1) General. Post exchanges are pro­ Under the commanding officer, and sub­ permitted within their respective juris­ hibited from cashing final statements of ject to the approved recommendations dictions. (31 Stat. 758; 10 U.S.C. 1350)! discharged enlisted men unless a disburs­ of the exchange council, the following [Par. 501 ing officer is not readily accessible. No personnel will conduct the operation of § 54.8 Purchases— (a) For the ex­ charge will be made for the accommoda­ an exchange which has no branches: change. (1) Except as authorized by (2) tion, but to insure against loss due to (1) An exchange officer. below, all purchases of merchandise or error a part of the value of the final state­ (ii) An exchange steward. other property for the exchange will be ment will be retained until the account (iii) Such other assistants as may be made by the exchange officer, who will is paid. The amount retained, less the necessary and authorized by the ex­ notify all firms and individuals from cost of the transaction, will be trans­ change council and commanding officer. whom such purchases are made that the mitted to the enlisted man as soon as the actual state of the account is known. (2) When there are branch exchanges. exchange will not be liable for the pay­ ment of any bills for such merchandise (2) Exchange not liable for overpay­ When there is a branch exchange, or ex­ ment. An exchange assumes no liability changes, the exchange officer will be or other property purchased by any other than the exchange officer in person, and for errors for overpayments to enlisted known ordinarily as the post exchange men made by disbursing officers, the lia­ officer, and there will be detailed for that the original invoices pertaining to any such purchases must be mailed direct bility resting on the officer who signs the each branch exchange an officer who will final statements or the disbursing officer be assistant to the post exchange officer, to the exchange officer. (2) Exceptions to the requirements of who pays them, according to the source a branch exchange steward, and such of the error. other assistants as may be necessary and (1) above will be made only when it is authorized. However, when the garrison impracticable for the exchange officer to (b) Personal checks. Post exchange consists of a single regiment, or similar make advantageous purchases in person, funds may be used to cash checks under command, or when the branch exchanges e. g., from a traveling salesman who ha­ such restrictions as to amount and iden­ are small, the assistant exchange officers bitually visits the exchange during the tification as may be imposed by the post may be omitted, the duties being per­ absence of the exchange officer at drill or exchange officer and the exchange coun­ formed by the post exchange officer. other duty, in which case purchases in cil and approved by the post commander. limited quantities may be made by the ex­ Any fees or charges made by banks due (b) Employees. (1) It is the policy of change steward if authorized to do so by to depositing checks which have been the War Department that insofar as is the exchange offioer, with the approval cashed should be charged by the post ex­ practicable the operation of post ex­ of the exchange council and the com­ change to the persons for whom the changes will be accomplished with civilian manding officer. checks are cashed.*! [Par. 54] employees. (3) Purchases made verbally by the § 54.10 Automobiles, (a) The com­ (2) The employment of enlisted men exchange officer and those made in ex­ manding officer may authorize the pur­ by post exchange concessionaries is pro­ ceptional cases under (2) above will be chase and use of automobiles by a post hibited. confirmed in writing by the exchange exchange, when justified by the necessi­ (c) Bookkeeper. A bookkeeper may be officer as soon as practicable after such ties of the command. employed by an exchange when such em­ purchases are made. (b) When so used, they will not be ployment is evidently desirable and the (b) For concessionaires. (1) Merchan­ permitted to compete with civilians by financial condition of the exchange en­ dise needed by concessionaires in the carrying persons not employed in the tirely justifies this expense. operation of their concessions will not post.*! [Par. 63] FEDERAL REGISTER, Wednesday, November 13, 1940 4455

§ 54.11 Sales of forage to civilian polo perform its duties thereunder, hereby bankruptcy, the return of the partnership teams. Sales of forage to civilian polo makes and promulgates the following shall be open to inspection by such re­ teams may be met by local post exchanges regulation: ceiver or trustee, or by the duly consti­ purchasing forage other than Govern­ (a) Subparagraph (j) (6) of § 238.1 of tuted attorney in fact of such receiver ment forage, for sale to visiting polo the Economic Regulations is hereby or trustee. teams. *t [Par. 761 amended by striking out the first sen­ 3. Section 463C.7 of Treasury Decision § 54.12 (a) Liability. (1) Exchanges tence thereof and substituting therefor 4929 [§458.307, Title 26, Code of Federal have a moral responsibility for any in­ the following: Regulations, 1939 Sup.] and article 10, jury to individuals or for physical dam­ State that the applicant has caused a Part I, of Treasury Decision 4873 age to property resulting from their op­ [§458.10, Title 26, Code of Federal Regu­ eration, and, in cases where there is a notice of its intention to file such appli­ cation with the Board to be served upon lations, 1938 Sup.] are amended by in­ reasonable possibility of such injury or serting the following sentence immedi­ damage, should carry liability insurance, each person named in the most recently issued list of scheduled air carriers and ately after the next to the last sentence payment therefor to be made from ex­ of each: change funds. applicants for certificates of public con­ (2) When employees of an exchange venience and necessity. “If the property of the corporation is are required or authorized in the course (b) This regulation shall become effec­ in the hands of a receiver, or trustee in of their employment to operate motor tive immediately. - bankruptcy, the return of such corpora­ tion shall be open to inspection by such vehicles owned either by the exchange By the Civil Aeronautics Board. or by private individuals, the exchange receiver or trustee, or by the duly con­ will carry liability insurance in a reason­ [ seal] T h om as G. Ea r l y , stituted attorney in fact of such receiver able amount, under the circumstances Secretary. or trustee. existing, in favor of the exchange cover­ [F. R. Doc. 40-4814; Filed, November 9, 1940; (This Treasury decision is prescribed 9:54 a. m.] ing personal injury to individuals and pursuant to secs. 55 (a ), 508, 603, 702 damage to property resulting from such (a ), 1204, and 1604 (c) of the Internal operation. Revenue Code (53 Stat. 29, 111, 111, 116, (3) The policy covering liability in­ TITLE 26—INTERNAL REVENUE 171, 186); sec. 257 (a) of the Revenue surance will contain a stipulation, or CHAPTER I—BUREAU OF INTERNAL Act of 1926 (44 Stat. 51); sec. 55 of the rider, to the following effect: REVENUE Revenue Act of 1928 (45 Stat. 809); sec. 55 of the Revenue Act of 1932 (47 Stat. The company agrees that the fact that [T. D. 5019] 189), as amended by sec. 218 (h) of the the insured is a Government instru­ P art 458— I n spe c tio n of R eturns National Industrial Recovery Act (48 mentality will not be interposed as a Stat. 209, 26 U.S.C. 55); secs. 215 (e) defense in any suit in which the com­ AMENDING SECTIONS 463C.2, 463C.4, AND and 216 (b) of the National Industrial pany’s liability under this policy is in any 463C.7 OF TREASURY DECISION 4929, RE­ Recovery Act (48 Stat. 207, 208); secs. way concerned, unless so requested in LATING TO THE INSPECTION OF CERTAIN 55 (a), 351, 701 (e), and 702 (b) of the writing by the insured. RETURNS MADE UNDER THE INTERNAL REVE­ Revenue Act of 1934 (48 Stat. 698, 751, NUE CODE, AND ARTICLES 5, 7, AND 10, PART In no case will such defense be requested 769, 770, 26 U.S.C. 55, 331, 1358, 341); I, OF TREASURY DECISION 4873, RELATING of the company by an exchange unless secs. 105 (e) and 106 (c) of the Revenue TO THE INSPECTION OF CERTAIN RETURNS and until it has been specifically author­ Act of 1935 (49 Stat. 1017, 1019, 26 U.S.C. MADE PURSUANT TO THE REQUIREMENTS OF ized to do so by the War Department. 1358a, 342); sec. 905 of the Social Se­ THE REVENUE ACT OF 1938 AND PRIOR (b) Compensation. Expenditure of curity Act (49 Stat. 641, 42 U.S.C. 1105); REVENUE ACTS, SO AS TO PERMIT INSPEC­ secs. 55 (a ), 351 (c), and 503 (a) of the exchange funds to purchase employees’ TION OF CERTAIN RETURNS BY A RECEIVER, compensation insurance is also author­ Revenue Act of 1936 (49 Stat. 1671, 1733, OR TRUSTEE IN BANKRUPTCY ized where the number of civilian em­ 1738, 26 U.S.C., Sup. IV, 55, 331, 345b); ployees justify. The kind of insurance 1. Section 463C.2 of Treasury Decision secs. 55 (a), 409, 601 (e), and 602 (c) of carried should meet the requirements of 49291 [§ 458.302, Title 26, Code of Fed­ the Revenue Act of 1938 (52, Stat. 478, local laws on the subject.* f [Par. 81] eral Regulations, 1939 Sup.] and article 5, 564, 565, 567, 26 U.S.C., Sup. TV, 55 (a ), Part I, of Treasury Decision 48732 [ seal] E. S. A dams, 337a, 1358 (e ), 341 (c )).) [§ 458.5, Title 26, Code of Federal Regu­ Major General, Jo h n L. Su l l iv a n , The Adjutant General. lations, 1938 Sup.] are amended by in­ Acting Secretary of the Treasury. serting the following sentence immedi­ Approved: [F. R. Doc. 40-4833; Filed, November 9, 1940; ately after the next to the last sentence 1:03 p. m.] of each: F r a n k l in D R oosevelt, The White House, November 7, If the property of the person who 1940. made the return is in the hands of a re­ TITLE 14—CIVIL AVIATION ceiver, or trustee in bankruptcy, the re­ [F. R. Doc. 40-4809; Filed November 8, 1940; turn of such person shall be open to 2:16 p. m.] CHAPTER I—CIVIL AERONAUTICS inspection by such receiver or trustee, or AUTHORITY by the duly constituted attorney in fact [Amendment 1, § 238.1, Economic of such receiver or trustee. Regulations] TITLE 49—TRANSPORTATION AND 2. Section 463C.4 of Treasury Decision RAILROADS A pplications for C ertificates of C o n ­ 4929 [§458.304, Title 26, Code of Federal venience and N e c essity Regulations, 1939 Sup.] and article 7, CHAPTER I—INTERSTATE COM­ At a session of the Civil Aeronautics Part I, of Treasury Decision 4873 [§458.7, MERCE COMMISSION Board of the Civil Aeronautics Authority Title 26, Code of Federal Regulations, [Ex Parte No. MO-3] held at its offices in Washington, D. C., 1938 Sup.] are amended by inserting the O rder i n th e M atter of N eed for E stab­ on the 8th day of November, 1940. following sentence immediately after the The Civil Aeronautics Board, acting next to the last sentence of each: l is h in g R easonable R equirements T o pursuant to the Civil Aeronautics Act of P romote Sa f e t y of O peratio n of M o­ “If the property of the partnership is in tor V ehicles U sed i n T ransporting 1938, particularly sections 205 (a) and the hands of a receiver, or trustee in 401 (b) thereof, and deeming its action P ro per ty b y P rivate Carriers necessary to carry out the provisions of *4 F.R. 3778. At a Session of the Interstate Com­ said Act and to exercise its powers and * 3 F.R. 2689. merce Commission, Division 5, held at its 4456 FEDERAL REGISTER, Wednesday, November IS, 1940 office in Washington, D. C., on the 29th 30, 1940, shall remain in full force and tional defense, to make advance pay­ day of October, A. D. 1940. effect. ments to the Contractor for the supplies It appearing, That by order entered By the Commission. and services called for by this contract, July 30, 1936, as amended by order en­ advance payments may be made to the [ seal] W . P. B artel, tered October 31, 1938, the Commission Contractor in an amount not exceeding Secretary. entered into an investigation in and con­ 30 per centum of the total contract price. cerning the matter of establishing for [P. R. Doc. 40-4844; Piled, November 12, 1940; If, in the opinion of the Contracting private carriers of property engaged in 11:57 a. m.] Officer upon the approval of The Secre­ interstate or foreign commerce, if need tary of War, the best interests of the Gov­ therefor is found, reasonable require­ ernment so require, this contract may be ments to promote safety of operation Notices terminated by the Government even and to that end prescribe qualifications though the contractor be not in default, and maximum hours of service of em­ by a notice in writing relative thereto ployees and standards of equipment; WAR DEPARTMENT. from the Contracting Officer to the con­ It further appearing, That a full in­ [Contract No. W 535 ac-15061 (3460)] tractor. vestigation of the matters and things It is expressly understood and agreed Su m m a r y of C ontract for Su p plie s involved was had and that the Commis­ by both parties hereto that the contractor sion, Division 5, on May 1, 1940, made BEECH AIRCRAFT CORPORATION, CONTRACTOR hereby agrees: and filed a report containing its findings Contract for * * * Airplanes, To pay into the Treasury profit, as of fact and conclusions thereon and on Spare Parts and Data. Amount $3,510,- hereinafter provided shall be determined the same date entered an order pre­ 746.92. by the Treasury Department, in excess of scribing regulations to promote the Place: Materiel Division, Air Corps, 8 per centum of the total contract prices. safety of operation by private carriers of U. S. Army, Wright Field, Dayton, Ohio. The title to all property upon which property engaged in interstate or foreign The supplies and services to be ob­ any partial payment is made prior to the commerce effective August 1, 1940; tained by this instrument are authorized completion of this contract, shall vest It further appearing, That the Com­ by, are for the purpose set forth in, and in the Government. mission, Division 5, by order of July 19, are chargeable to the following Procure­ 1940, postponed the effective date of said Approved: August 16,1940. ment Authorities, the available balances regulations to October 1, 1940, and by By direction of the Secretary of War of which are sufficient to cover cost of order of September 21, 1940, further under the provisions of Section 1 (a), same: postponed the effective date to October Act of July 2, 1940. 15, 1940; APP: 157341 R obert P. P atterson, AC 33 P 12-3037 A It further appearing, That the Com­ 0705.002-01______$3, 267, 470.12 The Assistant Secretary of War. mission, Division 5, by order entered AC 28 P 82-3037 A N eal H. M cK a y , September 30, 1940,1 vacated and set 0705-01______243, 276.80 Major, Quartermaster Corps, aside its order of May 1, 1940, and pre­ This contract, entered into this 14th Assistant to the Director scribed regulations to promote safety of day of June 1940. of Purchases and Contracts. operation by private carriers engaged in The contractor shall furnish and de­ [F. R. Doc. 40-4828; Filed, November 9, 1940; interstate and foreign commerce which liver to the Government all of the air­ 1:01 p. m.] differed in some respects from the regu­ planes, spare parts and data as set forth lations prescribed by the said order of more particularly in Article 16 hereof; May 1, 1940; for the consideration stated, not to ex­ [Contract No. W-ORD-466] It further appearing, That the Na­ ceed Three Million Five Hundred Ten tional Retail Dry Goods Association filed Thousand Seven Hundred Forty-Six Dol­ S u m m a r y of C ost-P lu s -a-F ixed-F ee a petition requesting modification of cer­ lars Ninety-Two Cents ($3,510,746.92). Eq u ip p in g C ontract tain of the rules so prescribed, and that If the contractor refuses or fails to contractor: colt’s patent fire arms on the date hereof the Commission, Di­ make deliveries of the materials or sup­ manufacturing co m pan y vision 5, has made and filed a report plies within the time specified in Article granting said petition in part, which re­ 1, or any extension thereof, the Govern­ Fixed-Fee: $184,888.75. port and said report of May 1, 1940, ment may by written notice terminate Contract for; The purchase and instal­ containing its findings of fact and con­ the right of the contractor to proceed lation of manufacturing facilities in the clusions thereon, are hereby referred to with deliveries or such part or parts Contractor’s Park Street Plant for the and made a part hereof ; thereof as to which there has been delay. manufacture of guns, 37mm, AA, M1A2. And it further appearing, That said In such event, the Government may pur­ Place: Hartford, Connecticut. petition having been fully considered by chase similar materials or supplies in the Estimated cost of project: $3,754,775.00. the Commission, and good cause there­ open market or secure the manufacture The supplies and services to be obtained for appearing; and delivery of the materials and sup­ by this instrument are authorized by, are It is ordered, That effective December plies by contract or otherwise, and the for the purpose set forth in, and are 10,1940, said order of September 30,1940, contractor and his sureties shall be chargeable to the following Procurement be, and it is hereby, amended so as to liable to the Government for any excess Authorities, the available balances of add at the end of Rule 3 (a) of the hours cost occasioned the Government thereby. which are sufficient to cover the cost of of service regulations as it applies to Partial payments will be made as the the same. Ord. # 6787 P2-3052-A1005-01. private carriers of property the fol­ work progresses at the end of each calen­ This contract, entered into this 27th lowing: dar month or as soon thereafter as prac­ day of August, 1940. ticable on authenticated statements of A rtic le I. The Contractor shall as an Provided further, however, That this independent contractor and not as an rule shall not apply with respect to driv­ expenditures of the contractor approved by the Contracting Officer. agent of the Government, in the shortest ers of motor vehicles engaged solely in reasonable time: making deliveries for retail stores during The Government shall furnish to the the period from December 10 to Decem­ Contractor for installation in the air­ To any necessary extent not fully set ber 25, both inclusive, of each year. planes called for under the terms of this forth in items (a ), (b ), (c ), and (d) of And it is further ordered, That in all contract the aeronautical engines men­ this section 1 of Article I, furnish the other respects said order of September tioned and described in this Article. labor, materials, tools, machinery, equip­ Should the Secretary of War determine ment, facilities, supplies and service, in­ 15 PH. 3900. it to be necessary, in the interest of na­ cluding the procurement of public utili- FEDERAL REGISTER, Wednesday, November 13, 1940 4457 ties facilities, and do all other things A rt. V. The Contractor hereby agrees Government Form of bid for the consid­ necessary to increase the Contractor’s that he will: eration of One million two hundred and production capacity from its present Procure and thereafter maintain such sixty-two thousand, eight hundred dol­ lars ($1,262,800.00) in strict accordance approximate production capacity of bonds and insurance in such forms and with the specifications, schedules and * * * guns, 37 mm, AA, M1A2, per in such amounts and for such periods of year, based upon the use of manufactur­ time as the Contracting Officer may ap­ drawings, all of which are made a part ing facilities owned by the Contractor prove or require. hereof. and based upon an average of 420 hours Delays—Damages. If the contractor Art. VI. Should the Contractor at any per month, to a production capacity of time refuse, neglect, or fail to prosecute refuses or fails to prosecute the work, or approximately * * * such guns per the work with promptness and diligence, any separable part thereof, with such dil­ year, based upon the use of the afore­ or default in the performance of any of igence as will insure its completion within said manufacturing facilities owned by the agreements herein contained, or the time specified in article 1 or any ex­ the Contractor, and also of the additional should conditions arise which made it ad­ tension thereof, or fails to complete said manufacturing facilities covered hereby visable or necessary in the interest of the work within such time, the Government and based upon an average of 420 hours Government to cease work under this may, by written notice to the contractor, per month. contract, the Government may terminate terminate his right to proceed with the It is estimated that the total cost of this contract by a notice in writing from work or such part of the work as to which the work covered by this contract will be the Contracting Officer to the Con­ there has been delay. In such event the approximately Three Million Seven tractor. Government may talse over the work and Hundred Fifty-four Thousand Seven A r t . XV. After the execution of this prosecute the same to completion, by con­ Hundred Seventy-five Dollars ($3,754,- contract, the Government, as requested tract or otherwise, and the contractor 775), exclusive of the Contractor’s Fee, by the Contractor, from time to time, and his sureties shall be liable to the and that the work herein contracted for and subject to the approval of the Con­ Government for any excess cost occa­ will be ready for utilization in the manu­ tracting Officer, shall advance to the sioned the Government thereby. I f the facture of guns, 37 mm, AA, M1A2, within Contractor, without payment of interest contractor’s right to proceed is so termi­ * * * months from the date of this thereon by the Contractor, various sums nated, the Government may take posses­ contract. requested, the total of which shall not sion of and utilize in completing the work In consideration for its undertaking exceed One Million Dollars ($1,000,- such materials, appliances, and plant as under this contract the Contractor shall 000,00) which represents an amount not may be on the site of the work and neces­ receive the following: exceeding thirty per-cent (30%) of the sary therefor. If the Government does estimated cost of the work under Ar­ not terminate the right' of the contractor (a) Reimbursement for expenditures to proceed the contractor shall continue as provided in Article II. ticle I. This contract is authorized by the fol­ the work, in which event the actual dam­ (b) A fixed fee in the amount of One ages for the delay will be impossible to Hundred Eighty-four Thousand Eight lowing laws: Act of July 2, 1940 (Public No. 703, 76th Cong.). determine and in lieu thereof the con­ Hundred Eighty-eight Dollars and Sev­ tractor shall pay to the Government as N eal H. M cK a y , enty-five Cents ($184,888.75), which shall fixed, agreed, and liquidated damages for constitute complete compensation for the Major, Quartermaster Corps, each calendar day of delay until the work Contractor’s services, including profit. Assistant to the Director is completed or accepted the amount as The title to all manufacturing facili­ of Purchases and Contracts. set forth in the specifications or accom­ ties set forth in Schedules “A ” , “B” and [P. R. Doc. 40-4825; Filed, November 9, 1940; panying papers and the contractor and “C” , which are purchased by or on behalf 1:03 p. m.] his sureties shall be liable for the amount of the Contractor, shall be in the Gov­ thereof. ernment upon delivery at the Contrac­ Payments to contractors. Unless tor’s plant or at an approved storage [Contract No. W 6266-qm-l; O. I. No. 1] otherwise provided in the specifications, site; and the title to all such facilities, Su m m a r y of C ontract for C onstruction partial payments will be made as the which are produced or constructed by the work progresses at the end of each cal­ Contractor, shall be in the Government CONTRACTOR: GEO. H. ROMMEL CO., 958 LOGAN endar month, or as soon thereafter as when completed. STREET, LOUISVILLE, KENTUCKY practicable, on estimates made and ap­ Art. H. The Contractor shall be Contract for: Construction and Com­ proved by the contracting officer. reimbursed in the manner hereinafter pletion of * * * Storage Ware­ This contract is authorized by the acts described for such of his actual expendi­ houses. Amount: $1,262,800.00. of Public No. 667— 76th Congress, ap­ tures in the performance of the work as Place : Jeffersonville Quartermaster proved June 26, 1940. may be approved or ratified by the Con­ Depot, Jeffersonville, Ind. N eal H. M cK a y , tracting Officer. The supplies and services to be ob­ Major, Quartermaster Corps, A r t. m . The Government will cur­ tained by this instrument are authorized Assistant to the Director rently reimburse the Contractor for ex­ by, are for the purposes set forth in, and of Purchases and Contracts. penditures made in accordance with Ar­ are chargeable to procurement authority [P. R. Doc. 40-4824; Filed, November 9, 1940; ticle I I upon certification to and verifica­ QM 2801 P3-3211 A 0141-01, “Expediting 1:01 p. m.] tion by the Contracting Officer of the Production of Equipment and Supplies original certified payrolls for labor, the for National Defense, 1940-41,” the avail­ original paid invoices for materials or able balance of which are sufficient to other original papers. Generally, reim­ cover the cost of same. [Contract No. W-ORD-470] bursement will be made weekly but may This contract, entered into this Sixth S u m m a ry of C ost-P l u s - a -F ix e d -F ee be made at more frequent intervals if the day of September, 1940. E q u ip p in g and M anufacturing C o n ­ conditions so warrant. Statement of work. The contractor tract and L ease of G o vernm ent O w ne d The fixed fee prescribed in Article I shall furnish the materials, and perform M anufacturing F a c il it ie s the work for the construction and com­ shall be compensation in full for the contractor: savage arms corporation services of the Contractor, including pletion of * * * storage warehouses profit, Ninety per-cent (90%) of said at the Jeffersonville Quartermaster De­ Fixed Fee for Equipping: $1,159,044.95. fixed fee shall be paid as it accrues, in pot, Jeffersonville, Indiana, which in­ Fixed Fee for Manufacture of Guns: monthly installments based upon the cludes items Nos. 1, 2, 4, and 5 for $1,777,233.50. percentage of the completion of the work * * * storage warehouses and Contract For: The production or as determined from estimates made and * * * additional warehouses based procurement and installation of manu­ approved by the Contracting Officer. on items 2, 4, 5 and 6 of the Standard facturing facilities in the Contractor’s No. 221----- 3 4458 FEDERAL REGISTER, Wednesday, Novem ber IS, 1940

Plant for the manufacture of Machine Dollars ($2,000,000), and such additional sation, including profit, for the Contrac­ Guns and Spare Parts; for the lease of sums from time to time as may be re­ tor’s services under this Title HI. said manufacturing facilities; and, con­ quested by the Contractor. The total of The title to all guns, parts and materi­ ditionally for the manufacture of all such advances shall not exceed a sum als, completed or in the course of manu­ * * * Browning Machine Guns. representing 30% of the estimated cost facture, shall be in the Government. Place; Utica, New York. of the work under Title I. After the execution of this contract, the Estimated Cost of Equipping Plant: T itle n. The Government hereby Government, as requested by the Con­ $16,557,785.00. leases to the Contractor all of that ma­ tractor, from time to time, subject to the Estimated Cost of Manufacture of chinery (including special equipment approval of the Contracting Officer, shall Guns: $25,389,050.00. therefor), jigs, fixtures, tools, gauges, advance to the Contractor for the pur­ Amount of Rental to be paid to Finance electrical power equipment, and other pose of manufacturing Browning Ma­ Officer, U. S. Army at Watervliet Arsenal, necessary facilities, all of which shall be chine Guns and parts as set forth in this N. Y.: $1.00. hereinafter referred to collectively as Title m , without payment of interest The supplies and services to be ob­ "Manufacturing Facilities”, which the thereon by the Contractor, an initial sum tained by this instrument are authorized Contractor will have installed in its Plant of One Million Dollars ($1,000,000), and by, are for the purpose set forth in, and at Utica, New York pursuant to the provi­ such additional sums from time to time are chargeable to the following Procure­ sions of Title I hereof. as may be requested by the Contractor. ment Authorities, the available balances The Contractor, at Government ex­ The total of all such advances shall not of which are sufficient to cover the cost of pense, shall maintain and keep in repair exceed a sum representing 30% of the the same: ORD 6791 P2-3052 A 0141-01. all of the Manufacturing Facilities de­ estimated cost of the work under This contract, entered into this sixth scribed in Title I hereof. Title EH. day of September 1940. The term of this lease shall be for a T itle IV. The Contractor shall be re­ imbursed in the manner hereinafter de­ T itle I. To any extent not fully set period of one year, beginning on the date forth in items (a ), (b ), (c) and (d) of of completion of the work covered by scribed for such of its expenditures in this Section 1, Article I-A , furnish the Title I hereof, which date shall be cer­ the performance of the work under Titles labor, materials, tools, machinery, equip­ tified by the Contracting Officer. I and H I of this contract as may be ap­ ment, facilities, supplies, services, etc., The Contractor agrees to pay in ad­ proved or ratified by the Contracting Officer. and do all other things necessary to pro­ vance, as rental for the one year term vide manufacturing facilities in the Con­ herein created, to the Government the The Government will currently reim­ tractor’s Plant for the production of sum of one dollar ($1.00). burse the Contractor for expenditures Browning Machine Guns and spare parts. If, during the continuance of the lease­ made in accordance with Article IV-A upon certification to and verification by The title to all manufacturing facilities hold term herein provided for or any ex­ the Contracting Officer of the original for which the Contractor is entitled to tension or renewal thereof, the facilities certified payrolls for labor, or the orig­ reimbursement under the provisions of herein leased become unnecessary to the inal paid invoices or other original pa­ this contract shall be in the Government effective completion of all the Contrac­ pers for any proper expenditure incurred upon delivery at the Contractor’s Plant tor’s contracts within the time scheduled for their completion, this lease shall be in the prosecution of the work. Gener­ or at an approved storage site. ally, reimbursement will be made weekly It is estimated that the total cost of the terminable at the option of either Party by the giving of thirty days notice, in but may be made at more frequent in­ work covered by Title I of this contract tervals if requested by the Contractor and writing, to the other. will be approximately Sixteen Million, if the circumstances warrant. Five Hundred Fifty-seven Thousand, T itle III. The Contractor shall, as an The fixed fees prescribed in Titles I and Seven Hundred and Eighty-five Dollars independent Contractor, and not as an IH shall be compensation in full for the ($16,557,785.00), exclusive of the Con­ agent of the Government, in the shortest services of the Contractor, including tractor’s fee, and that the work herein reasonable time: profit. Ninety per-cent (90%) of the contracted for will be ready for utiliza­ (a) Manufacture * * * Browning fixed fees prescribed in Article I-C, and tion in the manufacture of Fixed and Machine Guns, Caliber .50 M2 Aircraft, one hundred per-cent ( 100%) of the Flexible Aircraft Type Browning Machine Fixed; * * * Browning Machine fixed fees prescribed in Article HI-C shall Guns and spare parts within * * * Guns, Caliber .50 M2 Aircraft, Fexible; be paid as they accrue, in monthly in­ months from the date of this contract. and * * * Browning Machine Guns, stallments based upon the percentage of In consideration of its undertaking un­ Caliber .30 M2 Aircraft Flexible. the completion of the work as determined der this Title I, the Contractor shall re­ (b) Manufacture spare parts for said from estimates made and furnished by ceive the following: guns. the Contractor and based on the per­ centage of monthly expenditures to the (a) Reimbursement for expenditures It is estimated that the total cost of total estimated expenditures and ap­ as provided in Title IV. the performance of the work under this proved by the Contracting Officer. (b) A fixed fee in the amount of One Title HI will be approximately Twenty- T itle V. The Contractor hereby agrees Million, One Hundred Fifty-nine Thou­ five Million Three Hundred Eighty-nine that it will: Thousand and Fifty Dollars ($25,389,- sand and Forty-four Dollars and Ninety- Procure at the cast of the Government 050.00) exclusive of the Contractor’s fee, five Cents ($1,159,044.95), which shall and thereafter maintain such bonds and and that the work herein contracted for constitute complete compensation in­ insurance in such forms and in such will be completed within * * * from cluding profit, for the Contractor’s serv­ amounts and for such periods of time as the date of this contract. ices under Title I hereof. the Contracting Officer may approve or In consideration of its undertaking After the execution of this contract, require. under Title H I of this contract, the Con­ Should the Contractor at any time re­ the Government, as requested by the tractor shall receive the following: Contractor, from time to time, subject fuse, neglect, or fail to prosecute the to the approval of the Contracting Of­ (a) Reimbursement for expenditures work with promptness and diligence, or ficer, shall advance to the Contractor for as provided in Title IV. default in the performance of any of the the purpose of producing or procuring (b) A fixed fee in the amount of One agreements herein contained, or should and installing manufacturing facilities Million Seven Hundred Seventy-seven conditions arise which make it advisable as set forth in this Title I, without pay­ Thousand, Two Hundred Thirty-three or necessary in the interest of the Gov­ ment of interest thereon by the Con­ Dollars and Fifty Cents ($1,777,233.50), ernment to cease work under this con­ tractor, an initial sum of Two Million which shall constitute complete compen­ tract, the Government may terminate FEDERAL REGISTER, Wednesday, November 13, 1940 4459 this contract by reasonable notice in tice to the sureties, make changes in or Contract for: Consultant service in writing, from the Contracting Officer to additions to the drawings and specifi­ connection with the designing, equipping the Contractor. cations, issue additional instructions, re­ and construction of a plant for the man­ This contract is authorized by the fol­ quire additional work, or direct the omis­ ufacture of trinitrotoluene and dinitro- lowing laws: Act of July 2, 1940 (Public, sion of work covered by the contract. toluene; preparation for operation of No. 703, 76th Cong.). Reimbursement for cost. The Govern­ said plant (including training of key per­ ment will currently reimburse the Con­ sonnel) ; and operation of such plant. N eal H. M cK a y , tractor for such expenditures made in Place: Wilmington, Illinois. Major, Quartermaster Corps, accordance with Article 3 as* may be ap­ Estimated cost of operation of plant: Assistant to the Director proved or ratified and upon Certification $6,700,000 under Title H. of Purchases and Contracts. to and verification by the Contracting The supplies and services to be ob­ [F. B. Doc. 40-4831; Filed, November 9, 1940; Officer. Generally, reimbursement will tained by this instrument are authorized 1:03 p. m.] be made weekly but may be made at more by, are for the purpose set forth in, and frequent intervals if the conditions so are chargeable to the following Procure­ warrant. ment Authorities, the available balances [Contract No. W 535 ao-15707 (3672] Payment of the fixed fee. Ninety per of which are sufficient to cover the cost Sum m ar y op C ost-P l u s - a-F ixed-F ee cent (90%) of the fixed fee of six per of the same: ORD 6783 P99 A 0141-01. Su p p l y C ontract cent (6% ) set forth in paragraph (a) of This contract, entered into this 13th contractor: curtiss- w r ig h t corpora­ Article 3 hereof, shall be paid as it ac­ day of September 1940. tio n--- ST. LOUIS AIRPLANE DIVISION crues, in monthly installments or in such A rticle I-A. Description. The con­ Contract for: * * * AT-9 Air­ other periodic installments as may be struction project (hereinafter referred planes, spare parts and data and skeleton agreed upon by the parties hereto based to as “ the Plant” ) shall comprise a plant airplane. upon the percentage of the completion of near Wilmington, Illinois for the manu­ Estimated Cost: $3,982,141.00. the work as determined from estimates facture of trinitroluene (hereinafter re­ Fixed-Fee: $238,928.46. made and approved by the Contracting ferred to as “T N T ” ) and dinitroluene The supplies and services to be ob­ Officer. (hereinafter referred to as “DNT”) tained by this instrument are authorized Should the Contractor at any time re­ A rt. I-B. Character and extent of by, and for the purpose set forth in, and fuse, neglect, or fail to prosecute the work services. The Contractor shall, after are chargeable to the following Procure­ with promptness and diligence, or default approval thereof by the Contracting Offi­ ment Authorities, the available balances in the performance of any of the agree­ cer, furnish to the Construction Con­ of which are sufficient to cover the cost ments herein contained, or should condi­ tractor complete plans and designs for of the same: tions arise which make it advisable or the acid unit (ammonia oxidation in­ necessary in the interest of the Govern­ AC 34 P 12-3037 A 0705-01____ $3, 840, 661. 96 cluding power recovery, nitric acid con­ AC 28 P 82-3037 A 0705-01— 1 380, 407. 50 ment that work be discontinued under centration, sulfuric acid concentration, this contract, the Government may termi­ acid recovery, storage tanks, and acid This contract, entered into this 9th nate this contract by a notice in writing day of September 1940. pipe lines), the T N T unit (acid storage, from the Contracting Officer to the Con­ toluol storage, mononitrating houses, bi- The Contractor shall, within the time tractor. and tri-nitrating houses, neutralizing specified in Article 4 hereof, manufacture, The title to all property upon which and finishing buildings and equipment), furnish and deliver to the Government any partial payment is made prior to the and the DNT unit (acid storage, nitrat­ the following articles: completion of this contract, shall vest in ing house and finishing house); shall Q u a n tity Estimated Cost the Government. advise the Construction Contractor con­ • * * AT-9 Airplanes_____ $3, 588, 750.00 It is expressly understood and agreed cerning designs for other facilities as to Spare Parts______358, 875.00 by both parties hereto that the Contrac­ Skeleton Airplane______20, 480.00 adequacy of capacity only; shall inspect Data______14,036.00 tor hereby agrees: all stainless steel equipment; and shall To pay into the Treasury profit, as furnish at least one and not more than Total Estimated Cost___$3, 982,141.00 hereinafter provided shall be determined four experienced engineers to act as in­ The Government shall furnish without by the Treasury Department, in excess of spectors and advisors to Construction cost to the Contractor f . o. b. freight sta­ 12 per centum of the total contract Contractor in connection with the in­ tion, Robertson, Missouri, all equipment prices, of such contracts within the scope stallation of the acid, T N T and DNT units mentioned in Contractor’s Specification of the law as are completed by the par­ in conformity with the methods followed Report No. 25-Z51, hereinbefore referred ticular contracting party within the in­ by du Pont for safe and efficient opera­ to and elsewhere mentioned in this con­ come taxable year. tion of such units. tract as being furnished by the Govern­ This contract authorized under the pro­ All plans and designs so furnished are ment. visions of section 1 (a ), Act of July 2,1940 to become the property of the Govern­ Any costs incurred by the Contractor (Public, 703, 76th Congress). ment and the Government shall have full under the terms of this contract which N eal H. M cK a y , right to use said plans and designs for would constitute an allowable item of Major, Quartermaster Corps, any purpose it may desire. cost under the provisions of paragraph Assistant to the Director A rt. I-C. Consideration. As complete (b ), Article 3 hereof shall be included in of Purchases and Contracts. consideration for its undertakings under determining the amount payable under this Title I the Contractor shall receive this contract. [F. R. Doc. 40-4827; Filed, November 9, 1940; the sum of One Hundred Thousand Dol­ 1:01 p. m.] The Government will pay the contrac­ lars ($100,000), which sum has been de­ tor upon satisfactory delivery of all items termined by negotiation between the specified in the contract, subject to par­ Contractor and the Chief of Ordnance. tial payments as outlined in Article 6 [Contract No. W-ORD-473] Payment of the consideration provided hereof, the cost, plus a fixed fee of Two Sum m ar y of F ixed-P rice (L u m p -S u m ) in Section I of this Article I-C shall be Hundred Thirty Eight Thousand Nine C onsultant S ervice and C ost-P l u s - a- made to the Contractor in seven (7) equal Hundred Twenty Eight Dollars and Forty F ixed-F ee O peration C ontract monthly installments, the first install­ Six Cents ($238,928.46), being six per­ ment to be paid at the close of the first cent of the total estimated cost of Three contractor: e . i . du pont de Nemours & calendar month of this agreement. COMPANY, WILMINGTON, DELAWARE Million Nine Hundred Eighty Two Thou­ During construction of the Plant the sand One Hundred Forty One and no/100 Fixed price (lump-sum) for consultant Contractor shall make necessary prepara­ dollars ($3,982,141.00). service: $100,000 under Title I. tions for the subsequent operation there­ The Contracting Officer may, at any Fixed fee for operation: l/ z t per lb. of, including the training of key men for time, by a written order and without no­ TNT, 45/100(4 per lb. DNT under Title II. such operation. 4460 FEDERAL REGISTER, Wednesday, November 13, 1940

As each operating line of the Plant is of T N T and DNT to be supplied here­ supplies, services, etc., and do all things completed and ready for operation, the under. necessary to provide and install machin­ Contractor shall proceed to operate it Should the Contractor at any time ery and equipment in the Contractor’s for the production of T N T and DNT in refuse, neglect, or fail to prosecute the Plants for the production of Browning the quantities set forth in this Article. work under Title H with promptness Machine Guns and parts. It is estimated that the total cost of the and diligence, or default in the perform­ The title to all machinery and equip­ Contractor’s performance under Title II ance of any of the agreements herein ment, purchased or furnished under the of this contract in producing the initial contained, or should conditions arise provisions of this Title I, upon delivery quantities of T N T and DNT will be ap­ which make it advisable or necessary in at the Contractor’s plant, or in an ap­ proximately Six Million Seven Hundred the interest of the Government to cease proved storage site in the course of in­ Thousand Dollars ($6,700,000), exclusive work under that Title, the Government stallation, or installed, shall be in the of the Contractor’s fee. may terminate this contract by a notice Government. in writing from the Contracting Officer In consideration for its undertaking It is estimated that the total cost of to the Contractor. under this Title n the Contractor shall the work covered by Title I of this con­ This contract is authorized by the fol­ receive the following, which shall con­ tract will be approximately Twenty Mil­ lowing laws: Act of July 2, 1940 (Public, stitute complete compensation for the lion Two Hundred Fifty Thousand Nine No. 703, 76th Cong.). Contractor’s services under this Title n , Hundred Forty Dollars ($20,250,940.00), N eal H. M cK a y , including profits: exclusive of the Contractor’s fee, and that Major, Quartermaster Corps, 1. Reimbursement for expenditures as the work herein contracted for will be Assistant to the Director provided in Title m . ready for utilization in the manufacture of Purchases and Contracts. 2. A fixed fee of one-half cent ( per of Browning Machine Guns and spare pound of T N T and forty-five one hun­ [P. R. Doc. 40-4830; Piled, November 9, 1940; parts within * * * months from the dredths cents (45/100fi) per pound of 1:03 p. m.] date of this contract. DNT manufactured hereunder in con­ In consideration of its undertaking formity with specifications. under this Title I, the Contractor shall The title to all work under Title n , [Contract No. W-ORD-474] receive the following: completed or in the course of construc­ S u m m ary of C ost-P lu s - a -F ix ed -F ee (a) Reimbursement for expenditures tion or manufacture, and to all finished Eq u ip p in g , L ease of G o ve rn m e n t- as provided in Article I-D of this Title I. or semi-finished products, shall be in the O w ne d Eq u ip m e n t , and F ixed P rice (b) A fixed fee in the amount of One Government. Su p p l y C ontract Dollar ($1.00) which shall constitute The Contractor hereby agrees that it contractor: general m otors corpora­ complete compensation including profit, will: t io n , De tr o it, Mic h ig a n for the Contractor’s services under Title Procure and thereafter maintain such I hereof. Fixed fee for equipping: $1.00. bonds and insurance in such forms and Estimated cost of equipping: $20,250,- The Government will currently reim­ in such amounts and for such periods of burse the Contractor for expenditures time as the Contracting Officer may re­ 940.00. Total contract price: $61,398,872.19. made in accordance with Article I-D quire, provided same are obtainable. Contract for: The purchase and in­ upon certification to and verification by The Government shall currently reim­ stallation on a Cost-Plus-a-Fixed-Fee the Contracting Officer of the original burse the Contractor for expenditures basis of machinery and equipment in certified payrolls for labor, the original made in accordance with Article m - A Contractor’s Plants for the manufacture paid invoices for materials or other orig­ of this Title H I upon certification to and of Machine Guns; the lease of such ma­ inal papers. Generally, reimbursement verification by the Contracting Officer of chinery and equipment to the Contrac­ will be made weekly, but may be made the original certified payrolls for labor, tor; and the manufacture of machine at more frequent intervals if the condi­ or the original paid invoices for mate­ guns by the Contractor on a fixed- tions so warrant. rials, or other original papers, or other price basis. The Contractor hereby agrees that it evidence satisfactory to the Contracting will: Places: Flint, Michigan; Dayton, Ohio; Officer. Reimbursement will be made Saginaw, Michigan; Syracuse, New York. Procure and thereafter maintain such weekly but may be made at more fre­ bonds and insurance in such forms and The supplies and services to be ob­ quent intervals if the conditions so war­ in such amounts and for such periods tained by this instrument are authorized rant. of time as the Contracting Officer may by, are for the purpose set forth in, and Payment of the general administrative approve or require. and other expenses provided in sub-para­ are chargeable to the following Procure­ graph (k) of Section I of Article m -A ment Authorities, the available balances Should the Contractor at any time hereof shall be made at the close of each of which are sufficient to cover the cost of refuse, neglect, or fail to prosecute the calendar month in which the same shall the same: ORD 6792 P99 A-0141-01; work under this Title I with Prompt­ accrue. ORD 7201-OS & SA 1940-41; ORD 7201 ness and diligence, or default in the per­ The fixed fee provided for in Title n, W AR ORD. Working Fund. formance of any of the agreements therein contained, or should conditions based on the quantities of TN T and DNT This contract, entered into this 13th manufactured hereunder, shall be paid arise which make it advisable or neces­ day of September 1940. promptly after the close of the calendar sary in the interest of the Government A r tic le I-A .—Statement of work. The month in which such finished product is to cease work under Title I of this con­ Contractor shall, in the shortest possible inspected and accepted. tract, the Government may terminate the time: At any time and from time to time work under such Title I by a notice in after the execution of this Contract, the (a) Purchase the machinery and writing from the Contracting Officer to Government, at the request of the Con­ equipment therefor, as set forth in the the Contractor. tractor and subject to the approval of schedule attached hereto and made a A rt. H-A. Subject matter. The Gov­ the Chief of Ordnance, shall advance to part hereof, marked Exhibit “A ” . ernment hereby leases to the Contractor the Contractor, without payment of in­ (b) Arrange for the transportation of all of that machinery and equipment terest therefor by the Contractor, not to said machinery and equipment to the which the Contractor will have installed exceed a total aggregate sum of One Contractor’s plants. in its Plants pursuant to the provisions Million Nine Hundred Fifty Thousand (c) To any extent not fully set forth in of Title I hereof. Dollars ($1,950,000), representing not items (a) and (b) of this section 1, The Contractor shall maintain and more than thirty per cent (30%) of the Article I-A, furnish the labor, materials, keep in repair 'all of the machinery and eistimated cost of the initial quantities tools, machinery, equipment, facilities, equipment described in Title I hereof. 44 61FEDERAL REGISTER,Wednesday, November 13, 1940 4461FEDERAL

The term of this lease shall be for the quoted herein can be reduced, then the visions of Article IV and Article V II of period during which machine guns are prices of the guns remaining to be de­ this contract, subject to the provisions of manufactured by the Contractor under livered to the Government shall be paragraph 1 b (2) above. Title II I of this contract. reduced. Payments shall be made on vouchers The Contractor agrees to pay to the This contract is authorized by the fol­ approved by the Contracting Officer on Government in advance, as rental for the lowing laws: Act of July 2, 1940 (Public, standard forms, as soon as practicable term herein created the sum of one dol­ No. 703, 76th Cong.). after the submission of statements, with lar ($1.00). N eal H . M cK a y , original certified payrolls, receipted bills A r t. m -A . Quantities. The Contrac­ Major, Quartermaster Corps, for all expenses including materials, sup­ tor agrees to sell and deliver to the Gov­ Assistant to the Director plies and equipment, and all other sup­ ernment, and the Government agrees to of Purchases and Contracts. porting data and the amount of the accept and pay for, subject to the terms [F. R. Doc. 40-4829; Filed November 9, 1940; Architect-Engineer’s fixed fee earned. and conditions hereinafter set forth, 1:02 p. m.] All drawings, specifications, and blue * * * Browning Machine Guns, prints are to become the property of the Caliber .30, M1919, A4, Flexible. Government on completion of payments. * * * Browning Machine Guns, [Contract No. W 6478 qm-1; O. L No. 1-41] Changes in Scope of Project. The Con­ tracting Officer may at any time, by a Caliber .30 M2, Aircraft, Fixed. S u m m a r y of C ost-P lu s - a-F ix ed -F ee written order, make changes in the scope * * * Browning Machine Guns, A rc h itec t-E ngineer S ervices Caliber .50 M2 Aircraft Fixed. of the work contemplated by this con­ * * * Browning Machine Guns, architect- e n g in e er : tem ple h . b u e ll, an tract. Caliber .50 M2 Aircraft, Flexible. INDIVIDUAL DOING BUSINESS AS T. H. Termination for Cause or for Con­ * * * Browning Machine Guns, BUELL & CO., AND PROUTY BROS. ENGINEER­ venience of the Government. The Gov­ Caliber .50 M2, Heavy Barrel, Flexible. ING CO., A PARTNERSHIP, BOTH OF DENVER, ernment may terminate this contract at COLORADO any time and for any cause by a notice The Contracting Officer may at any in writing from the Contracting Officer time, by a written order, and without Amount fixed fee: $10,000.00. to the Architect-Engineer. notice to the sureties, make changes in Estimated cost of construction project: This contract is authorized by the fol­ the drawings or specifications, except $8,288,289.00. lowing laws: Public, No. 703, 76th Con­ Federal Specifications. Type of construction project: Con­ gress, approved July 2, 1940; Public, No. The Government will pay to the Con­ struction of a new Ordnance Depot. Location: Fort Wingate, New Mexico. 309, 76th Congress, approved August 7, tractor for each machine gun, including 1939. standard spare parts, manufactured in Type of service: Architectural-Engi­ N eal H . M cK a y , accordance with the drawing numbers neering. Major, Quartermaster Corps, referred to in Article III-A , delivered to The supplies and services to be obtained Assistant to the Director the Government in accordance with the by this instrument are authorized by, are of Purchases and Contracts. provisions of Title i n of this contract, for the purpose set forth in, and are the sum of chargeable to, Procurement Authority [F. R. Doc. 40—4826; Filed, November 9, 1940; No. QM 7409 Pl-3211 A0540.067-N, the 1:01 p. m.] (a) Six hundred sixty-seven dollars available balance of which is sufficient and fifty-three cents ($667.53) for the to cover the cost of same. caliber .30 A4 flexible gun; This contract, entered into this 21st (b) Six hundred forty-one dollars and day of October 1940. DEPARTMENT OF THE INTERIOR. seventy-one cents ($641.71) for the cali­ Description of the work. The Archi­ Bituminous Coal Division. ber .30 M2 aircraft, fixed gun; tect-Engineer shall perform all the neces­ (c) Nine hundred sixty-four dollars sary services provided under this contract [Docket No. A-207] and seventy-two cents ($964.72) for the for the following described project: Con­ P e t it io n of D is tr ic t B oard 20 for th e caliber .50 M2 aircraft, fixed gun; struction of a new ordnance depot, com­ Establishment of P rice C la s s ific a ­ (d) One thousand six dollars and twen­ prising approximately * * * stand­ t io n s and M in im u m P rices for t h e ty-nine cents ($1,006.29) for the caliber ard igloo magazines at Fort Wingate, New C oals of C e rtain M in e s N ot H ereto­ .50 M2 aircraft flexible gun; Mexico and estimated to cost $8,288,- fore C lassified and P riced (e) One thousand ninety-four dollars 289.00. NOTICE OF AND ORDER FOR HEARING AND and thirty-five cents ($1,094.35) for the Data to he furnished by the Govern­ GRANTING TEMPORARY RELIEF caliber .50 M2, heavy barrel gun; ment. The Government shall furnish the A petition, pursuant to the Bituminous subject to adjustments in the event of Architect-Engineer available schedules of Coal Act of 1937, having been duly filed changes in labor costs, taxes and reduc­ preliminary data, layout sketches, and with this Division by the above-named tions in price in accordance with Article other information respecting sites, topog­ party; HI-D. raphy, soil conditions, outside utilities and equipment as may be essential for the It is ordered, That a hearing in the The parties hereto recognize that the preparation of preliminary sketches and above-entitled matter under the applica­ Contractor has had no experience in the the development of final drawings and ble provisions of said Act and the rules building of guns contracted for in this specifications. of the Division be held on December 2, Title HI, and that in arriving at the Fixed-fee and reimbursement of ex­ 1940, at 10 o’clock in the forenoon of price of said guns, it has had to rely upon penditures. In consideration for his un­ that day, at a hearing room of the Bitu­ the experience of others which it has dertakings under the contract, the minous Coal Division, 734 Fifteenth attempted to relate to its own methods Architect-Engineer shall be paid the fol­ Street, NW., Washington, D. C. On such of production. lowing: day the Chief of the Records Section in The Contractor recognizes an obliga­ room 502 will advise as to the room (a) A fixed fee in the amount of Ten tion to reduce costs as soon as possible. where such hearing will be held. Thousand and No/100 Dollars, ($10,- The degree of success achieved along It is further ordered, That Charles O. 000.00) which shall constitute complete these lines will depend on the length of Fowler, or any other officer or officers of compensation for the Architect-Engi­ time required to obtain the necessary the Division duly designated for that machinery and on the cooperation ob­ neer’s services. purpose shall preside at the hearing in (b) Reimbursement for the following tained from labor in establishing effi­ such matter. The officers so designated ciency in the plants. expenditures: to preside at such hearing are hereby If the results of its operations indicate The actual cost of expenditures made by authorized to conduct said hearing, to that the cost reflected in the prices the Architect Engineer under the pro­ administer oaths and affirmations, ex- 4462 FEDERAL REGISTER, Wednesday, November 13, 1940 amine witnesses, subpoena witnesses, TEMPORARY SUPPLEMENT NO. 3 1 TO SCHEDULE OF EFFECTIVE M INIM UM PRICES FOR DISTRICT compel their attendance, take evidence, NO. 20 require the production of any books, papers, correspondence, memoranda, or The following temporary changes shall be made in Price Schedule No. 1 for Dis­ other records deemed relevant or mate­ trict No. 20: rial to the inquiry, to continue said hear­ Insert the following in proper alphabetical order: ing from time to time, and to prepare and submit to the Director proposed M in e Prices Subdistrict findings of fact and conclusions and the Prod u cer M in e In dex C o u n ty price group N o . recommendation of an appropriate order R a il T ru ck in the premises, and to perform all other duties in connection therewith author­ 180 N o . 1...... Eccles Canyon Coal Co., The ______Eccles Canyon ____ 181 C a rb o n _____ N o . 1...... 6 g ized by law. Nyman, Carl.______179 C a rb o n _____ N o . 1...... 6 9 Notice of such hearing is hereby given B lu e F la m e ______175 C a rb o n ...... N o . 1_____ 9 176 N o . 2____ _ 9 to all parties herein and to persons or 177 N o . 3...... 10 entities having an interest in these pro­ Red Creek Coal Mining Co ...... Red Creek...... 173 Duchesne... No. 3...... 10 ceedings and eligible to become a party herein. Any person desiring to be ad­ Insert the following Code member names, mine names, counties and prices in mitted as a party to this proceeding may proper alphabetical order according to Subdistrict number: file a petition of intervention in accord­ ance with the rules and regulations of Subdistrict No. 1 the Bituminous Coal Division for pro­ ceedings instituted pursuant to Section Size groups 4 II (d) of the Act, setting forth the facts Code member« mine n&iue C o u n ty on the basis of which the relief in the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 original petition is supported or opposed 15 or on the basis of which other relief is C a r b o n .______404 364 349 329 334 274 249 209 199 169 159 134 254 224 199 sought. Such petitions of intervention Eccles Canyon Coal Co., The Eccles Can- C a rb o n ______420 380 365 345 350 290 265 225 215 185 175 150 270 240 215 shall be filed with the Bituminous Coal yon . C a r b o n ______390 350 335 315 320 260 235 195 185 155 145 120 240 210 185 Division on or before November 23, 1940. Sutton, Lloyd D., Blue Flame M ine ______C a rb o n ______380 340 325 305 310 250 225 185 175 145 135 110 230 200 175

All persons are hereby notified that •SUBDISTRICT NO. 2 the hearing in the above-entitled mat­ ter and any orders entered therein, may Morgan, James H., Coal Hollow M ine ____ K a n e ______345 310 300 290 290 235 220 185 180 150 145 145 225 200 185 concern, in addition to the matters spe­ SUBDISTRICT NO. 3 cifically alleged in the petition, other 345 310 300 290 290 235 220 185 180 150 145 145 225 200 185 matters necessarily incidental and re­ Red Creek Coal Mining Co., Red Creek D u ch esn e. . . . 345 310 300 290 290 235 220 185 180 150 145 145 225 200 185 lated thereto, which may be raised by M in e . amendment to the petition, petitions of interveners or otherwise,, or which may [P. R. Doc. 40-4804; Piled, November 8, 1940; 1:32 p. m.] be necessary corollaries to the relief, if any, granted on the basis of this petition. The matter concerned herewith is in [Docket No. A-99] By an order in Docket No. A-48 dated regard to the establishment of effective Petition of B ellemead Coal Company October 2, 1940, the Director established m inim um prices for the coals of certain for the R eduction in Classification a price classification for Mine Index 127 mines, hereinafter referred to, located of the Coals of the M orrison M ine, in Size Group 10 and classified the coal in District 20, for which coals price M ine Index 127, D istrict N o. 7, in Size of Size Group 10 by the letter “B.” classifications and minimum prices have G roups 8 and 9 and. for T emporary By a supplemental petition dated No­ not heretofore been established. R elief vember 4,1940, the Bellemead Coal Com­ It is further ordered, That, a reason­ pany requested that the temporary clas­ o r d e r g r a n t in g t e m p o r a r y r e l i e f able showing of the necessity therefor sification for Size Group 10 also be re­ having been made, pending final dispo­ In its original petition, Bellemead Coal duced from “B” to “C.” sition of the petition in the above- Company requested a reduction in clas­ At the informal conference the reduc­ entitled matter, temporary relief be, and sification from “B” to “D” of the coals of tion from “B” to “C” of the temporary it hereby is, granted as follows: Com­ its Morrison Mine, Mine Index 127, Size classification for Size Group 10 was dis­ mencing forthwith, the coals referred to Groups 8 and 9, for shipment into all cussed, and there was no opposition in the schedule hereto annexed, marked market areas. After an informal con­ thereto. “ Temporary Supplement No. 3 to Sched­ ference held on October 21, 1940, re­ Now, therefore, it is ordered, That, ule of Effective Minimum Prices for Dis­ garding temporary relief in the above- pending the final disposition of the peti­ trict No. 20” and made part hereof, shall entitled matter, the Director issued an tion in the above-entitled proceedings, be subject to minimum prices as provided order dated November 1, 1940, granting temporary relief be, and the same hereby in Temporary Supplement No. 3. temporary relief to the extent that clas­ is, granted to the extent that, commenc­ ing forthwith, the coal of Size Group 10 Notice is hereby given, That applica­ sification of Size Groups 8 and 9 at Mine of the Morrison Mine, Mine Index 127, tions to stay, terminate or modify the Index 127 was reduced from “B ” to “C,” District No. 7, for shipment into all mar­ temporary relief herein granted may be and ordering that a hearing be held on ket areas be classified as “C” in the filed pursuant to the rules and regula­ December 5, 1940, in the above-entitled Schedule of Effective Minimum Prices tions governing practice and procedure matter. for District No. 7 for All Shipments Ex­ before the Bituminous Coal Division and 1 Issued in accordance with Order of the cept Truck. proceedings instituted pursuant to sec­ Director of the Bituminous Coal Division in Notice is hereby given, That all appli­ tion 4 II (d) of the Bituminous Coal Docket A—207, dated November 5, 1940. Ef­ cations to stay, terminate, or modify Act of 1937. fective as of that date and continuing until further order of the Director. The material temporary relief granted herein may be Dated, November 5, 1940. in this Supplement is to be read in the filed pursuant to the rules and regula­ light of the instructions, exceptions and other tions governing practice and procedure [ seal] H . A. G r a y , provisions contained in Price Schedule No. Director. • 1 for this District and supplements thereto. before the Bituminous Coal Division in FEDERAL REGISTER, Wednesday, November 13, 1940 4463

proceedings instituted pursuant to sec­ The matter concerned herewith is in matter, temporary relief be, and it hereby tion 4 II (d) of the Bituminous Coal Act regard to the establishment of effective is, granted as follows: Commencing of 1937. minimum prices for the coals of certain forthwith, the coals referred to in the Dated, November 8, 1940. mines, hereinafter named, located in Dis­ schedule hereto annexed, marked “Tem­ [ seal] H. A. G r a y , trict No. 18, for which coals price classifi­ porary Supplement No. 3 to Price Sched­ Director. cations and minimum prices have not ule No. 1, District No. 18,” and made part [P. R. Doc. 40-4820; Piled, November 9, 1940; heretofore been established. hereof, shall be subject to minimum 11:53 a. m.] All persons are hereby notified that the prices as provided in said Temporary hearing in the above-entitled matter and Supplement. any orders therein may concern, in addi­ Notice is hereby given that applica­ [Docket No. A-263] tion to the matters specifically alleged in tions to stay, terminate or modify the the petition, other matters necessarily in­ temporary relief herein granted may be P e t it io n of D is t r ic t B oard 18 for the cidental and related thereto, which may filed pursuant to the rules and regula­ E stablishment of P rice C lassific a­ be raised by amendment of the original tions governing practice and procedure tio n s and M in im u m P rices for the petition, petitions of interveners, or before the Bituminous Coal Division and C oals of C e r t a in M in e s i n D is tr ic t otherwise, or which may be necessary proceedings instituted pursuant to sec­ No. 18 N ot H eretofore C lassified and corollaries to the relief, if any, granted P riced. tion 4 H (d) of the Bituminous Coal Act on the basis of said original petition. of 1937. It is further ordered, That a reason­ NOTICE OF AND ORDER FOR HEARING AND Dated, November 6, 1940. ORDER GRANTING TEMPORARY RELIEF able showing of the necessity therefor [ seal] H . A. G r a y , An original petition, pursuant to sec­ having been made, pending final disposi­ tion 4 11(d) of the Bituminous Coal Act tion of the petition in the above-entitled, Director. of 1937 having been duly filed with this Division by the above-named party; TEMPORARY SUPPLEMENT NO. 3 1 TO PRICE SCHEDULE NO. 1 DISTRICT NO. 18 It is ordered, That a hearing in the The following temporary change shall be made in Price Schedule No. 1 for Dis­ above-entitled matter be held, under the trict No. 18: applicable provisions of said Act, and the The following shall be listed in proper alphabetical order: rules and regulations of the Division, on December 2, 1940, at 10 o’clock a. m. (eastern standard time) in a hearing M in e P rices P rod u ce r M in e in dex C o u n ty room of the Bituminous Coal Division, N o . 734 Fifteenth Street, NW., Washington, R a il T r u c k D. C. On such day the Chief of the McDonald...... 136 5 8 Records Section in Room 502 will advise 132 5 8 as to the room in which such hearing F ie ld s ..______135 5 g will be held. It is further ordered, That Edward J. Insert the following in proper alphabetical order according to subdistrict: Hayes or any other officer or officers of the Division duly designated for that pur­ Sise groups pose shall preside at the hearing in such Code member M in e C o u n ty matter. The officers so designated to 2 8 9 10 11 13 15 preside at such hearing are hereby auth­ orized to conduct said hearing, to admin­ SUBDISTRICT NO. 3 ister oaths and affirmations, examine McDonald, J. M ...... M c D o n a ld ____ S a n d o va l______365 300 200 150 100 witnesses, compel their attendance, take 365 300 200 150 100 evidence, require the production of any books, papers, correspondence, memo­ SUBDISTRICT NO. 8 randa, or other records deemed relevant F ie ld s ______San Ju an____ 250 150 100 50 200 or material to the inquiry, to continue said hearing from time to time, and to [P. R. Doc. 40-4819; Piled, November 9, 1940; 11:53 a. m.] prepare and submit to the Director pro­ posed findings of fact and conclusions and the recommendation of an appro­ priate order in the premises, and to per­ form all other duties in connection there­ DEPARTMENT OF AGRICULTURE. (b) Administrative Order No. 91, with authorized by law. dated May 3, 1937, by changing the Rural Electrification Administration. project designatoin “Montana 1 W Ra­ Notice of such hearing is hereby given valli” appearing therein to read “ Mon­ to all parties herein and to persons or [Administrative order No. 535] tana 7001W1 Ravalli”. entities having an interest in these pro­ A m ending P roject D esignations ceedings and eligible to become parties [ seal] H ar r y S l a t t e r y , O ctober 31, 1940. herein. Any person desiring to be ad­ Administrator. I hereby amend: mitted as a party to this proceeding [P. R. Doc. 40-4811; Piled, November 8, 1940; may file a petition of intervention in (a) Administrative Order No. 531, 2: 59 p. m.] accordance with the rules and regula­ dated October 18, 1940, by deleting para­ tions of the Bituminous Coal Division graph (b) thereof; and for proceedings instituted pursuant to [Administrative Order No. 536] Section 4 n (d) of the Act, setting forth 1 Issued in accordance with Order of the the facts on the basis of which the re­ Director of the Bituminous Coal Division in A llo c a tio n of F unds for L oans Docket A-263, dated November 6, 1940. Ef­ lief in the original petition is supported O ctober 31, 1940. fective as of November 6, 1940, and continu­ or opposed or on the basis of which other ing until fürther order of the. Director. The By virtue of the authority vested in relief is sought. Such petitions of in­ material in this Supplement is to be read in me by the provisions of section 4 of the tervention shall be filed with the Bi­ the light of the instructions, exceptions and Rural Electrification Act of 1936, as tuminous Coal Division on or before other provisions contained in Price Schedule No. 1 for this District and Supplements amended, I hereby allocate, from the November 26, 1940. thereto. sum authorized by said Act, funds for 4464 FEDERAL REGISTER, Wednesday, November 13, 1940

loans for the projects and in the amounts The meetings will convene each day at Knitted Wear Learner Regulations, as set forth in the following schedule: 10 A. M. October 10, 1940, (5 F.R. 3982) Project designation: A m o u n t A copy of the proposed regulations has Millinery Learner Regulations, Custom Minnesota 1065D1 Dakota______$32,000 been filed with the Federal Register.1 Made and Popular Priced, August 29, Minnesota 1088A1 Koochiching____ 107,000 Interested persons may obtain a copy of 1940, (5 F R . 3392, 3393) Minnesota 1095A1 Lake of the them by addressing the Director, Bureau Woods______196,000 Textile Determination and Order, No­ Ohio 1001C1 Miami______96,000 of Marine Inspection and Navigation, vember 8, 1939, (4 F R 4531) as Department of Commerce, Washington, amended, April 27, 1940, (5 F.R. 1586) [ seal] H ar r y S l a t t e r y , D. C. Woolen Learner Regulations, October Administrator. [ se al] So u t h T rim b le, Jr., 30, 1940, (5 F R . 4302) [P. R. Doc. 40-4812; Filed, November 8, 1940; Acting Secretary of Commerce. The employment of learners under 2:59 p. m.] [F. R. Doc. 40-4803; Filed, November 8, 1940; these Certificates is limited to the terms 1:06 p. m.] and conditions as to the occupations, learning periods, minimum wage rates, [ Administrative Order No. 537] et cetera, specified in the Determination A llocation of F unds for L oans Civil Aeronautics Authority. and Order or Regulation for the industry designated above and indicated opposite [Docket No. SA—24] N ovember 2, 1940. the employer’s name. These Certificates By virtue of the authority vested in I nvestigation of A ccident Involving become effective November 11, 1940. me by the provisions of Section 4 of the Aircraft of U nited States R egistry The Certificates may be cancelled in the Rural Electrification Act of 1936, as NC 16086, W h ich Occurred N ear Ce n ­ manner provided in the Regulations and amended, I hereby allocate, from the terville, U tah, on N ovember 4, 1940 as indicated in the Certificate. Any per­ sums authorized by said Act, funds for son aggrieved by the issuance of any of NOTICE OF HEARING* loans for the projects and in the amounts these Certificates may seek a review or as set forth in the following schedule: Notice is hereby given that a public reconsideration thereof. Project designation: A m o u n t hearing in connection with the above en­ Arizona 1014B1 Cochise______$165, 000 titled matter will be held in Salt Lake NAME AND ADDRESS OF FIRM, INDUSTRY, Colorado 1022B1 Boulder______130,000 City, Utah, at 9 a. m. (M S T ), November PRODUCT, NUMBER OF LEARNERS, AND Georgia 1031C1 Upson------69,000 EXPIRATION DATE Georgia 1067E1 Bacon______122,000 12, 1940, in Room 220 of the Federal Georgia 1077C1 Forsyth------83,000 Building. Atlantic Products Corporation, 1 Georgia 1078B1 Habersham______158,000 November 8th, 1940. Johnson Avenue, Trenton, New Jersey; Georgia 1084C1 Cobb------80,000 Textile; Army Field Bags; 60 learners; Georgia 1088C1 Telfair______97,000 [ seal] S. G. T ipton, Georgia 1090C1 Candler______68,000 Examiner. February 10, 1941. Kentucky 1021F1 Nelson______35,000 Missouri 1034C1 Macon______118, 000 [F. R. Doc. 40-4813; Filed, November 9, 1940; Signed at Washington, D. C., this 9th Missouri 1035B1 Adair------135,000 9:54 a. m.] day of November, 1940. Missouri 1044B1 Grundy______40, 000 M erle D. V in c e n t , Missouri 1055A1 Cedar------152,000 New Hampshire 1004C1 Merri­ Authorized Representative mack ______412,000 DEPARTMENT OF LABOR. of the Administrator. Virginia 1027H1 Nottoway------93,000 Washington 1029A1 Skamania___ 28,000 Wage and Hour Division. [F. R. Doc. 40-4821; Filed, November 9, 1940; District Public 12:24 p. m.] N otice of I ssuance of Special Certifi­ [ seal] H ar r y S l a t t e r y , Administrator. cates for the Employment of L earn­ ers U nder the F air L abor Standards N otice of I ssuance of Special Certifi­ [F. R. Doc. 40-4818; Filed, November 9, 1940; A ct of 1938. 11:39 a. m.] cates for the Employment of L earners Notice is hereby given that Special U nder the Fair L abor Standards Act Certificates authorizing the employment of 1938 of learners at hourly wages lower than Notice is hereby given that Special Cer­ DEPARTMENT OF COMMERCE. the minimum wage rate applicable under tificates authorizing the employment of section 6 of the Act are issued under learners at hourly wages lower than the Bureau of Marine Inspection and Section 14 thereof, Part 522 of the Regu­ minimum rate applicable under section 6 Navigation. lations issued thereunder (August 16, of the Act are issued under section 14 1940, 5 FR. 2862) and the Determina­ [Order No. 62] thereof and part 522.5B of the Regula­ tion and Order or Regulation listed be­ tions issued thereunder (August 16, 1940, P roposed R egulations G overning the low and published in the F ederal R eg­ 5 F. R. 2862) to the employers listed below T ransportation of Explosives or ister as here stated: effective November 13, 1940. O ther D angerous Articles and Sub­ Apparel Learner Regulations, Septem­ The employment of learners under stances, and Combustible L iquids, on ber 7, 1940, (5 F.R. 2591) these Certificates is limited to the terms B oard V essels Artificial Flowers and Feathers and conditions as designated opposite the NOTICE OF PUBLIC HEARING Learner Regulations, October 24, 1940, employer’s name. These Certificates are issued upon the employers representa­ N ovember 8, 1940. (5 F R . 4203) Glove Findings and Determination of tions that experienced workers for the A public hearing will be held in the February 20, 1940, as amended by Ad­ learner occupations are not available for Auditorium of the Commerce Building, ministrative Order of September 20,1940, employment and that they are actually in Washington, D. C., from December 9th (5 F R . 3748) need of learners at subminimum rates in to 14th, 1940, inclusive, for the purpose Hosiery Learner Regulations, Septem­ order to prevent curtailment of oppor­ of considering proposed regulations cov­ ber 4, 1940, (5 F R . 3530) tunities for employment. The Certifi­ ering the transportation of explosives or Independent Telephone Learner Reg­ cates may be cancelled in the manner other dangerous articles and substances, ulations, September 27, 1940, (5 F.R. provided for in the Regulations and as and combustible liquids, which have been 3829) indicated on the Certificate. Any person prepared and published pursuant to the aggrieved by the issuance of these Certifi­ authority conferred by the act of Octo­ 1 Filed as part of tbe original document, cates may seek a review or reconsidera­ ber 9, 1940, (Public 809, 76th Congress). a Issued by tbe Civil Aeronautics Board. tion thereof. FEDERAL REGISTER, Wednesday, November 13, 1940 4465

NAME AND ADDRESS OF FIRM, PRODUCT, NU M ­ and Order or Regulation for the industry Leather Sportwear, Inc., 315 Centre BER OF LEARNERS, LEARNING PERIOD, designated above and indicated opposite Street, Jamaica Plain, Massachusetts; LEARNER WAGE, LEARNER OCCUPATIONS, the employer’s name. These Certificates Apparel; Leather Coats; 4 learners (75% EXPIRATION DATE become effective November 13,1940. The of the applicable hourly minimum w age); The Blount Lumber Company, Lacona, Certificates may be cancelled in the November 13, 1941. New York; Miscellaneous; Bathinettes; manner provided in the Regulations and Charles H. Levy Company, Inc., 142 2 learners; 8 weeks for any one learner; as indicated in the Certificate. Any per­ Chartres Street, New Orleans, Louisiana; 25 cents per hour; Sewing Machine Op­ son aggrieved by the issuance of any of Apparel; Neckties; 5 learners (75% of the erator; January 22,1941. these Certificates may seek a review or applicable hourly minimum w age); No­ W. A. Hinkle Manufacturing Com­ reconsideration thereof. vember 13, 1941. pany, Clarksville, Texas; Miscellaneous; NAME AND ADDRESS OF FIRM, INDUSTRY, S. Liebovitz and Sons, Inc., Leola, Hardwood Lumber; 2 learners; 4 weeks PRODUCT, NUMBER OF LEARNERS, AND EX­ Pennsylvania; Apparel; Men’s Shirts; 5 for any one learner;. 25 cents per hour; PIRATION DATE learners (75% of the applicable hourly Sorter, Ash Squares; January 22, 1941. minimum w age); November 13, 1941. The Acheson Harden Company, Eighth Southern Mills, Inc., Senoia, Georgia; Mandell Handkerchief Company, 347 Street, Passaic, New Jersey; Apparel; Miscellaneous; Fibre Fabrics Woven Broadway, Passaic, New Jersey; Apparel; Handkerchiefs; 5 percent (75% of the from Twisted Paper; 21 learners; 6 weeks Handkerchiefs; 5 percent (75% of the applicable hourly minimum w age); No­ applicable hourly minimum w age); No­ for any one learner; 25 cents per hour; vember 13, 1941. Warper, Weaver, Slitter, Twister, Cop­ vember 13, 1941. Acme Pad Corporation, 516 W. Balti­ per, Repairer, Finisher; March 5, 1941. Nassau Brassiere Company, Inc., 205- more Street, Baltimore, Maryland; Ap­ 207 Lawrence Avenue, Inwood, Long Is­ Signed at Washington, D. C., this 12th parel; Shoulder Pads; 4 learners (75% land, New York; Apparel; Corsets, Bras­ day of November 1940. of the applicable hourly minimum w age); sieres, and Girdles; 5 learners (75% of M erle D. V in c e n t , November 13, 1941. the applicable hourly minimum wage); Authorized Representative Berkowitz Duck Garment Manufactur­ November 13, 1941. of the Administrator. ing Company, Porter & Swanson Streets, Nora Lee Lingerie Company, Inc., Philadelphia, Pennsylvania; Apparel; Church Street, Granville, New York; Ap­ [F. R. Doc. 40-4845; Filed, November 12, 1940; Coats, Aprons, Smocks, Pants; 3 learners 12:02 p. m.] parel; Silk and Rayon Night Gowns, Slips, (75% of the applicable hourly minimum and Panties; 5 learners (75% of the ap­ w age); November 13, 1941. plicable hourly minimum w age); Novem­ Carbondale Children’s Dress Company, ber 13, 1941. N otice of I ssuance of S pecial C e r t if i­ Seventh Avenue & Mill Street, Carbon- Novelty Frocks Company, St. Louis, cates for th e Em p l o y m e n t of L earn­ dale, Pennsylvania; Apparel; Children’s Missouri; Apparel; Dresses and the like; ers U nder th e F air L abor S tandards Dresses; 34 learners (75% of the appli­ 2 learners (75% of the applicable hourly A ct of 1938 cable hourly minimum w age); March 5, minimum w age); November 13, 1941. 1941. Notice is hereby given that Special Novick and Kahn, 31 W. 27 Street, Caroline Handkerchief Company, Inc., Certificates authorizing the employment New York, New York; Apparel; Corsets West End, North Carolina; Apparel; and Allied Garments; 3 learners (75% of of learners at hourly wages lower than Handkerchiefs; 4 learners (75% of the the minimum wage rate applicable under the applicable hourly minimum w age); applicable hourly minimum w age); No­ section 6 of the Act are issued under sec­ February 5, 1941. vember 13, 1941. Reade Manufacturing Company, Inc., tion 14 thereof, Part 522 of the Regula­ Century Overall Company, 3 N. Main tions issued thereunder (August 16, 1940, LaFollette, Tennessee; Apparel; Men’s Street, Sandwich, Illinois; Apparel; 5 F.R. 2862) and the Determination and Shirts; 5 percent (75% of the applicable Overalls and Work Pants; 4 learners hourly minimum wage); November 13, Order or Regulation listed below and (75% of the applicable hourly minimum published in the F ederal R egister as here 1941. w age); November 13, 1941. Rex Manufacturing Company, Inc., stated. Delaware Dress Manufacturing Com­ Apparel Learner Regulations, Septem­ pany, Easton, Pennsylvania; Apparel; 3725 Dauphine Street, New Orleans, Louisiana; Apparel; Work Shirts, Pants, ber 7, 1940 (5 F.R. 3591). Ladies’ Dresses; 5 learners (75% of the Artificial Flowers and Feathers Learn­ applicable hourly minimum w age); No­ and Uniforms; 25 learners (75% of the er Regulations, October 24, 1940 (5 F.R. vember 13, 1941. applicable hourly minimum w age); April 2, 1941. 4203). Elder Manufacturing Company, Dex­ Glove Findings and Determination of ter, Missouri; Apparel; Wash Pants; 30 Smart Fit Brassiere Company, Inc., 40- February 20, 1940, as amended by Ad­ learners (75% of the applicable hourly 42 W. 17th Street, New York, New York; ministrative Order of September 20, 1940 minimum w age); March 12, 1941. Apparel; Corsets and allied garments; 2 (5 F.R. 3748). Ely and Walker Shirt Plant, Kennett, learners (75% of the applicable hourly Hosiery Learner Regulations, Septem­ Missouri; Apparel; Men’s and Boys’ minimum wage); February 5, 1941. ber 4, 1940 (5 F.R. 3530). Shirts; 5 percent (75% of the applicable Spring Mount Clothing Factory, Spring Independent Telephone Learner Regu­ hourly minimum w age); November 13, Mount, Pennsylvania; Apparel; Sack lations, September 27,1940 (5 F.R. 3829). 1941. Coats and Overcoats; 5 learners (75% of Knitted Wear Learner Regulations, Glix Brand Company, Inc., Brown & the applicable hourly minimum w age); October 10, 1940 (5 F.R. 3982). Kellogg Streets, Pittsfield, Massachusetts; November 13, 1941. Millinery Learner Regulations, Cus­ Apparel; Ladies’ and Children’s Pajamas; S. E. Stein, Hebron, Maryland; Ap­ tom Made and Popular Priced, August 20 learners (75% of the applicable hourly parel; Men’s Cotton Dress Shirts; 5 learn­ 29, 1940 (5 F.R. 3392, 3393). minimum w age); May 7,1941. ers (75% of the applicable hourly mini­ Textile Determination and Order, No­ Heather Handkerchief Works, Inc., mum w age); November 13,1941. vember 8,1939 (4 F.R. 4531), as amended, 102-8 Cambridge Avenue, Jersey City, Stein-Shwartz, Incorporated; 314-320 April 27, 1940 (5 F.R. 1586). New Jersey; Apparel; Handkerchiefs; 5 N. 13th Street, Philadelphia, Pennsyl­ Woolen Learner Regulations, October percent (75% of the applicable hourly vania; Apparel; Washable Service Wear— 30, 1940 (5 F.R. 4302). minimum w age); November 13,1941. Duck Garments; 5 learners (75% of the The employment of learners under Klever Klad Frocks, Inc., Chestnut applicable hourly minimum w age); No­ these Certificates is limited to the terms Street, Coatesville, Pennsylvania; Ap­ vember 13, 1941. and conditions as to the occupations, parel; Dresses; 5 percent (75% of the Thomas G. Stockham Company, Inc., learning periods, minimum wage rates, applicable hourly minimum w age); No­ 35 Eighth Street, Passaic, New Jersey; et cetera, specified in the Determination vember 13, 1941. Apparel; Handkerchiefs; 5 learners (75% No. 221----- 4 4466 FEDERAL REGISTER, Wednesday, Novem ber 13,1940 of the applicable hourly minimum w age); Republic Hosiery Mills, Inc., 281 Silk Throwing; 3 learners; November 13 November 13, 1941. Piquette Avenue, Detroit, Michigan; 1941. Sumneytown Clothing Factory, Sum- Hosiery; Seamless; 5 learners; November Signed at Washington, D. C., this 12th neytown, Pennsylvania; Apparel; Trou­ 13, 1941. day of November 1940. sers; 5 learners (75% of the applicable Sterling Hosiery Mills, Inc., Spindale, M erle D. V in c e n t , hourly minimum w age); November 13, North Carolina; Hosiery; Full-Fash­ Authorized Representative 1941. ioned; 5 learners; November 13, 1941. Wear Well Garment Company, First Weiser Hosiery Company, Sixth and of the Administrator. North Street, New Ulm, Minnesota; Ap­ Furnace Streets, Emmaus, Pennsylvania; [F. R. Doc. 40-4846; Filed, November 12,1940; parel; Good Trousers, Cheap Trousers; Hosiery; Full-Fashioned; 5 learners; 12:02 p. m.] 15 learners (75% of the applicable hourly November 13, 1941. minimum w age); March 12, 1941. Fuld & Hatch Knitting Company, Mill Apex Hosiery Company, Inc., Fifth and No. 2, Remsen Street, Cohoes, New York; FEDERAL COMMUNICATIONS COM­ Luzerne Streets, Philadelphia, Pennsyl­ Knitted Wear; Knitted Underwear; 10 MISSION. vania; Hosiery; Full-Fashioned; 5 per­ learners; March 12, 1941. cent; November 13, 1941. Waynesboro Knitting Company, 312 W. [Docket No. 5923] Charles N. Bacon Company, Lenoir 2nd Street, Waynesboro, Pennsylvania; A pplic a tio n of R oberts-M acN ab Co., City, Tennessee; Hosiery; Seamless; 17 Knitted Wear; Knitted Underwear; 5 (A. L. R oberts, R. B. M acN ab and A. J. learners; November 13, 1941. percent; November 13, 1941. B reitbach, G e n . M gr.) Assignor Bisher Mill, Denton, North Carolina; Winona Bedspread Company, Winona, (KRMC) Mississippi; Textile; Bedspreads and Ilosiery; Seamless; 5 learners; November notice of hearing 13, 1941. Mats; 40 learners; March 12, 1941. Winona Bedspread Company, Winona, Application dated March 6, 1940; for Brown Brothers Hosiery Mills, 1208 voluntary assignment of license to Second Street, Hickory, North Carolina; Mississippi; Textile; Bedspreads and Mats; 5 learners; November 13, 1941. Jamestown Broadcasting Co., Inc., as­ Hosiery; Seamless; 10 learners; July 12, signee; class of service, broadcast; class 1941. Freeman Spread Company, 441 Rail­ road Street, Dalton, Georgia; Textile; of station, broadcast; location, James­ Brown Brothers Hosiery Mills, 1208 Chenille Bedspreads; 5 learners; Novem­ town, North Dakota; present assignment: Second Street, Hickory, North Carolina; ber 13, 1941. Frequency, 1370 kc.; power, 250 w. night, Hosiery; Seamless; 5 percent; November Bear Brand Hosiery Company, West 250 w. day; hours of operation, unlim­ 13, 1941. Avenue and Hickory Street, Kankakee, ited. Crescent Hosiery Mills, Niota, Tennes­ Illinois; Textile; Cotton Yarn; 3 percent; You are hereby notified that the Com­ see; Hosiery; Seamless; 5 percent; No­ November 13, 1941. mission has examined the above described vember 13, 1941. Bonita Ribbon Mills, Brewton, Ala­ application and has designated the mat­ Dexdale Hosiery Mills, West Main bama; Textile; Ribbons; 3 percent; No­ ter for hearing for the following reasons: Street, Lansdale, Pennsylvania; Hosiery; vember 13, 1941. Full-Fashioned; 5 percent; November 13, 1. To determine the good faith of the Cedartown Textiles, Inc., Lafayette 1941. applicant in Street, Cedartown, Georgia; Textile; Dobson Hosiery Mills, Pulaski, Vir­ Cotton Warp Worsted and Cotton Warp (a) Stating in its application of March ginia; Hosiery; Seamless; 5 percent; No­ Woolen Men’s Wear; 3 percent; Novem­ 6, 1940, that it then had cash assets of vember 13, 1941. ber 13, 1941. $8,800; Elliott Knitting Mills, Inc., Catawba, Dixie Mercerizing Company, Lupton (b) Stating in an affidavit of June 11, North Carolina; Hosiery; Seamless; 13 City, Tennessee; Textile; Processing 1940, that certain notes payable to James­ learners; July 13, 1941. Yarn; 3 percent; November 13, 1941. town Broadcasting Company were then Elliott Knitting Mills, Inc., Catawba, Galax Weaving Company, Galax, Vir­ held in escrow by the National Bank of North Carolina; Hosiery; Seamless; 5 ginia; Textile; Yarns; 3 percent; Novem­ Jamestown, Jamestown, North Dakota. percent; November 13, 1941. ber 13, 1941. 2. To determine upon what dates and Elliott Knitting Mills, Inc., Hickory, Modern Throwing Company, Fifth and under what circumstances notes were North Carolina; Hosiery; Seamless; 5 Williams Streets, Bethlehem, Pennsyl­ given to the Jamestown Broadcasting percent; November 13, 1941. vania; Textile; Silk and Rayon; 3 per­ Company as consideration for shares of Hugh Grey Hosiery Company, Con­ cent; November 13, 1941. stock, and to determine what provision cord, North Carolina; Hosiery; Full- Modern Throwing Company, Bridge & has been made for the payment thereof. Fashioned; 5 percent; November 13,1941. Goepp Streets, Bethlehem, Pennsylvania; The application involved herein will James Kane, Clay and Kossuth Streets, Textile; Silk and Rayon; 3 percent; No­ not be granted by the Commission unless Riverside, New Jersey; Hosiery; Full- vember 13, 1941. the issues listed above are determined in Fashioned; 5 learners; November 13, Rocky Mount Cord Company, Gay favor of the applicant on the basis of a 1941. Street, Rocky Mount, North Carolina; record duly and properly made by means Liberty Hosiery Mills, Inc., Liberty, Textile; Braid, Cordage, Rope; 3 learn­ of a formal hearing. North Carolina; Hosiery; Full-Fash­ ers; November 13, 1941. The applicant is hereby given the ioned; 31 learners; July 12, 1941. Trenton Mills, Inc., Trenton, Tennes­ opportunity to obtain a hearing on such Liberty Hosiery Mills, Inc., Liberty, see; Textile; Cotton; 3 percent; Novem­ issues by filing a written appearance in North Carolina; Hosiery; Full-Fash­ ber 13, 1941. accordance with the provisions of § 1.382 ioned; 5 percent; November 13, 1941. Valdese Weaving Company, Valdese, (b) of the Commission’s Rules of Prac­ Mock, Judson, Voehringer Company, North Carolina; Textile; Cotton and tice and Procedure. Persons other than Corner Howard & Hiatt Streets, Greens­ Rayon; 3 learners; November 13, 1941. the applicant who desire to be heard boro, North Carolina; Hosiery; Full- Warren Featherbone Company, Three must file a petition to intervene in Fashioned; 5 percent; November 13,1941. Oaks, Michigan; Textile; Cotton, Silk, accordance with the provisions of § 1.102 Mountcastle Knitting Company, S. and Rayon Braids, Tapes, and Ribbons; of the Commission’s Rules of Practice Salisbury Street, Lexington, North Caro­ 3 percent; November 13, 1941. and Procedure. lina; Hosiery; Seamless; 5 learners; American Throwing Company, Solo­ The applicants’ addresses are as fol­ November 13, 1941. mon Street, Griffin, Georgia; Textile; lows: FEDERAL REGISTER, Wednesday, November 13, 1940 4467

Roberts-MacNab Company (A. L. The Social Security Board having con­ November 8, 1940 in order to facilitate Roberts, R. B. MacNab and A. J. sidered the provisions of said law to de­ the completion of the transaction as at Breitbach, Gen. M gr.), Radio Sta­ termine whether or not reduced rates of October 31, 1940; and tion KRMC, 302 East First Street, contributions are allowable thereunder This Commission deeming it appropri­ Jamestown, North Dakota. under conditions fulfilling the require­ ate in the public interest and in the in­ Jamestown Broadcasting Company, ments of section 1602 of the Internal terest of investors and consumers to Inc., Gladstone Hotel, Attention: Revenue Code; approve the application, as amended, A. J. Brietbach, Jamestown, North The Board hereby finds that: pursuant, to Rule U-12F-1 promulgated Dakota. (1) Said law provides for a pooled under the Act and finding with respect thereto that the terms and conditions of Dated at Washington, D. C., November fund as defined in section 1602 (c) (2) of the Internal Revenue Code; and the sale of the assets by Lakeside are not 8, 1940. detrimental to the public interest or the By the Commission. (2) Reduced rates of contributions under said law to such pooled fund are interest of investors or consumers, and [ seal] , T. J. Sl o w ie , allowable only in acordance with the will not tend to circumvent the provisions Secretary. provisions of section 1602 (a) ( 1) of the of the Act or any rules, regulations or [P. R. Doc. 40-4834; Piled, November 12, 1940; Internal Revenue Code. orders of this Commission thereunder; 11:11 a. m.] and Pursuant to the provisions of section This Commission being satisfied that 1602 (b) (3) of the Internal Revenue the effective date of the application, as Code, the Board hereby directs that the amended, should be advanced; foregoing findings be certified to the FEDERAL POWER COMMISSION. It is hereby ordered, Pursuant to said Division of Unemployment Compensa­ Rule U-8 and the applicable provisions [Docket No. IT-5649] tion and Placement in the Department of the Act, that the aforesaid application, I n the M atter of P uget Sound P ower of Labor of the State of Oklahoma. as amended, be and the same is hereby & L ig h t C o m p a n y [ seal] So cial S e c u r ity B oard, approved forthwith; subject, however, to A. J. A lt m e y e r , the terms and conditons prescribed in order po stpo n in g hearing Chairman. Rule U-9 promulgated under the Act N ovember 8, 1940. N ovember 5, 1940. and to the condition that said party fur­ nish this Commission, not later than Commissioners: Leland Olds, Chair­ Approved, November 30, 1940, a statement showing man, Claude L. Draper, Basil Manly and W a y n e C o y , the effect of the acquisition of the prop­ Clyde L. Seavey. John W. Scott not par­ Acting Administrator. erties of Lakeside Light and Power Com­ ticipating. [P. R. Doc. 40—4816; Piled, November 9, 1940; pany by Union Electric Company of Mis­ It appearing to the Commission that: 11:13 a. m.] souri, together with adjusting entries, as Good and sufficient reason has been at October 31,1940. presented by Puget Sound Power & Light By the Commission. Company for the postponement of the SECURITIES AND EXCHANGE COM­ [ seal] F rancis P. B rassor, hearing in this proceeding heretofore MISSION. Secretary. set by order of September 24, 1940, for [Pile No. 70-147] [P. R. Doc. 40-4817; Filed, November 9, 1940; November 12, 1940; 11: 23 a. m.] I n th e M atter of L akeside L ig h t and The Commission orders that: P o w er C o m p a n y

The hearing in this proceeding hereto­ ORDER APPROVING APPLICATION [File No. 70-166] fore set by order of September 24, 1940, At a regular session of the Securities I n th e M atter of W is c o n s in P u b lic to commence on November 12, 1940, be and Exchange Commission held at its Service Corporation and it is hereby postponed until Novem­ office in the City of Washington, D. C., ber 25, 1940, at 10 a. m., in the Hearing ORDER GRANTING APPLICATION on the 8th day of November, A. D., 1940. Room of the Federal Power Commission, The above named party, a direct sub­ At a regular session of the Securities 1757 K Street, Northwest, Washington, sidiary of Union Electric Company of and Exchange Commission, held at its D. C. Missouri and an indirect subsidiary of office in the City of Washington, D. C., By the Commission. The North American Company, both reg­ on the 9th day of November, A. D. 1940. [ seal] L eon M . F u q u ay, istered holding companies, having filed Wisconsin Public Service Corporation, Secretary. an application, pursuant to Rule U-12F-1 a subsidiary of Standard Power and Light promulgated under the Public Utility Corporation and of Standard Gas and ÍF. R. Doc. 40-4815; Filed, November 9, 1940; Electric Company, both registered hold­ 9:54 a. m.] Holding Company Act of 1935, seeking approval of this Commission of the sale ing companies, having filed an applica­ by said party to Union Electric Company tion pursuant to section 10 of the Public of Missouri of all of said party’s property Utility Holding Company Act of 1935 re­ FEDERAL SECURITY AGENCY. in payment pro tanto of the indebtedness questing approval of its immediate acqui­ owing by said party to Union Electric sition of 1,185 shares of the Class B stock Social Security Board. Company of Missouri; and of Wisconsin Valley Improvement Com­ The application having been filed on pany of a par value of $10.00 each, the Certification to th e D iv is io n of U n e m ­ August 28, 1940 and two amendments consideration for the issuance of which p l o y m e n t C ompensation and P lace­ thereto having been filed on September is certain toll payments heretofore made m en t in th e D epartm ent of L abor of 19, 1940 and November 5, 1940, and no­ by applicant to the issuer, and with re­ the S tate of O klah o m a tice of said filing having been duly given spect to its acquisition for cash semi­ The Division of Unemployment Com­ in the form and manner prescribed by annually on or about June 30th, and De­ pensation and Placement in the Depart­ Rule U-8 promulgated under the Act, cember 31st of each year, commencing ment of Labor of the State of Oklahoma and this Commission not having received December 31, 1940 to and including June having duly submitted to the Social Se­ a request for a hearing with respect to 30, 1964 of approximately 294 shares of curity Board, pursuant to the provisions the application within the period pre­ said stock or a maximum of 15,000 of section 1602 (b) (3) of the Internal scribed in said notice, or otherwise, and shares; and Revenue Code, as amended, the Okla­ not having ordered a hearing thereon; Said application having been filed on homa unemployment compensation law; and said party having requested that the October 1, 1940; and an amendment and application, as amended, be approved by thereto having been filed on November 8, 4468 FEDERAL REGISTER, Wednesday, Novem ber 13,1940

1940; and notice of such filing having [File No. 70-190] Said declaration having been filed on been duly given in the form and manner I n the M atter of L o uisiana I ce & Elec­ October 28, 1940, and an amendment prescribed by Rule U-8 promulgated pur­ tric C o m p a n y , I n c . thereto having been filed on November 2, suant to said Act, and the Commission 1940, and notice of said filing having been not having received a request for a hear­ ORDER PERMITTING DECLARATION TO BECOME duly given in the form and manner pre­ ing with respect to said application with­ EFFECTIVE scribed by Rule U-8 promulgated pursu­ in the period specified in said notice, or ant to said Act, and the Commission not otherwise, and not having ordered a At a regular session of the Securities having received a request for a hearing hearing thereon; and the applicant hav­ and Exchange Commission, held at its with respect to said declaration within ing requested that the Commission grant office in the City of Washington, D. C., the period specified in said notice, or said application as soon as possible; and on the 9th day of November, A. D. 1940. otherwise, and not having ordered a hear­ The Commission deeming it appro­ The above-named person having filed ing thereon; and priate in the public interest and in the a declaration pursuant to the Public Util­ The above named party having re­ interest of investors and consumers and ity Holding Company Act of 1935, and quested that said » declaration, as finding with respect to said application particularly Section 7 thereof, regarding amended, become effective on or before under section 10 of said Act that no ad­ the proposal of Louisiana Ice & Electric November 12, 1940; and verse findings are necessary under sec­ Company, Inc. to make an extension of The Commission finding with respect tion 10 (b) or section 10 (c) ( 1) of said that certain Serial Collateral Note due to the declaration under Section 7 of Act and that the transaction involved has December 30, 1940, in the principal said Act that the requirements of Section the tendency required by section 10 (c) amount of $69,000, which Note is now 7 (c) thereof are satisfied and that no (2) of said Act and further finding that owned by the City National Bank and adverse findings are necessary under Sec­ the date of granting said application Trust Company of Chicago, for an addi­ tion 7 (d) thereof, and being satisfied should be advanced; tional term of four years, making the ma­ that the effective date of such declara­ It is hereby ordered, Pursuant to Rule turity thereof December 30, 1944, which tion, as amended, should be advanced; U-8 and the applicable provisions of said extended Note is to bear interest during It is hereby ordered, Pursuant to said Act,1 and subject to the terms and con­ such extended period at the rate of 4% Rule U-8 and the applicable provisions ditions prescribed in Rule U-9 promul­ per annum (instead of the present rate of said Act subject to the terms and con­ gated under said Act, that said applica­ of 3V2% per annum) and to be subject ditions prescribed in Rule U-9 that the tion pursuant to section 10 of said Act to repayment on the first day of any aforesaid declaration, as amended, be and be and the same is hereby granted forth­ calendar month upon thirty days’ written hereby is permitted to become effective with. notice, the principal amount thereof forthwith. By the Commission. without premium, and also regarding the proposal of Louisiana Ice & Electric Com­ By the Commission, Commissioner [ seal] F rancis P. B rassor, Healy dissenting in the action with re­ Secretary. pany, Inc. to borrow $50,000 from the City National Bank & Trust Company of spect to the declaration filed pursuant Commissioner Healy dissenting for the Chicago in January, 1941, on its Note to Section 7 for the reasons set forth in reason stated in his memorandum of bearing interest at the rate of 3 %> % per his memorandum of April 1, 1940. April 1, 1940. annum, which proposed bank loan will [ seal! F rancis P. B rassor, [F. R. Doc. 40-4835; Filed, November 12, 1940; have a term of approximately five months Secretary. 11:23 a. m.] and which will be repaid in June, 1941; [F. R. Doc. 40-4836; Filed, November 12, 1940; 1 Section 9 (c) (3)« and 11:23 a. m.]