\ * Onltlo ^ Regulations

FEDERAL GISTER VOLUME 7 \ 1934 ^ NUMBER 100 * ONlTlO ^

Washington, Friday, M ay 22, 1942

Regulations power equivalent to the purchasing CONTENTS power of such milk, as determined pur­ suant to sections 2 and 8 (e) (50 Stat. REGULATIONS TITLE 7—AGRICULTURE 246; 7 U. S. C., 1940 ed. 602, 608e), are not reasonable in view of the price of A gricultural M a r k e t in g A d m i n i s ­ t r a t i o n : Page Chapter IX —Agricultural Marketing feeds, the available supplies of feeds, and Milk marketing orders amended: Administration other economic conditions which affect Louisville, K y ______3801 [0-35-3] the market supply of and demand for Omaha-Council Bluffs, Nebr.- P ar t 935— M i l k i n t h e O m a h a -C o tjncil such milk, and that the minimum prices Iowa______3799 B l u f f s M a r k e t in g A rea set forth in this amendment to the order B i t u m i n o u s C o a l D i v i s i o n : are such prices as will reflect the afore­ AMENDMENT NO. 3 TO THE ORDER REGULAT­ Peerless Coal & Coke Co., relief said factors, insure a sufficient quantity ING THE HANDLING OF MILK IN THE granted______;______3805 of pure and wholesome milk, and be in OMAHA-COUNCIL BLUFFS MARKETING AREA 1 C i v i l A e r o n a u t ic s B o a r d : the public interest; and that the fixing The Secretary of Agriculture of the United Air Lines, waiver of of such prices does not have for its pur­ demonstration requ ire- United States of America, pursuant to pose the maintenance of prices to pro­ ment______3803 the powers conferred upon the Secretary ducers above the levels which are de­ by Public Act No. 10, 73d Congress, as clared in the act to be the policy of F ed er al C ommunications C o m ­ m i s s i o n : amended and as reenacted and amended Congress to establish; Temporary limited radiotele­ by the Agricultural Marketing Agree­ 2. That the order, as amended by this graph second-class operator ment Act of 1937, as amended, issued on amendment, regulates the handling of March 31, 1939, effective as of April 5, milk in the same manner as and is ap­ licenses______3830 1939, the order regulating the handling plicable only to handlers defined in a F e d er al T rade C o m m i s s i o n : of milk in the Omaha-Council Bluffs marketing agreement, as amended, upon MacDonald, James, Ltd., et al., marketing area; issued on February 27, which a hearing has been held; and cease and desist order_____ 3803 1941, effective as of March 2, 1941, O f f ic e o f P r ic e A dministration : 3. That the issuance of this amend­ Amendment No. 1 to, said order; and Bolts, nuts, screws and rivets; ment to the order and all of the terms issued on October 1, 1941, effective as of price regulations______3808 and conditions of the order, as so October 2, 1941, Amendment No. 2 to Cotton products, price regula­ amended, tend to effectuate the declared said order. tion amended______3824 policy of the act. There being reason to believe that Dressed hogs and wholesale pork amendment of said Order would tend to It is hereby ordered that the order cuts, maximum price regu­ effectuate the declared policy of the act, regulating the handling of milk in the lation______3821 Omaha-Council Bluffs, marketing area notice was given on the 17th day of Export prices, amendment_____ 3824 shall be, and it is hereby, amended as February 1942 of a hearing which was Fats and oils, maximum prices. 3821 follows: held on February 25, 1942, at Omaha, Iron castings, gray; authoriza­ Nebraska, at which time and place all 1. Delete § 935.4 and substitute there­ tion under general maxi­ interested parties were afforded an op­ for the following: mum price regulation_____ 3829 portunity to be heard on proposed § 935.4 Minimum prices— (a) Class Lead scrap materials, enforce­ amendments to said order. prices. Each handler shall pay, at the ment of price schedule_____ 3823 The requirements of section 8c (9) of time and in the manner set forth in Machine tools, maximum prices the act have been complied with. § 935.8, not less than the following prices for Gould and Eberhardt__ 3820 It is found, upon the evidence intro­ for milk received at such handler’s plant Radio receivers, phonographs, duced at said hearing on proposed including the milk of producers which a and parts, price schedules amendments, said findings being in ad­ cooperative association caused to be de­ amended (2 documents)___ 3820, dition to the findings made upon the evi­ livered to a plant from which no milk 3821 dence introduced at all prior hearings was disposed of in the marketing area: Rayon waste, price schedule on the order and amendments thereto (which findings are hereby ratified and (1) Class I milk— $2.75 per hundred­ amended______3829 affirmed, save only as such findings are weight during delivery periods prior to Tire ra tio n in g regulations, in conflict with findings hereinafter set May 1,1943, and $2.25 per hundredweight transfers______3830 fo rth ): during delivery periods thereafter: Pro­ Wool waste materials, price vided, That with respect to Class I milk regulation amended______3829 § 935.0 Findings. 1. That the prices disposed of by a handler under a pro­ calculated to give milk produced for sale Zinc scrap materials and sec­ gram approved by the Secretary for ondary slab zinc, price in the marketing area a purchasing the sale or disposition of milk to low- schedule amended______3820 income consumers, including persons on 1 See also Department of Agriculture, infra. relief, the price shall be $2.28 per hun- (Continued on next page) 3799 FEDERAL REGISTER, , 3800 Friday May 22, 1942 CONTENTS— Continued ket administrator shall exclude from the computations made pursuant to § 935.7 O f f ic e o f D e f e n s e T r a n s p o r t a ­ the quantity of milk disposed of by such t i o n : Page handler. FEDEHALlfREGISTER Des Moines Railway Co., substi­ (2) In the case of a handler who is \ IS 3 « ¿ r tution of trolley service----- 3837 'OX/ITfO ^ also a producer and who purchases or O f f ic e o f P r ic e A dministration : receives milk from other producers, the Mohawk Carpet Mills, Inc., market administrator shall, before mak­ prices for new fabrics------3837 ing the computations pursuant to § 935.7, Moore & Crago, adjustment (i) exclude from the total pounds of milk Published daily, except Sundays, Mondays, granted______3838 in each class the total pounds of milk and days following legal holidays by the S e c u r it ie s a n d E x c h a n g e C o m m i s ­ which were purchased or received in the Division of the Federal Register, The National s i o n : respective classes from other handlers Archives, pursuant to the authority con­ Ettlinger, A. K., Co., registra­ and (ii) exclude pro rata from the re­ tained in the Federal Register Act, approved tion revoked______3838 maining pounds of milk in each class the July 26, 1935 (49 Stat. 500), under regula­ total pounds of milk received from such tions prescribed by the Administrative Com­ Hearings reconvened: handler’s own farm production. mittee, approved by the President. Lone Star Gas Corp— ------3838 The Administrative Committee consists of Northwest Cities Gas Co., (b) Purchases of milk from a handler the Archivist or Acting Archivist, an officer bondholders’ committee— 3838 who is also a producer. In the case of a of the Department of Justice designated by handler who purchases or receives milk W age a n d H o u r D i v i s i o n : the Attorney General, and the Public Printer Order dissolving certain indus­ in bulk from a handler who is also a or Acting Public Printer. try committees------3836 producer, the market administrator, in The daily issue of the Federal Register making the computations pursuant to W ar D e p a r t m e n t : will be furnished by mail to subscribers, free § 935.7 for such purchasing handler, shall of postage, for $1.25 per month or $12.50 per Eastern Military Area, designa­ add an amount equal to the difference year, payable in advance. Remit money or­ tion and establishment----- 3830 between the value of such milk (1) at the der payable to the Superintendent of Docu­ Western Military Area, exclu­ price for the class in which such milk was ments directly to the Government Printing sion of persons of Japanese Office, Washington, D. C. The charge for ancestry (5 documents) — 3831- classified, and (2) at the price for Class single copies (minimum, lOtf) varies in pro­ 3833 II I milk. portion to the size of the issue. (c) Payment for excess butterfat. In the case of a handler who disposes of dredweight during delivery periods to butterfat in excess of the butterfat which, May 1, 1943, and $1.80 per hundred­ on the basis of his records, has been re­ CONTENTS—Continued weight during delivery periods there- ceived, the market administrator, in making the computations pursuant to Eif ter. S e c u r it ie s a n d E x c h a n g e C o m m i s ­ (2) Class I I milk— $2.40 per hundred­ § 935.7, shall add an amount equal to the value of such butterfat (or 3.8 percent s i o n : Page weight during delivery periods prior to milk equivalent) in accordance with its Fraud in connection with pur­ May 1, 1943, and $1.90 per hundred­ chase or sale of securities— 3804 weight during delivery periods there­ classification. S e l e c t iv e S e r v ic e S y s t e m : after: Provided, That in no event shall 3. Delete paragraph (a) of § 935.7 and Camps for conscientious ob­ the Class II price be less than the Class substitute therefor the following: jectors, establishment: I I I price plus 20 cents per hundredweight. (a) Computation of the amount to be Cole ville, Calif------3806 (3) Class I I I milk— For each delivery paid producers by each handler. For North Fork, Calif------3805 period a price per hundredweight which each delivery period the market admin­ Santa Barbara, Calif— ------3806 shall be calculated by the market admin­ istrator shall compute, subject to the W ar D e p a r t m e n t : istrator as follows: multiply by 3.8 the provisions of § 935.6, the amount to be Medical students, commissions. 3803 average price per pound of 92-score but­ paid producers by each handler for milk ter at wholesale in the Chicago market, received from them including the milk W ar P r o d u c t io n B o a r d : as reported by the United States Depart­ of producers which a cooperative associa­ Burlap and burlap products, con­ ment of Agriculture, for the delivery pe­ servation order corrected— 3807 tion caused to be delivered to a plant riod during which such milk is received, from which no milk is disposed of in the Fire protective equipment, lim i­ plus or minus 0.95 cent per hundred­ marketing area by (1) multiplying the tation order amended------3807 weight for each 1 cent that such average hundredweight of such milk in each class Glass container and closure sim­ price of butter is above or below 20 cents, by the price applicable pursuant to plification, distilled spirits; add 21 cents, and add a figure determined § 935.4, (2) adding together the resulting correction______3808 as follows: add 3 cents per hundredweight values of each class, and (3) adding any Oil industry material conserva­ for each full one-half cent that the price amounts pursuant to §935.6 (b) and tion, areas to which deliv­ of dry skim milk for human consumption, § 935.6 (c ). eries permitted (2 docu­ delivered at Chicago, is above 7 cents per 4. Delete paragraph (b) of § 935.7. m ents)______-— 3806 pound. For purposes of determining the 5. Delete in subparagraph (1) of Passenger carriers, limitation above computation, the price per pound § 935.7 (c) the phrase “paragraphs (a) order______3806 of dry skim milk to be used shall be the and (b) ” and substitute therefor the fol­ Rhodium, interpretation of con­ average of the carlot prices for dry skim lowing: “paragraph (a).” servation order------3807 milk for human consumption delivered 6. Redesignate paragraph “(c)” of NOTICES at Chicago, as published by the United § 935.7 as paragraph “ (b ).” States Department of Agriculture during 7. Delete in paragraph (a) of § 935.8 A gricultural M a r k e t in g A d m i n i s - the delivery period, including in such the phrase “ § 935.7 (c) ” and substitute t r a t i o n : average the quotations published for any therefor the following: “ § 935.7 (b).” Milk marketing determinations: fractional part of the preceding delivery Louisville, K y ------3836 period which were not published and (48 Stat. 31, 670, 675, 49 Stat. 750, 50 Stat. Omaha-Council Bluffs, Nebr.- available for the price determination of 246; 7 U.S.C. and Sup. 601 et seq.) Iowa______3836 such dry skim milk for the previous de­ Issued at Washington, D. C., this 20th B i t u m i n o u s C o a l D i v i s i o n : livery period. day of May 1942, to be effective on and Hearings etc.: after the 1st day of June 1942. Witness 2. Delete § 935.6 and substitute there­ Bowling, O. M., Coal Co------3834 my hand and the official seal of the De­ Delta Mine, District 10------3834 for the following: partment of Agriculture. Hudson Fuel Co------3833 § 935.6 Application of provisions— (a) [ s e a l ] C l a u d e R. W ic k a r d , Sheesley Coal Co------3833 Handlers who are also producers. (1) Secretary of Agriculture. G e n e r a l L a n d O f f i c e : In the case of a handler who is also a Alaska, correction of air naviga­ producer and who purchases or receives [F. R. Doc. 42-4678; Filed, May 21, 1942; 11:12 a. m .] tion site withdrawal------3835 no milk from other producers, the mar­ FEDERAL REGISTER, Friday, May 22, 1942 3801 [0-46 (Amendment No. 2)] 2. That the order, as amended by dler but who distributes milk or manu­ P ar t 946—M i l k i n t h e L o u i s v i l l e , K e n ­ this amendment, regulates the handling factures milk products shall be Class I t u c k y , M a r k e t in g A rea of milk in the same manner as and is milk, and cream so disposed of shall applicable only to handlers defined in be Class n milk: Provided, That AMENDMENT NO. 2, TO THE ORDER, REGULAT­ a marketing agreement, as amended, if the selling handler and the purchaser, ING THE HANDLING OF MILK IN THE upon which a hearing has been held; on or before the 5th day after the end LOUISVILLE, KENTUCKY, MARKETING AREA 1 and of the delivery period, each furnish to The Secretary of Agriculture of the 3. That the issuance of this amend­ the market administrator similar signed United States of America, pursuant to ment to the order, and all of the terms statements that such milk or cream was the powers conferred upon the Secretary and conditions of the order, as so disposed of in another class, such milk or by Public Act No. 10, 73d Congress, as amended, tend to effectuate the declared cream shall be classified accordingly, amended and as reenacted and amended policy of the act. subject to verification by the market by the Agricultural Marketing Agree­ It is hereby ordered that the order administrator. ment Act of 1937, as amended, issued, on regulating the handling of milk in the Milk and skimmed milk disposed of March 29, 1940, and made effective as of Louisville, Kentucky, marketing area, from a handler’s plant to soda fountains, April 1, 1940, the order regulating the shall be, and it is hereby amended as bakeries, restaurants, and other retail handling of milk in the Louisville, Ken­ follows: food establishments which dispose of tucky, marketing area. , 1. Delete § 946.3 and substitute there­ milk for both fluid and other uses shall There being reason to believe that for the following: be Class I milk. Cream disposed of from amendment of said order would tend to a handler’s plant to soda fountains, bak­ effectuate the declared policy of the act, § 846.3 Classification of milk— (a) eries, restaurants, and other retail food a notice was given on the 2d day of May Milk to be classified. Milk of a producer establishments which dispose of cream 1941, of a hearing which was held on caused to be delivered by a cooperative for both fluid and other uses shall be May 8, 1941, at Louisville, Kentucky; association which is a handler to a plant Class n milk: Provided, That cream dis­ at which time and place all interested from which no milk is disposed of in the posed of in bulk from a handler’s plant parties were afforded an opportunity to marketing area and all milk received to any such establishment which, under be heard on proposed amendments to said by each handler, including milk produced the applicable health regulations, is per­ order, as amended, and thereafter by him, if any, at plants from which mitted to receive cream other than of Amendment No. 1 was issued, effective milk is disposed of in the marketing Grade A quality for nonfluid purposes August 1, 1941. area, shall be classified by the market shall be classified according to its ulti­ There being reason to believe that fur­ administrator in the classes set forth mate use or disposition by such estab­ ther amendment of said order would tend in paragraph (b) of this section, sub­ lishment, subject to verification by the to effectuate the declared policy of the ject to the provisions of paragraphs (c ), market administrator. act, notice was given on the 8th day of (d ), and (e) of this section. In the clas­ sification of milk as required in para­ (d) Computation of milk in each class. November 1941, of a hearing, which was For each delivery period the market ad­ held on November 18, 1941, at Louisville, graph (b) of this section, the responsi­ bility of each handler shall be as follows: ministrator shall compute the amount of Kentucky; and on the 19th day of Feb­ milk in each class, as defined in para­ ruary 1942, notice was given of a re­ (1) In establishing the classification graph (b) of this section, as follows: opening of said hearing, which reopened of any milk received by a handler, the (1) Determine the total pounds of milk hearing was held on February 26, 1942, burden rests upon the handler to account (i) received from producers, including the at Louisville, Kentucky; at which times for the milk and to prove to the market handler’s own production; (ii) produced and place all interested parties were af­ administrator that such milk should not by him, if any; (iii) received from other forded an opportunity to be heard on be classified as Class I milk. handlers, if any; (iv) received from other proposed amendments to said order. (2) With respect to milk, or skimmed sources, if any; (v) received as emergency The requirements of section 8c (9) of milk, disposed of to another handler, the milk, if any; and (vi) add together the the act have been complied with. burden rests upon the handler who first resulting amounts. It is found, upon the evidence intro­ received the milk to account for the milk, (2) Determine the total pounds of duced at said latter hearing on proposed or skimmed milk, and to prove to the butterfat received as follows: (i) multi­ amendments, said findings being in addi­ market administrator that such milk, ply the weight of the milk received from tion to the findings made upon the evi­ or skimmed milk, should not be classified producers by its average butterfat test; dence introduced at all prior hearings as Class I milk. on said order and amendments thereto (ii) multiply the weight of the milk pro­ (which findings are hereby ratified and (b) Classes of utilization. The classes duced by him, if any, by its average but­ affirmed, save only as such findings are of utilization of milk shall be as follows: terfat test; (iii) multiply the weight of in conflict with findings hereinafter set (1) Class I milk shall be all milk and the milk received from other handlers, fo r th ): skimmed milk disposed of as milk, but­ if any, by its average butterfat test; termilk and milk drinks, whether plain (iv) multiply the weight of the milk re­ § 946.0 Findings. 1. That prices cal­ ceived from other sources, if any, by its culated to give milk produced for sale or flavored, and all milk not specifically accounted for as Class n milk and Class average butterfat test; (v) multiply the in the marketing area a purchasing weight of emergency milk received by power equivalent to the purchasing power m milk. (2) Class I I milk shall be all milk dis­ its average butterfat test; and (vi) add of such milk, as determined pursuant to together the resulting amounts. secs. 2 and 8 (e) of said act, 50 Stat. posed of as cream (for consumption as cream), including any cream product (3) Determine the total pounds of 246; 7 UJS.C. 602, 608e, are not reasonable Class I milk as follows: (i) convert to in view of the available supplies of feeds, disposed of in fluid form which contains less than the minimum butterfat content quarts the quantity of milk and skimmed the price of feeds, and other economic milk disposed of in the form of milk, conditions which affect the supply of and required for fluid cream, and as creamed cottage cheese. buttermilk, and milk drinks, whether demand for such milk, and that the min­ plain or flavored, and multiply by 2.15; . (3) Class in milk shall be all milk imum prices set forth in this amendment (ii) multiply the result by the average accounted for (a) as used to produce a to said order are such prices as will re­ butterfat test thereof; and (iii) if the milk product other than those specified flect the aforesaid factors, insure a suffi­ quantity of butterfat so computed when in Class I milk and Class n milk, and cient quantity of pure and wholesome added to the pounds of butterfat in milk, and be in the public interest; and (b) as actual plant shrinkage, but not Class n milk and Class I I I milk com­ to exceed 2 percent of the total receipts that the fixing of such prices does not puted pursuant to subparagraphs (4) (ii) of milk from producers, including the have for its purpose the maintenance of and (5) (ii) of this paragraph is less handler’s own production. prices to producers above the levels which than the total pounds of butterfat re­ are declared in the act to be the policy (c) Interhandler a n d nonhandler ceived, computed in accordance with sub- of Congress to establish; transfers of milk. Milk and skimmed paragraph (2) of this paragraph, an milk disposed of by a handler to another amount equal to the difference shall be 1 See also Department of Agriculture, infra. handler or to a person who is not a han­ divided by 4 percent and added to the FEDERAL REGISTER, Friday, May 22, 1942 3802 quoted for milk received at the respective quantity of milk determined pursuant to producers and the total utilization of milk by classes for such handler. plants, without deductions for hauling or (i) of this subparagraph. other charges to be paid by the farm (4) Determine the total pounds of (2) If the total utilization of milk in the various classes for any handler, as shipper. Class I I milk as follows: (i) multiply (b) Price of Class I milk for relief the actual weight of each of the prod­ computed pursuant to paragraph (d) of this section, is greater than the receipts distribution. For Class I milk (1) deliv­ uets of Class II milk by its average but- ered by a handler to the residence of a terfat test, (ii) add together the result­ of milk from producers, the market ad­ ministrator shall decrease the total relief client certified by a recognized re­ ing amounts, and (iii) divide the result lief agency, (2) charged to such an obtained in (ii) of this subparagraph by pounds of milk in Class II I for such han­ dler by an amount equal to the differ­ agency, or (3) disposed of by a handler 4 percent. ence between the receipts of milk from under a program approved by the Secre­ (5) Determine the total pounds of tary for the sale or disposition of milk Class I I I milk as follows: (i) multiply producers and the total utilization of milk by classes for such handler. to low-income consumers, including per­ the actual weight of each of the several sons on relief, such handler shall pay not products of Class I I I milk by its average 2. Delete § 946.4 and substitute there­ less than the price for Class I I I milk, butterfat test; (ii) add together the re­ for the following: plus 12 cents. sulting amounts; (iii) subtract the total § 946.4 Minimum prices— (a) Class (c) Butterfat differential to handlers. pounds of butterfat in Class I milk and prices. Subject to the provisions of para­ If any handler has received milk from Class I I milk computed pursuant to sub- graphs (b ), ( c ) , and (d) of this section, producers containing more or less than paragraphs (3) (ii) and (4) (ii) of this each handler shall pay producers, at the 4 percent butterfat, each handler shall paragraph and the total pounds of time and in the manner set forth in add or deduct, per hundredweight of butterfat computed pursuant to (ii) of § 946.8, not less than the following prices milk, for each one-tenth of 1 percent of this subparagraph from the total pounds per hundredweight for the respective butterfat above *r below 4 percent, an of butterfat computed pursuant to sub- quantities of milk in each class computed amount computed by the market admin­ paragraph (2) of this paragraph, which pursuant to § 946.3 (d) and (e) : istrator as follows: to the average resulting quantity shall be allowed as wholesale price per pound of 92-score plant shrinkage for the purposes of this, (1) Class I milk— The price for Class butter in the Chicago market, as reported paragraph (but in no event shall such I milk shall be the price for Class I I I by the United States Department of plant shrinkage allowance exceed 2 per­ milk, determined under subparagraph Agriculture for the delivery period dur­ cent of the total receipts of butterfat (3) of this paragraph, plus the following ing which the milk was received, add 20 from producers by the handler) and shall amount: percent, and divide the result by 10. be added to the result obtained in (ii) Amount Delivery period: (dollars per cwt.) (d) Class volume reconciliation ad­ of this subparagraph; and (iv) divide justment. For the amount of milk in­ the result obtained in (ii) of this sub- April through July------95 August through March------1.50 volved in any reconciliation of class vol­ paragraph by 4 percent. umes of milk, pursuant to § 946.3 (e ), the (6) Determine the classification of (2) Class I I milk— The price for Class handler shall be debited or credited, as milk received from producers as follows: I I milk shall be the price for Class I I I the case may be, at the Class II I price: (i) Subtract from the total pounds of milk determined under subparagraph Provided, That if such handler received milk in each class the total pounds of (3) of this paragraph, plus the following from producers milk with an average test amount: of butterfat of 4 percent or less and dis­ milk which were received from other Amount posed of no milk as a Class I I I milk handlers and used in such class. Delivery period: (dollars per cwt.) (ii) Subtract from the total pounds of product, such debit or credit, as the case April through July------0.45 may be, shall be made at the Class II milk- in each class the total pounds of August through M arch------0. 50 milk, except emergency milk, which were (3) Class I I I milk— The price for Class price. received from sources other than pro­ III milk shall be the price resulting from 3. Delete from §946.7 (a) the cross- ducers and handlers and used in such the following computation by the mar­ reference figure “ §946.3 (d) (5 )” and class. ket administrator: determine, on the substitute therefor the cross-reference (iii) Subtract pro rata out of the re­ basis of milk of 4 percent butterfat con­ figure “ § 946.3 (d) and (e).” maining milk in each class the quantity tent, the arithmetic average of the basic, 4. Delete from § 946.7 (a) the cross- of miUf of the handler’s own production. or field, prices per hundredweight re­ reference figure “§ 946.3 (d) (5) (iii)” (iv) Subtract from the total pounds of ported by, and ascertained by the mar­ and substitute therefor the cross-refer­ milk in each class an amount which shall ket administrator to have been paid by, ence figure “ § 946.3 (d) (6) (ii).” be computed as follows: divide the total the following concerns at the manufac­ 5. Renumber subparagraphs (2), (3), pounds of milk in each class by the total turing plants or places listed herein be­ (4), and (5) of § 946.7 (b) as subpara­ pounds of milk in all classes and mul­ low, for ungraded milk received during graphs (3), (4), (5), and (6) of such tiply the percentage for each class by the delivery period: the total pounds of emergency milk re­ paragraph. 6. Add as § 946.7 (b) (2) the following: ceived. Skimmed milk or (the milk Concern Location Ewing-Von Allmen Co__ Louisville, Ky. equivalent of) cream received from Armour Creameries______Elizabethtown, Ky. (2) Deduct, if the average butterfat sources other than producers under an Armour Creameries______Springfield, Ky. content of all milk received from pro­ emergency supply permit issued by the Kraft Cheese Company— Salem, Ind. ducers is in excess of 4 percent, or add, proper health authorities shall be treated Ewing-Von Allmen Co__. Corydon, Ind. if the average butterfat* content of all as emergency milk for the purposes of Ewing-Von Allmen Co— Madison, Ind. milk received from producers is less than this section, if such skimmed milk or Producers’ Dairy Market­ 4 percent, the total value of the butter­ (the milk equivalent of) cream is re­ ing Association______Orleans, Ind. fat differential applicable pursuant to ported to the market administrator in Provided, That if the price so deter­ § 946.8 ( f ). the manner provided for emergency milk mined is less than the price computed by in subparagraphs (2) and (3) of 7. Delete from § 946.7 (b) (4) the the market administrator in accordance cross-reference phrase “ subparagraph § 946.5 (a ). with the following formula, such for­ (2) of this paragraph” and substitute (e) Reconciliation of utilization of mula price shall be used: to the average therefor the cross-reference phrase “sub- milk by classes with receipts of milk from wholesale price per pound of 92-score paragraph (3) of this paragraph.” butter in the Chicago market as reported producers. (1) If the total utilization 8. Delete from § 946.7 (b) (5) the by the United States Department of Ag­ of milk in the various classes for any cross-reference phrase “ subparagraph handler, as computed pursuant to para­ riculture for the delivery period during (3) of this paragraph” and substitute graph (d) of this section, is less than the which such milk was received, add 30 therefor the cross-reference phrase sub- percent thereof, and multiply the result­ receipts of milk from producers, the mar­ paragraph (4) of this paragraph.” ket administrator shall increase the total ing amount by 4. The prices used in determining the 9. Delete from § 946.7 (b) (6) the pounds of milk in Class II I for such cross-reference phrase “ subparagraph average manufacturing plant price pur­ handler by an amount equal to the differ­ (4) of this paragraph” and substitute ence between the receipts of milk from suant to this subparagraph shall be those FEDERAL REGISTER, Friday, May 22, 1942 3803

therefor the cross-reference phrase “sub- for the convenience of the Government Now therefore, the Civil Aeronautics paragraph (5) of this paragraph.” under the following circumstances: Board, acting pursuant to the authority vested in it by the Civil Aeronautics Act (48 Stat. 31, 670, 675, 49 Stat. 750, 50 (1) Discontinuance of medical educa­ of 1938, as amended, particularly sections Stat. 246; 7 U.S.C. and Sup. 601 et seq.) tion. 205 (a ), 601 and 604 of said Act, makes Issued at Washington, D. C., this 20th (2) Matriculation at an unapproved and promulgates the following special day of May 1942, to be effective on and school of medicine. regulation, effective immediately: (3) Failure to complete successfully after the 1st day of June 1942. Witness Notwithstanding the provisions of my hand and the official seal of the De­ the prescribed full course of medical in­ struction. 40.291 of the Civil Air Regulations to the partment of Agriculture. contrary, requiring an air carrier to con­ (4) Failure to secure appointment in [ s e a l ] C l a u d e R . W ic k a r d , the Army of the United States (Medical duct demonstration flights over a new Secretary of Agriculture. Corps) within one year after completion route in advance of scheduled air carrier of the prescribed full course of medical operations, United Air Lines is not re­ [F . R. Doc. 42-4679; Filed, May 21, 1942; quired to comply with such provisions 11:12 a. m .] instruction. prior to commencing scheduled air car­ (g) The Surgeon General will main­ rier operations over the route between tain adequate records to assure timely New York and Cleveland, Ohio, via Har­ application for appointment as first lieu­ risburg, Pennsylvania, Pittsburgh, Penn­ TITLE 10—ARMY: WAR DEPARTMENT tenant, Army of the United States (Med­ sylvania, and Akron, Ohio. Nothing in Chapter V II—Personnel ical Corps), and to assure that indi­ the provisions of this regulation shall be viduals are promptly reported to The Ad­ deemed to exempt United Air Lines from P a r t 73— A p p o in t m e n t o p C ommissioned jutant General for discharge as provided the provisions of § 40.2611 (b) regarding O f f ic e r s , W a r r a n t O f f ic e r s , a n d above. (Act of Sept. 22, 1941, Public the qualifying of pilots over this route, C h a p l a in s Law 252, 77th Congress) [Letter A.G.O. nor from the necessity of obtaining the commissions f o r m e d ic a l s t u d e n t s dated May 8, 1942, AG 210.1 M A-AUS appropriate amendment to their air car­ (4-25-42) R B-SPG A] rier operating certificate. Officers appointed in the Army of the [ s e a l ] J. A. U lio, United States under the provisions of the By the Civil Aeronautics Board. Major General, Act of September 22, 1941. [ s e a l ] D a r w i n C h a r l e s B r o w n , The Adjutant General. Section 73.220 is hereby added as fol­ Secretary. [F. R. Doc. 42-4677; Filed, M ay 21, 1942; lows: 10:52 a. m.] [F. R. Doc. 42-4684; Filed, M ay 21, 1942; § 73.220 Commissions for medical stu­ 11:48 a. m .] dents. (a ) Authority is granted to Corps Area commanders to waive the pro­ visions of § 61.69 (d) and § 73.205 (b) for TITLE 14—CIVIL AVIATION the appointment as second lieutenant, TITLE 16—COMMERCIAL PRACTICES Chapter I—Civil Aeronautics Board Army of the United States (Medical Ad­ Chapter I—Federal Trade Commission ministrative Corps), of physically quali­ [Regulations, Serial No. 220] fied male citizens of the United States [Docket No. 4618] P a r t 40— A ir C a r r ier O p e r a t in g C e r t i f i­ above the age of eighteen yearA who are P ar t 3— D ig e s t o f C ea s e a n d D e s is t c a t io n bona fide accepted matriculants at ap­ O rders proved médical schools within or with­ UNITED AIR LINES, WAIVER OF DEMONSTRA­ IN THE MATTER OF JAMES MACDONALD, LTD. out the United States. Officers so TION REQUIREMENT appointed will not be ordered to active ET AL. duty until eligible for appointment as A t a session of the Civil Aeronautics § 3.27 (d) Combining or conspiring— first lieutenant, Army of the United Board held at its office in Washington, To enhance, maintain or unify prices. States (Medical Corps). D. C., on the 15th day of May, 1942. In connection with the offer, etc., in com­ (b) Appointment will be made without Having had under consideration the merce, of “Harris Tweed”, and on the reference to an examining board as pre­ request of United Air Lines for a waiver part of respondent producers thereof and scribed in § 61.5 (c) and without refer­ of the provisions of § 40.291 of the Civil their agents, representatives, etc., and ence to procurement objectives. Air Regulations, among other things, as in order set (c) Appointment will be made without The Board finds that: forth by any form of cooperative, con­ a report of physical examination (WD 1. United Air Lines desires to con­ certed or collective action, fixing, estab­ AGO Form No. 63). Authority is duct flights in regular scheduled air lishing and maintaining minimum prices, granted to waive the provisions of carrier operations between New York and the terms and conditions of sale, in §§ 73.216 to 73.218, inclusive. and Cleveland, Ohio, via Harrisburg, connection with the marketing of the (d) Applications and accompanying Pennsylvania, Pittsburgh, Pennsylvania, cloth or fabric known as “Harris Tweed” papers as prescribed in §§ 73.200 to and Akron, Ohio; in the United States; prohibited. (Sec. 73.218, inclusive, (except report required 5, 38 Stat. 719, as amended by sec. 3, 2. As a prerequisite to commencing op­ by § 73.208 (a) (2) (ii) will be forwarded 52 Stat. 112; 15 U.S.C., Sup. IV, sec. 45b) erations over a new route an air carrier is by the Dean of the medical school to [Cease and desist order, James Mac­ required to comply with the provisions of Donald, Ltd. et al., D. 4618, May 19, the Commanding General of the Corps § 40.291 providing that an air carrier Area in which the school is located, to­ 1942] must demonstrate by flights over the gether with a certified statement that § 3.27 (c 10) Combining or conspir­ new route that such air carrier is able ing—To enforce or bring about resale the applicant is a bona fide accepted to conduct safe operations; and matriculant in medicine at the insti­ price maintenance: § 3.63 (a) Main­ 3. Flight personnel of United Air Lines tution. taining resale prices—B lack listing: (e ) Those students attending schools are familiar with such n,ew route having § 3.63 (c) Maintaining resale prices— outside the limits of the United States made numerous special flights over said Combination: § 3.63 (d) Maintaining will be charged with the responsibility route in conducting flights pursuant to resale prices—Contracts and agree­ of proper notification to the Deans of contracts with the United States Gov­ ments: § 3.63 (e) Maintaining resale the respective schools in order that the ernment. Due to the present lack of prices—Cutting off supplies: § 3.63 (i) applications and accompanying papers equipment and pilot time and because Maintaining resale prices—Refusal to as prescribed in paragraph (d) are fo r­ of the present war emergency which re­ sell: § 3.63 (j) Maintaining resale warded to the Commanding General of quires the maximum utilization of all prices—Systems of espionage—Requiring the Corps Area of permanent residence of available aircraft, it would be inadvis­ information of price cutting. On the part the student. able to require United Air Lines to make of respondent producers of “Harris (f ) Officers appointed under the pro­ demonstration flights as required by Tweed”, and their agents, representa­ visions of this section will be discharged § 40.291 over the new route. tives, etc., and among other things, as in 3804 FEDERAL REGISTER, Friday, May 22, 1942

any retailer who does not bind himself order set forth, agreeing or cooperating stating that they waive all intervening to sell such garments at certain fixed re­ with each other or" with others, in ne­ procedure and further hearing as to said sale prices or at retail prices not less than gotiating, arranging or carrying out a fact, and the Commission having made plan or policy to fix and maintain the its findings as to the facts and conclu­ the same; or (3) .That said retail dealers will not prices of clothing manufacturers or the sions that said respondents (excepting sell such garments at prices less than the resale prices of retailers selling garments respondent Biddle-Bernstein, a corpora­ resale prices fixed or indicated by said made of said Harris Tweed in commerce tion) have violated the provisions of respondents; or in the United States, and engaging in section 5 of the Federal Trade Commis­ (4) That each garment manufacturer any form of cooperative, concerted or sion Act; and retail dealer will submit to the re­ collective action or entering into ar­ It is ordered, That the respondents spondents or anyone designated by them rangements or agreements among them­ James MacDonald, Ltd., a corporation; a list of prices at which sales are made, selves and with garment manufacturers Kenneth MacKenzie, Ltd., a corpora­ together with the names of the customers and retail dealers to the effect (1) that tion; Kenneth MacLeod, Ltd., a corpo­ garment manufacturers will not sell ration; S. A. Newall and Sons, Ltd., a sold; or (5) That respondents will compile and garments made of Harris Tweed pur­ corporation; W. A. Smith, John Smith, circulate among themselves a list or other chased from the respondents or any of and A. P. C. Lawrence, copartners, doing information as to the identity of cloth­ them at prices lower than those fixed or business under the firm name and style ing manufacturers which cut the prices indicated by the said respondents; or (2) of Thomas Smith and Company; Miles fixed or indicated by said respondents for will not sell Harris Tweed garments to L. Finch, individually, and doing business the purpose of facilitating refusals by re­ any retailer who does not bind himself under the name and style of Associate spondents to sell such manufacturers. to sell such garments at certain fixed British Manufacturers; Folkard and resale prices or at retail prices not less Lawrence, Inc., a corporation; E. Yorke It is further ordered, That said re­ than the same; or (3) that said retail Stroud, an individual; W alter Bradshaw, spondents shall, within sixty (60) days dealers will not sell such garments at individually, and doing business under after service upon them of this order, prices less than the resale prices fixed the name and style of Bradshaw Linen file with the Commission a report in writ­ or indicated by said respondents; or (4) Company; and M. Stanley Brown, an in­ ing, setting forth in detail the manner that each garment manufacturer and dividual, their officers, representatives, and form in which they have complied retailer will submit to the respondents or agents, and employees, directly or with this order. anyone designated by them a list of through any corporate or other device, It is further ordered, That the said prices at which sales are made, together in connection with the offering for sale, complaint be, and the same hereby is, with the names of the customers sold; or sale and distribution of Harris Tweed in dismissed as to respondents Biddle-Bern­ (5) that respondents will compile and commerce, as “ commerce” is defined in stein, a corporation, and R. J. Beneville, ‘ the Federal Trade Commission Act, cease circulate among themselves a list or other an individual, deceased. information as to the identity of cloth­ and desist by any form of cooperative, By the Commission. ing manufacturers which cut the prices concerted or collective action, from fix­ ing, establishing and maintaining mini­ [ s e a l ] O t i s B. J o h n s o n , fixed or indicated by said respondents Secretary. for the purpose of facilitating refusals mum prices, and the terms and by respondents to sell such manufactur­ conditions of sale, in connection with [F . R. Doc. 42-4681; Filed, May 21, 1942; ers; prohibited. (Sec. 5, 38 Stat. 719, as the marketing of the cloth or fabric 11:36 a. m .] amended by sec. 3, 52 Stat. 112; 15 known as “Harris Tweed” in the United U.S.C., Sup. IV, sec. 45b) [Cease and StditGS 4 ------desist order, James MacDonald, Ltd. et It is further ordered, That the re­ al., D. 4618, May 19, 1942] spondents James MacDonald, Ltd., a cor­ TITLE 17—COMMODITY AND SECU­ poration; Kenneth MacKenzie, Ltd., a RITIES EXCHANGES In the Matter of James MacDonald, Ltd., corporation; Kenneth MacLeod, Ltd., a a Corporation; Kenneth MacKenzie, corporation; S. A. Newall and Sons, Ltd., Chapter II—Securities and Exchange Ltd., a Corporation; Kenneth MacLeod, a corporation; W. A. Smith, John Smith, Commission Ltd., a Corporation; S. A. Newall and and A. P. C. Lawrence, copartners, doing Sons, Ltd., a Corporation; W. A. Smith, P art 240— R u l e s a n d R e g u l a t io n s , business under the firm name and style S e c u r it ie s A ct o f 1934 John Smith, and A. P. C. Lawrence, of Thomas Smith and Company; Miles Copartners Doing Business Under the L. Finch, individually, and doing business PROHIBITION OF FRAUD BY ANY PERSON IN Firm Name and Style of Thomas Smith under the name and style of Associate CONNECTION W ITH THE PURCHASE OR SALE and Company; Miles L. Finch, Indi­ British Manufacturers; E. Yorke Stroud, OF SECURITIES vidually, and Doing Business Under the an individual; and M. Stanley Brown, an The Securities and Exchange Com­ Name and Style of Associate British individual, their officers, representatives, mission, deeming it necessary for the Manufacturers; Folkard and Lawrence, agents and employees, directly or exercise of the functions vested in it and Inc., a Corporation; Biddle-Bernstein, through any corporate or other device, necessary and appropriate in the public a Corporation; R. J. Beneville, an In­ cease and desist from agreeing or coop­ interest and for the protection of invest­ dividual; E. Yorke Stroud, an Indi­ erating with each other or with others, ors so to do, pursuant to authority con­ vidual; Walter Bradshaw, Individually, in negotiating, arranging or carrying ferred upon it by the Securities Exchange and Doing Business Under the Name out a plan or policy to fix and maintain Act of 1934, particularly sections 10 (b) and Style of Bradshaw Linen Com­ the prices of clothing manufacturers or and 23 (a) thereof, hereby adopts the pany; M. Stanley Brown, an Individual the resale prices of retailers selling gar­ following § 240.10b-5 [Rule X-10B-51 : At a regular session of the Federal ments made of said Harris Tweed in said § 240.10b-5 Employment of manipu­ Trade Commission, held at its office in commerce in the United States and from lative and deceptive devices. It shall be the City of Washington, D. C„ on the engaging in any form of cooperative, unlawful for any person, directly or in­ 19th day of May, A. D. 1942. concerted or collective action or entering directly, by the use of any means or in­ into arrangements or agreements among This proceeding having been heard by strumentality of interstate commerce, or themselves and with garment manufac­ the Federal Trade Commission upon the of the mails, or of any facility of any turers and retail dealers to the following complaint of the Commission and the national securities exchange, various answers of respondents, in which effect: (a) To employ any device, scheme, or answers respondents (excepting re­ (1) That garment manufacturers will spondent Biddle-Bernstein, a corpo­ not sell garments manufactured of Har­ artifice to defraud, (b) To make'any untrue statement of ration) admit all of the material ris Tweed purchased from the respond­ allegations of fact set forth in said com­ ents or any of them at prices lower than a material fact or to omit to state a material fact necessary in order to make plaint, except as set forth in the findings those fixed or indicated by the said the statements made, in the light of the as to the facts, and the answers of all respondents; or circumstances under which they were of said respondents (excepting respond­ (2) That the garment manufacturers made, not misleading, or ent Biddle-Bernstein, a corporation) will not sell Harris Tweed garments to FEDERAL REGISTER, Friday, May 22, 1942 3805

(c) To engage in any act, practice, or prices established in the Order Granting Proposed Conclusions of Law of the Ex­ course of business which operates or Temporary Relief and Conditionally Pro­ aminer should be approved and adopted would operate as a fraud or deceit upon viding for Final Relief, dated October as the Findings of Fact and Conclusions any person, in connection with the pur­ 14, 1941, for the coals of the Peerless No. of Law of the undersigned; chase or sale of any security. (Sec. 10, 4 Mine of Peerless Coal & Coke Company Now, therefore, it is ordered, That the 48 Stat. 891; 15 U.S.C. 78j; Sec. 23, 48 having been revoked, and that portion of Proposed Findings of Fact and Proposed Stat. 901; sec. 8, 49 Stat. 1379; 15 U.S.C. Docket No. A-1072 relating to the Peer­ Conclusions of Law of the Examiner in 78w) less No. 4 coals having been severed this matter be, and the same hereby are, Effective May 21, 1942. therefrom and designated as Docket No. approved and adopted as the Findings of By the Commission. A-1072 Part II; Fact and Conclusions of Law of the [ s e a l ] O r v a l L . D u B o is , By further Order of the Acting Direc­ undersigned; Secretary. tor, dated February 12, 1942, temporary It is further ordered, That § 327.11 relief having been granted by establish­ (Low volatile coals: Alphabetical list of [P . R. Doc. 42-4660; Piled, M ay 21, 1942; ing for the coals of the Peerless No. 4 code members') and §327.34 (General 9:33 a. m .] Mine of Peerless Coal & Coke Company, prices in cents per net ton for shipment price classifications of “D”, “E”, “D”, “H”, into any market area) in the Schedules and “H ” in Size Groups 1, 6, 7, 8, and 9, of Effective Minimum Prices for District respectively, for all shipments except No. 7 for All Shipments Except Truck TITLE 30—MINERAL RESOURCES truck and effective minimum prices of and for Truck Shipments be, and they Chapter III—Bituminous Coal Division $2.90, $2.50, $1.95, $1.65, and $1.60 per hereby are, amended by the establish­ ton in Size Groups 1, 3, 4, 5, and 6, re­ ment for the Peerless No. 4 Mine (Mine [Docket No. A-1072 Part II] spectively, for truck shipments; Index No. 248) of Peerless Coal & Coke P ar t 327— M i n i m u m P r ic e S c h e d u l e , Pursuant to appropriate Order and Company of price classifications of “D”, D is t r ic t N o . 7 after due notice to all interested persons, “E”, “D”, “H”, and “H” in Size Groups 1, 6, 7, 8, and 9, respectively, for all PEERLESS COAL & COKE CO., RELIEF GRANTED a hearing in this matter having been held on March 11,1942, before Floyd MCG'own, shipments except truck and effective Order approving and adopting the pro­ a duly designated Examiner of the Di­ minimum prices of $2.90, $2.50, $1.95, posed findings of fact, proposed conclu­ vision, at a hearing room thereof in $1.65, and $1.60 per ton in Size Groups sions of law, and recommendation of the Washington, D. C., at which all inter­ 1, 3, 4, 5, and 6, respectively, for truck examiner and granting permanent relief ested persons were afforded an oppor­ shipments. in the matter of the petition of District tunity to be present, adduce evidence, Dated: May 20, 1942. Board No. 7 for the establishment of cross-examine witnesses and otherwise [ s e a l ] D a n H. W h e e l e r , price classifications and minimum prices be heard; and at which District Board 7 Acting Director. for the coals of Peerless No. 4 Mine, Mine appeared; Index No. 248, of Peerless Coal & Coke [P . R. Doc. 42-4668; Piled, May 21, 1942; The Examiner having submitted his 10:23 a. m .] Company, in District No. 7. Report, Proposed Findings of Fact, Pro­ This proceeding having been insti­ posed Conclusions of Law, and Recom­ tuted upon an original petition, filed on mendation in this matter, dated April September 20, 1941, with the Bituminous 9, 1942, in which the Examiner found TITLE 32—NATIONAL DEFENSE Coal Division, pursuant to section 4 I I that the coals produced at the Peerless (d) of the Bituminous Coal Act of 1937, No. 4 Mine in the Pocahontas No. 4 Seam Chapter V I—Selective Service System by District Board 7, requesting the estab­ are inferior to those produced by other lishment of price classifications and effec­ District 7 mines operating in that same (Order No. 36] tive minimum prices for the coals of cer­ seam, and that the Peerless No. 4 coals N o r t h F o r k C a m p P r o j e c t tain mines in District 7; cannot be marketed in competition By an Order Granting Temporary Re­ therewith unless the price classifications ESTABLISHMENT lief and Conditionally Providing for Pinal and effective minimum prices requested I, Lewis B. Hershey, Director of Selec­ Relief, dated October 14,1941,6 P.R. 5529, are granted, and that, accordingly, in tive Service, in accordance with the pro­ in Docket No. A-1072, price classifications order to preserve the existing fair com­ visions of section 5 (g) of the Selective and effective minimum prices having petitive opportunities of the coals of the Training and Service Act of 1940 (54 Stat. been established for the coals of certain Peerless No. 4 Mine and in order to 885) and pursuant to authorization and mines in District 7, including the estab­ reflect their relative market value, price direction contained in Executive Order lishment for the coals of the Peerless No. classifications should be established of No. 8675 dated February 6, 1941, hereby 4 Mine (Mine Index No. 248) of the Peer­ “D”, “E”, “D”, “H”, and “H” in Size designate the North Fork Camp project less Coal & Coke Company of a price Groups 1, 6, 7, 8, and 9, respectively, for to be work of national importance, to be classification of “B” in Size Groups 1, 6, all shipments except truck, and effective known as Civilian Public Service Camp and 7, and a price classification of “ D” minimum prices of $2.90, $2.50, $1.95, No. 35. Said camp, located at North Fork, in Size Group 8, for all shipments except $1.65, and $1.60 per ton in Size Groups Madera County, California, will be the truck, and effective minimum prices of 1, 3, 4, 5, and 6, respectively, for truck base of operations for forestry work in $3.15, $2.80, $2.15, and $1.85 per ton in shipments; the State of California, and registrants Size Groups 1, 3, 4, and 5, respectively, The Examiner having recommended under the Selective Training and Service for truck shipments; that an order be issued, providing that Act of 1940, who have been classified by District Board 7 subsequently having the Schedules of Effective Minimum their local boards as conscientious ob­ filed a motion to modify the said Order Prices for District No. 7 for All Shipments jectors to both combatant and non-com­ of October 14, 1941, as to Peerless No. 4 Except Truck and for Truck Shipments batant military service and have been Mine of Peerless Coal & Coke Company by should be amended by the establishment placed in Class IV-E, may be assigned to changing the price classification of “B” for the Peerless No. 4 Mine (Mine Index said camp in lieu of their induction for to “D” in Size Group 1, the price classi­ No. 248) of Peerless Coal & Coke Com­ military service. fication of “B” to “E” in Size Group 6, pany of price classifications of “D”, “E”, The work to be undertaken by the men the price classification of “B” to “D” in “D”, “H”, and “H” in Size Groups 1, 6, assigned to said North Fork Camp will Size Group 7, the price classification of 7, 8, and 9, respectively, for all shipments consist of fire prevention and presuppres­ “P ” to “H ” .in Size Group 8, and by estab­ except truck and effective minimum sion and construction of telephone lines, lishing a price classification of “H” in prices of $2.90, $2.50, $1.95, $1.65, and truck trails and minor roads, and shall Size Group 9 for all shipments except $1.60 per ton in Size Groups 1, 3, 4, 5, be under the technical direction of the truck, and by establishing effective mini­ and 6, respectively, for truck shipments; Forest Service of the Department of Agri­ mum prices of $2.90, $2,50, $1.95, $1.65, An opportunity having been afforded culture insofar as concerns the planning and $1.60 per ton in Size Groups 1, 3, 4, 5, to all parties to file exceptions thereto and direction of the work program. The and 6, respectively, for truck shipments; and supporting briefs; no such exceptions camp, insofar as camp management is By Order of the Acting Director, dated or supporting briefs having been filed; concerned, will be under the direction of February 12, 1942, 7 F. R. 1536, the price The undersigned having determined approved representatives of the National classifications and effective minimum that the Proposed Findings of Fact and Service Board for Religious Objectors. 3806 FEDERAL REGISTER, Friday, May 22, 1942

as amended by Pub. Laws 89 and 507, Men shall be assigned to and retained in provisions of section 5 (g) of the Selec­ camp in accordance with the provisions tive Training and Service Act of 1940 77th Cong.) of the Selective Training and Service Act (54 Stat. 885) and pursuant to authori­ Issued this 21st day of May 1942. zation and direction contained in Exec­ of 1940 and regulations and orders pro­ J. S. K n o w l s o n , mulgated thereunder. Administrative utive Order No. 8675 dated February 6, Director of Industry Operations. and directive control shall be under the 1941, hereby designate the Coleville Camp [P. R. Doc. 42-4688; Piled, M ay 21, 1942; Selective Service System through the project to be work of national impor­ 11:54 a. m .] Camp Operations Division of National tance, to be known as Civilian Public Selective Service Headquarters. Service Camp No. 37. Said camp, lo­ cated at Coleville, Mono County, Cali­ L e w i s B. H e r s h e y , Director. fornia, will be the base of operations for P art 1047— C onservation o f M a t e r ia l for forestry work in the State of California, M ay 20, 1942. t h e O i l I n d u s t r y and registrants under the Selective [Amendment 1 to M-68-c, as Amended [P. R. Doc. 42-4685; Piled, M ay 21, 1942; Training and Service Act of 1940, who March 23, 1942] 11:53 a m.] have been classified by their local boards as conscientious objectors to both com­ DELIVERIES batant and non-combatant military Section 1047.4, Conservation Order No. [Order No. 36] service and have been placed in Class M-68-c,1 as amended March 23, 1942 is IV-E, may be assigned to said camp in hereby amended by adding at the end S a n t a B arbara C a m p P r o j e c t lieu of their induction for military thereof an additional paragraph as fol­ ESTABLISHMENT service. lows: I, Lewis B. Hershey, Director of Selec­ The work to be undertaken by the men (i) The provisions of this order shall tive Service, in accordance with the pro­ assigned to said Coleville Camp will con­ be applicable to deliveries of material by visions of section 5 (g) of the Selective sist of fire prevention and presuppres­ any person located in the United States, sion, construction of telephone lines, Training and Service Act of 1940 (54 its territories and possessions to any Stat. 885) and pursuant to authorization stock driveways, and water supply sys­ other person located in the United States, tems, and shall be under the technical and direction contained in Executive Or­ its territories and possessions, or the Do­ der No. 8675 dated February 6, 1941, direction of the Forest Service of the minion of Canada, but not elsewhere. hereby designate the Santa Barbara Department of Agriculture insofar as The provisions of this paragraph super­ Camp project to be work of national concerns the planning and direction of sede Interpretation No. 1 of this Order, the work program. The camp, insofar importance, to be known as Civilian Pub­ issued February 7, 1942. (P.D. Reg. 1, as lic Service Camp No. 36. Said camp, as camp management is concerned, will amended, 6 F.R. 6680; W.P.B. Reg. 1, 7 located at Santa Barbara, Santa Bar­ be under the direction of approved rep­ F.R. 561; E.O. 9024, 9040, 9125, 7 F.R. resentatives of the National Service bara County, California, will be the base 329, 527, 2719; sec. 2 (a ), Pub. Law 671, Board for Religious Objectors. Men of operations for forestry work in the 76th Cong., as amended by Pub. Laws 89 shall be assigned to and retained in camp State of California, and registrants under and 507, 77th Cong.) the Selective Training and Service Act in accordance with the provisions of the Issued this 21st day of May 1942. of 1940, who have been classified by their Selective Training and Service Act of local boards as conscientious objectors to 1940 and regulations and orders promul­ J. S. K n o w l s o n , both combatant and non-oombatant gated thereunder. Administrative and Director of Industry Operations. military service and have been placed in directive control shall be under the Se­ [P. R. Doc. 42-4693; Filed, May 21, 1942; Class IV-E, may be assigned to said camp lective Service System through the Camp 12:08 p. m .] in lieu of their induction for military Operations Division of National Selec­ tive Service Headquarters. service. The work to be undertaken by the L e w i s B. H e r s h e y , P art 1168— P a s s e n g e r C ar r ier s director. men assigned to said Santa Barbara GENERAL LIMITATION ORDER L-101 Camp will consist of fire prevention and M a y 20, 1942. presuppression, public camp ground de­ Whereas the fulfillment of require­ [F. R. Doc. 42-4687; Piled, M ay 21, 1942; ments for the defense of the United velopment, and construction of telephone 11:53 a. m.j lines, truck trails and minor roads, foot States has created a shortage in the sup­ and horse bridges, and shall be under the ply of passenger carriers for defense, for technical direction of the Forest Service private account and for export, and it of the Department of Agriculture inso­ Chapter IX — W ar Production Board has now become necessary in the public far as concerns the planning and direc­ Subchapter B— Division of Industry Operations interest and to promote the national de­ tion of the work program. The camp, fense to provide for the orderly sched­ P art 1047— C onservation o f M a t e r ia l insofar as camp management is con­ uling of production and delivery of such f o r t h e O i l I n d u s t r y cerned, will be under the direction of vehicles: approved representatives of the National [Amendment 4— Conservation Order M-68] Now, therefore, it is hereby ordered, Service Board for Religious Objectors. That: DELIVERIES Men shall be assigned to and retained in § 1168.1 General Limitation Order camp in accordance with the provisions Section 1047.1 (Conservation Order L-101— (a) Applicability of Priorities of the Selective Training and Service Act M -68)1 as heretofore amended, is hereby Regulation No. 1. This order and all of 1940 and regulations and orders pro­ further amended by adding at the end transactions affected thereby are sub­ mulgated thereunder. Administrative thereof an additional paragraph as ject to the provisions of Priorities Regu­ and directive control shall be under the follows: lation No. 1, as amended from time to time, except to the extent that any pro­ Selective Service System through the (j) The provisions of this order shall Camp Operations Division of National vision hereof may be inconsistent there­ be applicable to deliveries of material with, in which case the provisions of this Selective Service Headquarters. by any person located in the United L e w i s B. H e r s h e y , order shall govern. States, its territories and possessions to (b) Definitions. For the purpose of Director. any other person located in the United this order: M a y 20, 1942. States, its territories and possessions, or the Dominion of Canada, but not (1) “Person” means any individual, [P . R. Doc. 42-4686; Piled, M ay 21, 1942; partnership, association, business trust, 11:53 a. m.] elsewhere. The provisions of this para­ graph supersede Interpretation No. 1 of corporation, governmental corporation this order, issued February 7,1942. (P.D. or agency, or any organized group of per­ [Order No. 37] Reg. 1, as amended, 6 F.R. 6680; W.P.B. sons, whether incorporated or not. (2) “Producer” means any person en­ C o l e v il l e C a m p P r o j e c t Reg. 1, 7 F.R. 561; E.O. 9024, 7 F.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, 7 F.R. gaged in the production of Passenger ESTABLISHMENT 2719; sec. 2 ( a ) , Pub. Law 671, 76th Cong., Carriers. I, Lewis B. Hershey, Director of Se* lective Service, in accordance with the i 6 P.R. 6687; 7 P R . 281, 601, 903,1088, 1089. ipJR. 2272. FEDERAL REGISTER, Friday, May 22, 1942 3807

(3) “Passenger carrier” means a com­ offense or wilfully falsifying any records hereby issued by the Director of Industry plete motor or electrical coach for pas­ which he is required to keep by the terms Operations: senger transportation, having a seating of this order may be deprived of priori­ capacity of not less than 15 persons, or ties assistance or may be prohibited by The term “Jewelry” as used and de­ the body therefor, and includes integral the War Production Board from obtain­ fined in said order includes silver deposit buses, bus bodies for adult or school pas­ ing any materials or facilities subject to glassware. (P D . Reg. 1, as amended, senger use, trolley buses, and electric allocation. 6 F.R. 6680; W R R . Reg. 1, 7 F R . 561; railway cars. Such definition shall not (h ) Communications. All communi­ E.O. 9024, 7 F.R. 329; E.O. 9040, 7 F.R. include a complete commercial motor cations concerning this order should be 527; E.O. 9125, 7 F.R. 2719; sec. 2 (a ), vehicle chassis upon which a bus body is addressed to War Production Board, Pub. Law 671, 76th Cong., as amended to be mounted. Washington, D. C., Ref.: L-101. by Pub. Laws 89 and 507, 77th Cong.) (c) Restrictions on delivery of passen­ (i) Effective date. This order shall Issued this 21st day of May 1942. ger carriers. On and after the date of take effect immediately and shall con­ this Order, irrespective of the terms of tinue in effect until revoked by the Di­ J. S. K n o w l s o n , any contract of sale or purchase or of rector of Industry Operations. (P.D. Director of Industry Operations. any other commitment, no producer shall Reg. 1, as amended, 6 P.R. 6680; W.P.B. [F. R. Doc. 43-4695; Filed, M ay 21, 1942; transfer or deliver and no person shall Reg. 1, 7 F R . 561; E.O. 9024; 7 F.R. 329; 12:08 p. m .] accept any transfer or delivery of any E.O. 9040, 7 F R . 527; E.O. 9125, 7 F.R. new passenger carrier, except as author­ 2719; sec. 2 (a ), Pub. Law 671, 76th ized pursuant to the provisions of para­ Cong., as amended by Pub. Laws 89 and P a r t 1014—B u r l a p a n d B u r l a p P r o d u c t s graph (d) hereof. 507, 77th Cong.) (d ) Production and delivery of passen­ CONSERVATION ORDER M -47 AS AMENDED Issued this 21st day of May 1942. ger carriers. (1) Each producer of pas­ MAY 2, 1942 senger carriers shall schedule his pro­ J. S . K n o w l s o n , Correction duction and make deliveries of passen­ Director of Industry Operations. ger carriers in accordance with such spe­ [F . R. Doc. 42-4692; Filed, M ay 21, 1942; On page 3317 of the issue for Tuesday, cific directions as may be issued from 12:08 p. m.J May 5, 1942, a line of type was omitted time to time by the Director of Industry from paragraph (e) of § 1014.1. The Operations, who may incorporate therein paragraph should read as follows: such requests and recommendations as P ar t 1073— F ir e P r o t e c t iv e E q u i p m e n t (e) Quotas for importers and import­ may be submitted by the Office of Defense ing hag manufacturers. The quota of Transportation. [Amendment No. 3 to General Limitation Order L-30] each Importer or Importing Bag Manu­ (2) The production and delivery facturer out of each cargo of Burlap schedules established by any specific di­ Section 1073.1 (General Limitation Or­ imported to Continental United States, rection which may be issued from time der No. Lr-391 as amended), is hereby including the amount required to be set to time pursuant to paragraph (d) (1) amended in the following respects: aside under paragraph (b ), but exclud­ above shall be maintained without re­ (a) Paragraph (c) (3) is amended by ing any amount in such cargo imported gard to any preference ratings already inserting after the words “United States by the United States Government, the assigned or hereafter assigned to par­ Navy” the following words: “or Maritime Board of Economic Warfare, the Defense ticular contracts, commitments, or pur­ Commission” . Supplies Corporation, or any corporation chase orders and may be altered only organized under the authority of section (b) Paragraph (c) is further amended upon specific directions of the Director 5d of the Reconstruction Finance Cor­ by adding the following new subpara­ of Industry Operations. poration Act, as amended, or any repre­ graph: (3) I f it becomes impossible for any sentative designated for the purpose by producer to maintain production and de­ (4) The provisions of paragraph (b)any of the foregoing, or any Non-Im­ livery of passenger carriers in accordance above shall not apply to the manufac­ porting Bag Manufacturer, shall be an with any such schedule, he shall imme­ ture of any carbon dioxide extinguishers amount bearing the same ratio to the diately notify the Director of Industry which are manufactured in accordance amount of such cargo as the average Operations, and, unless otherwise di­ with the specifications of the United annual imports of such Importer or Im ­ rected by the Director of Industry Oper­ States Army or Navy or the United States porting Bag Manufacturer in the period ations, he shall continue to produce and Maritime Commission: Provided, how­ 1935-1939, inclusive, through ports on deliver passenger carriers in the order ever, That any such extinguishers manu­ the same coast—Pacific, North Atlantic, set forth in such schedule and shall post­ factured under this exception shall be or Gulf, as the case may be— bear to the pone production and delivery of any such sold or transferred only to fill orders average total import® of all Importers passenger carriers only to the, extent re­ bearing a preference rating of A -l-j or and Importing Bag Manufacturers quired by the circumstances causing his higher. (PD. Reg. 1, as amended, 6 FR. through ports on the same coast in the failure to maintain production and de­ 6680; W.P.B. Reg. 1, 7 F R . 561; E.O. 9024, same period: Provided, however, That livery as required by such schedule. 7 F R . 329; E.O. 9040, 7 F R . 527; E.O. whenever the War Production Board (e) Records. All persons affected by 9125, 7 F R 2719; sec. 2 (a ), Pub. Law shall determine that there has been a this order shall keep and preserve for 671,76th Cong., as amended by Pub. Laws substantial change in the relative not less than two years accurate and 89 and 507, 77th Cong.) amounts of cargoes discharged at Pa­ complete records concerning inventories, Issued this 21st day of May 1942. cific, or North Atlantic, or Gulf ports as production and sales of new passenger compared with the period 1935-1939, in­ carriers, which records shall be available J. S . K n o w l s o n , clusive, it may make such adjustment as for audit and inspection by duly author­ Director of Industry Operations. It deems appropriate by directing the ized representatives of the War Produc­ distribution, in whole or in part, of any tion Board. [F. R. Doc. 43-4694; Filed, M ay 21, 1942; 12:08 p. m .] cargo or cargoes discharged at any port (f) Reports. A ll persons affected by to Importers or Importing Bag Manu­ this order shall execute and file with the facturers not otherwise entitled to the W ar Production Board such reports and same under the terms of this paragraph. questionnaires as said Board shall from P art 1098— R h o d i u m No Person, other than the United States time to time require. [Interpretation No. 1 of Conservation Order Government, the Board of Economic (g) Violations or false statements. No. M-95 as Amended April 17, 1942] Warfare, the Defense Supplies Corpora­ Any person who wilfully violates any JEWELRY tion, or any corporation organized under provision of this order or who wilfully the authority of section 5d of the Re­ furnishes false information to the War The following official interpretation of construction Finance Corporation Act, Production Board is guilty of a criminal Conservation Order No. M-95,a as as amended, or any representative desig­ offense punishable by fine and imprison­ amended April 17, 1942 (§ 1098.1), is nated for the purpose by any of ment (Pub. No. 507, 77th Cong., 2d Sess., the foregoing, or any Non-Importing Bag approved March 27, 1942; and 18 Ü.S.C. *7 F R . 1597, 3083, 3363. Manufacturer, shall import Burlap who 80). Any person committing such an * 7 FJR. 1979, 2895. did not import Burlap in 1940. 3808 FEDERAL REGISTER, Friday, May 22, 1942

in the course of trade or business, shall [Schedule A to Limitation Order L-103] provisions of this section shall not be applicable to sales or deliveries of bolts, keep for inspection by the Office of Price P ar t 1198— G l a s s C o n t a in e r a n d C l o s u r e nuts, screws and rivets to a purchaser Administration for a period of not less S implification from a producer, if prior to May 28, 1942, than one year, complete and accurate records of each such purchase or sale, d is t il l e d s p ir it s such bolts, nuts, screws and rivets had been received by a carrier, other than a showing the date thereof, the name and Corrections carrier owned or controlled by the pro­ address of the buyer or the seller, either The drawings in Exhibits A -l and A-2 ducer, for shipment to such purchaser. the shipping point or delivered price paid of Schedule A should be transposed to fit (b) Any person may offer or agree to or received, and transportation charges the proper description on page 3515 of adjust or fix prices to or at prices not in or allowances, if any. the issue for Wednesday, May 13, 1942. excess of the maximum prices in effect (c) Persons affected by this Maximum A like transposition should be made of at the time of delivery. In an appropri­ Price Regulation No. 147 shall submit the drawings in Exhibits B -l and B-2 ate situation, where a petition for amend­ such reports to the Office of Price Ad­ of Schedule B on page 3516 of the same ment or for adjustment or exception re­ ministration as it may, from time to time, issue. quires extended consideration, the Price require. Administrator may, upon application, § 1368.5 Filing of prices and pricing grant permission to agree to adjust prices methods, (a) Each producer shall file upon deliveries made during the pendency with the Office of Price Administration, of the petition in accordance with the Washington, D. C., on or before June Chapter X I—Office of Price Adminis­ disposition of the petition. 22, 1942, its published list price schedules tration (c) (1) Any tax levied by any statute and extras and aU of its published dis­ of the United States or statute or ordi­ counts in effect between October 1 and P ar t 1368— F e r r o u s a n d N o n -F e r r o u s nance of any state or subdivision there­ October 15, 1941: Provided, That with B o l t s , N u t s , S c r e w s a n d R iv e t s of which the producer on October 1, 1941 respect to the published discounts to be [Maximum Price Regulation No. 147] stated and collected separately from the filed by producers of cap and set screws, price paid by the purchase, shall not be each producer shall file all of its pub­ In the judgment of the Price Admin­ lished discounts in effect between April istrator the prices of bolts, nuts, screws* included in the maximum price but may be collected by the producer in addition 1, 1941 and October 1, 1941, inclusive. and rivets are threatening to rise to an to the maximum price if such tax is stated (b) Each producer shall file with the extent and in a manner inconsistent separately from the purchase price. Office of Price Administration, Wash­ with the purposes of the Emergency (2) Any tax upon the sale or delivery ington, D. C., on or before June 22,1942: Price Control Act of 1942. The Price of bolts, nuts, screws and rivets, and any (1) on Form No. 247 :1 to be furnished Administrator has ascertained and given compensating use tax upon bolts, nuts, by, or obtained at, the Office of Price due consideration to the prices of bolts, screws and rivets, levied by any statute Administration. Washington, D. C., a nuts, screws and rivets prevailing be­ of the United States or statute or ordi­ complete statement as required by said tween October 1 and October 15, 1941, nance of any state or subdivision thereof Form No. 247 : 1 of the labor rates and and has made adjustments for such rele­ and becoming effective on or after Oc­ material costs prevailing and in effect at vant factors as he has determined and tober 1, 1941 may also be collected by each factory of such producer between deemed to be of general applicability. the producer in addition to the maxi­ October 1 and October 15, 1941; and (2) So far as practicable, the Price Adminis­ mum price if such tax is stated separately a complete statement of such producer’s trator has advised and consulted with from the purchase price, unless such tax method of figuring or estimating costs representative members of the industry was included in the producer’s price in in effect between October 1 and Oc­ which will be affected by this Regulation. effect on October 1,1941. tober 15, 1941 for the production and In the judgment of the Price Adminis­ (3) Any separately stated tax paid by sale of items not customarily carried trator the maximum prices established a producer, purchasing for resale, upon by such producer as stock items and such by this Regulation are and will be gener­ the purchase of bolts, nuts, screws and statement shall include the methods used ally fair and equitable and will effectuate rivets may be collected by such producer for figuring or estimating burden or over­ the purposes of said act. A statement in addition to the maximum price upon head, delivery charges or allowances, and of the considerations involved in the the resale of such bolts, nuts, screws and selling and administrative expense. issuance of this Regulation has been rivets, unless such tax was included in § 1368.6 Enforcement, (a) Persons issued simultaneously herewith and has such producer’s established price in effect violating any provision of this Maximum been filed with the Division of the Fed­ on October 1, 1941. Price Regulation No. 147 are subject to eral Register. § 1368.2 Less than maximum prices. the criminal penalties, civil enforcement Therefore, under the authority vested Lower prices than these set forth in Ap­ actions, and suits for treble damages pro­ in the Price Administrator by the Emer­ pendix A (§ 1368.12) and Appendix B vided for by the Emergency Price Con­ gency Price Control Act of 1942, and in (§ 1368.13) may be charged, demanded, trol Act of 1942. accordance with Procedural Regulation paid or offered. (b) Persons who have evidence of any No. 1/ issued by the Office of Price Ad­ § 1368.3 Evasion. The price limita­ violation of this Maximum Price Regula­ ministration, Maximum Price Regulation tions set forth in this Maximum Price tion No. 147 or any price schedule, regu­ No. 147 is hereby issued. Regulation No. 147 shall not be evaded, lation or order issued by the Office of Auth o rity: §§ 1368.1 to 1368.16, inclusive, whether by direct or indirect methods, Price Administration or of any acts or issued under Pub. Law 421, 77th Cong. in connection with an offer, solicitation, practices which constitute such a viola­ agreement, sale, delivery, purchase or tion are urged to communicate with the § 1368.1 Maximum prices for bolts, receipt of or relating to bolts, nuts, nearest field or regional office of the Of­ (a ) On and nuts, screws and rivets, screws, and rivets alone or in conjunction fice of Price Administration or its princi­ after May 28,1942, regardless of any con­ with any other commodity or by way pal office in Washington, D. C. tract, agreement, lease or other obligation of commission, service, transportation, or and except as provided in paragraphs § 1368.7 Petitions for amendment and other charge, or discount, premium or exception, (a) The Price Administrator (b) and (c) of this section, no producer other privilege, or by tying-agreement or shall sell or deliver, and no person shall, may grant an exception permitting a other trade understanding, or otherwise. producer to calculate his charges for de­ in the course of trade or business, buy or § 1368.4 Records and reports, (a) receive from a producer bolts, nuts, livery from the emergency basing point Producers of bolts, nuts, screws and in cases where the producer shows that screws and rivets at prices higher than rivets shall preserve and keep records of by reason of unusual circumstances aris­ the maximum prices set forth in Appen­ prices and delivery charges and allow­ ing from the emergency demands of war dix A, incorporated herein as § 1368.12, ances for inspection by the Office of Price or Appendix B, incorporated herein as he proposes to make, or is making, a Administration on all sales of bolts, nuts, shipment or series of shipments to a § 1368.13, whichever is applicable; and screws and rivets made by such producer place which is not within his usual mar­ no producer or potential purchaser from between October 1, 1940 and October 1, ket area. Petitions for such exceptions a producer shall agree, offer, solicit or 1941, inclusive. attempt to do any of the foregoing. The (b) Every person making purchases must be filed in accordance with Pro­ from a producer or every producer mak­ cedural Regulation No. 1 issued by the Office of Price Administration. *7F.R. 971. ing sales of bolts, nuts, screws and rivets, FEDERAL REGISTER, Friday, May 22, 1942 3809

(b) The Price Administrator may and does not include nails, tacks and Champion Rivet Company. grant an exception permitting a pro­ washers; Clark Brothers Bolt Company. ducer to charge more than the maximum (4) “Continental United States” in­ Cleveland Cap Screw Co. prices set forth in this Maximum Price cludes only the forty-eight states and Continental Screw Company. Regulation No. 147 in cases where the the District of Columbia; Erie Bolt & Nut Company. producer shows that he must otherwise (5) “Pacific Coast” includes the States Corbin Screw Corporation. absorb abnormally high transportation of Washington, Oregon and California; Federal Screw Works. costs resulting from lack of the custom­ (6) “Pacific coast basing point” is any Ferry Cap & Set Screw Co. ary means of transportation or other un­ one of the cities of San Pedro, Wilming­ Lamson & Sessions Company. usual circumstances arising directly from ton, Long Beach, San Diego, San Fran­ Milton Manufacturing Co. the emergency demands of war. In all cisco, Los Angeles, Oakland, Sacramento National Lock Company. such cases the petitioner shall submit or Stockton in the State of California, National Screw & Mfg. Co. data indicating the reasons why the par­ or Portland, Oregon, or Tacoma or Seat­ Oliver Iron & Steel Corp. ticular shipment or shipments are ab­ tle in the State of Washington. Ottemiller, Wm. H., Company. normal and the relation of such ship­ (7) “Emergency basing point” means Parker, Charles, Company. ment, or the manner of shipment, to the the established basing point at or nearest Pittsburgh Screw & Bolt Corp. war effort. Petitions for such exceptions the place of production or of origin of must be filed in accordance with Pro­ shipment; Republic Steel Corporation. cedural Regulation No. 1 issued by the (8) “Usual market area” of any pro­ Russell, Burdsall & Ward Bolt & Nut Office of Price Administration. ducer with respect to a shipment means Company. (c) Persons seeking any modification that area into which bolts, nuts, screws Sheffield Steel Corporation. of this Maximum Price Regulation No. and rivets had, between October 1, 1940, Townsend Company. 147 or an adjustment or exception not and October 1, 1941, inclusive, custom­ Provided, That (1) in cases of sales where provided for therein may file petitions arily been shipped by such producer in any commission, functional or other dis­ for amendment in accordance with the quantities comparable to the shipment count or term of payment was or would provisions of Procedural Regulation No. being made. have been customarily allowed by the 1, issued by the Office of Price Admin­ seller between October 1 and October istration. § 1368.9 Applicability of General Maximum Price Regulation. The pro­ 15, 1941 to other producers, or to job­ § 1S68.8 Definitions, (a) When used visions of this Maximum Price Regula­ bers, dealers or other distributors, or to in this Maximum Price Regulation No. tion No. 147 supersede the provisions of specific classes of purchasers, such as 147, the term: the General Maximum Price Regulation the railroad, carbuilding or automotive . (1) “Person” includes an individual, with respect to sales and deliveries for industries, the amount of such commis­ corporation, partnership, association, or which maximum prices are established sion, functional or other discount or term any other organized group of persons, by this Maximum Price Regulation No. of payment shall be deducted from the or legal successor or representative of 147. above maximum prices; (2) where sales any of the foregoing, and includes the § 1368.10 Sales to purchasers outside of any of the types, sizes and specifica­ United States or any agency thereof, continental United States of bolts, nuts, tions listed in Appendix D (§ 1368.15) and or any other government, or any of its screws and rivets intended for consump­ also listed in Appendix F (§ 1368.17) are political subdivisions, or any agency of tion outside continental United States. made for delivery, and are delivered, on any of the foregoing. The maximum price at which a person the Pacific Coast the applicable discounts set forth in Appendix F (§ 1368.17), (2) “ Producer” is any person who sells in continental United States may sell to rather than Appendix E (§ 1368.16), shall or offers to sell bolts, nuts, screws and purchasers outside continental United be deducted; (3) in computing said max­ rivets insofar as such bolts, nuts, screws States bolts, nuts, screws and rivets in­ imum prices the applicable delivery and rivets are manufactured or produced tended for consumption outside conti­ charges as set forth in Appendix C by him, or insofar as he sells or offers nental United States shall be determined in accordance with the provisions of the (§ 1368.14) may be added; and (4) the to sell bolts, nuts, screws and rivets pur­ maximum price for Parker-Kalon Cor­ chased by him from the manufacturer Maximum Export Regulation issued by the Office of Price Administration on poration for sales of any sheet metal thereof at a discount which customarily screws of the types, sizes and specifica­ was or would have been given by one April 25, 1942. § 1368.11 Effective date of Maximum tions listed in Appendix D (§ 1368.15) manufacturer to another between Octo­ shall be an amount not in excess of the ber 1 and October 15,1941. Price Regulation No. 147. This Maxi­ mum Price Regulation No. 147 (§ 1368.1 equivalent of its applicable published list (3) “Bolts, nuts, screws and rivets” to § 1368.18, inclusive), shall become ef­ price schedules less its applicable pub­ means and includes all of said products, fective May 28, 1942. lished discounts all as in effect for such together with track bolts, track bolt nuts, § 1368.12 Appendix A: Maximum de­ sheet metal screws between October 1 screw spikes, studs and rods, or any of livered prices for sales to purchasers and October 15, 1941 and in computing them, fabricated from ferrous or non- unthin continental United States of bolts, said maximum prices there shall also be ferrous metals other than aluminum; nuts, screws and rivets intended for con­ figured in the computation such applica­ and also means and includes miscella­ sumption within continental United ble discounts as in paragraph (a) (1) neous headed, threaded, punched, and States. The maximum delivered prices above, commissions and terms of pay­ bent products fabricated from ferrous or for sales to purchasers within conti­ ment and delivery as were customary and non-ferrous metals other than alumi­ nental United States intended for con­ in effect for said Parker-Kalon Corpo­ num by the producers of bolts, nuts, sumption within continental United ration between October 1, and October screws and rivets with the use of equip­ States: 15, 1941. ment that is used in the production of (b) O f any bolts, nuts, screws and (a) O f any bolts, nuts, screws and bolts, nuts, screws and rivets by a cold rivets of types, sizes and specifications rivets of the types, sizes and specifica­ or hot process; and also means and in­ other than those set forth in Appendix tions listed in Appendix D (§ 1368.15) cludes any threaded product fabricated D (§ 1368.15), but of types, sizes and shall be an amount not in excess of the from ferrous or non-ferrous metals other specifications contained in the published equivalent of the applicable list than aluminum having screw threads or list price schedules of each such producer schedules and extras in effect between other characteristics as well as those in effect between October 1 and October October 1 and October 15,1941, and pub­ products known as, or similar to, ma­ 15, 1941, shall be, in the case of any lished by any or all of the following pijo- chine screws, with slotted, not slotted, producer, an amount not in excess of ducers, less the applicable discounts set flat, round, oval, fillister, or other styles the equivalent of its applicable published forth in Appendix E (§ 1368.16): or shape of head and used with nuts list price schedules and extras less its or in tapped holes; but does not mean American Screw Company. applicable published discounts all as in or include screw machine products, that Atlas Bolt & Screw Co. effect between October 1 and October 15, is to say, products first made from bar Bayonne Bolt Corporation. 1941: Provided, That (1) the provisions or tubing or other material on either Bethlehem Steel Company. of this paragraph shall not apply to track automatic or hand screw machines other Buffalo Bolt Company. bolts, track bolt nuts and screw spikes; than the products hereinabove defined; Central Screw Company. (2) in the case of cap and set screws the No. 100------2 FEDERAL REGISTER, Friday, May 22, 1942 3810 discount of five percent (5% ) shall be maximum prices shall be, in the case of (d) For each producer for any bolts, nuts, screws and rivets other than those deducted, except that in the case of wood each producer, an amount not in excess screws such further discount shall be of the equivalent of its applicable pub­ described in (a), (b) and (c) of this section shall be the price such producer ten percent (10%) instead of five per­ lished list price schedules and extras in cent (5% ) and in the case of rivets effect between October 1 and October 15, would have charged between October 1 and October 15, 1941 for like quantities y2" or more in diameter such further 1941 less the applicable discounts set discount shall be two and one-half per­ forth in Appendix E (§ 1368.16); (3) on of bolts, nuts, screws and rivets of the same type, size and specifications deter­ cent (2y2%) instead of five percent sales not in excess of the f ollowing quan­ (5%); (2) in cases of sales where any tities of each-such type, size and specifi­ mined by the labor rates, material costs and methods of estimating costs and commission, functional or other discount cation, produce!* by the selling producer or term of payment was or would have and neither sold from stock nor custom-, charges or allowances for delivery which were in effect for such producer between been customarily allowed by the seller arily carried by such producer as a stock between October 1 and October 15, 1941, item at the time of shipment, an addi­ October 1 and October 15,1941: Provided, That (1) where any such bolts, nuts, to other producers, or to jobbers, dealers tional charge of $10.00 for each type, size, or other distributors or to specific classes and specification may be added to the screws, and rivets were produced by a producer and sold between October 1, of purchasers, such as the railroad, car­ above maximum prices: building or automotive industries, the Pieces 1940 and October 1, 1941, the last price charged for like quantities of the same amount of such commission, functional Stove bolts, wood screws and maehlne or other discount or term of payment s c re w s ------25, 000 type, size and specifications during said Sheet metal screws------— 50,000 period, together with any adjustment in shall be deducted from the above max­ All other bolts and screws: said last price in charges or allowances imum prices; (3) in computing said 15, 000 \L" x 6 " and sm aller------for delivery necessary to give effect to maximum prices the applicable delivery %6" through %" diameter through charges as set forth in Appendix C 10, 000 changes in transportation rates since Oc­ 6” long------tober 1, 1941, shall be the maximum (§ 1368.14) may be added; and (4) the % " through iy 4 " diameter through maximum price for Parker-Kalon Cor­ 3,000 prices therefore for each producer rather 12" long------poration for such sale of any sheet metal Any diameter through 1 % " longer than as above; and (2) where any com­ screws of the types, sizes and specifica­ than 6" through 12"------—- 1, 000 mission, functional or other discount Any diameter through 1% " longer or terihs of payment was or would have tions listed in Appendix D (§ 1368.15) 500 than 12" ------been customarily allowed by the seller be­ shall be an amount not in excess of the Nuts: tween October 1 and October 15, 1941 equivalent of its applicable published i^ " diameter and smaller. 50.000 to other producers, or to jobbers, dealers list price schedules less its applicable

from stock nor customarily carried by be the price such producer would have (2) On shipments of 200 lbs. or more such producer as a stock item at the time charged between October 1 and October of the following items: of shipment, an additional charge of 15, 1941 for like quantities of bolts, nuts, Stove bolts, $10.00 for each type, sire and specifica­ screws and rivets of the same type, size Stove bolt nuts, tion may be added to the above maximum and specifications determined by the prices: Machine Screw nuts, labor rates, material costs and methods Screws, of estimating costs and charges or allow­ Stove bolts, wood screws and machine Pieces screw s______25,000 ances for delivery which were in effect the maximum charge which may be Sheet metal screws______50,000 for such producer between October 1 and added shall be the lowest applicable rail­ All other bolts and screws; October 15, 1941: Provided, That (1) road charge, to the extent that such y2" x 6” and smaller______15,000 where any such bolts, nuts, screws and charge exceeds 650 per 100 lbs., for the %e" through %" diameter through rivets were produced by a producer and transportation of an identical quantity 6 " long------10,000 sold on an export basis between October to the consumer’s plant from whichever Ys" through iy4" diameter through 1,1940 and October 1, 1941, the last price of the following basing points the lowest 12" long______3, 000 charged for like quantities of the same railroad charge applies: Cleveland, Ohio; Any diameter through 1% " longer Chicago, Illinois; New York, New York. than 6" through 12"______1,000 type, size and specifications together with Any diameter through 1% " longer any adjustment in said last price in (3) On shipments of 300 lbs. or more than 1 2 " ______500 charges or allowances for delivery neces­ of tire bolts, the maximum charge which Nuts: sary to give effect to changes in trans- may be added shall be the actual cost of y4" diameter and sm aller______50,000 pdrtation rates since October 1,1941 dur­ transportation from point of shipment 4ie" diameter through % " __ 25,000 ing said period, shall be the maximum to consumer’s plant, to the extent that Vie” diameter through %6"_10,000 prices therefor for such producer rather such cost exceeds 650 per 100 lbs., or the %" diameter through %" _ 5,000 than as above; (2) where such sale is Ysf" diameter through 1%" _ 1,000 lowest applicable railroad charge for an made to the Government of the United iy2" diameter and larger.______250 identical shipment, whichever is less. States or any agency thereof an allow­ (4) On shipments of 200 lbs. or more (5) in cases of sales where any com­ anced for a commission or discount for of semi-finished, castellated or slotted mission, functional or other discount or a dealer, jobber or agent located outside nuts the maximum charge which may be term of payment was or would have been continental United States shall be ex­ added shall be the lowest applicable rail­ customarily allowed by the seller between cluded from such producer’s cost esti­ road charge, to the extent that such October 1 and October 15, 1941, to other mating methods; and (3) where any com­ charge exceeds 500 per 100 lbs., for the producers or to jobbers, dealers or other mission, functional or other discount or transportation of an identical quantity distributors or to specific classes of pur­ term of payment was or would have been to the consumer’s plant from whichever chasers, such as the railroad, carbuild­ customarily allowed by the seller between of the following basing points the low­ ing or automotive industries, the amount October 1 and October 15, 1941 to other est railroad charge applies: Cleveland, of such commission, functional or other producers, or to jobbers, dealers or other Ohio; Chicago, Illinois; Pittsburgh, Penn­ discount or term of payment shall be de­ distributors or to specific classes of pur­ sylvania. ducted from the above maximum prices; chasers, such as the railroad, carbuilding and (6) in computing said maximum or automotive industry, on similar sales (b) Shipments to Pacific Coast points. prices the applicable delivery charges as by such producer, the amount of such (1) On shipments of the following set forth in Appendix C (§ 1368.14) may commission, functional or other discount items: be added. or term of payment shall be deducted Bolts, other than stove or tire bolts, (c) O f any track bolts, track bolt nuts from the above maximum prices. Nuts, other than stove bolt nuts, ma­ and screw spikes of the types, sizes and § 1368.14 Appendix C: Charges for de­ chine screw nuts, semi-finished, castel­ specifications contained in the published livery. Maximum prices set forth in par­ lated or slotted nuts, list price schedules of each such producer agraphs (a) and (b) of Appendix A Rivets, in effect between October 1 and October (§ 1368.12) are f. o. b. conveyance at 15, 1941, shall be, in the case of each seller’s factory points. For the purposes to points on the Pacific Coast, except in producer an amount not in excess of the of this Maximum Price Regulation, ship­ the case of shipments wholly by rail equivalent of its applicable published list ments are at point of shipment when or motor vehicles from points east of price schedules and extras less its appli­ placed f. o. b. such conveyance. Maxi­ the Pacific Coast, the maximum charge cable published discounts all as in effect mum delivered prices shall be computed which may be added shall be (i) on between October 1 and October 15, 1941: , by adding to the maximum prices as set shipments of 400 lbs. or more, the lowest Provided, That (1) where such sale Is forth in paragraphs (a) and (b) of Ap­ applicable railroad charge for the trans­ made to the Government of the United pendix A (§ 1368.12) the public carrier’s portation of an identical quantity to the States or any agency thereof, a further transportation charges to the extent ac­ consumer’s plant from whichever Pacific discount of 10 cents per 100 lbs. in the tually incurred, except that in the follow­ Coast basing point the lowest railroad case of mild steel track bolts and track ing instances, the applicable charges charge applies, and (ii) on shipments bolt nuts shall be deducted; (2) in cases specified below shall be added: of more than 200 lbs. but less than 400 of sales where any commission, func­ lbs., the lowest applicable railroad charge (a) Shipments to domestic points other for the transportation of an identical tional or other discount or term of pay­ than Pacific Coast points. ment was or would have been customarily quantity from whichever of the follow­ allowed by the seller between October 1 (1) On shipments of the following ing Pacific Coast basing points the lowest and October 15, 1941, to other producers, items: railroad charge applies: San Francisco, California; Los Angeles, California. or to jobbers, dealers or other distributors Bolts, other than stove or tire bolts, or to specific classes of purchasers, such (2) On shipments of the items listed Nuts, other than stove bolt nuts, ma­ in paragraph (b) (1) from points east as the railroad, carbuilding or automo­ chine screw nuts, semi-finished, castel­ tive industries, the amount of such com­ of the Pacific Coast wholly by rail or lated or slotted nuts, motor vehicle to points on the Pacific mission, functional or other discount or Rivets, term of payment shall be deducted from Coast the maximum charge which may the above maximum prices; and (3) de­ the maximum charge which may be be added shall be (i) in the case of car­ livery charges or allowances shall be as­ added shall be the lowest applicable rail­ load shipments, the actual transporta­ certained by the method used by the road charge for the transportation of an tion charge for the shipment from producer between October 1 and October Identical quantity to the consumer’s seller’s factory point to the railroad sid­ 15, 1941 and shall be computed in arriv­ plant from whichever of the following ing nearest the consumer’s plant, to the ing at the above maximum prices. basing points the lowest railroad charge extent that such charge exceeds 760 (d) For each producer for any bolts, applies: Pittsburgh, Pennsylvania; Cleve­ per 100 lbs., but in no event shall such nuts, screws and rivets other than those land, Ohio; Chicago, Illinois; Birming­ additional charge exceed 400 per 100 provided in (a ), (b) and (c) above, Shall ham, Alabama. lbs. and (ii) in the case of less than car- 3812 FEDERAL REGISTER, Friday, May 22, 1942 (4) American Standard square neck load shipments, the actual transporta­ Diameters carriage bolts of American National tion charge for the shipment from coarse-thread series, Class 2 tolerance, seller’s factory point to consumer’s plant Lengths H Mb H He H H H K 1 VA VA (either cut thread in all listed sizes or to the extent that such charge exceeds rolled thread in all listed sizes up through $1.35 per 100 lbs., but in no event shall y2rt diameter by 6" long) or Whitworth such additional charge exceed $1.16 per & thread (either cut thread in all listed 100 lbs. X sizes or rolled thread in all listed sizes up (3) On shipments of 200 lbs. or more X X X through % " diameter by 6" long). of semi-finished, castellated or slotted X X X *x X XX nuts to points on the Pacific Coast, no XX X X X additional charge may be made. X XX X X X X X (4) On shipments to points on the XX X Pacific Coast of items named in para­ X XX X X X X X X X graphs (a) (2) and (a) (3) of this Sec­ X X X X X X tion, maximum delivered prices shall be X X X X X 4l_...... X X X X XX X XX X X computed as set forth in said paragraphs. X X X X X X X X X 4 \ i - ...... X X XX XX (c) Emergency transportation charges: X X X 5...... X XX X XX X X X XX X X X Where, in the case of shipments gov­ 5 A ...... X X X X X X y y erned by the provisions of Paragraphs 6l...... X XX X XX X X X X X 6^...... X X XX XX X X X — — (a) and (b ), of this section, an emer­ 7...... X X XX X X X X X X gency high cost method of trans­ X XX X X 8...... X X X X X XX X X X X portation, such as Railway Express, is X X X X requested by the purchaser, maximum 9 ...... X X X XX X y y X XXX delivered prices may include, in lieu of in ...... X X X X XX X X the transportation charges otherwise X X X ll' ...... X X X X X X X X computed under the provisions of para­ X X X graphs (a) and (b ), the excess of such 12 ...... X X X X X X X X emergency transportation charge over X X XX X 14 XX X X XX X the amount of absorption which would 1/5 ...... X X X T X X X be made by the shipper under the pro­ 1ft X X X XX XX 17 ...... X X X X X X X visions of paragraphs (a) and (b ). 1» XX X X X X X X X X X (d) Sales to purchasers within con­ X X X X tinental United States intended for con­ X X X X 24...... X X X X ...... sumption outside United States: On shipments of 300 lbs. or more of (2) American Standard regular square items named in paragraphs (a) and (b) head machine bolts, hot galvanized and of § 1368.13, the maximum charge which of American National coarse-thread may be added shall be the actual public series: carrier’s transportation charge from the point of shipment to the vessel’s side to Diameters the extent that such charge exceeds the Lengths transportation charge at the applicable H Mb H H H railroad rate for an identical quantity from the point of shipment to vessel’s X X X X X V i...... X X X X X side in New York City. X X X X VA...... X X X - X X § 1368.15 Appendix D : Standard sizes, X X X X X X X types and specifications, (a) The fol­ X X X lowing types and sizes of bolts, nuts, 4y> ...... X X X X X screws and/or rivets are assumed to be X X manufactured to either American XX X Standards Association’s specifications or United States Department of Commerce (3) American Standard regular hexa­ National Bureau of Standards Handbook gon head machine bolts of American Na­ H28 or British Standard Association’s tional coarse-thread series, Class 2 specifications, all as in effect on the ef­ tolerance, or Whitworth thread: (6) Regular square head lag bolts: fective date of this Maximum Price Reg­ Diameters ulation No. 147. (b) All items are made from ferrous Lengths M M H metals unless otherwise specifically H Mb H Mb

stated. X .... (c) Items checked with the symbol 1 « ___ : ...... X X X ...... X "x” are the items intended to be in­ V i ...... —- X X X cluded in this Appendix. 2 ...... X X X X X X .... 2^ ...... X X X X X X Table I—Bolts 3 ' ...... X X X X X X s ji...... X X X X X X 4 X X X X X X (1) American Standard square head X X 4 y , ...... X X X X jnachine bolts of American National X X X X X X X X X X X X X coarse-thread series, Class 2 tolerance, 6---...... X X X X (either cut thread in all listed sizes or X X X X rolled thread in all listed sizes up through X X X X X X y2" diameter by 6" long) or Whitworth X X X X X thread (either cut thread in all listed X X sizes or rolled thread in all listed sizes —- up through % " diameter by 6" long), FEDERAL REGISTER, Friday, May 22, 1942 3813 (7) Regular square head lag bolts, hot (ii) REPAIR HEADS galvanized: (13) American Standard step bolts, American National coarse-thread series, Diameters Class 2 tolerance: Diameters Lengths Lengths X X» X x K K b X K 1...... IK...... X 1 K...... X ’ X 2...... IX...... X x X m ...... x 2K...... ■ 2...... x 3...... x 3 U ___ 2M...... X 2 Vi...... X 4...... x 2%...... 3...... x x * (8) Key head plow bolts, No. 1 heads, American National coarse-thread series, (11) Square head, countersunk plow Class 2 tolerance: bolts, No. 4 heads, American National (i) R EG ULA R HEADS coarse-thread series, Class 2 tolerance: (i) REGULAR HEADS

Diameters Lengths (14) Elevator bolts, either No. 1 coun­ tersunk head, square neck, or No. 2 oval X X» X X head, square neck, American National 1____ coarse-thread series, Class 2 tolerance: VA...,...... IX...... m ...... X ' ' “ Diameters 2...... Lengths 2X...... x X 2X-...... x X K Ko X 2 U...... X X 3...... K ...... X ...... X X Diameters 1______Lengths (ii) REPAIR HEADS IK ...... x IK ...... x X Xt X IK ...... 2...... * Diameters 2K...... x 1...... Lengths 3...... x IK-...... lK ...... X X X Xt X m ...... X X X 2...... (15) Tire bolts, American National X X 1...... 2X...... X X X coarse-thread series, Class 2 tolerance: 3...... IK...... x X X X IK...... x -- IX...... -...... X X 2...... (9) Round head plow bolts, No. 2 heads, 2H______American National coarse-thread series, 2K______2H..... -...... Class 2 tolerance: 3...... X (i) R EGULAR HEADS

(12) Round head, reverse key, counter­ sunk plow bolts, No. 7 heads, American National coarse-thread series, Class 2 tolerance: (i) REGULAR HEADS

Diameters Lengths X Xt X X Diameters Lengths I...... X K b K K b X K (10) Round head, square neck, coun­ VA...... X IK ...... X tersunk plow bolts, No. 3 heads, American “*■' _■■■■ IX...... X FR FRV FRV National Coarse-thread series, Class 2 2 - FR FRV FRV FRV tolerance: 2K...... X FR FRV FRV FRV FR FRV FRV FRV (i) REG ULA R HEADS 2K...... FRVFR 3...... R FRV FRV FRV FRFR 1__ FR FRV FRV FRV FRV FR FR 1K- R FR FR FR FR 1K- FR FR FRV FRV FRV FR FR (ii) REPAIR HEADS IX- FR FR FRV FRV FRV FRFR 1%. R FR FR FR FR FR 2_ R FR FRV FRV FR FR FR Diameters 2K- FR FR FR FR Lengths 2K- FR FR FR FR Fife 2K- FR FR FR X Xt X 3.. .. FR FR FR FR FR 3K- FR FR FR FR 4.. .. FR FR FR FR 1...... 4tt~ FR FR FR FR IK ...... x 3.. .. FR FR FR FR IK ______FR FR FR FR IK ...... X X 2...... 2K...... X Letters in the vertical columns under the bolt diam­ 2K...... i eters indicate the style of bead for a particular length of bolt as follows; F=Flat Head; R=Round Head: V = Oven Head. 3814 FEDERAL REGISTER, Friday, May 22, 1942

T a b l e n —Ñuts (3) Plat head cap screws, American Castel- Diameters Hex National coarse-thread series: (1) American Standard regular nuts, ated Hex American National coarse-thread series, Diameters of screws Si ...... X X Class 2 tolerance: $ ...... X X Lengths 1 ...... X X 54 54# 54 94 94 154 ...... X X Semi­ Hot Cold punched i u ...... X X pressed finished 194...... : ...... X X Diameters 154 ...... XX Jam Jam, Hex. Sq. Hex. Sq. Hex. hex. hex. (4) Machine Screw and Stove Bolt 1 .. . Nuts. 154- X 134. 154. 54...... X X X XX XX 2. . . Ha...... X X XX X X X Dimensions 94------X X XXXX X 251. Ha------XX X X XX X steel and steel and 254- 54...... XX X XX X X Threads brass brass 3. . . XXX X per inch 354- ______X X XXX X X 4 .. . 94______X X X XX X X ¿4 ...... XX X 1 XX X Screw (4) Button head cap screws, American size 154 X National coarse-thread series: 154 XX X 154...... XXX X 154 X XX X X Diameters of screws Coarse Coarse thread Fine thread Fine thread Fine

X Coarse Coarse thread X XX Thickness 154 ...... X flats Width across

1 5 4 ______XX XX X Fine 1 Lengths XXX X 2 54# 54 54# 54 94# 54 94 2 k X 2...... 54# 54# 56 64 X X X 54 254 X 3...... 54# Me 48 56 X X X 2% X 4...... 54 942 40 48 X X X 3 X X 5...... 54# 554 40 44 XX X 6...... 54« 55# 32 40 X X X * 8...... l542 54 32 36 X X X x X X 34 10______54 24 32 X X 1 X (2) American Standard heavy nuts, 28 X X X 12...... 54# 542 24 II4 t American National coarse-thread series, 54-...... - 54# 54# 20 28 X X X X Wf X X 94# 542 18 24 X XN, I 34 Class 2 tolerance: 24 X X X 94—, _____ 54 54 16 2 X X 2 y? X X Hot Cold Semifinished pressed punched T a b l e III —Screws 3 (1) Hexagon head cap screws^Ameri­ can National coarse or fine thread series, (5) Headless set screws, cup point full finished or commercial: only: Diameters Diameters of screws Diameters of screws

Lengths 1 1 54 54# 55 94# 54 líe 54 94 94 1 Lengths CO CO c§ CO CO 3 i 1 0 ó e^i 0 OO 1/4-20 5/16-18 I 3/8-16 1 1 1 1

54 X X X XX 96- 54 ...... XX X XXX 1—. XXX XX 154.. 54a...... -...... -...... XX 54...... X X lx XX X X _ 154.. 54 ...... X X XXX X X m. 94 ______X X X 2. . . . XX X 94- 254. 54 ...... 7A X X 94- 254. X X X 1 ... 2 94. X X X 154- 3— . X X X 154. 3 54. 1}4 ...... m . 354- i a. m . 194. 4— . 194. 454- (6) Square head case hardened set m . 5__ screws, cup and oval points : 2... 5)4. 254- 6.... 254- 294- Diameters of screws 3.. . (2) Fillister head cap screws, Am e ri- Lengths 354- 1 3 54- can National coarse- thread series: 54 54# 54 54# 54 94# 54 54 95 394. 4.. . Diameters of screws 55-...... X 5 4 ...... XX* X Lengths $4 (3) American Standard light semi-fin­ 54 54# 55 54# 54 54— ...... -...... X XXX X... X... — ... ished nuts, American National fine- 95...... -...... XXX __ X 1 — ______X X X X X ... X X thread series, Class 2 tolerance: J4 ______154...... X X X X X X X X __ 5/6 ...... -154____ X X XX X __ X X X X 154 ...... X X X XX Castel­ X X Diameters Hex 7A 2 ______X XX XX X X lated Hex x 2 H X X V4 254...... X X X X X 3...... X X __ X X X X H- 354 ...... X X X X 54# 4 ' ______X X X X 94. 454...... X X X X Vie 5 ' ...... X X X X 54- 6 ...... X X X (Hi) BRASS MACHINE SCREWS * AMERICAN NATIONAL COARSE-THREAD SERIES

Machine screw numbers or nominal sizes

2 3 4 5 6 8 10 Lengths in 12 H Ha * H inches Threads per Inch

56 48 40 40 32 32 24 24 20 18 16 13 ' X ...... RP RP R R R frp frp FRP FRP FRP frp frp frop frp frop FROP FRP R fr ftp fro fr frop frop FRP R H fr frop ftp frp frop frop frop FR FR R Ha...... r r fr r fro fro r fr R ftp frop frp frop frop frop fr frop He...... FR FR — tu r r r fr fr fr r frop frop frop r fr frop fr fr U-...... r fr fr frop frop frop fr frop H ...... r frp fr , R E T F IS G E R L A R E D E F fr fr r fr r f 1...... fr fr frop frop frop fr frop frp fr fr 1%...... r r r ...... r r fro frop frop fr frop m ...... frp fr fr fr frop frop fr frop frp ft: fr m ...... r fr fr r 2__...... fr fr fr fr fr fr fr fr fr 2J4...... r r ■ r 2H...... r fr fr fr 3...... fr r r fr fr fr Friday, 22, May 1942

(iv) BRASS M A C H IN E SCREWS—A M E R IC A N NATIONAL FINE-THREAD SERIES

Machine Machine screw num­ screw num­ bers or bers or nominal nominal sizes sizes

Lengths in 10 Lengths in inches inches 10

Threads per Threadsper 3815 inch inch

32 32

Ha...... - R 1 U...... FRP 1 Ui Ha...... FRP 114 H ______\¥>. Ha...... fr* m ______'fr" H ...... - 2 fr '%...... 2J4 H-...... - 2ji H ...... n...... fr 3 ...... 3816 (8) Wood screws: (11) Type “Z” Self-tapping sheet metal screws:

Diameters Diameters of screws Lengths Lengths 2 3 4 5 6 7 8 9 10 12 14 16 13 No. 2 No. 4 No. 6 No. 7 No. 8 No. 10 No. 12 No. 14 ...... —

H...... FEO FEO RB FEOFEFEO FEO FEO RB-FO RBS BBS U ...... FEOFEFBOFEO FEO FE FEO RB-FO EBSFO EBSFO BB BBS BBS H FEFEFEOFBOFEO FEFEO 0 RB RBSËBSFÔ EB BBS BBS % ...... FEOFEOFBOFEOFEOFEFEFE EBEBSFO EBSFO EB EBSFO BBSEB BBS li FEFEFEOFEOFEOFEFEFE EB-FOEB-FO EB EBSFO EBSFO EBBBS i... FEOFEO FEOFEOFEOFEFEOFEFE F EB-FO BBSFD EBSFO BBS VA-...... F F FEO FBOFEOFEFEOFEOFE F EB-FO EB-FO EB-FO BB-F IH-.. FEOFEOFEO FE FBOFEOFE FF EB-FO EB-FO EB-F ili__ FE F FEO FBOFE F EB-FO EB-FO EB-F 2...... FE FE FEOFEOFEFE F E—FO E—FO E—F 2H - FFF E—FO E—F 2Ìi...... FE FFEOFEOFE FE F E—FO E—F 3 FEFE FE FF F FF FF 3H — , R E T IS G E R L A R E D E F 4 _ F FF E—indicates that size is carried in round head. B—indicates that size is carried in binding head. S—indicates that size is carried in stove head. F—indicates that size is carried in flat head. F—indicates that size is earried in countersunk flat head. E —indicates that size is carried in round head. O—indicates that size is carried in countersunk oval head. O—indicates that size is carried in oval head. (9) Brass wood screws: (12) Hexagon head self-tapping cap screws: Diameters Lengths 2 3 4 6 6 7 8 9 10 12 14 16

U FE FE FEO F FEO E Vi FEO F FEO FEO FEO FE FEO FEO FEO FEO

U FEO FBO FEO FE FEO FE FE Friday, 22, May 1942 H FE F FB.0 FE FEO F FE FEO FEO FEO FBO FEO FE FEO FE VA FEO FEO FEO FE FEO FE F VA ■ FEO FE FEO FE FEO FE F FE FE FE F VA...... - 1 ...... FEO F e o FE FE 2 F e FE FE " f ' F F F (2) American Standard small rivets, F—indicates that size is carried in flat head. T a b l e IV — Rivets B —indicates that size is carried in round head. flat heads: O—indicates that size is carried in oval head. (1) American Standard small rivets, (10) Type “A” self-tapping sheet metal screws: round heads: Diameters Lengths Diameters of screws Diameters H He H He H Lengths Lengths X No. 4 No. 6 No. 7 No. 8 No. 10 No. 12 No. 14 l i s H H e H fÍ6 Y* H e X X 949 ______X X X H EBSFO EBSFO ...... X X X li______EBSFO EBSFO EBSFO EBSFO EBSFO ¡yiñ 7y{9 ______X EBSFO EBSFO EBSFO EBSFO EBSFO EB EB X X X X X X H...... H X H ...... EB-FO EB-FO EB-FO EBSFO EBSFO EB EB l i t ...... X X X X X BB-F EB-FO X X X H...... u— EB-FO EB-FO EB-FO EBSFO EBSFO \ i ...... XX X X X X li ...... EB-FO EB-FO EB-FO EB-FO EB EB-FO X li ...... X X X X H...... X 1...... EB-FO EB-FO EB-FO EB-FO EB-F EB-FO X X ______X X EB-FO EB-FO EB-FO EB-F l i ...... X X X X X VA EB-FO EB EB-F EB-FO l i ...... — X X X X X X 134 EB-FO EB-F X X X X X X EB-F i...... 2 EB-FO IH-...... X X X X X

E —indicates that size is carried in round head. B—indicates that size is carried in binding head. S—indicates that size is carried in stove head. F—indicates that size is carried in countersimk flat head. O—indicates that size is carried in countersunk oval bead. FEDERAL REGISTER, Friday, May 22, 1942 3817

(3) American Standard small rivets, Size Size Size § 1368.16 Appendix E— Discount Lists truss or wagon-box head: 1 % lb. 31/2 lb. 9 lb. iy 2 lb. 4 lb. 10 lb. applicable under § 1368.12 (a) and (b ), Diameters 1% lb. 5 lb. 12 lb. other than Pacific Coast. The following Lengths 2 lb. 6 lb. 14 lb. discounts apply to bolts, nuts, screws and 2% lb. 7 lb. 16 lb. Me 94 Me rivets made from ferrous metals unless 3 lb. 8 lb. 18 lb. otherwise specifically stated. 94...... Me...... (7) American Standard large rivets, 94...... button heads: GROUP I—BOLTS » AND NUTS Me...... 94...... X Me...... 94...... X X n ...... al­ H ...... X X X * 19 4...... lowance 194...... -...... X lowance

X lots case less Carload Carload 194...... discount» Base Pull al­ oase3 19 4...... T 19 4...... m ...... Carriage and machine bolts: m ...... 2...... Diameter Lengths Pet. Pet. Pet. 2 94...... 94" and smaller...... 6" and shorter 8594 10 5 2 H ...... Me" and 94"______6" and shorter 6394 10 5 294...... 94" through 1 "..... 6" and shorter___ 61 10 5 294...... 194" and larger____ All lengths...... 59 10 5 294...... _ 94" through l " ...... Longer than 6"... 59 10 5 2 94...... Lag bolts______fi? 10 5 2j4...... Plow bolts...... fi*> 5 3...... Step bolts______5 Elevator bolts...... 56 5 394...... Tire bolts...... 5 4...... 50 Hot galvanized carriage and machine bolts: (4) American Standard small rivets, 94" and smaller 6" and shorter 38 10 5 Me" and 94"...... _ 6" and shorter 37 10 5 countersunk head: 94" through 1"...... 6" and shorter 36 10 5 194" and larger...... All lengths...... 34 10 5 94" through 1"------Longer than 6"____ 34 10 5 Hot galvanized lag bolts...... 39 10 5 Cold punched and hot pressed nuts, square or hex: 94" and smaller______62 10 5 M4" through 1"______69 10 5 194" through 194"______57 10 5 194" and larger...... 56 10 5

T a b l e V—Studs Semifinished Hex Nuts (1) Milled studs, American National (5) American Standard small rivets, coarse-thread series: Bulk ship­ belt rivets: ments1

Lengths Discounts from bulk lists Numbers H 94 94 H H 1 Base- Full dis­ count * keg3 7...... X XX XX X allow­ 8...... X X X X less X X ance 9...... XX XXX X keg lots 10...... XXX XXX 11...... XXX XX X 12___ XXXXX X American standard regular and heavy: Percent Percent 13...... X X XXX X 94" and smaller______62 10 14...... X XX XX X Me" through 1"______59 10 194" through 194"______57 10 194" and larger...... 56 10 American standard light and Amer­ (6) American Standard small rivets, ican standard light castellated: tinners’ and coopers’. Size numbers re­ Me" and smaller...... 64 10 fer to the weight of 1,000 rivets. 94" through 1"...... 60 10 194" through 194"...... 58 10 Size Size Size American standard heavy slotted nuts. 48 6 oz. 10 oz. 14 oz. 8 oz. 12 oz. 1 lb. Footnotes on next page. 3818 FEDERAL REGISTER, Friday, May 22, 1942

GROUP II— SCREWS— Continued screws, for one shipment from factory, GROUP I— BOLTS A N D N U TS— Continued the following discounts will apply: Stove B olts Consumer Jobber Consumers round, flat and oval head. Con­ Jobber sumer SET SCREWS Use bulk list Percent Percent Square head...... 71 71-20 Steel Percent Packages or less than bulk quantities: Headless: P lain finish. - ______67 Percent Percent )4" diameter and larger------60 60-20 B lu e d ______- 65 Nuts separate: 7Ö-20 Plain finish...... 71-10 71-10-10 No. 10 diameter and smaller__ 70 Brass, bronze, copper plated, electro- Plated finish6...... 58-10 58-10-10 galvanized or nickel plated (not pol­ Nuts attached: 71 71-lfl is h e d )______— 60 Plated finish8...... 58 58-10 For quantities of one diameter and Nickel plated (flat head polished)------40 Bulk, 3" and shorter, 15,000 pieces length of cap screws or set screws as Cadmium plated, Japanned, statuary, of size and kind, nuts separate— 80 80 bronze, parkerized, antique copper Bulk, over 3" long, 5,000 pieces listed below, for one shipment from fac­ of size and kind, huts separate___ 80 80 tory, the following discounts will apply: plated, hot galvanized or spartan finish------— - 57 Diameters Brass i Bolts furnished without nuts or with hexagon nuts Quantities ( inches) Plain finish______79 of the types and sizes listed in Table III of Appendix D 5.000 pieces and over------lA> %a> % Antique copper plated------78 (1368.15) are intended to be included herein. 1 On sales to wholesale hardware jobbers, mill supply 2,500 pieces and over____ ------Tie, V2> %6, % Nickel plated (n o t polished)------78 houses and steel warehouses customarily carrying bolts, 1.000 pieces and over------% , % . 1 nuts or rivets in stock for resale purposes, an additional discount of 6% shall be allowed. Discounts from pack­ Self-tapping sheet metal screws age lists 3 On any item where more than one full case 'or keg is Consumers (Types A and Z). Hexagon ordered, the full container allowance as listed above shall head self-tapping cap screws. apply to the entire quantity including any fractional Plain or plated finish3 Consumer Jobber overage. , , , . , In pack­ In bulk 3 To obtain the carload price, a full carload of material ages limited to nuts, bolts, screws and/or rivets must be specified for delivery at one time. The minimum weight Packages: Percent Percent for a carload will be determined by the weight required CAP SCREWS #10 x 1" and smaller. 35 35-15 to obtain all-rail carload freight rate in published all-rail #10 x 1 Ye" to 14 x 2". 27)4 27)4-15 freight tariff in effect at time of shipment. Hexagon head: « Where semi-finished nuts are sold in packages the full Upset full finished, up to and in- Percent Percent keg discount shall apply against the applicable list price eluding 1" x 6"...... — ...... 64-20 74 Discounts schedule for semi-finished nuts furnished in packages. Milled-From-Bar, full finished, up from • Plating includes nickel, brass, copper, cadmium, to and including 1" x 6"..'...... 60-20 71 bulk lists— electro-galvanizing, parkerizing, blued and black oil Upset 1035 heat treated up to and Consumer, finish. including 94" x 6"...... 64-20 74 Percent GROUP II—SCREWS Upset 1035 heat treated 94" and 1" Bulk, 15,000 pieces of a size and kind, for shipment diameter up to and including 6". 53-20 from factory at one time. 51-20 ¡8 #10 x 1" and smaller______50 Discount from package Flat head______36-20 54 #10 x 1)4" to 14 x 2"...... 45 lists SET SCREWS i Plating includes nickel, brass, copper, cadmium, electro-galvanizing, parkerizing, blued and black oil Consumer Jobber Square head...... - ...... 71-20 79 finish. s Plating includes nickel, brass, copper, cadmium, electro-galvanizing and parkerizing. Machine screws: Packages; discounts from GROUP III—RIVETS Packages: package lists Steel: Percent Percent Plain finish...... 62)4-10 62)4-10-10 Wood screws Consumer Jobber Plated finish ______45 -10 45 -10-10 Consumer Jobber Brass: Plain finish...... 57)4-10 57)4-10-10 Rivets: Plated finish ...... 47)4-10 47)4-10-10 Jig" diameter 65-5%. 65-10%. Machine screw and stove bolt Steel: and smaller. Plain finish: Percent Percent nuts: J4" diameter $3.75 per cwt. $3.75 per cwt. Flat head...... 45-20-10 45-20-10-7)4 and larger. base. base less 2)4%. Packages: Round or oval head... 42)4-20-10 42)4-20-10-7)4 Steel: Plain finish...... 45 -10 45 -10-10 Blued: Plated finish1...... 22)4-10 22)4-10-10 Flat head...... 42)4-20-10 42)4-20-10-7)4 GROUP IV—STUDS Brass: Round or oval head... 67)4-10 67)4-10-10 Brass, bronze, copper, Plain finish______.... Jobber Plated finish1...... 60 -10 60 -10-10 nickel plated (not Consumer polished) or electro- galvanized: Flat head..— ...... 35-20-10 35-20-10-7)4 Studs: Percent Percent Discount Round or oval head. — 32)4-20-10 32)4-20-10-7)4 Milled...... 46 46-20 from bulk Nickel plated (flat head lists—con­ polished): sumer Flat head...... 0- 20-10 0-20-10-7)4 § 1368.17 Appendix F—Pacific Coast Cadmium or antique copper plated or sta­ Discount Lists applicable under § 1368.12 Machine screws, bulk, 15,000 pieces of size tuary bronze, hot (a) and (b ). The following discounts and kind: Percent galvanized, japan­ Steel, plain finish...... ned, parkerized or apply to bolts, nuts, screws and rivets Brass, plain fi n i s h .. ------. ------— made from ferrous metals unless other­ Machine screw and stove bolt nuts, bulk, F^at head______30-20-10 30-20-10-7)4 15,000 pieces of size and kind: Round or oval head... 27)4-20-10 27)4-20-10-7)4 wise specifically stated. Steel; plain finish...... Silver plated: Brass; plain finish______Flat head...... 17)4-20-10 17)4-20-10-7)4 Jobbers Round or oval head... 15-20-10 15-20-10-7)4 GROUP I—BOLTS > AND NUTS Silver plated (butler or Consumer Jobber oxidized): Flat, round and oval head...... ’. 0- 20-10 0-20-10-7)4 if CAP SCREWS Brass: Plain finish: i I Flat head______66- 20-10 66-20-10-7)4 i l B03 3p Hexagon head: 64-20-10-7)4 o Upset full finished, up to and Percent Percent Round or oval head... 64-20-10 O rf) including 1" x 6"------64 64-20 Antique copper plated s § i 3 03 Milled-from-bar full finished, or nickel plated (not m s fH £.3 up to and including 1" x 6".. 60-20 polished): Flat head...... ©-»-10-7)4 Upset 1035 heat treated up to (ü-20-lt 61-20-10-7)4 and including 94" x 6"------64-20 Round or oval head... Carriage and machine bolts: Nickel plated (flat head Diainettr Lengths Pet, Pet. Pet. Upset 1035 heat treated, J6" 62.25 65.52 68.87 and 1" diameter up to and polished): )4" and smaller___6" and shorter. 58-20-10 58-20-10-7)4 57.03 60.49 66.17 including 6"...... — Flat head...... fii" and 54"...... 6" and shorter. H" through l " ___ 6" and shorter. 54. 58.36 63.14 Fillister head...... — n 61.30 36-20 1)4" and larger___ All lengths-— 52.40 56.26 Flat head...... 52. 76 56.65 6Ì. 52 Button head...... 5-20 For quantities of 15,000 pieces or more W through 1"___ Longer than 6". Footnote on next page. Footnote in column 3. of one diameter and length of wood FEDERAL REGISTER, Friday, May 22, 1942 3819

GROUP I— BOLTS A N D N U T S— Continued GROUP II I — BOLTS A N D NUTS— Continued Semi-finished hex nuts: Percent American Standard heavy, in bulk: Bulk shipments. y2" & smaller______65-10 Discounts from Package % e" through 1 " ______65 bulk lists shipments. 1 1/8 " through 1y2 "— ------60-5 Semi-finished hex nuts Discounts 1% " & larger______60 counts from pack­ Less keg Full keg age lists American Standard light and Ameri­ Full case car­ Full case3 dis­ Full case3 « discounts 3 load lots lots3 can Standard light castellated, in bulk: Pet. Pet. Pet. American Standard Tie" & smaller______70 Lag bolts...... 55.61 59.22 63.96 Heavy or American y2" through 1 " ______65 Plow bolts______61.27 68.03 Standard Regular: Percent Percent Percent 1 through iy2” ______60-10 Step bolts______53.22 61.16 A" and smaller _ 67.02 60.82 60.82 American Standard heavy slotted hex Elevator bolts______I.I”. 53.22 61.16 Vie" through 1" 60.71 54.81 54.81 nuts, in bulk ______40-10 Hot galvanized bolts...... 40.00 40.00 ■1 A" through 1A"...... 48.71 53.01 53.01 Cold punched or hot pressed nuts, 1 A" and larger...... 47.71 52.11 52.11 square or hex: American Standard 1 Bolts furnished without nuts or with hex­ A" and smaller______58.92 62.53 66.03 Light and American agon nuts of the types and sizes listed herein fii" through 1"______52.76 56. 65 61.52 Standard Light Cas­ in Table II I of Appendix D (1368.15) are 1A" through VA"______50.86 54.94 59.89 tellated: Intended to be included herein. 1A" and larger______49.91 54.09 59.09 A" and smaller...... 59.02 62.62 62.62 Ho" through 1" ______51. 71 55.71 55.71 8 Packing extras except for semi-finished \A" through XA"____ 49.71 53.91 53.91 hex nuts: Bulk shipments— Packing in standard cases No extra. discounts from Package bulk lists3 shipments. 1 Bolts furnished without nuts or with hexagon nuts or kegs of approximately Discounts of the types and sizes listed herein in Table III of Appen­ 200 or 224 pounds. from dix D (1368.15) are intended to be included herein. Packing, when so ordered, 30tf net extra Less keg Full keg package 3 On any item where more than one full case or keg is in cases or kegs of less lots lots lists ordered, the full container allowance as listed above per con­ shall apply to the entire quantity including any fractional than 200 pounds. tainer. overage. Packing, when so ordered 300 net extra Semi-finished hex nuts: 3 To obtain the carload price, a full carload of material in bags (any weight). American Standard limited to bolts, nuts, screws and/or rivets must be speci­ per bag. Regular and Heavy: Percent Percent Percent fied for delivery at one time. The weight for a carload Quantity extras except for A" and smaller___ 68.92 62.53 62.53 will be determined by the weight required to obtain the stove bolts and semi-fin­ He" through 1"__ 52.76 66.65 56.65 all-rail carload freight rate in published all-rail tariff in ished hex nuts: VA" through VA"— 50.86 64.94 54.94 effect at time of shipment. VA" and larger___ 49.91 54.09 64.09 Items ordered in quantities Add 500 net American Standard GROUP IV— RIVETS of less than 200 pounds per item. Light and American Rivets: of a size. Standard Light Cas­ tellated: Tie" diameter and smaller______61 percent (This quantity extra is in addition to extras A" and smaller___ 60.82 64.24 64.24 y2” diameter and larger: shown above when ordered with special H i" through 1"... 53.71 67.51 57.51 Less carload______$4.95 per 100 lbs. base. packing.) 1A" through VA".. 51.81 56.80 55.80 C arload1------$4.50 per 100 lbs. base. • Carriage and machine bolts sold from 1 To obtain the carload price, a full carload weight list price schedules are furnished in 1 Bolts furnished without nuts or with hexagon nuts of material limited to bolts, nuts, screws of the types and sizes listed herein in Table III of Ap­ bulk only. pendix D (1368.15) are intended to be included herein, and/or rivets must be specified for delivery •The discount applying to cut thread car­ at one time. The weight for a carload will * On any item where more than one full case or keg is riage and machine bolts shall apply to rolled ordered, the full container allowance as listed above be determined by the weight required to ob­ thread carriage and machine bolts sold from shall apply to the entire quantity including any fractional tain the all-rail carload freight rate in pub­ weight list price schedules. overage. lished all-rail freight tariff in effect at time 3 To obtain the carload price, a full carload of materia^ of shipment. GROUP II—SCREWS1 limited to bolts, nuts, screws and/or rivets must be specified for delivery at one time. The weight for a § 1368.18 Appendix G—Discount Lists Cap screws: carload will be determined by the weight required to obtain the all-rail carload freight rate in published all­ applicable under § 1368.13. The follow­ Hex h ea d : Percent rail freight tariff in effect at time of shipment. ing discounts apply to bolts, nuts, screws Full finished, up to & including and/or rivets made from ferrous metals 1 " x 6” ______64-10 1035 heat treated, up to & includ­ G R O U P n—RIVETS unless otherwise specifically stated. ing %" x 6” ______64-10 GROUP I—BOLTS 3 3 AND NUTS3 1035 heat treated, % " & 1" diam­ Rivets: Percent eter to 6 " ______53-10 île" diameter & smaller______63 Fillister head______51-10 Diameter Lengths Per­ Flat head______36-10 Consumers cent Button head ______5-10 Set screws: GROUP III—BOLTS » AND NUTS Carriage and machine Square head ______71-10 bolts:3 Headless, T4" diameter & larger______60-10 A" and smaller...... 6" and shorter-rolled

70-10-5 thread.3 Wood screws: A" and smaller...... 6" and shorter-cut 70-5 Steel, plain finish______30 thread. Brass, plain finish______30 Ho" and A" ...... 6" and shorter-cut 60-10-5 thread. 1 Packing Extras except on counts 3A" through 1 "___ 6" and shorter-cut 60-10 thread. wood screws: less case lots case less A" through 1" ... . Longer than 6"-cut 60-10 Packing in standard cases No extra, Full case car- thread.

discounts 3 load or kegs of approxi­ 1 Base 1 discounts ! Full case7 dis­ 1 1A" and larger______All lengths (machine 60 bolts only) — cut mately 200 or 224 Carriage and Machine Bolts: thread. pounds. Diameter Length Pet. Pet. Pet. Lag bolts...... 60-5 and smaller.. 6" and shorter____ 60.52 Packing, when so or- 300 net extra A" 63.97 67.40 Stove bolts...... 76H Ho" and A "____ 6" and shorter 55.21 58.86 63.62 Plow bolts...... dered, in cases or kegs per container, to 1"...... 6" and shorter...... 60-10 W 52.71 56.61 61.48 Tire bolts...... 40-10 of less than 200 l ) i " and larger__All lengths 50.35 54.4559.55 Step bolts...... pounds. A" through 1"__Over 6" long 50-10 50.71 54.81 69.76 Elevator bolts...... 50-10 Lag bolts...... 53.71 57.51 62.34 Cold punched hex Packing, when so ordered 300 net extra Plow bolts______60.02 66.97 nuts, in bulk: in bags (any weight), per bag. Step bolts...... 51.02 59.28 H" through 1A"...... Quantity extras except on Elevator bolts...... 61.02 59.28 1%" and larger...... Hot galvanized bolts___ 35.00 35.00 Hot pressed hex or wood screws: Cold punched and hot pressed nuts, square nuts, in Items ordered in quanti- Add 500 net square or hex: bulk: ties of less than 200 lbs. per item, A" and smaller_____ 57.02 60.82 64.41 H" through 1A"____ of a size. Ho" through 1"...... 50.71 54.81 59.77 1 A" and larger...... 1A" through 1A"____ 48.71 53.01 58.06 1 A" and larger...... 47.71 62.11 57.21 (This quantity extra is in addition to extras * $2.50 per 100 pounds off list. shown above when ordered with special •List net. packing.) 3820 FEDERAL REGISTER, Friday, May 22, 1942

GROUP HI—RIVETS1 § 1301.54 Records and reports. • * * § 1303.8 Definitions. • When used in Revised Price Schedule No. 3 the term: Rivets: (e) * * * diameter and smaller. 62%%. (4) Gould and Eberhardt, Newark, N.J. (a) “ Person” includes an individual, y2" diameter and larger: shall file with the Office of Price Ad­ corporation, partnership, association, or $4.45 per 100 ministration, Washington, D. C., (i) not Less carload______any other organized group of persons, lbs. base. later than May 31,1942 a list of all con­ or legal successor or representative of any C a r l o a d (45,000 lbs. 4.25 per 100 tracts executed prior to December 10, g r o s s )______lbs. base. of the foregoing, and includes the United 1941, for the sale or delivery of any of States or any agency thereof, or any 1 River packing extras: the machine tools set forth in § 1301.51 other government or any of its political %a" diameter and (a) (9) and the quantity and type of ma­ subdivisions or any agency of the fore­ smaller: chine tools covered by each such con­ going. Kegs Of 100 to 199 tract; and (ii) the serial number of each lbs. or bags of 100 ***** lbs and u p______Add 1Jersey. Notwithstanding any other has been issued simultaneously herewith provision of this paragraph (a), on and and has been filed with the Division of r a d io Re c e iv e r s a n d phonographs after April 15, 1942, regardless of the the Federal Register. A statement of the considerations in­ terms of any existing contract of sale Sections 1303.6 and 1303.8 (a) are volved in the issuance of this amendment or other commitment, the maximum amended to read as set forth below, and is issued simultaneously herewith and price at which Gould and Eberhardt may new paragraphs (e) and (f) are added has been filed with the Division of the sell, offer to sell, deliver or transfer, and to § 1303.8, and a new § 1303.11 is added Federal Register. the maximum price at which any person as follows: Section 1336.60 (a) (2) is amended to may buy, offer to buy, or accept delivery read as set forth below: from Gould and Eberhardt of, any of the § 1303.6 Enforcement, (a) Persons two hundred (200) below listed machine violating any provisions of this Revised § 1336.60 Definitions, (a) When used tools manufactured by The Henry and Price Schedule No. 3 are subject to crim­ in Revised Price Schedule No. 83 the Wright Manufacturing Co., Hartford, inal penalties, civil enforcement actions, term: Connecticut, as subcontractor, shall be license suspension proceedings, and suits ***** the applicable price set opposite each for treble damages provided for by the (2) “ Manufacturer” means any person such machine tool. Emergency Price Control Act of 1942. regularly engaged in the manufacture (b) Persons who have evidence of any or assembly of radio receiving sets or Maximum violation of this Revised Price Schedule phonographs, but does not include a fac­ price appli­ Maximum No. 3 or any price schedule, regulation tory branch or subsidiary performing the cable to con­ price appli­ Type of machine tracts exe­ cable to all or order issued by the Office of Price function of a distributor or wholesaler. cuted prior other Administration or of any acts or prac­ ***** to December contracts 10, 1941 tices which constitute such a violation, § 1336.62a Effective dates of amend- are urged to communicate with the near­ merits ♦ ♦ ♦ 24" Industrial Shaper, est District, State or Regional Office of (c) Amendment No. 3 (§ 1336.60 (a) Standard______j ...... $3,608 $4,050 the Office of Price Administration or its (2)), to Revised Price Schedule No. 83 24" Industrial Shaper, Uni- versai______4,125 4,590 principal office in Washington, D. C. shall become effective May 21, 1942. 28" Industrial Shaper, (c) The provisions of Supplementary Standard...... 3,669 (Pub. Law 421, 77th Cong.) 28" Industrial Shaper, Uni- Order No. 5—Licensing, aré applicable to versai...... 4,191 every dealer subject to this Revised Price Issued this 20th day of May 1942. 32" Industrial Shaper, Standard______3,850 4,300 Schedule No. 3, selling, offering to sell, L e o n H e n d e r s o n , 32" Industrial Shaper, Uni- delivering or transíeiring at a price, zinc Administrator. versai...... 4,361 4,840 scrap materials to a consumer. [F. R. Doc. 42-4655; Filed, May 20, 1942; * * * * * 5:19 p. m .] *7 F.R. 1337, 1836, 2000, 2105, 2472, 2539, #2680, 2996, 3445. ! 7 F.R. 1205, 1836, 2132. * 7 F.R. 1360, 1836, 2000, 2302,. 3125. FEDERAL REGISTER, Friday, May 22, 1942 3821

[Amendment 3 to Revised Price Schedule tions of others from said date in the fat parity price for such commodity, adjusted 84 M or oil in question in any form or state by the Secretary of Agriculture for

P a r t 1336— R a d io , X - R a y a n d C o m m u n i ­ of processing including transactions in grade, location, and seasonal differen­ tials; (2) the market prices prevailing c a t io n A p p a r a t u s the oil bearing material, raw product, and crude oil. for such commodity on October 1, 1941; RADIO RECEIVER AND PHONOGRAPH PARTS Upon receipt of such application the (3) the market prices prevailing for such A statement of considerations involved Office of Price Administration will pro­ commodity on December 15, 1941; or in the issuance of this amendment is ceed to fix a maximum price or instruct (4) the average prices for such commod­ issued simultaneously herewith and has the applicant as to the method of de­ ity during the period July 1, 1919, to been filed with the Division of the Fed­ termining the same and for reporting June 30, 1929. eral Register. the price he may determine. Any price Therefore, under the authority vested Section 1336.109 (a) (2) is amended fixed or determined under this para­ in the Price Administrator by the Emer­ to read as set forth below: graph shall be subject to adjustment at gency Price Control Act of 1942, and in any time by the Office of Price Adminis­ accordance with Procedural Regulation § 1336.109 Definitions. tration. No. I,1 issued by the Office of Price Ad­ (a) When used in Revised Price ministration, Maximum Price Regulation Schedule No. 84, the term: § 1351.159 Effective dates of amend- TllCTltS ♦ * * No. 148 is hereby issued. * * * * * (b) Amendment No. 2 (§ 1351.151 (b) Authority: §§ 1364.21 to 1364.34, Inclusive, (2) “Manufacturer” means any person (7)) to Revised Price Schedule No. 53 issued under Pub. Law 421, 77th Cong. regularly engaged in the manufacture or shall become effective May 23, 1942. assembly of radio receiving sets or pho­ §1364.21 Prohibition against selling nographs, but does not included a fac­ (Public Law 421, 77th Cong.) dressed hogs and wholesale pork cuts at prices above the maximum. On and tory branch or subsidiary performing the Issued this 20th day of May 1942. function of a distributor or wholesaler. after May 21,1942, regardless of any con­ L e o n H e n d e r s o n , * * 3ft 3ft * tract, ageement, or other obligation, Administrator. no person shall sell or deliver dressed § 1336.110a Effective dates of amend­ hogs or any wholesale pork cut, and no ments. * * * [F. R. Doc. 42-4657; Filed, M ay 20, 1942; person in the course of trade or business 5:20 p. m.] (c) Amendment No. 3 (§ 1336.109 (a) shall buy or receive dressed hogs or any (2) ), to Revised Price Schedule No. 84 wholesale pork cut at a price higher than shall become effective May 21, 1942. the maximum price permitted by § 1364.22; and no person shall agree, (Pub. Law 421, 77th Cong.) P ar t 1364— F r e s h , C u r e d a n d C a n n e d M e a t a n d F is h offer, solicit or attempt to do any of the Issued this 20th day of May 1942. foregoing. The provisions of this sec­ [M axim um Price Regulation 148] L e o n H e n d e r s o n , tion shall not be applicable to sales or deliveries of dressed hogs or wholesale Administrator. DRESSED HOGS AND WHOLESALE PORK CUTS pork cuts to a purchaser if, prior to May [F . R. Doc. 42-4656; Filed, M ay 20, 1942; In the judgment of the Price Admin­ 21, 1942, such dressed hogs or wholesale 5:19 p. m.] istrator, it is necessary and proper, in pork cuts have been received by a car­ order to effectuate the purposes of the rier, other than a carrier owned or con­ Emergency Price Control Act of 1942, trolled by the seller, for shipment to such to establish as the maximum prices for purchaser; nor to sales or deliveries of dressed hogs and wholesale pork cuts dressed hogs or wholesale pork cuts for P art 1351— F o o d s a n d F ood P r o d u c t s the prices prevailing with respect thereto export under unrevoked export licenses [A mendment 2, Revised Price Schedule 53J] during the period March 3,1942 to March issued prior to March 7, 1942, where the contracts to sell were made not later FATS AND OILS 7, 1942, inclusive. Prices determined as provided in section 1364.22 reflect the than three days after March 7. A statement of the considerations in­ prices prevailing during such period. § 1364.22 Maximum prices for dressed volved in the issuance of this amend­ The Price Administrator has ascertained hogs and wholesale pork cuts, (a) Ex­ ment has been issued simultaneously and given due consideration to the prices cept as provided in paragraph (b) of herewith and has been filed with the of dressed hogs and wholesale pork cuts this section, the maximum price for each Division of the Federal Register. prevailing between October 1 and Octo­ wholesale pork cut shall be the highest A new paragraph (b) (7) is added to ber 15, 1941, and has made adjustments price at which such wholesale pork cut § 1351.151 and a new paragraph (c) is for such relevant factors as he has deter­ was listed in the price list or lists upon added to § 1351.159, as set forth below: mined and deemed to be of general ap­ the basis of which the seller made sales § 1351.151 Maximum prices for fats plicability. So far as practicable, the and deliveries at the delivery point dur­ and oils. * * * Price Administrator has advised and con­ ing the period February 16, 1942, to (b) * * * sulted with representative members of February 20, 1942, inclusive, plus the (7) If the maximum price on a par­ the industry which will be affected by this specific addition for such cut which is ticular fat or oil covered by this Revised Regulation. allowed by paragraph (f) of this section: Price Schedule No. 53 cannot be deter­ In the judgment of the Price Adminis­ Provided, (1) That where the seller, mined under subparagraphs (1) to (6), trator the maximum prices established because of unusual transportation, pack­ both inclusive, of this paragraph (b) the by this Regulation are and will be gen­ aging, and handling costs, customarily affected party shall file an application erally fair and equitable and will effec­ sold to certain buyers during the ninety with the Office of Price Administration tuate the purposes of said Act. A day period prior to March 9, 1942 at in Washington, D. C. containing: statement of the considerations involved prices higher than the list prices, he in the issuance of this Regulation has may continue to include such unusual (i) A description of the fat or oil andbeen issued simultaneously herewith and costs as are actually incurred in the showing wherein it is impossible to de­ has been filed with the Division of the sales to those buyers; and (2) That the termine a maximum price therefor Federal Register. seller must continue to allow all the de­ under said foregoing subparagraphs; The maximum prices established herein ductions or discounts from his price list Cii) A statement of the facts of all are not below prices which will reflect to or lists which were customary during the transactions since January 1, 1941, of producers of the agricultural commodi­ ninety day period prior to March 9, the applicant and all information he ties from which dressed hogs and whole­ 1942 and which were based on cost dif­ may have obtained concerning transac- sale pork cuts are produced a price for ferentials arising from low transporta­ their products equal to the highest of any tion or packaging costs or any other of the following prices therefor deter­ saving in the cost of handling; except *7 F.R. 1362, 1836, 2000, 2132, 2169, 2303, 2512, 2543. mined and published by the Secretary of * 7 F it. 1309, 1836, 2132, 3430. Agriculture: (1) 110 percentum of the * 7 F.R. 971. that the provisions of this Proviso No. he regularly Included in computing the 3822 2 of paragraph (a) shall not apply to prices charged during such period; except Fresh or Baked or frozen Cured Smoked Boiled Canned any sales of wholesale pork cuts to the that in any sale to the Federal Surplus dried Federal Surplus Commodities Corpora­ Commodities Corporation or to any pur­ tion or to any purchasing agency of the chasing agency of the armed forces of 1. Regular hams: X H% 1 1 armed forces of the United States. the United States of a wholesale pork cut Boneless.-...... - X X 1 1 IX IX . (b) (1) Where the seller customarily listed in such market quotations, the 2. Skinned hams: 1 1 IX IX 2 sold wholesale pork cuts to certain buyers maximum price for such cut shall not Boneless...... 1XIX i x IX 2 2 during the ninety day period prior to be higher than lYz cents per pound in 2X 4. Shoulders:' March 9, 1942, at prices which he fixed excess of the highest prices listed for such 1 1 IX by reference to market quotations for cut in such market quotations during the Boneless...... IX 1 X i x 2 2 2 5. Picnics: such cuts or related cuts, rather than by period March 3, 1942, to March 7, 1942. l 1 IX reference to his price list or lists, the (2) In any sale of the following items Boneless...... i x i x IX 2 2 2 maximum prices to such buyers shall be to the Federal Surplus Commodities Cor­ 6. Butts: 1 Y t W i IX the highest prices at which such cuts or poration or to any purchasing agency of Boneless...... - ...... - 2 2 2X 2X 3 3 related cuts were listed in such market the armed forces of the United States, quotations during the period March 3, the maximum price per cwt. shall be as

Fresh or , R E T IS G E R L A R E D E F 1942 to March 7, 1942, inclusive, making follows: frozen Cured Smoked Boiled Sliced Canned adjustment for the transportation, proc­ Cured W iltshire sides______$23. 50 essing and service costs which prevailed Pork Loins 8/10, 10/12 lbs______29.00 7. Bellies: during the ninety day period and which Pork Loins 12/15 lbs______27. 50 XX 1 IX IX IXIX IX 2 2 8. Loins: 2 2 2X 12 ounce Impound 2 pound 2H pound 6 pound 12 pound 3 3 4 4 4 can can can can can can X X X H X X IX IX IX Canned or packaged spiced luncheon meat made l 1 IX entirely from pork...... __...... $42.00 $39.25 $38.00 X 1 Canned or packaged spiced ham...... 43.50 40.75 30.50 i x Canned pork sausage_____ ...... $20.50 15. Canned meats"made entirely from pork______IX Canned pork sausage links...... _...... $40.00 16. For any cut not listed, the permitted addition is the amount applicable to the most nearly similar wholesale pork 31.50 cut, derived from the same primal cut, and in the same stage of processing. Canned corned pork______60.05 56.00 Canned dry salt bacon...... __ $30.00 36.25 (g) If the maximum price for any nominator basis, the maximum price Friday, 22, May 1942 41.25 37.25 wholesale pork cut cannot be determined shall be the live hog price multiplied by under paragraphs (a), (b ), (c), (d) or the average denominator (determined as (3) The maximum price at which a inclusive, to sell such wholesale pork cut (e) above, the maximum price for such hereinafter provided) in such seller’s person may sell or deliver any commodity to a similar purchaser at the nearest de­ cut shall be the maximum price (deter­ sales during such period of dressed hogs for export shall be determined in accord­ livery point, plus the specific addition for mined under said paragraphs) for the of the same class upon the same specifi­ ance with the provisions of the Maximum such cut which is allowed by paragraph most nearly similar cut derived from the cations to a similar purchaser. Such Export Price Regulation issued by the (f) of this section, making adjustment same primal cut, making adjustment for average denominator shall be determined Office of Price Administration on April for the differences between transporta­ the differential between the prices of by dividing the average price of all 25, 1942. tion charges from the seller’s shipping such cuts which the seller customarily dressed hogs of the same class sold by point to each of the two delivery points. the seller during such period upon the (c) If the maximum price for any maintains. (e) If the maximum price cannot be same specifications to a similar pur­ wholesale pork cut cannot be determined (h) The maximum price for each determined under paragraphs (a), (b ), chaser by the average price of the live under paragraphs (a) or (b) above, the dressed hog shall be determined as fol­ (c), or (d) above, the maximum price hogs purchased for such dressing. maximum price shall be the highest lows: shall be the highest price at which the (3) Where the seller did not sell price at which the seller contracted or most closely competitive seller of dressed (1) Where the seller sold dressed hogs, dressed hogs during the 30 day period agreed, during the period February 16, hogs and wholesale pork cuts contracted during the 30 day period prior to March prior to March 9, 1942, the maximum 1942 to February 20,1942 inclusive, to sell or agreed, during the period February 16, 9, 1942, upon the basis of a percentage price shall be the live hog price multi­ such wholesale pork cut to a similar pur­ 1942 to February 20, 1942 inclusive, to of the live hog price (hereinafter called plied by the average denominator (for chaser in the locality of the delivery sell such wholesale pork cut to a buyer a “denominator”), the maximum price dressed hogs of the same class sold dur­ point, plus the specific addition for such in the locality of the delivery point, plus shall be the live hog price multiplied by ing such period upon the same specifica­ cut which is allowed by paragraph (f) the specific addition for such cut which the average denominator used by the tions to a similar purchaser) of the most of this section. is allowed by paragraph (f) of this sec­ seller in sales during such period of closely competitive seller. (d) If the maximum price cannot be tion. dressed hogs of the same class upon the § 1364.23 Conditional agreements. No determined under paragraphs (a), (b ), or (f) To the seller’s highest prices for same specifications to a similar pur­ (c) above, the maximum price shall be wholesale pork cuts, as determined by chaser. seller of dressed hogs or wholesale pork the highest price at which the seller paragraphs (a), (c), (d) and (e) of this (2) Where the seller sold dressed hogs, cuts shall enter into an agreement contracted or agreed, during the period section, the following additions may be during the 30 day period prior to March permitting the adjustment of the prices February 16, 1942 to February 20, 1942 made: 9, 1942, but did not sell upon the de­ to prices which may be higher than the FEDERAL REGISTER, Friday, May 22, 1942 3823

maximum prices provided by § 1364.22, nearest field or regional office of the from pork, shall be considered a separate in the event that this Maximum Price Office of Price Administration or its prin­ wholesale pork cut. Regulation No. 148 is amended or is de­ cipal office in Washington, D. C. (3) “Price list” means the list of prices termined by a court to be invalid or § 1364.29 Petitions for amendment. in writing, prepared by the seller, upon upon any other contingency: Provided, Persons seeking modification of any pro­ the basis of which the prices of dressed That if a petition for amendment has vision of this Maximum Price Regula­ hogs or wholesale pork cuts are quoted. been duly filed, and such petition re­ tion No. 148 or an adjustment or ex­ (4) “ Sales at retail” means sales to the quires extensive consideration, the Ad­ ception not provided for therein may ultimate consumer: Provided, That no ministrator may grant an exception from file petitions for amendment in accord­ wholesaler, processor, packer, slaugh­ the provisions of this section permitting ance with the provisions of Procedural terer, purchaser for resale, commercial the making of contracts adjustable upon Regulation No. 1, issued by the Office of user, or government agency, shall be the granting of the petition for amend­ Price Administration. deemed to be an ultimate consumer, ex­ ment. Requests for such an exception § 1364.30 Licensing: applicability of cept that a sale to a purveyor of meals, may be included in the aforesaid petition General Maximum Price Regulation. by a person regularly and generally en­ for amendment. The provisions of §§ 1499.15 and 1499.16 gaged in selling at retail, made on usual § 1364.24. Exempt sales. The pro­ of the General Maximum Price Regula­ retail terms, shall be regarded as a sale at visions of this Maximum Price Regula­ tion,1 relating to registration and licens­ retail. tion No. 148 shall not apply to sales at ing, shall apply to this Maximum Price (5) “Locality of the delivery point” retail; nor to deliveries made prior to Regulation No. 148, and every person means all places at which the seller cus­ July 1, 1942, to the Federal Surplus Com­ subject to this Maximum Price Regula­ tomarily sells the same dressed hogs or modities Corporation or to any purchas­ tion No. 148 who is granted a license wholesale pork cuts at the same prices as ing agency of the armed forces of the under § 1499.16 of the General Maximum those at which he sells at the delivery United States, under contracts entered Price Regulation, shall continue to be point. into after March 23, 1942, and prior to licensed under and in accordance with (6) “ Similar” , when used in the phrase May 21, 1942. the provisions of said § 1499.16, and shall “similar purchaser”, refers to the type of § 1364.25 Less than maximum prices. register with the Office of Price Admin­ purchaser to whom the same price cus­ Lower prices than those set forth in istration at such time and in such man­ tomarily applied during the ninety day § 1364.22 may be charged, demanded, ner as the Price Administrator may period prior to March 9, 1942. paid or offered. require pursuant to § 1499.15 of the Gen­ (b) Unless the context otherwise re­ § 1364.26 Evasion. The price limita­ eral Maximum Price Regulation. quires, the definitions set forth in section tions set forth in this Maximum Price § 1364.31 Applicability of General 302 of the Emergency Price Control Act Regulation No. 148 shall not be evaded, Maximum Price Regulation. Except as of 1942 shall apply to other terms used whether by direct or indirect methods, provided in § 1364.30, the provisions of herein. in connection with an offer, solicitation, this Maximum Price Regulation No. 148 § 1364.33 Revocation of Temporary agreement, sale, delivery, purchase, or supersede the provisions of the General Maximum Price Regulation No. 8. Tem ­ receipt of, or relating to, dressed hogs or Maximum Price Regulation with respect porary Maximum Price Regulation No. 8 wholesale pork cuts, alone or in conjunc­ to sales and deliveries for which maxi­ (§§ 1364.1 to 1364.13, inclusive), which tion with any other commodity, or by mum prices are established by this was issued March 9, 1942, and which was way of any commission, service, trans­ regulation. to expire on May 21, 1942, is hereby re­ portation, or other charge, or discount, § 1364.32 Definitions, (a) When used voked and is replaced by this Maximum premium, or other privilege, or by tying- in this Maximum Price Regulation No. Price Regulation No. 148. agreement or other trade understanding, 148, the term: § 1364.34 Maximum or by changing the selection or grading Effective date. or the style of cutting, trimming, curing, (1) “Person” means individual, cor­ Price Regulation No. 148 (§§ 1364.21 to smoking, cooking, drying, or otherwise poration, partnership, association, car 1364.34, inclusive) shall become effective processing or the canning, wrapping or route, packer’s branch house, or other May 21, 1942. packaging of wholesale por1' cuts. organized group of persons, or legal (Pub. Law 421, 77th Cong.) § 1364.27 Records and reports, (a) successor or representative of any of the Issued this 20th day of May 1942. Every person making a sale of any foregoing: dressed hogs or wholesale pork cuts on (2) “Wholesale pork cuts” means all L e o n H e n d e r s o n , and after May 21, 1942, in the course of cuts derived from the carcass of the hog, Administrator. trade or business or otherwise dealing dressed with head off and kidney and leaf lard out, including but not limited [F . R. Doc. 42-4652; Filed, M ay 20, 1942; therein, shall make and preserve com­ 5:18 p. m.] plete and accurate records of each such to the following: sale, showing the date thereof, the name (i) Hams, shoulders, picnics, butts, and address of the buyer and seller, loins, spare ribs, bellies, fat backs, plates, the quantity and weight of all wholesale jowls, feet, tails and neck bones, includ­ P art 1355— L ead pork cuts sold, and the price charged or ing all combinations of such cuts and all [Amendment 2, Revised Price Schedule 70 *] received therefor. cuts or trimmings derived from such cuts LEAD SCRAP MATERIALS; SECONDARY LEAD, (b) Persons affected by this Maxi­ or from the hog carcass but not including INCLUDING CALKING LEAD; BATTERY LEAD mum Price Regulation No. 148 shall sub­ sausage other than canned sausage. SCRAP; AND PRIMARY AND SECONDARY mit such other reports to the Office of (ii) Rough or trimmed, bone in or in ANTIMONIAL LEAD Price Administration as it may from boneless, whole or sliced. time to time require. (iii) Fresh or frozen, cured, smoked, A statement of the considerations in­ § 1364.28 Enforcement, (a) Persons cooked, dried, or canned. volved in the issuance of this amend- violating any provision of this Maximum (iv) Loose, wrapped or packed. mend has been issued simultaneously herewith and has been filed with the Price Regulation No. 148 are subject to Cuts of each weight range, and of each Division of the Federal Register. the criminal penalties, civil enforcement brand or grade, and in each stage of Sections 1355.60 and 1355.62 (k) are actions, and suits for treble damages processing, if customarily priced sepa­ amended to read as set forth below, and provided for by the Emergency Price rately, shall be considered separate new paragraphs (r) and (s) are added Control Act of 1942, and proceedings for wholesale pork cuts, except that fresh to § 1355.62 as follows: the suspension of licenses. and frozen cuts shall not be considered (b) Persons who have evidence of any separate wholesale pork cuts. Pork trim ­ § 1355.60 Enforcement, (a) Persons violation of this Maximum Price Regu­ mings of each grade and in each stage of violating any provisions of this Revised lation No. 148 or any price schedule, reg­ processing shall be considered separate Price Schedule No. 70 are subject to ulation, or order issued by the Office of wholesale pork cuts. Each type of criminal penalties, civil enforcement ac­ Price Administration or of any acts or canned or packaged meat, made entirely tions, license suspension proceedings, practices which constitute such a viola­ tion are urged to communicate with the 17 F R . 3153, 3158. *7 F.R. 1341, 1836, 2000, 2132, 2188, 2542. 3824 FEDERAL REGISTER, Friday, May 22, 1942 and suits for treble damages provided of this Maximum Export Price Regula­ partment of State prior to April 30, 1942, for by the Emergency Price Control Act tion, regardless of the terms of any con­ the effective date hereof: Provided, That of 1942. tract of sale or purchase, or of any the exception here granted shall apply (b) Persons who have evidence of any export license thereafter issued by to exports under general or unlimited violation of this Revised Price Schedule the Board of Economic Warfare, no ex­ licenses issued by the Board of Economic No. 70 or any price schedule, regulation porter shall sell, offer to sell, transport, Warfare only if the contract of export or order issued by the Office of Price ship, or participate in the transportation sale was entered into prior to April 30, Administration or of any acts or prac­ or shipment of, any commodity in an 1942 and the commodity is actually tices which constitute such a violation, export sale at a price in excess of the transported outside of the Continental are urged to communicate with the near­ following maximum export prices: United States prior to July 1, 1942. est District, State or Regional Office of ***** (a) In the case of an exporter other the Office of Price Administration or its § 1375.5 Definitions, (a) When used than the manufacturer or producer of principal office in Washington, D. C. in this Maximum Export Price Regula­ the commodity, the maximum export (c) The provisions of Supplementary tion the term: price shall be either the price at which Order No. 5—Licensing, are applicable such commodity was acquired for export (1) “Export” means any sale between to every dealer subject to this Revised or the maximum domestic price, if any, a seller in the Continental United States Price Schedule No. 70, selling, offering applicable to the sale of the commodity and a purchaser outside thereof in which to sell, delivering or transferring lead to the exporter, whichever is higher, plus the commodity sold is transported from scrap materials and battery lead scrap, the additions thereto authorized by par­ the Continental United States to a point to a consumer. outside thereof and includes any sale * * * * * agraphs (a) and (b) of § 1375.2, less any drawback of import duties or any export of commodity outside the Continental § 1355.62 Definitions. When used in subsidy to which the exporter is entitled United States by an agent of the ex­ Revised Price Schedule No. 70, the term: upon export of the commodity. porter or by a corporation owned or ***** controlled by the exporter within a pe­ (b) In the case of an exporter who is riod of two years after the date of ship­ (k) “ Person” includes an individual, tile manufacturer or producer of the ment of the commodity from the Con­ corporation, partnership, association, or commodity to be exported, the maximum any other organized group of persons, tinental United States. export price shall be his maximum do­ ***** or legal successor or representative of mestic price for the commodity to a pur­ any of the foregoing, and includes the chaser of the same class as the export § 1375.9 Effective dates of amend­ United States or any agency thereof, or purchaser, or, in case there is no such ments. (a) Amendment No. 1 (§§ 1375.1, any other government or any of its po­ price, shall be his maximum domestic 1375.2 (a ), 1375.4 (a ), 1375.5 (a) (1), litical subdivisions or any agency of the price to a similar purchaser for the most 1375.9) to Maximum Export Price Regu­ foregoing. nearly similar commodity of equal or lation shall become effective May 25, ***** lower quality or grade or, in the absence 1942. (r) “Dealer” means an individual, of both of the foregoing, the highest price (Pub. Law 421, 77th Congress) corporation, partnership, association, or at which the commodity to be exported Issued this 20th day of May 1942. any other organized group of persons, was sold to a similar purchaser in the or the legal successor or representative domestic market on the date the contract L e o n H e n d e r s o n , of any of the foregoing, whose business of export sale was entered into, plus the Administrator. includes the acquisition of any material addition^ thereto authorized by para­ [F . R. Doc. 42-4646; Filed, M ay 20, 1942; for the purpose of sale as waste, scrap graphs (a) and (b) of § 1375.2 hereof, fi:14 p. m .] or salvage materials. less any drawback of import duties or (s) “Consumer” means any person any export subsidy to which the exporter who processes any lead scrap materials is entitled upon export of the commodity. P a r t 1400— T e x t il e F a b r ic s : C o t t o n otherwise than by sorting, cleaning, bal­ § 1375.2 Additions to cost or domestic W o o l , S i l k , S y n t h e t ic s a n d A d m ix ­ ing, compressing or reducing in size by price, (a) An amount, not in excess of t u r e s any means. the average premium for the particular [Amendment 3 to Maximum Price Regula­ ***** services or functions performed charged tion 118 M in the export trade on similar exports § 1355.63a. Effective dates of amend- COTTON PRODUCTS merits. * * * during either the period July 1-December (c) Amendment No. 2 (§§ 1355.60, 31, 1940, or March 1-April 15, 1942, A statement of the considerations in­ 1355.62 (k), (r) and

trolling, controlled by, or under com­ § 1400.118 Specific maximum prices (i) BLEACH ED AN D SOLID COLOR FLA NNE LS mon control with the producer,8 or (b) for certain cotton products, (a) The to retail sales® of cotton products made effective dates of the, maximum prices Finished weight by the producer thereof through a retail set forth in (d) below are as follows: Width (yds. per lb., Cents per market desig­ yd- establishment owned, maintained and nation) regularly operated by such producer (1) For grey moleskins, flannels, grey prior to May 4, 1942: Provided, That the soft-filled sheeting, warp sateens, woven table and laundry felts, carded grey 36”...... 3.00 1894 maximum prices established herein shall 36”...... 13.00 19)4 apply to all sales and deliveries to a con­ gabardines, grey coutils, and ducks: May 36”...... _...... 3.25 17)4 25, 1942. 36”...... 3.50 16)4 verter or finisher. 36”...... _...... 3.75 15)4 § 1400.112 Details required in con­ (b) Each maximum price set forth in 36”...... 4.00 14)4 36”,...... 4.50 13)4 tract of sale or invoice, (a) Every seller (d) below shall apply, in lieu of the max­ 36”...... -...... 4.75 1244 of cotton products, with respect to each imum price established by § 1400.101 (b) 30”...... 4.35 \%h 30”...... 4. 75 1244 contract of sale thereof, shall deliver to and (d), to 30”...... 5.40 1144 the purchaser a written contract of sale 27”...... 4.00 UH (1) Contracts of sale entered into on which shall contain, in addition to the 27”...... 4.50 1344 or after the effective date of the max­ 27”...... __ 4.65 12 U terms thereof, (1) the date on which the 27”...... imum price set forth in (d) below and 4.80 12)4 sale or contract of sale was made; (2) a 27”...... 5.00 12 deliveries against such contracts; 27”...... 5.50 li H full description of each type, construc­ (2) Deliveries of cotton products to 27”...... 6.00 10 H tion, and grade of cotton product sold, 27”...... __ 6.50 10 which title has not passed (within the including the number of yards or other terms of the Worth Street Rules) to the units of measure or quantity per pound; 1 Twills. purchaser prior to said effective date, and (3) if the applicable maximum price except deliveries pursuant to contracts is established by § 1400.101 (b) and (d), For special colors and sanforizing a entered into on or after May 4, 1942 and a computation of such maximum price, seller may add to the above prices an prior to said effective date; and in the form set forth below, for each amount not exceeding his extra charge (3) Contracts of sale and deliveries therefor during March 1942. type, construction, and grade sold. made “on memorandum” (pursuant to The above maximum prices are to be * * * * • permission granted in paragraph (e) of discounted as follows for irregulars: § 1400.115 Definitions. § 1400.101) within 30 days prior to said (a) effective date. * * * * * (c) In addition to the maximum Cents per yard (5) "Cotton products” prices set forth in (d ) below, a seller Heavier * * * * * may charge for special put-up or special 4.50 yd. and than packaging a premium not in excess of lighter (ii) The term does not include 4.50 yd * * * * * such extra charge as he made for the same put-up or packaging during the Seconds...... H H (d) Colored-yarn or finished fabrics base period. Short lengths: predominantly used for upholstery, fur­ Bundles of 10 to 20 yd. pieces. H H (d) The following are established as Bundles of 2 to 9.99 yd. pieces 1)4 144 niture and automobile slip-covers, or maximum prices for all types, construc­ draperies; tions, and grades of cotton products * * * * * listed hereunder.“ (ii) F A N C Y W O V E N O UTING F LA N N E LS (i) Bags, other than woven seamless (1) Grey moleskin. bags; 34% ”, 176 threads per Cents per yard * * * * * Finished s q u a r e inch, 1.60-1.70 weight yards per pound______26 cents per yard. (iii) The term includes, without lim i­ (yds. per Un­ Un­ Width lb., Bleached tation except as provided in (ii) above: (2) Flannels. The maximum prices market bleached bleached warp, un­ warp, warp, designa­ ***** for flannels set forth below are subject bleached bleached bleached tion) filling Bags, seamless woven to terms of two per cent 10 days, 60 filling filling ***** extra, with anticipation at the rate of 6 per cent per annum where payment is 36”...... 3.50 1644 1744 made after 9 days. 36”...... 3.65 16)4 17)4 •The term "producer,” as used herein, in­ 36”...... 13.72 1544 36”...... cludes converter, finisher, or fabricator. 4.00 UH 15)4 n The maximum prices established by this 36”...... 4.50 13)4 1344 •The term "retail sales,” as used herein, 36”...... 4.75 1244 section apply only to goods "consisting ba­ means sales in small quantities to ultimate 36”...... 5.00 12)4 sically of cotton,” as defined in section 25”-26”__ 7.00 9)4 consumers for direct household consumption, 1400.115 (a ) (4 ). and not for further processing or resale in Unless the contrary is stated, all numbers any form. 1 Treas. Department Proc. Div. Spec. No. 395, Type 2 used herein are inclusive. (Nov. 6,1939). No. 100- ■4 3826 FEDERAL REGISTER, Friday, May 22, 1942

For light checks, dust stripes, dustones, For sanforizing a seller may add to the (vi) IN T E R L IN IN G F LA N N E L dark stripes, and dark checks a seller above maximum prices an amount not may add to the above prices an amount exceeding his charge therefor during Cents per yard not exceeding the differential over the March 1942. Weight (yds., per lb., all widths) price of light stripes charged by him The above maximum prices are to be Mottle Black during the base period. discounted as follows for irregulars. 1.75...... 24.95 26.66 2.00...... 22.25 23.75 Bundles of 2.25...... 20.16 21.49 Type of goods Seconds Bundles of 10-20 yd. pieces 2-9.99 yd. 2.50-...... 1___ 18.48 19.68 pieces 2.75...... 17.11 18.20 3.00 ...... 15.96 16.96 3.25...... 14.99 15.92 25"-26" goods...... W per yd. 3.50...... 14.16 15.02 5.00 yd. goods...... %?S per yd. on 20% of the %ÿ per yd. on 20% of the 3.75...... 13.45 14.25 order. order. 4.00...... 12.82 13.57 4.50 and 4.75 yd. goods...... %0 per yd...... 4.10...... 12.59 13.32 4.50 yd. and lighter goods...... 1%£ per yd. 4.25...... 12.26 12.97 Goods heavier than 4.50 yd...... Vit per yd. 4.50...... 11.77 12.44 4.75...... 11.33 11.96 5.00 ...... 10.93 11.53 5.25...... 10.57 11.14 (iii) FANCY AND PLAIN WOVEN SHIRTING For bleached goods the maximum 5.50...... 10.25 10.79 ______FLA N N E LS 5.75...... 9.94 10.47 prices are 1 cent per yard higher than 6.00...... 9.67 10.17 Finished 6.25...... 9.42 9.90 weight Cents the above. 6.50...... 9.19 9.65 8.97 Type (all widths 36") (yds. per per The above maximum prices are to be 6.75...... 9.42 lb.), market yard 7.00...... 8.78 9.20 destination discounted as follows for irregulars: The above maximum prices are to be Woven domets...... 4.20 15% discounted as follows for irregulars: 3.60 17 % Cents per yd. Plain-color twills...... __ 3.00 20 % Percent 2.66 23 For seconds______5 2.28 25 Goods Goods 2.00 26)2 4.50 yds. heavier For short lengths: Plaids...... 3.50 19)6 per lb. than 4.50 10 to 20 yards______5-5 3.00 21)6 and yds. per 2 to 9.99 yards______10-10 2.66 24 lighter lb. 2.28 26)6 (vii) Other flannels. For flannels of Seconds...... % % any type, construction, or grade not cov­ The above prices apply to all put-ups Bundles of 10-20 yd. pieces...... % % ered by the maximum prices in (i) to of full pieces. Bundles of 2-9.99 yd. pieces...... IX 1% (v i), inclusive, above, the maximum price For sanforized goods, the following shall be a price in line w ith 12 said max­ extra charges may be made: imum prices. Cents Finished (unsanforized) weight: per yard (v) GLOVE A N D M IT T E N F L A N N E L (3) Grey soft-filled sheeting. The 3.50______4 base maximum prices for grey soft-filled [Cents per yard] 3.00______4% sheeting shall be as follows:

2.66______6^4 Cents per 2.28...... 6 pound Ounces per The above maximum prices are to be yd. (pro­ Class A (average yarn numbers up to discounted as follows for irregulars: rated to 15s, inclusive)______40.5 34" width) Class B (average yarn numbers 16s to ground ground with stripe blue stripe with with white colors cial” 21s, inclusive)______41.5 Unbleached Light yellow Blue ground Cents per yard "spe­ in Stripes Class C (average yarn numbers 22s to !.. j j fleece Golden 25s, inclusive)______43.0 Plaids and 5)6...... 15% 15% 16 16% Class D (average yarn numbers above Woven 6...... 17 17% domets plain-color 17% 19 18% 25s) ...... 45.0 twills 7...... 18% 19% 20 21% ■ 20% 8______20)4 21% 22 23% 23 9...... 23% 24% 24% f 26% 25% The following premiums may be added Seconds______% 1% 10...... 25% 27 27% 28% 28% to the above base-maximum price: Bundles of 10-20 yd. pieces___ -.. % 1% 11...... 28% 29% 30% 31% Bundles of 2-9.99 yd. pieces...'.. 1% 2% 12...... 30% 32% 32% 34% 34'~ Cents per 13...... 33% 34% 35% 36% yard 14...... 35% 37% 37% 39% (iv) CANTON FLANNELS (JOÈBÉR TYRE) For goods 3.32 yards per pound and heavier before napping (weight to be Finished prorated to 42 inches for goods over weight (yds. Cents per 42 inches in width) ______1 yard (un­ The above maximum prices are to be Width per lb., mar­ For goods 3.33 yards per pound and ket designa­ bleached discounted as follows for irregulars: tion) goods) lighter before napping (weight to be prorated to 42 inches for goods over 42 Cents per yard Inches in width)______% 28)6"...... 4.60 12 % For seconds.______y2 For goods made with feeler motion_____ % 28"...... 4.00 13% For short lengths: 28"...... >...... 3.60 15 33)6"...... A ...... 3.50 16 20 to 40 yards______% 18 For definition of the term “in line with,” 10 to 19.99 yards______iy 2 see footnote 5 above. FEDERAL REGISTER, Friday, May 22, 1942 3827

Cents per price, determined from (ii) through (xii) premiums may be charged for special yard below, less the following percentages: widths: For single napping: Gocds less than 40 inches in width Percent Inches Cents per pound after n ap p in g ______% Seconds and two-piece rolls______5 73 and w id e r.______4 Goods 40 inches and over in width after Short lengths: 723% to 61______3 n ap p in g ______1 20.01 to 40 yards______10 60% to 54______2 For double napping: 10.01 to 20 yards______15 533% to 4 0 % ...... ?-...... 1 Goods less than 40 inches in width 2.01 to 10 yards______25 28% to 22______2 after napping-______1 213% to 16...... — 5 Goods 40 inches and over in width For pieces 2 yards or less in length, the after napping______1% maximum price shall be 20.37 cents per (iv) Double-filling ounce duck (flat The maximum prices for Per cent pound. duck), (a) double-filling ounce duck shall be sub­ For goods over 42 inches in width as (ii) Numbered duck (wide, sail, narrow, ject to terms of 2 per cent 10 days, net sold: and harvester). The maximum prices 60 days, f. o. b. mill, actual freight to If napped add to napped price______10 for numbered duck shall be 35 per cent If unnapped add to the unnapped destination (not to exceed $1.00 per cwt.) off the list (established February 4,1935), price 4.______10 allowed. subject to terms of 2 per cent 10 days, net (b) The base maximum prices for (4) Warp sateens. 60 days, f. o. b. mill, actual freight (not double-filling ounce duck shall be the Construction: Cents per yard to exceed $1.00 per cwt.) to destination card14 prices based on 20% cents and, 30% inches 118 x 64 2.25 yard______20% allowed. For constructions designated as for widths and weights other than those 34 indhes 118 x 64 2.00 yard_____ -2 2 % non-standard on the established list, a included in the established card, a price 30% inches 118x64 2.85 yard______16% premium of 5 per cent over the otherwise prorata to the base maximum prices per 34 inches 108x56 3.00 yard______15% applicable dollars-and-cents maximum 36 iliches 104x68 1.62 yard______26% pound for double-filling ounce duck of price may be charged in connection with the nearest width and weight included (5) Woven table and laundry felts. orders of less than 15 rolls. in the card. Width (inches): Cents per yard (iii) Single-filling ounce duck (flat (c) For “B” grade (i.e., duck made of 48-______67% duck), (a) The maximum prices for off-grade cotton or part-waste yarns), 54-...... 74 single-filling ounce duck shall be subject the maximum price shall be 1 cent per 64-______85% to terms of 2 per cent 10 days, net 60 72-..... 96% pound less than the base maximum price. days, f. o. b. mill, actual freight to desti­ (d) In addition to the otherwise ap­ The above maximum prices are for nation (not to exceed $1.00 per cwt.) plicable maximum price, the following felts which prorate to a finished weight allowed. premiums may be charged for special of 19 to 20 oz. on a 54" basis. For felts (b) The base maximum prices for widths: of other weights or of widths other than single-filling ounce duck shall be the Cents per those listed, these maximum prices shall card18 prices based on 19% cents and, for Pound be adjusted in accordance with the cents- widths and weights other than those in­ 73 inches and wider______4 per-yard differentials observed by the cluded in the established card, a price 61 inches to 72 3% inches______3 pro rata to the base maximum price per 60% inches to 54 inches______1______2 seller during June 1941. 53% inches to 40% inches______l The following quantity discounts are pound for single-filling ounce duck of the 28% inches to 22 inches______2 to be accorded to purchasers: nearest width and weight included in the 21% inches to 16 inches______5 Compound card: Provided, That the base maximum (v) discount, prices for the following special construc­ Army duck (including shoe duck). Cases: percent tions shall be the base maximum price (a) The maximum prices for Army duck 1-4— ___ 5-5-2% for the 29" 8 oz. construction, plus the shall be subject to terms of 2 per cent 10 days, net 60 days, f. o. b. mill, actual 5-9______5-5-5 following premiums: 10-24. . 5-Ö-5-2 % freight to destination (not to exceed 25-49. ___ 5-5—5-5 $1.00 per cwt.) allowed. 50 and over. 5—5-5-5—2% Premium (b) The base maximum prices for Army Weight Prorata Type (cents per duck shall be 33 per cent less than the The maximum prices for felts set forth (ounces) to— pound) below are subject to terms of two per­ list prices (established April 9,1934) and, for widths and weights other than those cent 10 days, 60 extra, with anticipation Inches at the rate of 6 percent per annum 8.80 30}é * None included in the established list, a price where payment is made after 9 days. Gem...... 9.00 Z0H None prorata to the base maximum price per Gem ...... 8.00 30H None pound for Army duck of the nearest (6) Grey carded gabardines. Gem.\...... 7.00 30 m width and weight included in the list: Cents per yard Paulin...... 15.00 36 X instruction: Paulin...... 18.00 36 H Provided, That the base maximum price 40" 110 x 76 1.75______27.50 Plastic...... 8.00 36 2H 40" 110 x 64 1.85_____ ...... 26.00 Plastic...... 10.6 36 m for the following special constructions 40" 110 x 76 2. 00______25.00 Plastic...... 11.0 36 shall be the base maximum price for the Plastic...... 15.2 36 H 51" 100 x 68 1. 54_____ ...... 35. 75 28%" 8 oz. construction, adjusted by the following differentials: (7) Grey coutils. Construction: Cents per yard (c) For “A A ” grade (i. e., duck made Weight (oz.) Prorata to (inches) Differentials 40% " 104 X 84 2.05______24% entirely of clean cotton and having a 38" 112 x 56 2.73______18% total thread count per square inch of 4 0 % " 96 X 64 2.44______20% ( Cents per lb.) not less than 110), the maximum price 10...... 40 Add 2. 40% " 112 X 68 1.79...... 26 shall be 1 cent per pound high«1 than l ì ...... ; ...... 40 40 % " 120 x 76 1.55______30% the base maximum price; for “B ” grade 12...... 40 4 0 % " 96 X 80 2. 05— ...... 24% 7...... 30M Add 2. 4 0 % " 96 X 68 2.05______23 (i. e., duck made of off-grade cotton or 8 ...... 30 Add H. 8.65 ...... 30 None. 40%" 96 x 64 2.25______213% part-waste yarns) the maximum price 8.95...... 30 None. 41" 104 x 68 2.05______235% shall be 1 cent per pound less than the 12.90 ______30H Deduct in. 38" 96 X 68 3.00______183% 13.65...... 30 n Deduct lH- base maximum price. 13.30 ...... 37 Deduct (8) Ducks (.in the grey)— (i) Irregu­ (d) In addition to the otherwise ap­ 9.00 37 Add 2. 8.00...... 37 Add 3. lars of all ducks. For irregulars of any plicable maximum price, the following 7.50 ...... 37 Add 4. duck the maximum price shall be the 7.00...... - 37 Add 5. applicable dollars-and-cents maximum 13 Card established March 2, 1931. 3828 FEDERAL REGISTER, Friday, May 22, 1942

(c) In addition to the base maximum premiums may be charged for special (d) The term “ laundry roll cover price, the following premiums may be widths: duck,” as used herein, means duck made charged for special widths: Cents per lb. of plied warp and filling, 72" to 90" in Cents 2" to 3%"...... 10 width, and not heavier than 29 ounces per 4" to 5% " ...... 4 per yard on a 90" basis. pound 6" to 7%"...... - — - 3 8" to 11%"...... — 1% >(x) Chafer fabrics, (a) The maximum 73 inches and over______— ------4 prices for chafer fabrics are subject to 72% inches to 61 inches______- 3 12" to 15%"...... % 60% inches to 54 inches______2 61 %" to 73"------1 terms of net 10 days, f. o. b. mill, no 53% inches to 40% inches______,— - 1 73% to 84"...... 2 freight allowed. 28% inches to 22 Inches - ______2 • 84% " to 90"...... 3 (b) The base maximum price for chafer 90%" to 100"...... - 4 21% inches to 16 inches------5 fabrics shall be 37% cents per pound. 15% inches to 10 inches______10 (e) No premium shall be charged for (c) For chafer fabrics having any of 9% inches to 7 inches______13 lengths over 185 yards per roll. 6% inches and under------21 the following characteristics, the max­ (viii) Enameling duck, (a) The imum price shall be the same maximum (vi) Wagon-cover duck (double-filling maximum prices for enameling duck are price adjusted by the applicable differ­ flat duck), (a) The maximum prices subject to terms of 2 per cent 10 days, ential: for wagon-cover duck shall be subject to 60 extra (with anticipation allowed for Cents terms of 2 per cent 10 days, net 60 days, payment after 9 days at 6 per cent per per f. o. b. mill, actual freight to destination annum), f. o. b. mill, actual freight to Weight (ounces per square yard): pound Over 15______Deduct 1. (not to exceed $1.00 per cwt.) allowed. destination (not to exceed $1.00 per cwt.) 11 to 1234...... Add 1. (b) The base maximum prices for allowed. 9 to 10%...... - ...... Add 2. wagon-cover duck shall be the card15 (b) The base maximum price for Under 9...... Add 3. prices based on 20% cents. enameling duck shall be 44% cents per Total thread count per square inch: Under 45______.1 Deduct 1. (c) For “B” grade (i. e., duck made of pound. This base maximum price shall off-grade cotton or part-waste yarns), Over 65______Add 1. apply, without any differential adjust­ Plied yarns throughout______Add 6. the maximum prices shall be 1 cent per ment, to double-filling constructions pound less than the base maximum prices. which are 38" to 52" in width and which (d) The term “chafer fabrics,” as used (vii) Hose and belting duck, (a) The are prorata to weights of 9 to 10.25 oz. herein, means fabrics of plain weave, following maximum prices for hose and on a 38" basis. made of single yarns, having an approxi­ belting duck are subject to terms of net (c) For single-filling enameling duck mately square count, and weighing from 10 days, f . o. b. mill, no freight allowed. the maximum price shall be 1 cent per 7 to 18 ounces per square yard. (b) The base maximum price for hose pound less than the base maximum price. (x i) Oil press duck (naught duck), and belting duck (other than standard (d) In addition to the otherwise ap­ (a) The maximum prices for oil press stitched belting duck) shall be 39% cents plicable maximum price, the following duck shall be subject to terms of 2 per per pound. As used herein, the term premiums may be charged: cent 10 days, net 60 days, f. o. b. mill, “standard stitched belting duck” means Premium actual freight to destination (not to ex­ belting duck made for manufacturers of For weight (ounces prorata to 38 inches): ceed $1.00 per cwt.) allowed. stitched belt, weighing 26 oz. or more per 8% to 8...... 1 (b) The base maximum price for oil square yard, having 16 or less picks per 7% to 6% ...... 2 press duck shall be 43 cents per pound. inch, and containing no yarns finer than U nder 6% ...... - ...... 3 This base maximum price shall apply, 8s. For width (inches) : without any differential adjustment, to 52% to 61% ...... — 1 (c) The maximum price for hose and plain weave ducks in numbers from 3/0 belting duck (other than standard 61% to 72...... 2 Over 72------4 to 12/0 and in widths from 42" to 56" stitched belting duck) having any of the and from 12" to 17%". characteristics set forth hereunder shall (ix) Laundry roll cover duck (plied (c) The maximum price for oil press be the base maximum price plus or minus warp and filling), (a) The maximum duck of the following widths shall be the the applicable differential: prices for laundry roll cover duck are base maximum price adjusted by the fol­ subject to terms of 2 per cent 10 days, Weight per sq. yd.: Cents per lb. lowing differentials for width: 24 to 36 oz______Deduct % . net 60 days, f. o. b. mill, actual freight 8 to 14.3 oz______- ______Add 1. to destination (not to exceed $1.00 per Cents per pound Filling count per inch: cwt.) allowed. 18 inches to 29% inches.*______Deduct 2. 30 inches to 41% inches______Deduct 1. 16 and less______* ______Deduct 1. (b) The base maximum price for laun­ 11% inches to 6 inches______Add 2. Over 19 but not more than 23____ Add 1. dry roll cover duck shall be 50% cents 5 inches and 4 inches______Add 4. Over 23 but not more than 27____ Add 2. 2 inches______,______Add . Presence of yarns in either warp or filling per pound. 8 or both : (c) For fabrics having any of the fol­ (xii) Filter twills, (a) The maximum lowing characteristics, the maximum Finer than—■ But not finer than— Add prices for filter twills set forth below 8s 10s...... ___ 1. price shall be the base maximum- price are subject to terms of 2 per cent 10 10s 13s______2. adjusted in accordance with the follow­ 13s 15s______8. days, net 60 days, f. o. b. mill, actual 15s 18s______4. ing differentials: freight to destination (not to exceed 18s 21s...... 5. Weight (ounces prorata to 90 $1.00 per cwt.) allowed. 21s 23s_ ___ 6. inches) : Cents per pound Under 21------...... Add 1. (b) The base maximum price for fil­ W idth: Add ter twills shall be 43 cents per pound. Less than 36": for every 4 inches or 23 to 23%------24 to 24%------fraction thereof by which the width This base maximum price shall apply, 25 and heavier------______Deduct 2. is less than 36” ______L .— % without any differential adjustment, to More than 72"______2 Total thread count per square constructions weighing 22 ounces or inch: (d) The base maximum price for 80 to 89______more per square yard, having a warp standard stitched belting duck shall be 96 to 99______...... Add 1. count of 30 to 70 ends per inch and a _ Add 2. 38% cents per pound. In addition to 100 to 105...... filling count of 20 to 25, and in widths this base maximum price the following Yarns of more than two ply: from 29" to 40". Three-ply yarns in w arp or (c) In addition to the base maximum filling or both------...... Add 2. price, the following premiums may be 18 The established card heretofore used in Four-ply yarns in w arp or the trade. filling or both.....______Add 4. charged: FEDERAL REGISTER, Friday, May 22, 1942 3829

Cents mentary Order No. 5. “Consumer” shall “Dealer” shall in this paragraph (c) per in this paragraph (c) and this paragraph and this paragraph only have the mean­ For weight (ounces per square yard) : Yard only mean a person who performs any or ing given to it by Supplementary Order 21% to 19%______1 a combination of more than one of the No. 5. “Consumer” shall in this para­ 19 to 16%______2 graph (c) and in this paragraph only 16 to 13 %______3 processes of blending, sterilizing, dusting, Less than 13%______4 stripping, dyeing, picking, carding, oiling mean a person who performs any or a For width (inches) : or gametting on rayon waste or who uses combination of more than one of the Under 20______4 rayon waste in any manufacturing proc­ processes enumerated in subparagraph 24% to 20______2 ess. (a) (3) of § 1410.78 on wool waste ma­ 28% to 25...... 1 § 1401.57 Definitions. When used in terials or who uses wool waste materials 40% to 54...... 1 Price Schedule No. 90, the term: in the manufacture of woolen yarn or in 54% to 60...... =______2 any other manufacturing process. 60% to 72...... 3 (a) “Person” means an individual, Over 72__ .______4 § 1410.78 Definitions, (a) When used corporation, partnership, association or in this Maximum Price Regulation No. For picks per inch: any other organized group of persons or 123, the term: 26 to 30______1 legal successor or representative of any of 31 to 35______2 (1) “ Person” includes an individual, 36 to 40______;__ 3 the foregoing, and includes the United 41 to 45...... 4 States or any agency thereof, or any corporation, partnership, association or 46 to 50______5 other government or any of its political any other organized group of persons or 51 to 55____ 6 subdivisions or any agency of the fore­ legal successor or representative of any § 1400.117 Effective dates of amend­ going. of the foregoing, and includes the United ments. * * * * * States and any agency thereof, or any * * * * * other government or any of its political § 1401.58a Effective dates of amend­ subdivisions, or any agepcy of the fore­ (c) Amendment No. 3 (§§ 1400.104; ments. (a) Amendment No. 1 (§§ 1401.55, going. 1400.112 (a ); 1400:115 (a) (5) (ii) (d), 1401.57 and 1401.58a) to Revised Price ***** (5) (ii) (i), (5) (iii); 1400.118) shall be­ Schedule No. 90 shall become effective come effective May 25,1942. May 20, 1942. § 1410.79a Effective dates of amend­ ments. (a) Amendment No. 1 (§§ 1410.76, (Pub. Law 421, 77th Cong.) (Pub. Law 421, 77th Cong.) 1410.78 and 1410.79a) to Maximum Price Issued this 20th day of May 1942. Issued this 20th day of May 1942. Regulation No. 123 shall become effective L e o n H e n d e r s o n , L e o n H e n d e r s o n , May 20, 1942. Administrator. Administrator. (Pub. Law 421, 77th Cong.) [F. R. Doc. 42-4648; Filed, May 20, 1942; [F. R. Doc. 42-4654; Filed, May 20, 1942; Issued this 20th day of May 1942. 5:16 p. m.] 5:19 p. m .] L e o n H e n d e r s o n , Administrator.

P a r t 1401— S y n t h e t i c T e x t il e P r o d u c t s [F. R. Doc. 42-4650; Filed, M ay 20, 1942; P art 1410— W o o l 5:17 p. m.] [Amendment 1 to Revised Price Schedule 90 *] [Amendment 1 to Maximum Price Regula­ tion 123 *] RAYON WASTE RAW AND PROCESSED WOOL WASTE [Order No. 1] A statement of the considerations in­ MATERIALS volved in the issuance of this Amend­ P art 1499— C o m m o d it ie s a n d S e r v ic e s ment has been issued simultaneously A statement of the considerations in­ herewith and filed with the Division of volved in the issuance of this amend­ MAXIMUM PRICES AUTHORIZED UNDER the Federal Register. ment has been issued simultaneously § ¿499.3 ( b ) OF THE GENERAL MAXIMUM Paragraphs (a) and (b) of § 1401.55 herewith and filed with the Division PRICE REGULATION1 of the Federal Register. are amended and a new paragraph (c) is For reasons set forth in an opinion added thereto, paragraph (a) of § 1401.57 Paragraphs (a) and (b) of § 1410.76 are amended and a new paragraph (c) issued simultaneously herewith and filed is amended and § 1401.58a is added, as with the Division of the Federal Register, set forth below: is added thereto, paragraph (a) (1) of § 1410.78 is amended and § 1410.79a is and pursuant to and under the authority § 1401.55 Enforcement, (a) Persons added as set forth below: vested in the Price Administrator by the violating any provision of this Revised Emergency Price Control Act of 1942 and Price Schedule No. 90 are subject to the § 1410.76 Enforcement, (a) Persons § 1499.3 (b) of the General Maximum criminal penalties, civil enforcement violating any provision of this Maximum Price Regulation, it is hereby ordered: Price Regulation No. 123 are subject to actions, license suspension proceedings § 1499.32 Authorization to sellers of and suits for treble damages provided for the criminal penalties, civil enforcement actions, license suspension proceedings gray iron castings, (a) Specific author­ by the Emergency Price Control Act of ization is hereby given to any producer 1942. and suits for treble damages provided for by the Emergency Price Control Act of gray iron castings to determine the (b) Persons who have evidence of any maximum price for any gray iron cast­ violation of any price schedule, regula­ of 1942. (b) Persons who have evidence of any ing ptpduced by him and for which the tion or order issued by the Office of Price maximum price cannot be established Administration or of any acts or prac­ violation of any price schedule, regula­ Under § 1499.2 of the General Maximum tices which constitute such a violation tion or order issued by the Office of Price Administration or of any acts or Price Regulation by the following for­ are urged to communicate with the near­ mula: The producer’s maximum price for est district, state or regional office of the practices which constitute such a viola­ each such casting shall be a net price Office of Price Administration or its prin­ tion are urged to communicate with the (after adjustment for all applicable cus­ cipal office in Washington, D. C. nearest district, state or regional office tomary extra charges, discounts or other (c) The provisions of Supplementary of the Office of Price Administration or allowances) not in excess of that at which Order No. 5 s—Licensing, are applicable its principal office in Washington, D. C. he would have sold such a casting dur­ to every dealer selling a rayon waste sub­ (c) The provisions of Supplementary ing March 1942 under the pricing formula ject to this Revised Price Schedule No. Order No. 5 a—Licensing, are applicable or method of calculating price used by 90 to a consumer. “Dealer” shall in this to every dealer selling wool waste ma­ terials subject to this Maximum Price him in March 1942, employing the same paragraph (c) and this paragraph only cost factors (wage rates, prices of mate­ have the meaning given to it by Supple- Regulation No. 123 to a consumer. rials and overhead) and profit margins 1 7 F.R. 1377, 1836, 2132. »7 F.R. 3088, 3330. *7 F.R. 3403. * 7 F.R. 3403. * 7 F.R. 3153, 3300, 3666. 3830 FEDERAL REGISTER, Friday, May 22, 1942 which were in effect for him in March year 1941. This restriction shall not ap­ (b) Any person found qualified to take 1942, even though his costs or profit mar­ ply when the manufacturer makes such an operator’s examination who has gins may have increased since that date. transfer to a consumer from the separate previously held, but does not now hold, a (b) On or before the last day of each premises of its company-owned retail radiotelegraph first or second-class op­ month, beginning with June 30, 1942, a outlet. erator license, and who can now pass the seller shall report the prices of all gray (ii) Any manufacturer may lease new Commission’s code test of at least 16 iron castings priced under § 1499.3 (b) tires or tubes in exchange for a certifi­ code groups per minute. of the General Maximum Price Regula­ cate authorizing such transfer issued by (c) An applicant enrolled in a Coast tion during the preceding month to the a Board to any transportation system Guard Maritime Service Radio School, Office of Price Administration in Wash­ regularly engaged in the business of who has been certified to the Commis­ ington, D. C., upon a form to be supplied. transporting passengers by bus. sion by that service that the applicant is qualified to take an operator’s exami­ Each price so reported shall be subject * * * • * * nation and possesses the qualifications to adjustment at any time by the Office § 1315.1199a Effective dates of amend­ prescribed by the Commission for this of Price Administration. ments. * * * class of license, and that said service (c) This Order No. 1 may be revoked (j) Amendment No. 10 (§§1315.401 (b) school’s course of instruction covers the or amended by the Office of Price Ad­ (1), 1315.401 (b) (2), and 1315.401 (b) requirements for this type of license. ministration at any time. (3) ) shall become effective May 23, 1942. By the Commission. (d) This Order No. 1 shall become ef­ (Pub. Law 421, 77th Cong., 2d Sess., Jan. [ s e a l ] W m . P. M a s s in g , fective May 25, 1942. 30, 1942, OPM Supp. Order No. M-15c, Acting Secretary. (Pub. Law 421, 77th Cong.) W PB Directive No. 1, Supp. Directive [F. R. Doc. 42-4689; Filed, M ay 21, 1942; No. IB, 6 P.R. 6792; 7 F.R. 562, 925) Issued this 20th day of May 1942. 11:57 a. m.] L e o n H e n d e r s o n , Issued this 21st day of May 1942. Administrator. L e o n H e n d e r s o n , Administrator. Notices JP. R. Doc. 42-4647; Filed, May 20, 1942; 5:15 p. m.] [F. R. Doc. 42-4691; Filed, M ay 21, 1942; 11:55 a. m .] WAR DEPARTMENT.

[Public Proclamation No. 1] P a r t 1315— R u b b e r a n d P r o d u c t s a n d M a t e r ia l s o f W h i c h R u b b e r i s a H eadquarters E a s t e r n D e f e n s e C o m m a n d C o m p o n e n t TITLE 47—TELECOMMUNICATION a n d F ir s t A r m y , G o v e r n o r s I s l a n d , N e w Y o r k [Amendment No. 10 to Revised Tire Ration­ Chapter I—Federal Communications ing Regulations *] Commission EASTERN MILITARY AREA DESIGNATED AND TIRES AND TUBES, RETREADING AND RECAP­ ESTABLISHED [Order No. 97] PING OF TIRES, AND CAMELBACK M a y 16, 1942. P art 13— R u l e s G o v e r n in g C o m m e r c ia l Paragraph (b) of § 1315.401 is To: The people within the states of amended to read as follows: R a d io O pe ra to rs Maine, New Hampshire, Vermont, Mas­ TEMPORARY LIMITED RADIOTELEGRAPH SEC­ sachusetts, Rhode Island, Connecticut, § 1315.401 Permitted and ‘prohibited New York, New Jersey, Delaware, Penn­ transfers and deliveries to consumers. OND-CLASS OPERATOR LICENSES sylvania, Maryland, Virginia, North Caro­ * * * At a meeting of the Federal Communi­ lina, South Carolina, Georgia, part of (b) cations Commission held at its offices in Transfers of new tires or tubes to the state of Florida, and the District of Washington, D. C., on the 19th day of consumers— (1) Transfers by retailers Columbia. Any retailer or dis­ May 1942; and distributors. Whereas by virtue of orders issued by The Commission having under con­ tributor may transfer new tires or tubes the W ar Department on December 20, sideration the request of the Defense to any consumer in exchange for a cer­ 1941, and March 18, 1942, that portion of Communications Board that the Com­ tificate authorizing such transfer issued the continental United States east of the mission consider the relaxation of its by a Board. following line: The Ohio-Pennsylvania rules and regulations governing the re­ (2) Transfer by wholesalers, (i) Any boundary, the West Virginia-Pennsyl­ quirements for operators of broadcast wholesaler may transfer new tires or vania boundary, the West Virginia- and other stations; tubes in exchange for a certificate au­ Maryland boundary, the West Virginia- This 19th day of May thorizing such transfer issued by a Board It is ordered, Virginia boundary, the Kentucky-Vir­ to any consumer who purchased, leased, 1942 that a class of operator license be ginia boundary, the Tennessee-Virginia established designated “Temporary Lim ­ or otherwise acquired new tires or tubes boundary, the Tennessee-North Carolina ited Radiotelegraph Second-class Opera­ direct from such wholesaler’s warehouse boundary,ithe Tennessee-Georgia bound­ tor License”, in addition to the classes during the calendar year 1941. This re­ ary, the Alabama-Georgia boundary to of licenses specified in section 13.61 of striction shall not apply when the whole­ its junction with Florida thence south saler makes such transfer to a consumer the rules and regulations, which will along the Apalachicola River, has been authorize the holder thereof, notwith­ from the separate premises of its com­ established as the Eastern Defense Com­ standing the provision of Commission pany-owned retail outlet. mand under my command; and (ii) Any wholesaler may lease new Order No. 91-A, dated April 21,. 1942, to Whereas by Executive Order 9066,' tires or tubes in exchange for a certifi­ operate licensed radiotelegraph equip­ dated February 19, 1942, the President of cate authorizing such transfer issued by ment installed aboard ships only, for the the United States authorized and directed a Board to u,ny transportation system duration of the war in which the United the Secretary of War and the Military regularly engaged in the business of States is now engaged, but in no event Commanders whom he may from time to transporting passengers by bus. for a period longer than five years; and time designate, whenever he or any such (3) Transfers by manufacturers, (i) It is further ordered, That a Tempo­ designated commander deems such action Any manufacturer may transfer new rary Limited Radiotelegraph Second- necessary or desirable, to prescribe mili­ tires or tubes in exchange for a certifi­ class Operator License may be issued to : tary areas in such places and of such cate authorizing such transfer issued by (a) Any person found qualified to extent as he or the appropriate Military a Board to any consumer who purchased, take an operator’s examination, and Commander may determine, with au­ leased, or otherwise acquired new tires who can pass the Commission’s code test thority over such military areas as in or tubes direct from such manufacturer’s of at least 16 code groups per minute, such Executive Order prescribed; and factory or warehouse during the calendar and in addition obtain a rating of 50% Whereas the Secretary of War on or better on the Commission’s written April 22, 1942, designated the under- *7 F.R. 1027, 1089, 2106, 2541, 2633, 2945, examination for a regular radiotele­ 2948, 3237, 3551. graph second-class operator license. *7 F.R. 1407. FEDERAL REGISTER, Friday, May 22, 1942 3831 signed as Military Commander to carry 3. The protection of American com­ nouncements, restrictions, and orders out the duties and responsibilities im ­ merce and that of the United States from will be available for inspection at every posed by said Executive Order for that damage or destruction by enemy attack, Selective Service Local Board; at every portion of the United States embraced and the prevention of enemy action Post Office; at every Court House; and in the Eastern Defense Command; and against our shores, along the Atlantic at every Town Hall within the Eastern Whereas the Eastern Defense Com­ and Gulf Seaboards, involve the effective Military Area. It shall be the duty of mand embraces fifteen States, part of control of artificial lighting along these every person found within the Eastern another State, and the District of Co­ coasts and for a reasonable distance in Military Area to familiarize himself with lumbia, inhabited by millions of loyal the rear thereof. For the purpose of the terms of every proclamation, an­ citizens of the United States and hun­ such control, the existing restrictions and nouncement, restriction, or order issued dreds of thousands of persons not yet orders of the Commanding Generals of by this Headquarters. citizens of the United States, but equally the four Corps Areas of the Eastern The assistance of public-spirited and loyal; and Military Area are hereby adopted and patriotic newspapers, periodicals, radio Whereas the economic life of this large declared to be a part of this Proclama­ and other media of public information portion of the population of our country, tion. Corps Area Commanders are desig­ within the Eastern Military Area is dwelling within the Eastern Defense nated as the authorities to promulgate earnestly solicited and it is confidently Command, should be disturbed as little the necessary restrictions and orders for expected that they will publish in full as may be consistent with requirements control. in a prominent position this Proclama­ of adequate National Defense and inter­ 4. Wilful violation of any such restric­ tion and every proclamation, announce­ nal security; and tion hr order by an alien enemy, or re­ ment, restriction, or order issued by this Whereas the Eastern Defense Com­ peated careless violations, even if not Headquarters pursuant to this Proclama­ mand embraces the entire Atlantic Coast wilful, are cause for expulsion, intern­ tion. and a portion of the Gulf Coast of the ment or prosecution; similar violations [ s e a l ] H. A . D r u m , United States and by its geographical by persons other than alien enemies are Lieutenant General, U. S. Army, location is particularly subject to attack, cause for expulsion or prosecution. Commanding. and, in connection therewith, is subject 5. Nothing contained herein shall be Confirmed: to espionage and acts of sabotage, construed as limiting or modifying the thereby requiring the adoption of mili­ J. A . U l i o , duty and responsibility of the Depart­ Major General, tary measures necessary to establish ment of Justice under the Proclamations The Adjutant General. safeguards against such hostile opera­ of the President of December 7 and 8, tions; 1941,2 insofar as the enforcement of rules [F. R. Doc. 42-4671; Filed, May 21, 1942; Now, Therefore, I, Hugh A. Drum, and regulations for the conduct and con­ 10:49 a. m .] Lieutenant General, U. S. Army, by virtue trol of alien enemies is concerned, or of the authority vested in me by the otherwise. President of the United States and by * 6. The Corps Areas in the Eastern M il­ [Civilian Exclusion Order No. 77] the Secretary of War and my powers itary Area, each within its respective H eadquarters W e s t e r n D e f e n s e C o m ­ and prerogatives as Commanding Gen­ sphere of activities, and such federal, m a n d a n d F o u r t h A r m y , P r e s id io o f eral of the Eastern Defense Command state, municipal and local agencies, as S a n F r a n c is c o , C a l if o r n ia and First Army, charged with the de­ the Commanding General, Eastern De­ fense of the Eastern seaboard, do hereby fense Command, with the consent of such PERSONS OF JAPANESE ANCESTRY EXCLUDED declare and proclaim that: agencies, may from time to time deem FROM RESTRICTED AREA— SAN BENITO AND 1. The present situation requires as advisable specifically to designate, are SANTA CLARA COUNTIES, CALIFORNIA a matter of military necessity the estab­ hereby designated as the agencies to en­ M a y 15, 1942. force the provisions of these restrictions lishment, in the territory embraced in 1. Pursuant to the previsions of Public and orders and such restrictions and or­ the Eastern Defense Command within Proclamations Nos. 11 and 2,2 this Head­ ders as may subsequently be issued by the continental United States, of Mili­ quarters, dated March 2, 1942, and March him; and these agencies, under the co­ tary Areas, and for that purpose, I do 16, 1942, respectively, it is hereby ordered ordination of the Commanding General, hereby prescribe all of the territory in that from and after 12 o’clock noon, Eastern Defense Command, have juris­ the several States of the United States P. W. T., of Thursday, May 21, 1942, all lying east and northeast of the westerly diction to conduct the investigations nec­ essary- to their respective enforcement persons of Japanese ancestry, both alien boundary line of the Eastern Defense and non-alien, be excluded from that thereof. Command, including the States of Maine, portion of Military Area No. 1 described 7. In accdrdance with representations New Hampshire, Vermont, Massachu­ as follows: setts, Rhode Island, Connecticut, New made to the Governors of the States within the Eastern Military Area and the All of the county of San Benito and that York, New Jersey, Delaware, Pennsyl­ portion of the county of Santa Clara, State vania, Maryland, Virginia, North Caro­ Commissioners of the District of Colum­ bia, it is specifically requested that state of California, that lies southeasterly of the lina, South Carolina, Georgia, part of following boundary: beginning at a point the State of Florida, and the District of and municipal police, and other officials on the Santa Cruz and Santa Clara County Columbia, to be a Military Area and to and civilians within the States affected line due west of a line drawn through the be designated as the Eastern Military by this Proclamation, assist the agencies peak of Loma Prieta; thence due east along Area, as the same is shown on the map. charged with enforcing restrictions by said line through said peak to its intersec­ 2. The functional subdivisions of the reporting to them the names and ad­ tion with Llagas Creek; thence downstream dresses of all persons believed to have along said creek toward Madrone to the point Eastern Military Area for purposes of where it is crossed by Llagas Avenue; thence enforcement of restrictions and orders violated restrictions, and such other in­ formation as may be called for by these northeasterly ®n Llagas Avenue to U. S. High­ issued from this Headquarters are the way No. 101; thence northerly on said High­ existing Corps Areas, namely, the First agencies. way No. 101 to Cochran Road; thence north­ Corps Area, with Headquarters at Bos­ 8. A copy of this Proclamation shall be easterly on Cochran Road to its junction ton, Massachusetts; the Second Corps displayed for public inspection at every with Steeley Road; thence easterly on Steeley Area, with Headquarters at Governors Selective Service Local Board; at every Road to Madrone Springs; thence along a line Island, New York; the Third Corps Area, Post Office; at every Court House; and projected due east from Madrone Springs to at every Town Hall within the Eastern its intersection with the Santa Clara-Stanis- with Headquarters at Baltimore, Mary­ laus County line. land; and the Fourth Corps Area, with Military Area. Additional proclama­ Headquarters at Atlanta, Georgia. The tions, announcements, restrictions, and 2. A responsible member of each fam ­ Commanders of said Corps Areas are orders will be issued from this Head­ ily, and each individual living alone in charged with responsibility for the en­ quarters as occasion demands. Copies the above described area will report be- forcement of the restrictions and orders of such additional proclamations, an- pertaining to their respective Corps 1 7 F.R. 2320. Areas. * 6 F.R. 6321, 6323, 6324. * 7 F.R. 2405. 3832 FEDERAL REGISTER, Friday, May 22, 1942 noon, P. W. T., of Friday, May 22, 1942, tween the hours of 8:00 A. M. and 5:00 lished instructions pertaining hereto or will be liable to the criminal penalties P. M., Saturday, May 16, 1942, or during who is found in the above area after 12 the same hours on Sunday, May 17, 1942, o’clock noon, P. W. T., of Thursday, May provided by Public Law No. 503,77th Con­ gress, approved March 21, 1942, entitled to the Civil Control Station located at: 21, 1942, will be liable to the criminal Gilroy High School Gymnasium, IOOF penalties provided by Public Law No. “An Act to Provide a Penalty for Viola­ tion of Restrictions or Orders with Re­ Avenue, Gilroy, California. 503, 77th Congress, approved March 21, 3. Any person subject to this order 1942, entitled “An Act to Provide a Pen­ spect to Persons Entering, Remaining in, Leaving or Committing any Act in Mili­ who fails to comply with any of its pro­ alty for Violation of Restrictions or Or­ visions or with the provisions of pub­ ders with Respect to Persons Entering, tary Areas or Zones,” and alien Japanese lished instructions pertaining hereto or Remaining in, Leaving or Committing will be subject to immediate apprehen­ who is found in the above area after 12 any Act in Military Areas or Zones,” and sion and internment. o’clock noon, P. W. T., of Thursday, May alien Japanese will be subject to imme­ 4. All persons within the bounds of an 21, 1942, will be liable to the criminal diate apprehension and internment. established Assembly Center pursuant to penalties provided by Public Law No. 4. All persons within the bounds of an instructions from this Headquarters are 503, 77th Congress, approved March 21, established Assembly Center pursuant to excepted from the provisions of this Or­ 1942, entitled “An Act to Provide a Pen­ instructions from this Headquarters are der while those persons are in such alty for Violation of Restrictions or excepted from the provisions of this order Assembly Center. Orders with Respect to Persons Enter­ while those persons are in such Assembly [ s e a l ! J. L. D eW i t t , ing, Remaining in, Leaving or Commit­ Center. Lieutenant General, U. S. Army, ting any Act in Military Areas or Zones,” [ s e a l ] J. L . D e W i t t , Commanding. and alien Japanese will be subject to im­ Lieutenant General, U. S. Army, Confirmed: Commanding. mediate apprehension and internment. J. A . U l i o , 4. All persons within the bounds of Confirmed: Major General, an established Assembly Center pursu­ J. A. U l i o , The Adjutant General. ant to instructions from this Headquar­ Major General, ters are excepted from the provisions of The Adjutant General. [F. R. Doc. 42-4674; Filed, M ay 21, 1942; this order while those persons are in such 10:50 a. m .] Assembly Center. [F . R. Doc. 42-4673; Filed, May 21, 1942; 10:50 a. m .] [SEAL] J. L. D eW i TT, Lieutenant General, U. S. Army, Commanding. [Civilian Exclusion Order No. 80]

Confirmed: [Civilian Exclusion Order No. 79] H eadquarters W e s t e r n D e f e n s e C o m ­ m a n d a n d F o u r t h A r m y , P r e s id io o f J. A. U l i o , H eadquarters W e s t e r n D e f e n s e C o m ­ Major General, S a n F r a n c is c o , C a l if o r n ia m a n d a n d F o u r t h A r m y , P r e s id io o f The Adjutant General. S a n F r a n c is c o , C a l if o r n ia PERSONS OF JAPANESE ANCESTRY EXCLUDED [P . R. Doc. 42-4672; Piled, M ay 21, 1942; FROM RESTRICTED AREA— KING COUNTY, PERSONS OF JAPANESE ANCESTRY EXCLUDED 10:49 a. m .] FROM RESTRICTED AREA:— KING COUNTY, WASHINGTON WASHINGTON M a y 15, 1942. M a y 15, 1942. 1. Pursuant to the provisions of Pub­ [Civilian Exclusion Order No. 78] lic Proclamations Nos. 1 1 and 2,s this 1. Pursuant to the provisions of Public Headquarters, dated March 2, 1942, and H eadquarters W e s t e r n D e f e n s e C o m ­ Proclamations Nos. 1 1 and 2,1 this Head­ March 16, 1942, respectively, it is hereby m a n d a n d F o u r t h A r m y , P r e s id io o f quarters, dated March 2,1942, and March ordered that from and after 12 o’clock S a n F r a n c is c o , C a l if o r n ia 16, 1942, respectively, it is hereby ordered noon, P. W. T., of Wednesday, May 20, that from and after 12 o’clock noon, P. 1942, all persons of Japanese ancestry, PERSONS OF JAPANESE ANCESTRY EXCLUDED W. T., of Friday, May 22, 1942, all per­ FROM RESTRICTED AREA— YOLO COUNTY, both alien and non-alien, be excluded sons of Japanese ancestry, both alien and from that portion of Military Area No. 1 CALIFORNIA non-alien, be excluded from that portion described as follows: M a y 15, 1942. of Military Area No. 1 described as fol­ 1. Pursuant to the provisions of lows: All of that portion of the County of King, State of Washington, within the boundary Public Proclamations Nos. 1 1 and 2 \ this All that portion of the County of King, Headquarters, dated March 2, 1942, and beginning at the point at which the Snoho- State of Washington, within that boundary mish-King County line meets Puget Sound; March 16, 1942, respectively, it is hereby beginning at a point about midway between thence easterly and foUowing said county ordered that from and after 12 o’clock the Cities of Tacoma and Seattle (east of line to the western limits of the Snoqualmie noon, P. W. T., of Thursday, May 21, Des Moines) at which U. S. Highway No. 99 National Forest; thence southerly and fol­ 1942, all persons of Japanese ancestry, intersects Washington State Highway No. 5A; lowing the limits of said National Forest to both alien and non-alien, be excluded thence easterly along said Highway No. 5A the Middle Fork of the Snoqualmie River; to Green River; thence easterly and follow­ thence westerly and following the Middle from that portion of Military Area No. 1 ing Green River to the King-Kittitas County described as follows: Fork of the Snoqualmie River, and the Sno­ line; thence southerly and foUowing the qualmie River to its intersection with U. S. All of the County of Yolo, State of Cal­ King-Kittitas County line to the King-Pierce Highway No. 10 at Fall City; thence westerly ifornia, lying northerly and westerly of the County line; thence westerly and following along said Highway No. 10 crossing Lake northerly and westerly line of U. S. High­ the King-Pierce County line to U. S. Highway Washington Floating Bridge to the west line way No. 40. No. 99; thence northerly along U. S. Highway of Lake Washington; thence northerly along No. 99 to the point of beginning. the west Une of Lake Washington to Bast 2. A responsible member of each fam­ 85th Street extended; thence westerly along ily, and each individual living alone, in 2. A responsible member of each fam ­ ily, and each Individual living alone, in East 85th Street extended and 85th Street the above described area will report be­ to Puget Sound; thence northerly and fol­ tween the hours of 8:00 A. M. and 5:00 the above described area will report be­ lowing the shoreline of Puget Sound to the P. M., Saturday, May 16, 1942, or during tween the hours of 8:00 A. M. and 5:00 point of beginning. P. M., Saturday, May 16, 1942, or during the same hours on Sunday, May 17,1942, 2. A responsible member of each fam­ to the Civil Control Station located at: the same hours on Sunday, May 17,1942, ily, and each individual living alone, in American Legion Hall, Bush Street, to the Civil Control Station located at: the above described area will report be­ Woodland, California. Auburn High School Gymnasium, 711 tween the hours of 8:00 A. M. and 5:00 3. Any person subject to this order East Main Street, Auburn, Washington. P. M., Saturday, May 16, 1942, or during who fails to comply with any of its pro­ 3. Any person subject to this order who the same hours on Sunday, May 17,1942, visions or with the provisions of pub­ fails to comply with any of its provisions or with the provisions of published in­ to the Civil Control Station located at: 122 Kirkland Avenue, Kirkland, Wash­ 17 F.R. 2320. structions pertaining hereto or who is *7 P.R. 2405. ‘found in the above area after 12 o’clock ington. FEDERAL REGISTER, Friday, May 22, 1942 3833

2. Any person subject to this order Counties, State of California, not covered by Now, therefore, it is ordered, That the who fails to comply with any of its pro­ previous Civilian Exclusion Orders of this Notice of and Order for Hearing dated Headquarters. visions or with the provisions of pub­ April 27, 1942, be and the same hereby lished instructions pertaining hereto or 2. A responsible member of each fam ­ is amended by adding after the para­ who is found in the above area after ily, and each individual living alone, in graph numbered 2 in said Notice of and 12 o’clock noon, P. W. T., of Wednesday, the above described area will report be­ Order for Hearing, a new paragaph num­ May 20, 1942, will be liable to the crim­ tween the hours of 8:00 A. M. and 5:00 bered 3 reading as follows: inal penalties provided by Public Law P. M., Saturday, May 16, 1942, or during 3. Failed to comply with § 304.11 of No. 503, 77th Congress, approved March the same hours on Sunday, May 17,1942, 21, 1942, entitled “An Act to Provide a the Rules and Regulations for the Regis­ to the Civil Control Station located at: tration of Distributors by making false Penalty for Violation of Restrictions or Raphael Weill School Auditorium, 1501 Orders with Respect to Persons Enter­ and misleading statements and by fail­ O’Farrell Street, San Francisco, Cali­ ing to state material facts in its ap­ ing, Remaining in, Leaving or Commit­ fornia. ting any Act in M ilitary Areas or Zones,” plication for registration with the Di­ 3. Any person subject to this order vision as a distributor of bituminous coal, and alien Japanese will be subject to im­ who fails to comply with any of its pro­ mediate apprehension and internment. filed by said distributor with the Divi­ visions or with the provisions of pub­ sion on November 4, 1940, in that said 4. All persons within the bounds of an lished instructions pertaining hereto or established Assembly Center pursuant to distributor represented that it had no who is found in the above area after 12 affiliations or financial connections with instructions from this Headquarters are o’clock noon, P. W. T., of Wednesday, excepted from the provisions of this or­ any coal transporter during the years May 20, 1942, will be liable to the crim­ 1937 and 1938, whereas in fact during der while those persons are in such inal penalties provided by Public Law Assembly Center, said period the distributor and the Mazza No. 503, 77th Congress, approved March Trucking Company, an Ohio Corpora­ [ s e a l ] J. L . D e W i t t , 21, 1942, entitled “An Act to Provide a tion, engaged in the business of truck­ Lieutenant General, U. S. Army, Penalty for Violation of Restrictions or ing and transporting coal in the State Commanding. Orders with Respect to Persons Enter­ of Ohio, were owned and controlled by Confirmed: ing, Remaining in, Leaving or Commit­ the same person. ting any Act in M ilitary Areas or Zones,” J. A. Ulio, It is further ordered, That said Notice Major General, and alien Japanese will be subject to Of and Order for Hearing in the above- The Adjutant General. immediate apprehension and intern­ ment. entitled matter dated April 27, 1942, as [F. R. Doc. 42-4675; Filed, M ay 21, 1942; 4. All persons within the bounds of an heretofore amended, shall in all other 10:51 a. m.] established Assembly Center pursuant to respectAemain in full force and effect. instructions from this Headquarters are Dated: May 19, 1942. excepted from the provisions of this or­ [ s e a l ] D a n H. W h e e l e r , [Civilian Exclusion Order No. 81] der while those persons are in such As­ Acting Director. sembly Center. H eadquarters W e s t e r n D e f e n s e C o m ­ [F. R. Doc. 42-4664; Filed, M ay 21, 1942; m a n d a n d F o u r t h A r m y , P r e s id io o f [ s e a l ] J. L. D e W i t t , 10:22 a. m .] S a n F r a n c is c o , C a l if o r n ia Lieutenant General, U. S. Army, Commanding. PERSONS OF JAPANESE ANCESTRY EXCLUDED Confirmed: FROM RESTRICTED AREA— CITY AND COUNTY [Docket No. B—255] OF SAN FRANCISCO, CALIFORNIA J. A . U l i o , Major General, S h e e s l e y C o a l C o m p a n y , C o d e M e m b e r M a y 15, 1942. The Adjutant General. NOTICE OF AND ORDER FOR HEARING 1. Pursuant to the provisions of Public Proclamations Nos. 1 1 and 2,® this [F . R. Doc. 42-4676; Filed, M ay 21, 1942; In the matter of Sheesley Coal Com­ 10:51 a. m .] Headquarters, dated March 2, 1942, and pany, a corporation, Code Member. A complaint dated April 29, 1942, pur­ March 16, 1942, respectively, it is hereby ordered that from and after 12 o’clock suant to the provisions of sections 4 n noon, P. W. T., of Wednesday, May 20, (j) “and 5 (b) of the Bituminous Coal 1942, all persons of Japanese ancestry, DEPARTMENT OF THE INTERIOR. Act of 1937 (the “Act”), having been duly filed on May 1,1942, by Bituminous both alien and non-alien, be excluded Bituminous Coal Division. Coal Producers Board for District No. 1, from that portion of Military Area No. 1 a district board, complainant, with the described as follows: [Docket No. B-240] Bituminous Coal Division (the “Divi­ All of that portion of the City and County H u d s o n F u e l C o m p a n y , D is t r ib u t o r sion”) , alleging wilful violation by of San Francisco, State of California, within Sheesley Coal Company, a corporation that boundary beginning at the intersection h e a r in g order a m e n d e d (the “ Code member”) , of the Bituminous of Nineteenth Avenue and California Street; In the matter of Hudson Fuel Com­ thence easterly on California Street to Pre­ Coal Code (the “Code”), or rules and sidio Avenue; thence southerly on Presidio pany, Registered Distributor, Registra­ regulations thereunder; Avenue to Geary Street; thence easterly on tion No. 4581 It is ordered, That a hearing in respect Geary Street to St. Joseph’s Avenue; thence The above-entitled matter having been to the subject matter of such complaint southerly on St. Joseph’s Avenue to O’Farrell scheduled for hearing on May 27, 1942, be held on June 24, 1942, at 10 a. m. at Street; thence easterly on O ’Farrell Street to at 10 a. m. at a hearing room of the a hearing room of the Bituminous Coal Van Ness Avenue; thence northerly on Van Bituminous Coal Division at Room 518, Division at the Community Room, City Ness Avenue to California Street; thence easterly on California Street to Market Street; Bulkley Building, 1501 Euclid Avenue, Hall, Altoona, Pennsylvania. thence northeasterly along Market Street to Cleveland, Ohio, before W. A. Cuff or any It is further ordered, That Scott A. San Francisco Bay; thence southerly and fol­ other officer or officers of the Bituminous Dahlquist or any other officer or officers lowing the shoreline of San Francisco Bay to Coal Division duly designated for that of the Division duly designated for that the southerly limits of the City and County purpose, pursuant to the Notice of and purpose shall preside at the hearing in of San Francisco; thence westerly along the Order for Hearing dated April 27, 1942, such matter. The officer so designated said southerly limits to Junipero Serra Boule­ and subsequently by Order dated May 13, to preside at such hearing is hereby au­ vard; thence northerly on a line established 1942, said hearing having been post­ by Junipero Serra Boulevard, Worcester Ave­ thorized to conduct said hearing, to ad­ nue, and Nineteenth Avenue to the point of poned to June 8, 1942, at 10 a. m. at the minister oaths and affirmations, examine beginning, together with all other parts of same place and before Charles S. Mitch­ witnesses, take evidence, to continue said the City and County of San Francisco, and ell, Trial Examiner, vice W. A. Cuff; and hearing from time to time, and to such aU parts of Alameda and Contra Costa The Acting Director deeming it ad­ places as he may direct by announcement visable that said Notice of and Order for at said hearing or any adjourned hearing 17 F.R. 2320. Hearing dated April 27, 1942, should be or by subsequent notice, and to prepare * 7 F R . 2405. amended; and submit proposed findings of fact and No. 100------5 8834 FEDERAL REGISTER, Friday, May 22, 1942 conclusions and the recommendation of per net ton as distributor’s discount, ceeding and eligible to become a party an appropriate order in the premises, whereas, pursuant to Price Instruction herein. Any person desiring to be ad­ and to perform all other duties in con­ 5 contained in said schedule, said coal is mitted as a party to this proceeding may nection therewith authorized by law. priced at $2.25 per ton f. o. b. said mine; file a petition of intervention in accord­ Notice of such hearing is hereby given (2) wilfully violated Rule 1 of section ance with the rules and regulations of to said Code member and to all other in of the Marketing Rules and Regula­ the Bituminous Coal Division for proceed­ parties herein and to all persons and en­ tions by allowing to the said W. M. Hol­ ings instituted pursuant to section 4 IÏ tities having an interest in such pro­ lenback, Philadelphia, Pennsylvania, on (d) of the Act, setting forth the facts on ceeding. Any person or entity eligible the sales referred to in paragraph (1) the basis of which the relief in the origi­ under § 301.123 of the Rules and Regu­ hereof, a discount of 12 cents per net nal petition is supported or opposed or on lations Governing Practice and Pro­ ton in addition to a reduction of 20 the basis of which other relief is sought. cedure Before the Division in Proceedings cents per net ton from the f. o. b. mine Such petitions of intervention shall be Instituted Pursuant to sections 4 II (j) prices thereby allowing in effect a dis­ filed with the Bituminous Coal Division and 5 (b) of the Act, may file a petition count of 32 cents per net ton from the on or before June 18, 1942. for intervention not later than five (5) effective minimum prices on said coal, All persons are hereby notified that the days before the date herein set for hear­ which is in excess of the maximum dis­ hearing in the above-entitled matter and ing on the complaint. count prescribed by the Division; any orders entered therein, may concern, Notice is hereby given that answer to (3) wilfully violated Order No. 288, in addition to the matters specifically the complaint must be filed with the Di­ dated December 8, 1939, by failing, sub­ valleged in the petition, other matters vision at its Washington Office or with sequent to September 30, 1940, to report necessarily incidental and related there­ any one of the statistical bureaus of the to the Division, the District Board and to, which may be raised by amendment Division, within twenty (20) days after the Field Office for District No. 1, within to the petition, petitions of intervention date of service thereof on the Code mem­ ten days after the occurrence, a change or otherwise, or which may be necessary ber; and that failure to file an answer in the method of preparing coals or con­ corollaries to the relief, if any, granted within such period, unless otherwise ditions effecting a material change in the on the basis of this petition. ordered, shall be deemed to be an admis­ sizes, analyses, or other characteristics The matter concerned herewith is in sion of the allegations of the complaint of the coal produced by Code member, regard to the petition of District Board herein and a consent to the entry of an including the material changes in sizes No. 10 filed pursuant to section 4 n (d) appropriate order on the basis of the made by said code member in the coal of the Bituminous Coal Act of 1937, for facts alleged. sold as alleged in paragraph (1) hereof. the establishment in the Schedule of Ef­ Notice is also hereby given # ia t if it Dated: May 19, 1942. fective Minimum Prices for District No. shall be determined that the Code mem­ 10 for All Shipments Except Truck and ber has wilfully committed any one or [ s e a l ] ' D a n H. W h e e l e r , Acting Director. For Truck Shipments of the following more of the violations alleged in the Price Exception for the coals of the Delta complaint, an order may be entered [P . R. Doc. 42-4665; Piled, May 21, 1942; Mine, (Mine Index No. 36), of the Delta either revoking the membership of the 10:22 a. m .] Coal Mining Company, a code member Code member in the Code or directing in District No. 10: the Code member to cease and desist from violating the Code and regulations A t Mine Index No. 36 the resultant coal, made thereunder. [Docket No. A-1450] which is a mixture of coal which passes through dewatering screens with openings not All persons are hereby notified that D e l t a M i n e P r ic e E x c e p t io n , D is t r ic t 10 larger than 10 mesh nor smaller than % mm., the hearing in the above entitled matter or the equivalent thereof, after the produc­ and orders entered therein may concern, NOTICE OF AND ORDER FOR HEARING tion of washed coal in other sizes, may be in addition to the matters specifically In the matter of the petition of Dis­ sold at a price not less than 85 cents per net alleged in the complaint herein, other trict Board No. 10 for the establishment ton. matters incidental and related thereto, of a price exception for the Delta Mine. Dated: May 19, 1942. whether raised by amendment of the A petition, pursuant to the Bituminous complaint, petition for intervention, or [ s e a l ] D a n H. W h e e l e r , Coal Act of 1937, having been duly filed Acting Director. otherwise, and all persons are cautioned with this Division by the above-named to be guided accordingly. party; [F . R. Doc. 42-4666; Piled, May 21, 1942; The matter concerned herewith is in It is ordered, That a hearing in the 10:22 a. m .] regard to the complaint filed by said above-entitled matter under the appli­ complainant, alleging wilful violations by cable provisions of said Act and the rules the above named Code member as fol­ of the Division be held on June 23, 1942, [Docket No. B-247] lows: That the said Sheesley Coal Com­ at 10 o’clock in the forenoon of that day, pany, a corporation, 837 Horner Street, at a hearing 'room of the Bituminous O. M. B o w l i n g C o a l C o m p a n y , Johnstown, Pennsylvania, whose code Coal Division, 734 Fifteenth Street NW „ D is t r ib u t o r membership became effective June 24, Washington, D. C. On such day the NOTICE OF AND ORDER FOR HEARING 1937, and which operates the Sheesley Chief of the Records Section in room In the Matter of Owen M. Bowling, Mine, Mine Index No. 468, located in 502 will advise as to the room where such Subdistrict 29 of District 1, in Cambria hearing will be held. doing business under the Name and County, Pennsylvania. Style of O. M. Bowling Coal Company, It is further ordered, That Edward J. Registered Distributor, Registration No. (1) Wilfully violated section 4 II (e) Hayes or any other officer or officers of 0973. of the Act and Part II (e) of the Code the Division duly designated for that pur­ The Bituminous Coal Division (the by selling, subsequent to September 30, pose shall preside at the hearing in such “Division”), finds it necessary in the 1940, below the effective minimum prices matter. The officers so designated to proper administration of the Bituminous preside at such hearing are hereby au­ established therefor in the Schedule of Coal Act of 1937 (the “ Act” ) and the thorized to conduct said hearing, to ad­ Effective Minimum Prices for District Bituminous Coal Code (the “Code”) pro­ No. 1 for All Shipments Except Truck, minister oaths and affirmations, examine mulgated thereunder to determine: coal produced at the aforesaid mine, in­ witnesses, take evidence, to continue said cluding sales, during the period from hearing from time to time', and to pre­ A. Whether or not Owen M. Bowling, March 25, 1941 to April 9, 1941, both pare and submit proposed findings of fact doing business under the name and dates inclusive, to W. M. Hollenback, and conclusions and the recommendation style of O. M. Bowling Coal Company, Philadelphia, Pennsylvania, registered of an appropriate order in the premises, registered distributor, Registration No. distributor, Reg. No. 4445, of approxi­ and to perform all other duties in con­ 0973, (hereinafter sometimes referred to mately 302.10 net tons of slack coal, nection therewith authorized by law. as “Registered Distributor” ), whose ad­ Size Group 5, produced by said code Notice of such hearing is hereby given dress is 788 Adair Avenue, N. E., A t­ member at its said mine, at a price of to all parties herein and to persons or lanta, Georgia, has violated any provi­ $2.05 per ton f. o. b. the mine, less 120 entities having an interest in this pro­ sions of the Act, the Code, and orders FEDERAL REGISTER, Friday, May 22, 1942 3835 and regulations of the Division, includ­ failed to show thereon all the information tributors, to determine whether or not ing the Marketing Rules and Regulations, required by Order No. 295 of the Divi­ the aforementioned O. M. Bowling Coal Rules for Registration of Distributors, sion, dated June 14, 1940, resulting in Company has committed violations in the and the Distributor’s Agreement (the violation of paragraphs (e) and (f) of respects heretofore described and “Agreement”), dated October 31, 1940, the Agreement; and whether or not the registration of said and filed by Owen M. Bowling, pursuant (b) Filed invoices with the Statistical distributor should be revoked or sus­ to an Order of the Division, dated June Bureau for District No. 8 of the Division pended, or other appropriate penalties 19, 1940, in General Docket No. 12, and for the sales of 2,971.23 net tons of coal be imposed, be held on June 26, 1942, at more particularly whether or not subse­ sold between April 1,1941, and December 10 a. m. at the Court Room, City Hall, quent to November 18, 1940, the effective 24, 1941, both dates inclusive and failed Middlesboro, Kentucky. date of registration, said Registered Dis­ to show thereon all the information re­ It is further ordered, That Travis W il­ tributor“ quired by Order No. 313 of the Division, liams or any other officer or officers of the Bituminous Coal Division duly desig­ 1. During the period August 12, 1941 dated February 24,1941, resulting in vio­ nated for that purpose shall preside at to October 31, 1941, both dates inclusive, lation of paragraphs (e) and (f) of the Agreement. the hearing in such matter. The officer sold approximately 916.10 net tons of so designated to preside at such hearing various sizes of coal under the trade 6. Prepaid freight charges in the amount of $137.08 on 55.60 net tons of run is hereby authorized to conduct said name of “Red Gem” without filing said hearing, to administer oaths and affirma­ trade name with the Division, resulting of mine coal purchased from one or more code member producers and resold to tions, examine witnesses, take evidence, in violation of Order No. 329 dated June to continue said hearing from time to 27, 1941. Steele, Heddle Coal Company of Atlanta, time, and to such places as he may direct 2. During the period March 24, 1941 Georgia, on June 9,1941, resulting in vio­ lation of Rule 1 (J) of section VII of the by announcement at said hearing or any to October 13, 1941, both dates inclusive, adjourned hearing or by subsequent sold approximately 2978.45 net tons of Marketing Rules and Regulations and paragraph (e) of the Agreement. notice, and to prepare and submit pro­ various sizes of coal for shipment by rail posed findings of fact and conclusions to consumers in Georgia and Tennessee, 7. (a) Diverted or reconsigned 148.70 net tons of coal during the period Octo­ and recommendation of an appropriate said coal being produced by the following order in the premises, and to perform all code members: ber 19,1940 to March 15,1941, both dates inclusive, and failed to file notice of said other duties in connection therewith au­ Name and address Mine Index No. diversion or reconsignment with the Sta­ thorized by law. A. L. Engle, Grays, Ky______3083 Notice of such hearing is hereby given Homer Moore, Place, K y______2597 tistical Bureau for District No. 8 of the Division, in violation of Rule 9 of sec­ to said O. M. Bowling Coal Company and L. A. Walker, Saxton, Ky______1885 to all persons and entities having an in­ Lloyd Hart, Woodbine, K y______769 tion X II of the Marketing Rules and Reg­ terest in such proceeding. Sollie Mills, Barbourville, Ky______1678 ulations and Order No. 295 of the Joe L. Jones, Jellico, Tenn______1854 Division, dated June 14, 1940, resulting Notice is hereby given that answer Straight Creek Jellico Coal Co., Bar­ in violation of paragraphs (e) and (f) of setting forth the position of the afore­ bourville, Ky ______2599 the Agreement; and mentioned O. M. Bowling Coal Com­ pany, with reference to the matters (b) Diverted or reconsigned 105.90 net whereas prices, temporary or final, had hereinbefore described, „must be filed tons during the period May 26, 1941, to not been established for said coal for with the Bituminous Coal Division at May 30, 1941, both dates inclusive, and rail shipment, thereby participating in its Washington Office or with any one failed to file notice of said diversion or violations of the Order in General Docket of the field offices of the Division, within reconsignment with the Statistical Bu­ No. 19, dated October 9, 1940, resulting twenty (20) days after date of service reau for District No. 8 of the Division, in violation of paragraph (e) of the hereof on O. M. Bowling Coal Company, in violation of Rule 9 of section X II of Agreement. and that failure to file an answer herein the Marketing Rules and Regulations and 3. Accepted and retained a registered within such period, unless the presiding Order No. 313 of the Division, dated Feb­ distributor’s discount of 26% cents per officer shall otherwise order, shall be ruary 24, 1941, resulting in violation of net ton on 47.40 net tons of block coal, deemed to be an admission by O. M. paragraphs (e) and (f) of the Agree­ Size Group No. 1, produced by the New Bowling Coal Company of the commis­ ment. Horse Creek Coal Company, a code mem­ sion of the violations hereinbefore de­ 8. (a) Failed to file with the Statis­ ber producer, in District No. 8, and re­ scribed and a consent to the entry of an sold by the Registered Distributor to the tical Bureau for District No. 8 of the appropriate order thereon. Southern Cooperative Foundry Company Division invoices for 73 cars of coal All persons are hereby notified that of Atlanta, Georgia, on or about March containing approximately 3,650 net tons hearing in the above-entitled matter and 12, 1941, whereas the maximum allow­ of coal sold between November 18, 1940, orders entered therein may concern, in able discount on said coal was 22 cents and March 31, 1941, both dates inclu­ addition to the matters specifically al­ per net ton as set forth in the Order in sive, in violation of Order No. 295 of the leged herein, other matters incidental General Docket No. 12, dated June 19, Division, dated June 14, 1940, resulting and related thereto, whether raised by 1940, resulting in violation of paragraph in violation of paragraphs (e) and (f) amendment, petition for intervention, or (a) of the Agreement. of the Agreement; and otherwise, and all persons are cautioned 4. Accepted and retained a registered (b) Failed to file with the Statisti­ to be guided accordingly. distributor’s discount of 22 cents per net cal Bureau for District No. 8 of the Divi­ Dated: May 19*1942. ton on approximately 50.25 net tons of sion invoices for 102 cars of coal contain­ ing approximately 5,100 net tons of coal [ s e a l ] D a n H . W h e e l e r , 2 " lump coal, Size Group No. 4, pro­ Acting Director. duced by the Burke Hollow Coal Com­ sold between April 1,1941, and December pany, a code member producer, in Dis­ 3, 1941, both dates inclusive, in violation [F. R. Doc. 42-4667; Filed, May 21, 1942; trict No. 8, and resold by the Registered of Order No. 313 of the Division, dated 10:23 a. m.] Distributor to the Paul Johnston Lumber February 24, 1941, resulting in viola­ Company of Thomaston, Georgia, on or tion of paragraphs (e) and (f) of the about March 28,1941, whereas the maxi­ Agreement. General Land Office. mum allowable discount on said coal was B. Whether or not the registration of 17 cents per net ton as set forth in the A ir N a v ig a t io n S it e W it h d r a w a l No. 145 said Owen M. Bowling, doing business E n l a r g e d Order in General Docket No. 12, dated under the name and style of O. M. Bowl­ June 19, 1940, resulting in violation of ing Coal Company, should be revoked or ALASKA paragraph (a) of the Agreement. suspended or other appropriate penalties Correction 5. (a) Filed invoices with the Statisti­ should be Imposed. cal Bureau for District No. 8 of the Di­ In the boundary description appearing vision for the sales of 419.90 net tons of It is, therefore, ordered, That a hear­ on page 3688 of the issue for Saturday, coal sold between December 18,1940, and ing pursuant to § 304.14 of the Rules and May 16, 1942, the latitude should read March 31, 1941, both dates inclusive, and Regulations for the Registration of Dis­ “62°57'40" “instead of “60°57'40" 1942 3836 FEDERAL REGISTER, Friday, May 22, above-mentioned act, it is hereby deter­ DEPARTMENT OF AGRICULTURE. over two-thirds of the producers who participated in a referendum conducted mined: Agricultural Marketing Administra­ by the Secretary, and who, during the (1) That the refusal or failure of said tion. month of February 1942, said month handlers to sign such tentatively ap­ O m a h a -C o u n c i l B l u f f s M a r k e t in g A rea, having been determined to be a repre­ proved marketing agreement, as M i l k D etermination 1 sentative period, were engaged in the amended, tends to prevent the effectua­ production of milk for sale in said area. tion of the declared policy of the act; Determination, approved by the Presi­ (2) That the issuance of proposed dent of the United States, with respect to Issued at Washington, D. C „ on this 19th day of May 1942. Witness my hand amendment No, 2 to said Order No. 46, as the issuance of Amendment No. 3, to the amended, is the only practical means, order, as amended, regulating the han­ and the seal of the Department of Agriculture. pursuant to such policy, of advancing dling of milk in the Omaha-Council the interests of the producers of milk Bluffs Marketing Area. [ s e a l ! C l a u d e R . W ic k a r d , which is produced for sale in said area; Secretary of Agriculture. Pursuant to the powers conferred upon and the Secretary of Agriculture of the Approved: May 19, 1942. (3) That the issuance of proposed United States by the Agricultural Mar­ F r a n k l i n D R o o s e v e l t , amendment No. 2 to said Order No. 46, as keting Agreement Act of 1937, as The President of the United States. amended, is approved or favored by over amended (7 U.S.C. 1940 ed. 601 et seq. ) , two-thirds of the producers who partici­ there was issued on March 31, 1939, [F. R. Doc. 42-4682; Filed, May 21, 1942; pated in a referendum conducted by the effective April 5, 1939, Order No. 35,s 11:11 a. m.] Secretary, and who, during the month of regulating the handling of milk in the February 1942, said month having been Omaha-Council Bluffs marketing area. determined to be a representative period, The Order has since been amended effec­ were engaged in the production of milk tive March 2,1941 and October 2,1941. L o u i s v i l l e M a r k e t in g A rea, M i l k for sale in said area. A marketing agreement, as amended, D etermination regulating the handling of milk in the Issued at Washington, D. C., on this Determination, approved by the Presi­ 19th day of May 1942. Witness my hand Omaha-Council Bluffs marketing area dent of the United States, with respect to was tentatively approved, on September and the Seal of the United States De­ the issuance of Amendment No. 2 to the partment of Agriculture. 5, 1941. Order, as amended, regulating the han­ There being reason to believe that the dling of milk in the Louisville, Kentucky, [ s e a l ] C l a u d e R . W ic k a r d , Secretary of Agriculture. issuance of an amendment to said tenta­ Marketing Area.1 tively approved marketing agreement, as Pursuant to the powers conferred upon Approved: May 19, 1942. amended, and to said order, as amended, the Secretary of Agriculture of the United F r a n k l i n D R o o s e v e l t , would tend to effectuate the declared States by the Agricultural Marketing The President of the United States. policy of the act, notice was given of a Agreement Act of 1937, as amended 7 hearing which was held in Omaha, Ne­ U.S.C. 1940 ed. 601 et seq.) there was [F. R. Doc. 42-4683; Filed, May 21, 1942; 11:12 a. m.] braska, on February 25, 1942, on pro­ issued on March 29, 1940, effective April posals to amend the tentatively approved 1, 1940, Order No. 463 regulating the marketing agreement, as amended, and handling of milk in the Louisville, Ken­ the order, as amended, regulating the tucky, marketing area. This order has handling of milk in the Omaha-Council since been amended effective August 1, DEPARTMENT OF LABOR. Bluffs marketing area, at which time and 1941. place all interested parties were afforded Wage and Hoar Division. A marketing agreement, as amended, an opportunity to be heard upon such regulating the handling of milk in the [Administrative Order No. 148] proposals. Louisville, Kentucky, marketing area was After such hearing, and after the O rder D is s o l v in g C e r t a in I n d u s t r y tentatively approved on June 24, 1941. tentative approval, on May 2, 1942, of a C o m m it t e e s marketing agreement, as amended, regu­ There being reason to believe that the issuance of an amendment to said tenta­ Dissolving Industry Committee No. 20 lating the handling of milk in the for the Single Pants, Shirts, and Allied Omaha-Council Bluffs marketing area, tively approved marketing agreement, as amended, and to said order, as amended, Garments Industry; Industry Committee handlers of more than 50 percent of the would tend to effectuate the declared No. 23 for the Gray Iron Jobbing Foundry volume of milk covered by said order, as Industry; Industry Committee No. 25 for amended, which is marketed within the policy of the act, notice was given of a hearing which was held in Louisville, the Textile Industry; Industry Commit­ Omaha-Council Bluffs marketing area, Kentucky, on November 18,1941, and re­ tee No. 26 for the Jewelry Manufacturing refused or failed to sign such tentatively Industry; Industry Committee No. 27 for approved marketing agreement, as opened on February 26, 1942, on pro­ posals to amend the tentatively approved the Women’s Apparel Industry; Industry amended, relating to milk. marketing agreement, as amended, and Committee No. 28 for the Knitted and Pursuant to the powers conferred upon the order, as amended, regulating the Men’s Woven Underwear and Commer­ the Secretary of Agriculture by the handling of milk in the Louisville, Ken­ cial Knitting Industry; Industry Com­ above-mentioned act;, it is hereby de­ tucky, marketing area, at which times mittee No. 29 for the Wood Furniture termined: and place all interested parties were Manufacturing Industry; Industry Com­ (1) That the refusal or failure of said afforded an opportunity to be heard mittee No. 31 for the Miscellaneous Ap­ handlers to sign such tentatively ap­ upon such proposals. parel Industry; Industry Committee No. proved marketing agreement, as After such hearing, and after the 32 for the Knitted Outerwear Industry; amended, tends to prevent the effectua­ tentative approval, on May 2, 1942, of a Industry Committee No. 33 for the Pas­ tion of the declared policy of the act; marketing agreement, as amended, reg­ senger Motor Carrier Industry; Industry (2) That the issuance of proposed ulating the handling of milk in the Committee No. 34 for the Property Motor amendment No. 3 to said Order No. 35, Louisville, Kentucky, marketing area, Carrier Industry; Industry Committee as amended, is the only practical means, handlers of more than 50 percent of the No. 35 for the Shoe Manufacturing and pursuant to such policy, of advancing volume of milk covered by said order, as Allied Industries; Industry Committee the interests of the producers of milk amended, which is marketed within the No. 36 for the Woolen Industry; and In ­ which is produced for sale in said area; Louisville, Kentucky, marketing area, re­ dustry Committee No. 39 for the Textile fused or failed to sign such tentatively Industry. and Whereas, the Administrator by Ad­ (3) That the issuance of proposed approved marketing agreement, as ministrative Order No. 83, dated Febru­ amendment No. 3 to said Order No. 35, amended, relating to milk. ary 8, 1941, appointed Industry Commit­ as amended, is approved or favored by Pursuant to the powers conferred upon the Secretary of Agriculture by the tee No. 20 for the Single Pants, Shirts, and Allied Garments Industry; by Ad­ 1 See Title 7, Chapter VII, supra. ministrative Order No. 88, dated March *4 F.R. 1408; 6 F.R. 1189, 5035. * 5 F.R. 1233; 6 F JR. 3794. FEDERAL REGISTER, Friday, May 22, 1942 3837

4, 1941, appointed Industry Committee order for the Property Motor Carrier In­ Des Moines, Iowa, and to substitute No. 23 for the Gray Iron Jobbing Foun­ dustry, Regulations, Part 616, approved therefor trolley coach service to be op­ dry Industry; by Administrative Order February 13, 1942; and in a wage order erated by Des Moines Railway Company: No. 92, dated March 10, 1941, appointed for the Shoe Manufacturing and Allied Provided, however, That the effective Industry Committee No. 25 for the Tex­ Industries, Regulations, Part 608, ap­ date of this order shall be the effective tile Industry; by Administrative Orders proved October 15, 1941; and in a wage date of an order or orders, if any, issued Nos. 100 and 107, dated April 24 and order for the Woolen Industry, Regula­ by appropriate regulatory authorities May 14, 1941, appointed Industry Com­ tions, Part 612, approved November 3, authorizing the abandonment of such mittee No. 26 for the Jewelry Manufac­ 1941; and in a wage order for the Textile rail service and the removal of such rail. turing Industry; by Administrative Or­ Industry, Regulations, Part 619, ap­ Issued at Washington, D. C., this 21st der No. 103, dated May 6,1941, appointed proved April 2,1942; and day of May 1942. Industry Committee No. 27 for the Wom­ Whereas, the functions of the said J o s e p h B . E a s t m a n , en’s Apparel Industry; by Administrative Committees have been completed, Director of Defense Transportation. Order No. 104, dated May 8, 1941, ap­ Now, therefore, it is ordered, That Industry Committee No. 20 for the Single [P . R. Doc. 42-4690; Piled, M ay 21, 1942; pointed Industry Committee No. 28 for 12:05p. m.] the Knitted and Men’s Woven Underwear Pants, Shirts, and Allied Garments In­ and Commercial Knitting Industry; by dustry, Industry Committee No. 23 for Administrative Order No. 108, dated May the Gray Iron Jobbing Foundry Indus­ 17, 1941, appointed Industry Committee try, Industry Committee No. 25 for the No. 29 for the Wood Furniture Manufac­ Textile Industry, Industry Committee OFFICE OF PRICE ADMINISTRA­ turing Industry; by Administrative Order No. 26 for the Jewelry Manufacturing TION. No. 116, dated July 8, 1941, appointed Industry, Industry Committee No. 27 for Industry Committee No. 31 for the Mis­ the Women’s Apparel Industry, Industry M o h a w k C a r p e t M i l l s , I n c .— P r ic e s fo r cellaneous Apparel Industry; by Admin­ Committee No. 28 for the Knitted and N e w F a b r ic s A pp r o v e d istrative Order No. 115, dated July 8, Men’s Woven Underwear and Commer­ order n o . 2 u n d e r r e v is e d p r ic e s c h e d u l e 1941, appointed Industry Committee No. cial Knitting Industry, Industry Com­ NO. 57 1— WOOL FLOOR COVERINGS 32 for the Knitted Outerwear Industry; mittee No. 29 for the Wood Furniture On April 14, 1942, Mohawk Carpet by Administrative Order No. 117, dated Manufacturing Industry, Industry Com­ Mills, Inc. of Amsterdam, New York, July 8, 1941, appointed Industry Com­ mittee No. 31 for the Miscellaneous Ap­ hereinafter called applicant, filed an ap­ mittee No. 33 for the Passenger Motor parel Industry, Industry Committee No. Carrier Industry; by Administrative Or­ 32 for the Knitted Outerwear Industry, plication pursuant to § 1352.4 of Revised Price Schedule No. 57 for approval of der No. 118, dated July 8,1941, appointed Industry Committee No. 33 for the Pas­ maximum prices of certain fabrics con­ Industry Committee No. 34 for the Prop­ senger Motor Carrier Industry, Industry taining jute, cotton and paper in the back erty Motor Carrier Industry; by Admin­ Committee No. 34 for the Property Mo­ and 50% wool and 50% rayon in the istrative Order No. 119, dated July 8,1941, tor Carrier Industry, Industry Commit­ face. Applicant designated these pro­ appointed Industry Committee No. 35 for tee No. 35 for the Shoe Manufacturing posed fabrics as “ SP.W. 3184” , “SP.P. the Shoe Manufacturing and Allied In­ and Allied Industries, Industry Commit­ 3185”, “SP.P. 3186” . dustries; by Administrative Order No. tee No. 36 for the Woolen Industry, and Due consideration has been given to the 126, dated August 27, 1941, appointed Industry Committee No. 39 for the Tex­ application and the specifications of the Industry Committee No. 36 for the tile industry, in accordance with Section fabrics described therein and an opinion Woolen Industry; and by Administrative 511.22, Part 511, regulations of the Wage has been issued simultaneously herewith Order No. 136, dated January 5,1942, ap­ and Hour Division applicable to industry and has been filed with the Division of pointed Industry Committee No. 39 for committees, be and hereby aré dissolved. the Federal Register. For the reasons set the Textile Industry; which Committees Signed at New York, New York, this forth in the opinion and under the au­ have duly investigated conditions in said 15th day of M ay 1942. thority vested in the Price Administrator industries and recommended minimum L . M e t c a l f e W a l l i n g , by the Emergency Price Control Act of wage rates therefor; and Administrator. 1942, it is hereby ordered: Whereas, such recommendations have been approved and carried into effect by [P . R. Doc. 42-4680; Piled, M ay 21, 1942; (a) Mohawk Carpet Mills, Inc. may the Administrator in a wage order for the 11:29 a. m .] sell, offer to sell, deliver, or transfer the Single Pants, Shirts, and Allied Garments fabrics containing cotton, paper, and jute Industry, Regulations, Part 606, approved in the back and 50% wool and 50% rayon September 12, 1941; and in a wage order in the face at prices no higher than those for the Gray Iron Jobbing Foundry In­ OFFICE OF DEFENSE TRANSPORTA­ set forth below: dustry, Regulations, Part 602, approved TION SP.W. 3184 at 2.96 per square yard October 13,1941; and in a wage order for [Supplementary Order O.D.T. No. 2-2] f. o. b. mill. the Textile Industry, Regulations, Part SPP. 3185 at 2.18 per square yard 599, approved June 13, 1941; and in a D e s M o in e s R a i l w a y C o m p a n y f. o. b. mill. wage order for the Jewelry Manufactur­ SUBSTITUTION OF TROLLEY COACH SERVICE S P P . 3186 at 2.92 per square yard ing Industry, Regulations, Part 607, ap­ FOR STREET RAILWAY PASSENGER SERVICE f . o. b. mill. proved October 16, 1941; and in a' wage order for the Women’s Apparel Industry, Upon consideration of the application subject to discounts, allowances, and re­ Regulations, Part 605, approved Septem­ for authority to substitute trolley coach bates no less favorable than those in e f­ ber 12,1941; and in a wage order for the service for certain street railway pas­ fect as to “Bayshore”, “SP.P. 2017”, and Knitted and Men’s Woven Underwear senger service filed with this Office by “Startex” fabrics respectively, under and Commercial Knitting Industry, Reg­ the Des Moines Railway Company, as § 1352.1 of Revised Price Schedule No. 57. ulations, Part 613, approved November 4, contemplated by General Order O.D.T. The differential between the maximum 1941 ; and in a wage order for the Wood No. 2,1 and good cause appearing there­ f . o. b. mill prices and the cut order, extra Furniture Manufacturing Industry, Reg­ for, size, and zone maximum prices of “ SP. ulations, Part 611, approved October 17, It is hereby ordered, That Des Moines W. 3184”, “SP. P. 3185” , and “ SP. P. 3186” 1941; and in a wage order for the Mis­ Railway Company is authorized to shall be no less favorable than the dif­ cellaneous Apparel Industry, Regula­ abandon the street railway passenger ferential established under § 1352.1 of tions, Part 614, approved November 28, service and remove the rail on the Inger- Revised Price Schedule No. 57 between 1941; and in a wage order for the Knitted soll and West Des Moines line now op­ the maximum f . o. b. mill prices and the Outerwear Industry, Regulations, Part erated by it on Ingersoll Avenue, between cut order, extra size, and zone maximum 617, approved March 30, 1942; and in a 25th Street in Des Moines, Iowa, and the prices of “Bayshore”, “SP. P. 2017”, and wage order for the Passenger Motor Car­ westerly terminus of said line in West “Startex” fabrics respectively. rier Industry, Regulations, Part 615, ap­ proved December 5, 1941; and in a wage * 7 F Ä . 2952. 17 F R . 1314, 1836, 2000, 2132. 3838 FEDERAL REGISTER, Friday, May 22, 1942

(b) This Order No. 2 may be revoked § 1369.11 of Maximum Price Regulation or shall be granted. Notice is hereby or amended by the Administrator at any No. 113 shall apply to terms used herein. given of said hearing to the above-named declarant or applicant and to all inter­ time. This Order No. 1 shall become effective ested persons, said notice to be given (c) Unless the context otherwise re­ May 23, 1942. to said declarant or applicant by regis­ quires the definitions set forth in Issued this 20th day of May, 1942. § 1352.11 of Revised Price Schedule No. tered mail and to all other persons by L e o n H e n d e r s o n , 57 shall apply to terms used herein. publication in the F e d er al R e g is t e r . (d) This Order No. 2 shall become ef­ Administrator. I t is further ordered, That Willis E. fective May 23, 1942. [P . R. Doc. 42-4653; Filed, M ay 20, 1942; Monty, or any other officer or officers of 5:18 p .m .] the Commission designated by it for that Issued this 20th day of May 1942. purpose shall preside at the hearings in L e o n H e n d e r s o n , such matter. The officer so designated to Administrator. preside at any such hearing is hereby authorized to exercise all powers granted {F . R. Doc. 42-4659; Filed, May 20, 1942; SECURITIES AND EXCHANGE COM­ MISSION. to the Commission under section 18 (c) 5:21 p. m .] of said Act and to a trial examiner under [File No. 70-272] the Commisison’s Rules of Practice. L o n e S tar G a s C o r p o r a t io n It is further ordered, That without limiting the scope of issues presented M o o r e & C rago—A d j u s t m e n t G r a n t e d HEARING RECONVENED by said declaration or application (or [D ocket No. 3113-2] At a regular session of the Securities both) otherwise to be considered in this and Exchange Commission held at its proceeding, particular attention will be ORDER NO. 1 UNDER MAXIMUM PRICE REGULA­ office in the City of Philadelphia, Pa., directed at the hearing to the following TION NO. 113— IRON ORE on the 20th day of May, 1942. matters and questions; On April 24,1942, Moore & Crago, Tor- Lone Star Gas Corporation, a regis­ (1) The results of operations of the rey Building, Duluth, Minnesota, filed a tered holding company, having filed with said Northwest Cities Gas Company for petition for an adjustment pursuant to this Commission a declaration or appli­ the twelve months ended December 31, § 1369.9 (b) of Maximum Price Regula­ cation (or both) pursuant to the Public 1941. tion No. 113. Due consideration has been Utility Holding Company Act of 1935 and (2) The fairness of the proposed sale given to the petition, and an opinion in the Rules and Regulations promulgated of the bonds by Lone Star to North­ support of this Order No. 1 has been thereunder with respect to the sale by west Cities; issued simultaneously herewith and has said Company to Ban A. Bywaters, for (3) The reasonableness of any fees been filed with the Division of the Fed­ $5,000 in cash, of $206,500 principal or expenses to be paid, directly or in­ eral Register. For the reasons set forth amount of Twenty Year 6% First Mort­ directly, in connection with said trans­ in the opinion, under the authority gage Gold Bonds of Northwest Cities Gas action; vested in the Price Administrator by the Company, a subsidiary of said Lone Star (4) Generally, whether the proposed Emergency Price Control Act of 1942, and Gas Corporation; said Ban A. Bywaters transaction is detrimental to the public in accordance with Procedural Regula­ to extend to the said Northwest Cities interest or the interest of investors or tion No. I,1 issued by the Office of Price Gas Company, or its successor in re­ consumers or will tend to circumvent Administration, it is hereby ordered: organization, an option to purchase the the provisions of the Act or any rules, (a) Moore & Crago may sell and de­ said bonds from him; regulations or orders of the Commission liver, and agree, offer, solicit and attempt A hearing with respect to said proposed thereunder. to sell and deliver, the kinds and grades transactions having been held at the By the Commission. of iron ore set forth in paragraph (b), Regional Office of the Commission at at prices not in excess of those stated Fort Worth, Texas, on May 14, 1941 and [ s e a l ] O r v a l L . D u B o is , therein. Any person may buy and re­ May 15,1941 pursuant to due notice; Secretary. ceive, and agree, offer, solicit and attempt Lone Star Gas Corporation having filed [F . R. Doc. 42-4661; Filed, M ay 21, 1942; to buy and receive, such kinds and grades on April 25, 1942 an amendment of the 9:33 a. m .] of iron ore at such prices from Moore said declaration of application (or both) & Crago. so as to cause the same to provide-for (b) (1) Manganiferous ore <2.46% the sale of the aforementioned bonds to [File No. 52-17] manganese or more, dried; 54.28% com­ the said Northwest Cities Gas Company bined manganese and iron) $2.1865 per for $5,000 in cash in connection with the B o n d h o l d e r s C o m m it t e e fo r N o r t h w e s t gross ton, f. o. b. mine; silica penalty reorganization of the said Northwest C it i e s G a s C o m p a n y $0.07 per unit over 10% natural. Cities Gas Company instead of providing for the sale of said bonds to the said h e a r in g r e c o n v e n e d (2) Mesabi Bessemer ore (52.20% iron, Ban B. Bywaters with option to North­ At a regular session of the Securities natural content) $2.1828 per gross ton, west Cities Gas Company or its successor and Exchange Commission held at its f. o. b. mine; silica penalty $0.07 per in reorganization as aforesaid: office in the City of Philadelphia, Pa., unit over 10% natural. It appearing to the Commission that on the 20th day of May 1942. (3) Mesabi Non-Bessemer ore (52.20% the hearing herein should be reopened In the Matter of John H. Rauscher, iron, natural content) $2.0328 per gross and reconvened; W. D. Courtright, Earl W. Huntley, Paul ton f. o. b. mine; silica penalty $0.07 per It is ordered, That such hearing be re­ C. Harper and Frederick T. Sutton, as unit over 10% natural. opened and reconvened on May 29, 1942, Bondholders’ Advisory Committee for (c) All prayers of the petition not at 10:00 o’clock in the forenoon of that Northwest Cities Gas Company. granted herein are denied. day at the Securities and Exchange Com­ The above-named parties having filed (d) This Order No. 1 may be revoked mission, 18th and Locust Streets, Phila­ with this Commission a declaration or or amended by the Price Administrator delphia, Pennsylvania. On such day the application (or both) pursuant to the at any time. Hearing Room Clerk in Room 318 will Public Utility Holding Company Act of (e) Unless the context otherwise re­ advise as to the room where such hearing 1935 and the Rules and Regulations pro­ quires, the definitions set forth in will be held. At such hearing, cause shall mulgated thereunder with respect to a be shown why such declaration or appli­ plan of reorganization of Northwest Cit­ 17 F R . 971. cation (or both) shall become effective ies Gas Company, which company is a FEDERAL REGISTER, Friday, May 22, 1942 3839

subsidiary of Lone Star Gas Corpora­ (1) The results of operations of the whereas, in truth and in fact, registrant tion, a registered holding company; said Northwest Cities Gas Company for did not intend to act for them in their A hearing with respect thereto having the twelve months ended December 31, best interests, but, in violation of the been had pursuant to due notice and 1941; trust and confidence so reposed in him, such hearing having been continued sub­ (2) The fairness of the proposed sale intended to act and acted for his own ject to call; of bonds by Lone Star Gas Corporation account and in his own interest and in­ Amendments having since been filed to Northwest Cities Gas Company; duced said persons to purchase, and sold which inter alia (a) supply additional (3) Whether the proposed personnel of to such persons, various securities at financial data (b) provide that the the initial board of directors of the reor­ prices far in excess of the prices which shares of new common stock to be is­ ganized company is appropriate; registrant, at or about the time of such sued in connection with the reorganiza­ (4) Whether the proposed par value purchases, paid for such securities, and tion shall have a par value of $5 per of the shares of new common stock is far in excess of the prevailing market share (c) provide for the purchase by appropriate; prices therefor, and thereby derived said Northwest Cities Gas Company for (5) The subject matter of the before- secret profits. $5,000 in cash of $206,500 principal mentioned amendments and any here­ (b) That during the aforesaid period, amount of its outstanding bonds held after filed; registrant, while representing himself as by its said parent, Lone Star Gas Corpo­ (6) Whether the public interest re­ engaged in the securities business, for the ration, and (d) make certain changes quires continued operation of the busi­ purpose of selling to certain persons, and in the personnel of the proposed initial ness conducted by Northwest Cities Gas inducing them to purchase, various se­ board of directors of the reorganized Company; curities at prices far in excess of prevail­ company; the plan as presently amended (7) Whether the plan as now or here­ ing market prices, intended to and did providing that the initial board of direc­ after amended should be approved by this withhold from such persons information tors of the reorganized company shall Commission pursuant to Section 11 (f) as to the prevailing market prices thereof, consist of the following: of the Public Utility Holding Company and sold to them and induced them to Act of 1935. purchase such securities at prices having H. M. Thomas, of Walla Walla, Wash­ no reasonable relationship to such pre­ By the Commission. ington. vailing market prices. M. A. Marquis, of Walla Walla, Wash­ [ s e a l ] Or v a l L. DtrBois, ington. Secretary. 3. On April 27, 1942, registrant sub­ mitted to the trial examiner a stipula­ Roger L. Shidler, of Seattle, Washing­ [F. R. Doc. 42-4662; Filed, M ay 21, 1942; ton. tion, to be considered as part of the rec­ 9:33 a. m .] ord herein and as evidence in this and Paul R. Kelty, of Lafayette, Oregon. any other revocation proceeding brought Paul C. Newell, of Berkeley, California. pursuant to section 15 (b) of the Se­ G. D. Hall, of Yakima, Washington. curities Exchange Act of 1934 but not in A. K. E t t l in g e r C o m p a n y The said Roger L. Shidler to serve as any other action or proceeding. In said representative of Drumheller, Ehrlich- REGISTRATION REVOKED stipulation registrant agrees that: man & Company, an investment banker In the Matter of Albert K. Ettlinger, (a) A copy of the aforesaid order for and owner of certain of the outstanding doing business as A. K. Ettlinger Com­ proceedings and notice of hearing on the first mortgage bonds of the said North­ pany, 29 Broadway, New York, New York. question of revocation and suspension west Cities Gas Company; At a regular session of the Securities of registration pursuant to section 15 (b) It appearing to the Commission that and Exchange Commission held at its of the Securities Exchange Act of 1934 the hearing herein should be recon­ office in the City of Philadelphia, Penn­ was duly served on registrant and that he vened; sylvania, on the 19th day of May 1942. appears generally in said proceeding, It is ordered, That such hearing be 1. Albert K. Ettlinger, doing business personally and through counsel, and reconvened on May 29, 1942, at 10:30 as A. K. Ettlinger Company, hereinafter waives an opportunity for hearing. o’clock in the forenoon of that day at (b) During a period from approxi­ called registrant, is registered with this the Securities and Exchange Commis­ Commission as a broker and dealer mately January 1,1941, to approximately sion, 18th and Locust Streets, Philadel­ under section 15 of the Securities Ex­ September 30, 1941, registrant was en­ phia, Pennsylvania. On such day the change Act of 1934. gaged in the securities business as a Hearing Room Clerk in Room 318 will broker and dealer and used the mails 2. On March 20, 1942, we instituted advise as to the room where such hear­ proceedings under section 15 (b) to de­ and instruments of interstate commerce ing will be held. At such hearing, cause in effecting the transactions in and in­ termine whether registrant’s registration shall be shown why such declaration or ducing the purchase and sale of securi­ as a broker and dealer should be sus­ application (or both) shall become ef­ ties with customers hereinafter men­ pended or revoked. The order for pro­ fective or shall be granted. Notice is ' tioned otherwise than on a national se­ ceedings stated that information had hereby given of said hearing to the curities exchange. been reported to the Commission by its above-named declarants or applicants (c) On or about and between January staff, which, if true, tended to show that and to all interested persons, said notice 1, 1941, and September 30, 1941, regis­ registrant had wilfully violated the anti­ to be given to said declarants or appli­ trant effected transactions in securities fraud provisions of section 17 (a) of the cants by registered mail and to all other with Telka and Gerda Nilson, Olive L. Securities Act of 1933, section 15 (c) (1) persons by publication in the F ed er al Stillman, Martha Ziegler, Reginald of the Securities Exchange Act of 1934, R e g is t e r . Mason, Rheta Coles, Pat Gesino, and and the Commission’s Rules X-15C1-2 It is further ordered, That Willis E. Anna H. Matt, all customers of the regis­ (a) and (b ), promulgated pursuant Monty or any other officer or officers of trant, and said transactions were effected thereto. The information reported to the Commission designated by it for that as set forth in the schedules which per­ the Commission indicated: purpose shall preside at the hearings in tained to each of the above customers, such matter. The officer so designated (a) That during the period from ap­ which schedules were attached to, and to preside at any such hearing is hereby proximately January 1, 1941, to approxi­ made part of, the stipulation. authorized to exercise all powers granted mately September 30, 1941, registrant (d) The column referred to as “Low to the Commission under, section 18 (c) solicited the accounts of certain persons Bid” and “High Offer” in the schedules of said Act and to a trial examiner under who for the most part were uninformed mentioned above represents the bid and the Commission’s Rules of Practice. and inexperienced in matters of invest­ asked prices as printed in the National It is further ordered, That without lim ­ ment, and by his representations to, and Quotation Sheets for the respective dates iting the scope of issues presented by said his conduct toward such persons, induced mentioned. declaration or application (or both) them to believe that he would act and (e) The registrant did not disclose to otherwise to be considered in this pro­ was acting for them in their best inter­ any of the above mentioned customers ceeding, particular attention will be di­ ests, and to repose trust and confidence the prevailing market price of th e‘Securi­ rected at the hearing to the following in his advice with respect to the purchase ties mentioned and referred to in the matters and questions: and sale of securities for their accounts; schedules. 3840 FEDERAL REGISTER, Friday, May 22, 1942

Registrant has also consented to the customers the prevailing market prices Accordingly, It is ordered, pursuant to entry of an order revoking its registra­ of the securities involved in said trans­ section 15 (b) of the Securities Exchange tion as an over-the-counter broker and actions. Act of 1934, that the registration of Al­ dealer. 5. We find that the registrant has wil­ bert K. Ettlinger, doing business as A. K. fully violated section 13