Wanted Washington, Friday, February 11, 1938

VOLUME 3 NUMBER 30 Wanted

Washington, Friday, February 11, 1938

PRESIDENT OF THE UNITED STATES. plemented by Supplements Nos. 1, 2, 3 and 4 and Revised Truck Mine Price Schedule No. 1, and havihg determined E x e c u t iv e O rder that the provisions of sub-sections (a) and (b) of Part H AMENDMENT OF REGULATION VUI OF REGULATIONS GOVERNING of Section 4 of the Act and the purposes thereof will be APPOINTMENT OF UNCLASSIFIED LABORERS carried out more effectively by supplementing the aforesaid schedules and supplements by a further supplement as here­ By virtue of and pursuant to the authority vested in me inafter provided: by section 1753 of the Revised Statutes of the United States Now, therefore, pursuant to Act of Congress entitled “ An (U. S. C., title 5, sec. 631), it is hereby ordered that the first Act to regulate interstate commerce in bituminous coal, paragraph of Regulation v m of the civil service regulations and for other purposes” (Public, No. 48, 75th Cong., 1st governing the appointment of unclassified laborers be, and sess.), known as the Bituminous Coal Act of 1937, the Na­ it is hereby, amended to read as follows: tional Bituminous Coal Commission hereby orders: “A person having an unclassified competitive status, or 1. That the minimum prices of coals of code members eligibility for such status through competitive examination, produced within District No. 1, established in “Price Sched­ at the time he is separated without delinquency or miscon­ ule No. 1—District No. 1”, as supplemented by Supplements duct from an unclassified laborer position in the Federal Nos. 1, 2, 3 and 4 to Price Schedule No. i —District No. 1 service may be reinstated to a similar position under any de­ and Revised Truck Mine Price Schedule No. 1—District No. partment or independent establishment subject to physical 1, are hereby further supplemented as set forth in “ Supple­ examination and to the following limitations:” ment No. 5 to Price Schedule No. 1—District No. 1”, filed this day in the office of the Secretary of the Commission and F r a n k l in D R o o sevelt made a part hereof by reference as though fully set forth T h e W h it e H o u s e , herein, and such minimum prices, as shown in said Supple­ February 9, 1938. ment No. 5, shall be and hereby are determined and estab­ [No. 78111 lished as the minimum prices of coals of code members within District No. 1, and shall be effective at 12:01 o’clock [F. R. Doc. 38—456; Filed, February 10,1938; 9 :58 a. m.] A. M., on the 17th day of February, 1938. 2. That said Order No. 89, as modified by Orders Nos. 126, 148, 159, 187 and ,192 and Price Schedule No. 1—District DEPARTMENT OF THE INTERIOR. Number 1, and Supplements Nos. 1, 2, 3 and 4 thereto, and Revised Truck Mine Price Schedule No. 1—District No. 1, National Bituminous Coal Commission. except as modified herein and by Supplement No. 5 to Price [Order No. 218] Schedule No. 1—District No. 1, shall remain in full force and effect. A n O rder M o d if y in g O rder N o. 89, as M o d if ie d b y O rders 3. That the Secretary of the Commission shall forthwith Nos. 126, 148, .159, 187 and 192, a n d S upplementing t h e mail copies of this Order and Supplement No. 5 to Price S c h e d u le o f M i n i m u m P r ic e s for C o a ls o f C ode M em ber s Schedule No. 1—District No. 1 to the Consumers’ Counsel, P roduced W i t h i n D is t r ic t N o. 1, b y A d d in g T her eto a the Secretaries of the Bituminous Coal Producers’ Boards S upplemental S c h e d u l e o f P r ices T o B e K n o w n as “S u p ­ and to Code Members within District No. 1; shall cause p l e m e n t No. 5 to P rice S c h e d u l e N o. 1— D ist r ic t N o. 1” copies of this Order and said Supplement No. 5 to be made The National Bituminous Coal Commission having by its available for inspection by all interested parties at the Secre­ Order No. 89, as modified by Orders Nos. 126, 148, 159, 187 tary’s office of the Commission and at all Statistical Bu­ and 192,1 determined and established the minimum prices reaus of the Commission; and shall cause to be published a of coals of code members produced within District No. 1, as copy of this Order in the F ederal R e g ist e r . set forth in “Price Schedule No. 1—District No. 1”, as sup­ By order of the Commission. Dated this 7th day of February, 1938. 12 F. R. 2992,3301, 3375,3383 (D I) ; 3 F. R. 137,164 (D I). [ s e a l ] F . W it c h e r M cC u l l o u g h , Secretary. 393 394 FEDERAL REGISTER, F r i d a y , F e b r u a r y 11, 1938

TABLE OF CONTENTS UTTUM.' Department of Agriculture: Forest Service: ' fedemläregister Minidoka National Forest, occupancy, use, etc. of______398 ' ■W - xN National Forests, modification of regulations ' V , 1934 c ÜNijtO ^ governing occupancy, use, etc______398 Department of the Interior: National Bituminous Coal Commission: Orders amending temporary orders in the mat­ ter of: Published by the Division of the Federal Register, The National Consumers’ Counsel on behalf of: Archives, pursuant to the authority contained in the Federal Brooklyn Union Gas Co__------:------397 Register Act, approved July 26, 1935 (49 Stat. L. 500), under reg­ Consolidated Edison Co., of New York, Inc____ 397 ulations prescribed by the Administrative Committee, with the approval of the President. Koppers Company-Seaboard Division______396 Revised schedule of initial classifications, Sup­ The Administrative Committee consists of the Archivist or Act­ ing Archivist, an officer of the Department of Justice designated plement No. 1 : by the Attorney General, and the Public Printer or Acting Public District No. 1------394 Printer. Schedules of minimum prices supplemented: The daily issue of the F ederal R egister will be furnished by mail District No. 1______393 to subscribers, free of postage, for $1 per month or $10 per year; District No. 7„______395 single copies 10 cents each; payable in advance. Remit by money District No. 8______396 order payable to Superintendent of Documents, Government Print­ ing Office, Washington, D. C. President of the United States: Executive Order: Correspondence concerning the publication of the Federal R egister should be addressed to the Director, Division of the Appointment of unclassified laborers, Civil Serv­ Federal Register, The National Archives, Washington, D. C. ice Regulation V III amended------393

Supplement N o . 5 to P rice S chedule N o . 1, D istrict N o . 1 To All Code Members Within District No. 1: _ Effective February 17, 1938 the following changes in Price index of Price Schedule No. 1 of District No. 1 shall be made:

Size groups

Company Mine 1 2 3 4 5 6 7 9 12 13 14

Ajax No. 2______Q G GGG G GG 0-2 G2 G2 Elma No. 3______EEE E EEE E E EE Bird Nos. 1, 2 and 5------E EE EE E EEEE E Mountain Branch------C2 C2 C2 C2 C2 C2 C2 C2 C2 C2 C2 No. 37...... D DD DD D DDD D D No. 3 8...... D DD DD DD DD D D No. 39 ...... -...... D DDD D DD DD D D No. 40 ...... -...... D DDD DD DD D D D Nn 42 ____ D DDD DD DD D D D D DDD DDD D D D D C2 C2 C2 C2 C2 C2 j k C2 C2 C2 C2 C2 G GGGG G ' v G G G G G McNitt No. 2...... st. DDDD DD DD D D D C2 C2 C2 C2 C2 C2 C2 C2 C2 C2 C2 EEEEE EE EE E E

By order of the Commission. Dated this 7th day of February, 1938. F. W. M cC u l l o u g h , Secretary.

[F. R. Doc. 38-465; Filed, February 10,1938; 12:45 p. m.]

[Order No. 219] Classification Schedule 1—District No. 1” and having deter­ mined that the provisions of the Act and the purposes A n O rder M odifying O rder N o . 73, as M odified by O rder thereof will be carried out more effectively by supplementing No. 125, and Supplementing the R evised Schedule of the aforesaid Revised Classification Schedule 1—District Initial Classifications of Coals of Code M embers P ro­ No. 1 by a supplement as hereinafter provided: duced W it h in D istrict N o . 1 by A dding T hereto a Supple­ Now, therefore, pursuant to Act of Congress entitled “An mental Schedule of Classifications, T o B e K n o w n as Act to regulate interstate commerce in bituminous coal, and “Supplement N o . 1 to R evised Classification Schedule for other purposes” (Public, No. 48, 75th Cong., 1st sess.), 1—D istrict N o . 1” known as the Bituminous Coal Act of 1937, the National The National Bituminous Coal Commission having by its Bituminous Coal Commission hereby orders: Order No. 73,1 as modified by Order No. 125,a established the 1. That the Revised Schedule of Initial Classifications of schedule of initial classifications of coals of code members Coals of Code Members produced within District No. 1 be produced within District No. 1, as set forth in “Revised and the same is hereby supplemented as set forth in “Supple­ ment No. 1 to Revised Classification Schedule 1—District No. 1”, filed this day in the office of the Secretary of the 12 F. R. 2959 (D I). Commission 2 2 F. R. 3256 ( D I ) . and made a part hereof by reference as though FEDERAL REGISTER, Friday, February 11, 1938 395

fully set forth herein, and the classifications in said “ Supple­ [Order No. 220] • ment No. 1 to Revised Classification Schedule 1—District A n O rder M o d if y in g O rder N o . 95, as M o d if ie d b y O rders No. 1” shall be and are hereby determined and established N o s . 131, 163, 179, 190 and 215, an d S upplementing t h e as the classifications of coals of code members produced S c h e d u l e o f M i n i m u m P r ices for C o als o f C ode M e m b er s within District No. 1. P roduced W i t h i n D is t r ic t N o . 7, b y A d d in g T h e r e t o a 2. That except as herein modified, the Revised Classifica­ SUPPIEMENTAL SCHEDULE OF PRICES, T o B e K NO W N AS tion Schedule 1—District No. 1, as established by Order No. “S u p p l e m e n t N o . 5 to P r ic e S c h e d u l e N o . 1—D is t r ic t 125, shall remain in full force and effect. N o . 7 ” 3. That the Secretary of the Commission shall forthwith The National Bituminous Coal Commission having by its mail copies of this Order and said Supplement No. 1 to Order No. 95, as modified by Orders Nos. 131, 163, 179, 190 Revised Classification Schedule 1—District No. 1 to the Con­ and 215,1 determined and established the minimum prices of sumers’ Counsel, to the Secretaries of the Bituminous Coal coals of code members produced within District No. 7, as Producers’ Boards and to Code Members within District No. 1; set forth in “Price Schedule No. 1—District No. 7”, as sup­ and shah cause a copy of this Order to be published in the plemented by Supplements Nos. 1, 2, 3 and 4 and Truck Federal R eg ister . Mine Price Schedule No. 1, and having determined that the By order of the Commission. provisions of subsections (a) and (b) of Part n of Section Dated this 7th day of February, 1938. 4 of the Act and the purposes thereof will be carried out more effectively by supplementing the aforesaid schedules [ seal] F. W it c h e r M cC u l l o u g h , Secretary. and supplements by a further supplement as hereinafter provided: Now, therefore, pursuant to Act of Congress entitled “An S u p p l e m e n t N o . 1 to R ev ise d C lassification S c h e d u l e 1, Act to regulate interstate commerce in bituminous coal, and D is t r ic t No. 1 for other purposes” (Public, No. 48, 75th Cong., 1st sess.), The Supplemental Revised Schedule of Initial Classifica­ known as the Bituminous Coal Act of 1937, the National tions of Coals Of Code Members within District No. 1 as set Bituminous Coal Commission hereby orders: forth herein has been established by order of the Commis­ 1. That the minimum prices of coals of code members pro­ sion, effective as of this date, subject to such modifications duced within District No. 7, established in “Price Schedule No. 1—District No. 7” , as supplemented by Supplements Nos. and revisions as the Commission may establish by further 1, 2, 3 and 4 to Price Schedule No. 1—District No. 7 and orders. Truck Mine Price Schedule No. 1—District No. 7, are hereby Dated: February 7, 1938. further supplemented as set forth in “Supplement No. 5 to F. W. M cC u l l o u g h , Secretary. Price Schedule No. 1^-District No. 7” , filed this day in the office of the Secretary of the Commission and made a part hereof by reference as though fully set forth herein, and Nut such minimum prices, as shown in said Supplement No. 5, slack Run over Slack shall be and hereby are determined and established as the Producer Mine of X 0 to *Á" X 0 minimum prices of coals of code members within District No. mine and in­ and cluding under 7, and shall be effective at 12:61 o’clock A. M., on the 17th 2"xD day of February, 1938. 2. That said Order No. 95, as modified by Orders Nos. 131, z-Ajax Coal Company______Ajax No. 2______G-z GîZ Qiz 163, 179, 190 and 215 and Price Schedule No. 1—District No. c-B Quality Coal Company_____ B Quality #2 and #3... B B C z-Baker-Whiteley Coal Co______Elma No. 3______E-z E-z E-z 7, and Supplements Nos. 1, 2, 3 and 4 thereto, and Truck z-Bird Coal Company______Bird Nos. 1-2 and 5__ E-z E-z E-z Mine Price Schedule No. 1—District No. 7, exeept as modified e-Bumwell Coal Company______| Bum well______^ ____ E E E z-Dahlin, Roy______.. Mountain Branch...... Cj-z Cj-z Ci-z herein and by Supplement No. 5 to Price Schedule No. 1__ z-Davis Coal & Coke Co., The_ Mine No. 37______D-z D-z D-z District No. 7, shall remain in full force and effect. z-Davis Goal & Coke Go., T h e .. Mine No. 38______D-z D-z D-z z-Davis Coal & Còke Co., T h e .. Mine No. 39______D-z D-z D-z 3. That the Secretary of the Commission shall forthwith z-Davis Coal & Coke Co., Th e. J Mine No. 40______D-z D-z D-z mail copies of this Order and Supplement No. 5 to Price z-Davis Ooal & Coke Co., T h e .. Mine No. 4 2 ....____ ; D-z D-z D-z e-Daywood Coal Company_____ Daywood No. 1______D D D Schedule No. 1—District No. 7 to the Consumers’ Counsel, o-Diamond Coal Company_____ Randolph No. 2______F F.. F the Secretaries of the Bituminous Ooal Producers’ Boards and c-Ednie Fuel, Inc______Ednie______> C j Ca Ci z-Georges Creek Coal Co., inol__ ■ Nos. 3 and 4______D-z D-z D-z to Code Members within District No. 7; shall cause copies of c-Gould, Thomas V ______Midvale’No. 3______Ci Ci Cl this Order and said Supplement No. 5 to be made available c-Handel, Wm. & Son______Handel______;______F F ■ F e-Harlan Coal Company______Harlan__ .______G G G for inspection by all interested parties at the Secretary’s c-Hufl, I. L ______Lewis______G Gì Gj office of the Commission and at all Statistical Bureaus of the c-Jàckson Hill Coal Company... Jackson______O C c z-Johnstown Coal & Coke Co___ Portage No. 6______Qiz Oiz Ciz Commission; and shall cause to be published a copy of this e-Johnstown Coal & Coke Co___ No. 10______... c , C, C Order in the F ederal R eg iste r . c-Leadbetter Coal Company____ Empire “ G ” ______Ci Cl Cl c-Lilly Ben’s Creek Coal Co____ Ben’s Cr. Valley #1___ E -i E E By order of the Commission. c-Mathews, R. L. & Sons______■ Belfast No. 2______E E E Dated this 7th day of February, 1938. e-McClain Coal Company_____ ; Black No. 3-.______B B B z-McCombie Coal Mng. Co__ __ McCombie No. 2_.__J G-z G-z G-z [ s e a l ] F . W it c h e r M cC u l l o u g h , Secretary. Z-McNitt Coal Company, T h e .. M cN itt No. 2______D-z D-z D-z c-Midway Coal Company______M idway______-Gi Oi Ci •-Morrisdale Coal Mng. Co___ _ Shaft No. 3 - ...... D* D* D* S u p p l e m e n t N o. 5, P rice S c h e d u le N o. 1, D is t r ic t No. 7 c-Page Coal Company______Joseph Page______' O C G c-Page, James A . & Sons______Page No. 1.1______E E E To All Code Members Within District No. 7: e-Page, James A. & Sons______Page No. 2______F F F e-Pennington, C. E ______No. 4______;_____ I F F F Effective February 17, 1938, the following changes shall be z-Ralphton Coal Company_____ Ralphton No. l.___ __ Caz C]Z c-Romesburg, L. L ...... Ciz Saylor______F F F made in price indices: c-Standard Moshannon C. Co Standard No. 3______F F F Page 12-S-l: c-Straitifl, D. W _ ' Straitifl No. 6______c-Straitiff, D. W ...... DD D Straitiff No. 6______G GG e-Swanks Sons, Hiram ~~~~ No. 1______D i DD Size groups c-Swanks Sons, Hiram___ No. 1A______D D D e-Walnut Run Coal Cmnpänyl” Sunshine___ _.___.. .. r E E E Company Mine Walnut Run Coal Company__ Byrnes #1..______E z-Wilbur Coal Mng. Company_ E . E 1 2 3 •4 5 6 7 8 9 Knickerbocker #4_____ Ez Ez Ez

©-Additions. Jacob’s Fork Pocahontas Jacob’s Fork M ine.. EE «-Reclassifications. Coal Co. * Correction.

[P. R. Doc. 38-459; Piled, February 10,1938; 12:43 p. ny] 12 F. R. 3032,3311,3387 (D I) ; 3 P. R. 85,139,336 (D I ). 396 FEDERAL REGISTER, F r i d a y , F e b r u a r y 11, 1938

Page 14-S-l: Schedule No. 1—District No. 8 to the Consumers’ Counsel, the Secretaries of the Bituminous Coal Producers’ Boards and - Size groups to Code Members within District No. 8; shall cause copies of this Order and said Supplement No. 6 to be made available Company Mine for inspection by all interested parties at the; Secretary’s 1 2 3 4 5 6 7 8 9 office of the Commission and at all Statistical Bureaus of the Commission; and shall cause to be published a copy of this Beckley Fire Creek Coal Co. AA AA ABB B B Order in the F ederal R eg ister . By order of the Commission. Page 14-S-l: Dated this 7th day of February, 1938. [ s e a l ] F. W itc h e r M cC u l l o u g h , Secretary. Size groups

Company Mine S u p p l e m e n t N o. 6 P r ic e S c h e d u l e N o. 1—D is t r ic t N o. 8 1 2 3 4 6 6 7 8 9 To All Code Members Within District No. 8:

Alpha Beckley Mine. BB Effective February 17 the following changes shall be made in Price Schedule No. 1 and supplements thereto: Page No. BP 2: By order of the Commission. The prices provided for Elk River Coal & Lumber Co., Rich Dated this 7th day of February, 1938. Run Mine when shipped into Market Areas Nos. 1, 1A, 2 and F. W. M cC u l l o u g h , Secretary. 3 shall be changed as follows: [F. R. Doc. 38-460; Filed, February 10,1938; 12:43 p. m.] Now read Change to read Now read Change to read

Group 17, 232...... No Change. Group 19, 212______L— 207. [Order No. 221] Group 18, 222. . _____ 217% Group 197 ______No Change.

A n O rder M o d if y in g O rder N o. 96, as M o d if ie d b y O rders 12" lump in size group 18 may take a price of “ 212.” Nos. 132, 164, 184, 191, 211 an d 216, and S upplementing t h e S c h e d u l e o f M i n i m u m P r ic e s for C o als o f C ode Page 2-S-l:. M em ber s P r o duced W i t h i n D is t r ic t N o. 8, b y A d d in g Price Instructions and Exceptions No. 9 shall be changed T h er eto a S upplemental S c h e d u l e o f P r ic e s, T o B e to read as follows: K n o w n as “S u p p l e m e n t N o. 6, to P rice S c h e d u l e N o. 1— Cannel Coal Prices D is t r ic t N o. 8” The National Bituminous Coal Commission having by its A ll dis­ All dis­ tricts Logan tricts Logan Order No. 96, as modified by Orders Nos. 132, 164, 184, 191, except district except district 211 and 216,1 determined and established the minimum Logan Logan prices of coals of code members produced within District No. 8, as set forth in “Price Schedule No. 1—District No. 8” , Block, Chunks and 250 200 400 350 Machine Cuttings__ 160 120 as Supplemented by Supplements Nos. 1, 2, 3, 4 and 5 and' Egg— — 323 300 Truck Mine Price Schedule No. 1, and having determined that the provisions of sub-sections (a) and (b) of Part n of Section 4 of the Act and the purposes thereof will be carried Page 65-S-l out more effectively by supplementing the aforesaid schedules The “Note” at bottom of this page shall be changed to and supplements by a further supplement as hereinafter read as follows: provided: “N ote.— Slack coal having a maximum top size of may be priced 100 per net ton lower than size group 9 when shipped into Now, therefore, pursuant to Act of Congress entitled “An all Market Areas listed above excepting Market Areas Nos. 40, Act to regulate interstate commerce in bituminous coal, and 41, and 42.” for other purposes” (Public, No. 48, 75th Cong., 1st sess.), Page No. 57-S-l: known as the Bituminous Coal Act of 1937, the National The following clause shall be inserted: Bituminous Coal Commission hereby orders: “N ote.:—Slack coal having a maximum top size of % " may be 1. That the m in im u m prices of coals of code members priced 100 per net ton lower than size group 9 when shipped Into produced within District No. 8, established in “Price Sched­ Market Areas Nos. 2, 4 or 6.” ule No. 1—District No. 8”, as. supplemented by Supplements Page No. 61-S-l: Nos. 1, 2, 3, 4 and 5 to Price Schedule No. 1—District No. The following clause shall be inserted: 8 and Truck Mine Price Schedule No. 1—District No. 8, are hereby further supplemented as set forth in “ Supplement “N ote.— Slack coal having a maximum top size of % " may be priced 100 per net ton lower than size group 9 when shipped into No. 6 to Price Schedule No. 1—District No. 8” , filed this day Market Areas Nos. 7, 8, 9, 10 and 11.” in the office of the Secretary of the Commission and made By order of the Commission. a part hereof by reference as though fully set forth herein, Dated this 7th day of February, 1938. and such minimum prices, as shown in said Supplement No. 6, shall be and hereby are determined and established F. W. M cC u l l o u g h , Secretary. as the m in im u m prices of coals of code members within [F. R. Doc. 38-461; Filed, February 10,1938; 12:43 p. m.] District No. 8, and shall be effective at 12:01 o’clock A. M., on the 17th day of February, 1938. 2. That said Orders Nos. 96, 132, 164, 184, 191, 211 and [Docket No. 224-FD] 216 and Price Schedule No. 1—District No. 8, and Supple­ I n t h e M atter o f C o n s u m e r s ’ C o u n s e l o n B e h a lf o f K oppers ments Nos. 1, 2, 3, 4 and 5 thereto, and Truck Mine Price C o m p a n y -S eaboard D iv is io n Schedule No. 1—District No. 8, except as modified herein AN ORDER AMENDING TEMPORARY ORDER ENTERED HEREIN ON and by Supplement No. 6 to Price Schedule No. 1—District FEBRUARY 5, 1938 1 No. 8, shall remain in full force and effect. 3. That the Secretary of the Commission shall forthwith The Commission having entered a temporary order in the mail copies of this Order and Supplement No. 6 to Price above entitled matter on the 5th day of February, 1938, and

2 F. R. 3040, 3281,3388 (D I) ; 3 F. R. 101-136,140,303,349 (D I ) . 3F.R.342 (DI). FEDERAL REGISTER, F r i d a y , F e b r u a r y 11, 1938 397 having reviewed the said temporary order, and it appearing New York) shall take the following minimum prices per net that said temporary order should be amended as hereinafter ton of 2,000 lbs. f. o. b. mine, as set opposite the respective provided, price index:” ’ New, therefore, it is hereby ordered: "A”------$2.00 1. That paragraph 1 of said temporary order be and the “B ”------1.95 is hereby rescinded, and the following paragraph is “C”------1.90 hereby substituted in lieu thereof: ( “D ”------1.85 « 1. That pending final disposition of the aforesaid petition 2. That said temporary order, except as herein amended, or until further order of the Commission, that Supplement shall remain in full force and effect until further order of No. 2, Price Schedule No. 1—District No. 7 (by-product) be the Commission. v and the same is .hereby modified and revised to contain the 3. That the Secretary of the Commission shall forthwith following provisions as if the same were more fully set forth mail copies of this order to the Consumers’ Counsel, the therein: Secretaries of the Bituminous Coal Producers’ Boards, to “ ‘Low volatile coals in said by-product price schediile, sold code members within District No. 7, and to petitioner; shall cause a copy of this order to be made available for inspection and used for by-product purposes, moving through tidewater (Hampton Roads, Virginia) for delivery into Market Area by all interested parties at the office of the Secretary of the Commission and at all Statistical Bureaus of the Commis­ No. 1-A (points as Port of New York including Port Chester, New York) shall take the following minimum prices per net sion; and shall cause a copy of this order to be published in the F ederal R eg ist e r . ton of 2000 lbs. f. o. b. mine, as set opposite the respective price index:’ ” By order of the Commission. “A”______- ______;______$2.00 Dated this 8th day of February, 1938. “B ”______1. 95 [ s e a l ] F. W itc h e r M cC u l l o u g h , Secretary. "C ”______1.90 “D”______- ______1.85 [F. R. Doc. 38-463; Filed, February 10,1938; 12:44 p. m.] 2. That said temporary order, except as herein amended, shall remain in full force and effect until further order of the Commission. 3. That the Secretary of the Commission shall forthwith [Docket No. 226-FD] mail copies of this order to the Consumers’ Counsel, the I n t h e M atter o f C o n s u m e r s ’ C o u n s e l o n B e h a l f o f C o n ­ Secretaries of the Bituminous Coal Producers’ Boards, to so lidated E d is o n C o m p a n y o f N e w Y o r k , I ncorporated code members within District No. 7, and to petitioner; shall cause a copy of this order to be made available for inspec­ AN ORDER AMENDING TEMPORARY ORDER ENTERED HEREIN ON tion by all interested parties at the office of the Secretary FEBRUARY 5, 1938 1 of the Commission and at all Statistical Bureaus of the Com­ mission; and shall cause a copy of this order to be published The Commission having entered a temporary order in the above entitled matter on the 5th day of February, 1938, and in the F ederal R e g ist e r . having reviewed the said temporary order, and it appearing By order of the Commission. that said temporary order should be amended as hereinafter Dated this 8th day of February, 1938. provided, [ se al] F. W it c h e r M cC u l l o u g h , Secretary. Now, therefore, it is hereby ordered: 1. That paragraph 1 of said temporary order be and the [F .R.Doc.38-462; Filed,February 10,1938; 12:44p.m.] same is hereby rescinded, and the following paragraph is hereby substituted in lieu thereof: “ 1. That pending final disposition of the aforesaid petition [Docket No. 225-FD] or until further order of the Commission, that Supplement No. 2, Price Schedule No. 1—District No. 7 (by-product) be I n t h e M atter o f C o n s u m e r s ’ C o u n s e l o n B e h a l f o f B r o o k ­ and the same is hereby modified and revised to contain the l y n U n i o n G as C o m p a n y following provisions as if the same were more fully set forth therein: AN ORDER AMENDING TEMPORARY ORDER ENTERED HEREIN ON FEBRUARY 5, 1938 1 ‘Low volatile coals in said by-product price schedule, sold and used for by-product purposes, moving through tidewater The Commission having entered a temporary qfder in the (Hampton Roads, Virginia) for delivery into Market Area above entitled matter on the 5th day of February, 1938, and No. 1-A (points at Port of New York including Port Chester, having reviewed the said temporary order, and it appearing New York) shall take the following minimum prices per net that said temporary order should be amended asi hereinafter ton of 2,000 lbs. f. o. b. mine, as set opposite the respective provided, price index:’ ” Now, therefore, it is hereby orderd: ^ “A”------...------$2.00 1. That paragraph 1 of said temporary order be and the “B”------r ------1.95 same is hereby rescinded, and the following paragraph is “C”------* ------1. 90 hereby substituted in lieu thereof: “P ” ------1.85 “ 1. That pending final disposition of the aforesaid peti­ 2. That said temporary order, except as herein amended, tion or until further order of the Commission, that Supple­ shall remain in full force and effect until further order of ment No. 2, Price Schedule No. 1—District No. 7 (by-prod­ the Commission. uct) be and the same is hereby modified and revised to con­ 3. That the Secretary of the Commission shall forthwith tain the following provisions as if the same were more fully mail copies of this order to the Consumers’ Counsel, the set forth therein: Secretaries of the Bituminous Coal Producers’ Boards, to “ ‘Low volatile coals in said by-product price schedule, sold code members within District No. 7, and to petitioner; shn.ii and used for by-product purposes, moving through tidewater cause a copy of this order to be made available for inspec­ (Hampton Roads, Virginia) for delivery into Market Area tion by all interested parties at the office of the Secretary No. 1-A (points at Port of New York including Port Chester, of the Commission and at all Statistical Bureaus of the

‘ 3 F. R. 342 (DI). 13 F. R. 343 (D I ) . 398 FEDERAL REGISTER, F r i d a y , F e b r u a r y 11, 1938

Commission; and shall cause a copy of this order to be pub­ In Witness Whereof, I have hereunto set my hand this 9th lished in the F ederal R e g ist e r . day of February, 1938. By order of the Commission. [ s e a l ] H. A. W a lla c e , Dated this 8th day of February, 1938. Secretary of Agriculture. [ s e a l ] F. W it c h e r M cC u l l o u g h , Secretary. [F. R. Doc. 38-464; Filed, February 10,1038; 12:44 p. m..] [F. R. Doc. 38-457; Filed, February 10,1938; 11:87 a.m..]

DEPARTMENT OF AGRICULTURE. O c c u p a n c y , U se, P r o t e c t io n , and A dministration o f N ational Forest Service. F orests M in id o k a N a t io n a l F o r est MODIFICATION OF REGULATION T -8 1/^ Whereas, a number of horses are grazing in trespass on the Minidoka National Forest; and By virtue of the authority vested in the Secretary of Agri­ Whereas, these horses are consuming forage needed by culture by the Act of Congress of February 1, 1905 (33 Stat., domestic livestock under permit, are overgrazing the ranges, 628), amendatory of the Act of June 4,1897 (30 Stat., 11, 35), and causing extra expense to established permittees; I, H. A. Wallace, Secretary of Agriculture, do hereby amend Now, Therefore, by virtue of the authority vested in the Regulation T-8V2 of the rules and regulations governing the Secretary of Agriculture by the Act of Congress of February occupancy, use, protection, and administration of the National 1, 1905 (33 Stat., 628), amendatory of the Act of June 4, Forests, to read as follows: 1897 (30 Stat., 11), I [Henry A. Wallace], Secretary of 8 2 Agriculture, do make and publish the following order for Reg. T - V . Upon National Forest lands designated under Reg. Gr-20 A the following acts are prohibited: the occupancy, use, protection, aiid administration of the Minidoka National Forest; Hunting, fishing, trapping, catching, disturbing, or killing 1. The Sublett and Black Pine Divisions of the Minidoka any kind of game, non-game, or fur-bearing animals, game National Forest are hereby closed to the grazing of horses or non-game fish, or game or non-garfie birds, or taking the during the. period February 10 to March 31, 1938, except eggs of any such fish or bird, except during the hunting, those used in connection with operations on the National trapping, and fishing seasons established by the Secretary, Forest or by the traveling public. and in accordance with the terms and conditions of a permit 2. Unless the horses now trespassing on the Sublett and issued by a duly authorized officer, which is valid and sub­ Black Pine Divisions of the Minidoka National Forest are sisting at the time. removed on or before February 9, 1938, Forest officers are In testimony whereof, I have hereunto set my hand and hereby authorized to dispose of them in the most humane official seal at the City of Washington this 9th day of manner. February, 1938. 3. Public notice of intention to dispose of such horses will [ s e a l] H. A. W allace, be given by posting notices in public places or advertising in Secretary of Agriculture. a newspaper of general circulation in the area in which the Forest is located. [F. R. Doc. 38-458; Filed, February 10,1938; 11:37 a. m.]