EISTEB

NUMMBE M3

ITashungton, Thursday, February 15, 1945

ee. CONTENTS Regulations 702.607 Appeals. 702.608 Area bulletins, Instructions and REGULATIONS AND NOTICES forms. TITLE 7-AGRICULTURE 702.609 DdfnitionB. AGncurnnAsLAnxus irAG=cz: Pa 702.610 Authority, availability of fund3 and Ifsular agricultural conserva- Chapter IV-War Food Administration applicability. tion pro=7am--...... - 1851 (Crop Insurance) A=Ho=r: §§ 702.801 to 702.610. inclusive, AL=nn PnoPrsT Cusoxxnu: issued under 49 Stat. 1148. 1915; 52 Stat. 31. Vesting of copyrights of certain PART 414-WHEAr CRop IzzsuRA C 204, 205; 53 Stat. 550; 54 Stat. 210, 727; 55 German nationals __ _ 1914 REGULATIONS Stat. 257,860; 56 Stat. 761; Pub. Law 425. 78th Bibliographlsches Institut Cong., 2d Sea-; E.O. 9322. 8 PY.R 3807; U.O. AG 1913 Correction 9334, 8 P.R. 5423; E.O. 9392, 8 P.R. 14783. Springer, Julius ...... 1913 Springer, Julius, and R. 01- In Federal Register Document 45- § 702.601 Farm allowances, Practices denbourg__ _ 1915 2152, appearing at page 1585 of the issue and rates of Payment-(a) Farm allow- ances. Farm allowances shall be estab- FrzniAL Chop IR;u=,xzic Conron- for Wednesday, February 7, 1945. the lished in each area upon recommenda- headnote of § 414.1 should read "Avail- tion of the State office and approval of Wheat crop insurance regula- ability of wheat crop tnsurance." The the Agricultural Adjustment Agency for tions (Corr.) 1951 last sentence of § 414.13 should read as the purpose of limiting payments to FEaEnn Powvn Conssox: follows: available funds. Farm allowance shall Panhandle Eastern Pipe Line Co., notice of application "The wheat crop shall be deemed to be based upon practices which will pro- vide for the equitable distribution of for certiflate ...... 1912 have been substantially destroyed if the payments on the basis of individual farm Fo.G,zsEco:.oucAmosTnArzon: Corporation determines that it has been conservation needs. Blanket license "BIT"; vege- so badly damaged that farmers gener- (b) Conservationpractices-t) Basis table oils and fats-...... 1924 ally in the area where the farm is located for approval. The conservation prac- General licenses; French India and on whose Farms similar damage oc- tices for which payment will be made (2 documents)- 19 curred would not further care for the shall be those which are recommended Ho=, Owmn' Losms CoxorArxo: Housing credit; insufficient pay- crop or harvest any portion thereof." by the State office of each area of the ments.....1854 Insular Region and approved by the Chief of the Agricultural Adjustment IT;r -ms-TECo==cz Coruesox: Bunker and retop ilng, restric- Agency, as best adapted for each of the tIon 1911 Chapter VII-War Food Admmnstration areas to maintain and increase soil fer- tility, control and prevent erosion caused Relcing permit; oranges and (Agricultural Adjustment) grapefruit at Charleston, by wind or water; encourage conserva- S. C1912 J1945 Bulletin] tion and better agricultural use of water; or conserve and increase range and pas- O c or Dekn TnAsrcn0Axrox: PART 702-INsUL.R AGRICULTURAL CoNSER- ture forage. Common carriers, coordinated VATION PROGRA=I Payment will be made within the limit operations: of the farm allowance for carrying out Dallas and Palestine, Tex--- 1919 Paymentwill be made for participation Greenville, Pa., and Youngs- in the calendar year 1945 conservation town, Ohio-...... 1916 in the 1945 Agricultural- Conservation practices approved for each area. To Program in Alaska, Hawaii, and Puerto qualify for payment practices must be Maryland 1917 Rico (hereinafter referred to as the 1945 carried out by methods and with the New York City and Long Is- land, N. Y___ _ 1917 program) in accordance with the pro- kind of seed and other materials that New YorL, N. Y., New Jersey, visions of tis bulletin and such modifi- conform to good farming practice, and and Baltimore, d.d____ 1918 cations thereof as mayhereafter be made. must conform with prescribed spclflca- Te=s ..... _ 1916 se. tions. Orc or Pum: ADiudsx&io:: '102.601 Farm allowances, practices, and (2) Practicescarried out wtith State or Adjustments and pricing or- rates of payment. Federal aid. The extent of any practice ders: 702.602- Division of payments. shall not be reduced because It Is carried Alvarez, Manuel, et aL___ 1921 "702.603 Increase in small payments. out with materials or services furnished Armstrong, 1., Sr., et al-_. 1923 '102.604 Payments limited to $10.000.00. by the Agricultural Adjustment Agency, Beaton & Corbin 'Manufactur- 702.605 General provisions relating to pay- furnished by the Soil Con- ing Co _ ____ 1925 ment. equipment 702.606 Application for payment. (Continued on next p2ge) (Continued on next pa ga) 1851 1852 FEDERAL REGISTER, Thursday, February 15, 1945

CONTENTS-Continued (2) The rates of payment for engi- OFFCE OF PRICE ADIwNIsTRATIoN- neering and construction practices may Continued. Page not exceed the estimated average cost of labor, materials and use of eqipment. Military purpose articles, sales (3) The FEBEiMA REGISTER and fabrications (MPR 157, rates of payment for other Am. 16) ------1910 practices may not exceed 75 percent of Pig iron (RPS 10, Am. 10) --- 1910 the estimated average cost of perform- ing the practice. WAR DEPARTMENT: Published daily, except Sundays, Mondays, Supplies and equipment: § 702.602 Division of payments. The and days following legal holidays, by the Procurement: payment earned In carrying out practices Division of the Federal Register, the National Contracts ------1862 shall be paid to the producers who car- Archives, pursuant to the authority contained Fohns ------1902 ried out the practices. If more than one in the Federal Register Act, approved July 26, Instructions, general ------1855 producer contributed to the carrying out 1935 -(49 Stat. 500, as amended; 44 U.S.C., of the practices on the farm in ch. 8B), under regulations prescribed by the Labor ------1865 1945, the Administrative Committee, approved by the Purchases: payment shall be divided in the propor- President. Distribution is made only by the General policies ------1855 tion that the State office determines the Superintendent of Documents, Government Interbranch and inter- producers contributed to the carrying Printing Office, Washington 25, D. 0. departmental ------1863 out of the practices. All persons contrib- The regulatory material appearing herein is Miscellaneous instruc- uting to any practice carried out on a keyed to the Code of Federal Regulations, tions ------1896 particular acreage shall be deemed to which is published, under 50 titles, pursuant have contributed equally to section 11 of the Federal Register Act, as Renegotiation and price to the carrying amended June 19, 1937. adjustment ------1897 out of that practice unless they establish The F-MAT REGT will be furnished by Property disposal: to the satisfaction of the State office that mail to subscribers, free of postage, for $1.50 Appendix ------1904 their respectiVe contributions thereto per month or $15.00 per year, payable in ad- Non-repairable property-- 1903 were not in equal proportion, in which vance. The charge for individual copies Serviceable non-military event the participation shall be deter- (minimum 150) varies in proportion to the property ------1903 mined by the proportion which the State size of the issue. Remit check or mpney office order, made payable to the Superintendent WAR FOOD ADmINISTPA-TION: finds each person contributed of Documents, directly to the Government See also Agricultural Adjust- thereto. Prlnting Office, Washington 25, D. C. ment Agency- Federal Crop § 702.603 Increase in small payments, There are no restrictions on the republica- The total payment tion of material appearing In the F' ar. Insurance Corporation. computed under REGLSTER. Milk and cream, fluid; delega- § 702.601 for any person with respect to tion of authority to market any farm shall be increased as follows: agents (WFO 79-102, Am. (a) Any payment amounting to 71 cents or less shall be Increased to $1, NOTICE 8) ------1854 (b) Any payment 1)---- amounting to more Poultry (WFO 125, Am. 1854 than 71 cents but less than $1 shall be Book 1 of the 1943 Supplement to WAR PRODUCTION BOARD: increased by 40 percent; the Code of Federal Regulations Canners, enameled cold pack (c) Any payment amounting to $1 or may be obtained from the Superin- (L-30-b, Dir. 2) ------1910 more shall be increased in accordance tendent of Documents, Government Controlled materials plan; spe- with the following schedule: Printing Office, at $3.00 per copy. cial allotments (CMP Reg. Inercase in 1909 This book contains the material in 1, Dir. 22) ------Amount of payment comptited: payment $1.00 to $1.99 ------$0.40 Titles 1-31, including Presidential Farm chain, deliveries by chain manufacturers (PR 19, Dir. $2.00 to $2.09 ------.80 documents, issued during the period $3.00 to $3.99 ------1.20 2) ------1904 from June 2, 1943, through Decem- $4.00 to $4.99 ------1.00 Imports of strategic materials $5.00 to $5.99 ------2,00 ber 31, 1943. (M-63) ------1905 $6.00 to $6.99 ------. 2.40 Suspension order; Buzzell Elec- $7.00 to $7.99 ------2.80 $8.00 to $8.99 ------3.20 trio Works ------1904 $9.00 to $9.99 ------. 3,0 CONTENTS-Continued Woodpulp, ureferred status of $10.00 to $10.90 ------_- 4.00 $11.00 to $11.99 ------_--- 4.40 OFFICE OF PRICE ADMINISTRATION- deliveries and uses (M-93, Dir. 1) ------1909 $12.00 to $12.90 ------4.80 Continued. $13.00 to $13.99 ------_-----_--.20 Adjustments and pricing or- $14.00 to $14.99 ------5...,0 ders-Continued. Page $15.00 to $15.99 ------0.00 Bonnie Butter Products Co., servation Service, materials or services $16.00 to $16.99 ------0,40 et al ------1924 furmshed by an agency of a Territory or $17.00 to $17.99 ------0...... 80 Browning, Frank, and J. E__ 1920 Puerto Rico to another agency of the $18.00 to $18.80 ------7.20 Brule Smokeless Coal Co., same Territory or to Puerto Rico. In $19.00 to $19.99 ------7.60 $20.00 to et al ------1919 other cases of State or Federal aid, the $20.99 ------8,.00 Eastern Oklahoma Coal Co., $21.00 to $21.99 ------8.20 total extent of any practice performed et al ------1920 $22.00 to $22.99 ------. 40 Goodyear Tire and Rubber shall be reduced for purpose of payment $23.00 to $23.99 ------_----- 8,60 by not less than the percentage of $24.00 CO ..... 1925 the to $24.99 ------8,80 Green Coal Co ------total cost of the practice which the State $25.00 to $25.99 ------9...00 1921 $26.00 to $26.99 ------9.20 Rest Wel Products ------1925 office determines was furnished by a Salt Lick Coal Co., et al ------1922 State or Federal agency. $27.00 to $27.99 ------9...40 $28.00 to $28.99 ------.. . 60 Smith, T. L., Co ------1924 (c) Rates of payment. The rate of Automobiles, u1sed passenger $29.00 to $29.99 ------. 80 payment for carrying out any practice $30.00 to $30.99 ------10.00 (MUPR 540, mcL. Am. 1-5)__ 1911 in each area of the Insular Region will Defense-rental $31.00 to $31.99 ------_ 10.20 areas; resort be recommended by the respective State $32.00 to $32.99 ------_- 10.40 housing (Housmng, Atlantic office and approved by the Agricultural $33.00 to $33.99 ------10.60 County Area, Am. 8) ------1911 Adjustment Agency, in accordance with $34.00 to $34.99 ------10,.80 Fruits and vegetables, fresh the following provisions: $35.00 to $35.99 ------_----11.,00 (VIPR 426, Am. 85) ------1910 (1) The rates of payments for $36.00 to $36.99 ------11,20 applica- $37.00 to $37.99 ------_-- 11.40 Hawaii, grocery items (MPR tion of material may not exceed 80% of 373, Am. 126, 127) (2 docu- $38.00 to $38.99 ------_------11.00 the estimated average cost of such mate- $39.00 to $39.99 ------_ 11.80 ments) ------1911 rials determined on a farm delivery basis. $40.00 to $40.9 ------12,0 FEDERAL REGISTER, Thursday, February 15, 1915 1853 Increase in such a scheme or device, or require him mitted to the State office within the time Amount of payment computed: payment to refUnd in whole or in part, the amount fixed by the Chief. At least two weeks' $41.00 to $41-9 ------12.10 of any payment which has been or would notice to the public shall be given of the $42.00 to $42.99..... - ---- 12.20 otherwise be made to him in connection expiration, of a time limit for filing pre- $43.00 to $4 .99 ------12.30 $44.00 to $ .99------12.40 with the 1945 program. scribed forms or required information, $45.00 to 4599- 12.50 c) Failure to carry out approved and any time limit shall be such as af- $46.00 to $46.99...... 12.60 erosion control measures. Payment will fords a full and fair opportunity to those $47.00 to $47.99 ------12.70 not be made to any person with respect eligible to file the form or Information $48.00 to $48.99 - 12.80 to any farm which he owns or operates if within the period prescribed. $49.00 to 4999------12.90 the State office finds that he has been Notice shall be given by mailing it to $50.00 to $50.99 ------13.00 negligent and careless in his farming the office of each local Agricultural Ex- $51.00 to $51.99 ------13.10 operations by falling to carry out ap- tension Agent, and making copies of it $52.00 to $5299 ------13.20 proved erosion control measures on land available to the press. $53.00 to $53.99 ------13.80 0 $54-00 to $54.99 -- 13.40 under his control to the extent that any § 702.607 Appeals. Any producer $55.00 to $5599 ------13.50 part of such land has become an erosion may, within 15 days after notice thereof $56.00 to $56.99 ------1360 hazard during 1945 to other land in the Is forwarded to or made available to him, $57.00 to $57.99 13.70 community. request the State office in writing to re- $58.00 to $5899. --- 13.80 d) Payment computed and made consider Its recommendation, or deter- $59.00 to $59.99 ------13.90 without regard to claims. Any payment $60.00 to $185.99 ------14.00 mination in any matter affecting the or share of payment shall be computed right to or the amount of his payment $186.00 to $199.99------(1) and made without regard to questions of $200.00 and over ...... (2) with respect to the farm. The State office title under Territorial law or law of shall notify him of Its decision in writing 2'Increase to $200. Puerto Rico; without deduction of claims No increase. within 15 days after receipt of a written or advances made (except as provided in request for reconsideration. If the pro- § 702.604 Payments limited to $10,- paragraph (e) of this section, and except ducer is dissatisfied with the decision of for indebtedness to the United States 000.0-(a) Individufals, partnerships, the State office he may within 15 days estates. The total of all payments made subject to set-off under orders Issued by after its decision is forwarded to or made in connection with the 1945 program to the War Food Administrator), and with- available to him request the Chief to any individual, partnership, or estate out regard to any lien against any crop review the decision of the State office. with respect to farms, ranching units or proceeds thereof, In favor of the owner Written notice of any decision ren- and turpentine places located within a or any other creditor. dered under this Section by the State single State, Territory, or possession (e) Assignments. Any person who office shall also be issued to each other shall not exceed $10,000.00. may be entitled to any payment in con- producer on the farm who may be (b) Others. The total of all pay- nection with the 1945 program may as- adversely affected by the decision. ments made in connection with the 1945 sign his payment in whole or in part as § 702.603 Arca bul etins, instructions program to any person other than an security for cash loaned or advances individual, partnership, or estate with made for the purpose of financing the and farms. The Agricultural Adjust- respect to farms, ranching units and making of a crop in 1945. No assign- ment Agency is authorized to make de- turpentine places in the United States ment will be recognized unless It is made terminations and to prepare and issue Area Bulletins, instructions and (including Hawaii, Alaska and Puerto in writing on Form ACP-69, and in ac- forms Rico) shall not exceed $10,000.00. cordance with the instructions (ACP-70) required in administering the 1945 program. (c) Evasion. All or any part of any Issued by the Agricultural Adjustment payment which has been or otherwise Agency. § 702.609 Definitions. For the purpose would be made to any person under the § 702.606 Application for payment- of the 1945 program: 1945 program may be withheld or re- (a) Persons eligible to fde app!1cations. "Administrator" means the War Food quired to be refunded if he has adopted An application for payment with respect Administrator. or participated in adopting any scheme to a farm may be made by any perzon "Chief" means the Chief of the Agri- or device designed to evade, or which who contributed to the carrying out of cultural Adjustment Agency. has the effect of evading the provisions approved practices. "1sular Region" means the area in- of this section. (b) Time and manner of fding appli- eluded in the Territory of Alaska, the § 702.605 General provisions relating cations and information.required. Pay- Territory of Hawaii and Puerto Rico. to payment-a) Practices defeating ment will be made only upon application "State Office" means the office of the purposes of the program. If the State submitted on the prescribed form to the Agricultural Adjustment Agency in Fair- office finds that any producer has respective State officers on or before the banks,. Alaska, Territory of Alaska; adopted or participated in any practice time limit as established by the Chief of Honolulu, Territory of Hawaii; San which tends to defeat the purposes of the the Agricultural Adjustment Agency, ex- Juan, Puerto Rico; depending upon the 1945 or previous programs, he may with- cept that the timely filing of an applica- area concerned. hold or require to be refunded all or any tion by one person on a farm shall con- "Person" means an individual, part- part of any payment which has been or stitute the timely filing on behalf of all nership, association, corporation, trust would be computed for such person. persons on that farm. Payment may be or estate, or other business enterprise (b) Depriving others of payment. If withheld from any person who falls to or le-al entity wherever applicable, a the State office finds that any person has file any form, or furnish any information State, Territory, or Possession, or a po- employed any scheme or device (includ- required with respect to any farm which litical subdivision, or agency thereof. ing coercion, fraud, or misrepresenta- such person is operating or renting to "Farm" means all tracts of cropland, tion) the effect of which would be or has another- person for a share of the crop pasture land, and other land in Alaska, been to deprive any other person of any grown thereon, or for cash or standing Hawaii or Puerto Rico (considering payment under the program, it may rent. tracts located in only one of these areas) withhold, in whole or in part, from the Any application may be rejected if any operated by one or more parsons in 1945 person participating in or employing form or information required is not aub- as a single farming unit, with cropping 1854 FEDERAL REGISTER, Thursdabq February 15, 1945 practices, work stock, farm machinery, United States or a corporation wholly [WFO 125, Amdt. 1] management, and labor substantially owned by it. PART 1414-POULTRY separate from that for any other such Issued at Washington, D. C., this 13th POULTRY unit, and including any other land which day of February 1945. serves as watershed for the supply of ASHLEY SELLERS, War Food Order' No. 125 (10 P.R. water for the farm and on which any Assistant War Food Admzinstrator 1662), Issued on February 8, 1945, Is applicable conservation practice is per- hereby amended as follows: formed. IF. R. Doe. 45-2530; Filed, Feb. 13, 1945; 1. By deleting from § 1414.8 (b) (4) 3:25 p. i.] § 702.610 Authority, availability of the comma after word "thereof", and funds -and applicability-(a) Author- also deleting therefrom the following: ity. This program is approved pursuant "1.e., an authorized poultry eviscerator," Chapter XI-War Food Administration to the authority vested in the Secretary 2. By deleting from § 1414,8 (b) (9) of Agriculture under section 7-17, mclu- (Distribution Orders) the comma after the word "thereof", and also deleting therefrom the fol- sive, of the Soil Conservation and Do- [WFO 79-102, Amndt. 8] Allotment Act, as amended, and lowing: "i. e., an authorized poultry can- mestic ner," In the War Food Administrator by Exec- PART 1401-DAIRy PRODUCTS utive Order No. 9322, as amended by DELEGATION OF AUTHORITY TO MARKET 3. By deleting therefrom the provi- Executive Order No. 9334 and Executive AGENTS IN ADIINISTRATION OF VAR FOOD sions in § 1414.8 (d) (iv) and inserting, Order No. 9392. ORDERS FOR CONSERVATION AND DISTRIBU- in lieu thereof, the following: (b) Availability of funds. The provi- TION OF FLUID MILK AND CREAM (iv) Canned poultry in glass or tin sions of the 1945 program are necessarily Pursuant to War Food Order No '79, containers, if such canned poultry was subject to such legislation affecting the as amended (8 F.R, 12426, 13283, 9 F.R. produced prior to the effective date program as the Congress of the United 4321, 4319, 6982, 9459, 10035, 11990, 10 hereof; and. States may hereafter enact; the making P.R. 103) dated September 7, 1943, and The provisions of this amendment of the payments herein provided is con- to effectuate the purposes thereof, War shall become effective at 12:01 a. in., tingent upon such appropriations as the Food Order No. 79-102, as amended (8 e. w. t., February 14, 1945, Congress may hereafter provide for such 7 purpose, and the amounts of such pay- F.R. 16313, 9 P.R. 337, 4321, 4319, 4500, (E.O. 9280, P.R. 10179; E.O, 9322, 8 10241, ments will necessarily be within the 11308, 12948, 14007, 14875, 10 P.R. P.R. 3807; E.O. 9334, 8 1.R. 5423; B1O, limits finally determined by the appro- 103, 126) is hereby further amended by 9392, 8 FR. 14783) priation. deleting therefrom the provisions in Issued this 13th day of February 1945, § 1401.135 (b) (7) and substituting there- (c) Applicability. The provisions ex- ASHLEY SELLERS, for the following: cept where the content otherwise indi- Assistant War Food Administrator (7) With the prior approval of the cates, are applicable only to the Terri- IF. R. Doec. 45-2532; Filed, Feb. 14, 1045 tories of Alaska, Hawaii and Puerto Rico. Chief, Dairy and Poultry Branch, Office 9:38 a. m.) They do not apply to any department or of Marketing Services, to increase quo- bureau of the United States Government tas for any handler: Provided, That no or any corporation wholly owned by the increase of more than 10 percent of his United States, or to grazing land owned base deliveries of milk or butterfat in by the United States which was acquired milk or of more than 15 percent of his TITLE 24-HOUSING CREDIT or reserved for conservation purposes or base deliveries of butterfat in cream may Chapter IV-Home Owners' Loan which is to be retained permanently be made. Corporation under Government ownership, including, The provisions of this amendment but not limited to, grazing land admin- shall become effective at 12:01 a. In., [Bulletin 3521 istered under the Taylor Grazing Act, or e. w. t., February 14, 1945. With respect by the Forest Service or the Soil Con- to violations, rights accrued, liabilities PART 408--ACCOUNTINCI SECTION servation Service of the United States incurred, or appeals taken under said INSUFFICIENT PAYMENTS Department of Agriculture, or by the War Food Order No. 79-102, as amended, Bureau of Biological Survey of the prior to the effective time of the pro- Section 408.00k (24 CFR, Cum. Supp., United States Department of Interior. visions hereof, the provisions of said § 408.00k) is amended by deleting tho The program is applicable to (1) pri- War Food Order No. 79-102, as amended, second sentence, and inserting the fol- vately-owned lands; (2) lands owned by in effect prior to the effective time hereof, lowing sentence in lieu thereof: shall continue Jn full force and effect corporations which are partly owned by §408.00k I n s u fl c ie n t payments. the United States, such as Federal Land for the purpose of sustaining any proper * * * The appropriate account af- suit, action, or other proceeding with re- Banks and Production Credit Associa- fected shall be credited with the amount tions; (3) lnds temporarily owned by the spect to any such violation, right, lia- bility, or appeal. of such Insufficiency, with a contra debit United States or a corporation wholly to such accounts as the Comptroller owned by it, which were not acquired or (E.O. 9280, 7 F.R. 10179; E.O. 9322, 8 shall prescribe. * * * reserved for conservation purposes in- P.R. 3807- E.O. 9334, 8 P.R. 5423; E.O. Effective: February cluding lands admimstered by the Farm 9392, 8 F.R. 14783; WFO '79, 8 P.R. 12426, 13, 1945. Security Administration, the Reconstruc- 13283, 9 F.R. 4321, 4319, 6982, 9459, 10035, (Sees. 4 (a) 4 (k) 48 Stat. 129, 132, as tion Finance Corporation, the Home 11990, 10 P.R. 103) amended by see. 13, 48 Stat. 647; 12 Owners' Loan Corporation, or the Fed- U.S.C. 1463 (a), (k), E.O. 9070, '1 P.R. Issued this 12th day eral Farm Mortgage Corporation, or by of February 1945. 1529) any other Gbvernment agency desig- C. W KITCHEN, J. FRANCIS MOORE, nated by the Agricultural Adjustment Directorof Marketing Services. Secretary. Agency, and (4) any cropland farmed IF. R. Doe. 45-2522; Filed, Feb. 18, 1945; IF.R. Doc. 45-2531; Flied, Fob. 13, 1945; by private persons which is owned by the 1:01 p. m.1 4:39 p. In.] FEDERAL REGISTER, Thursday, February 15, 1915 1,515

TITLE 10-ARMY WAR DEPARTMENT (4) Any request which involves any in- list for the receipt of future changes to crease or decrease in the number of such regulations. Chapter VII--Supplies and Equipment copies of revisions to be furnished (b) Avalabili y of procurement regu- lationsto prlrateconcerns. (1) The com- [Procurement Regs. 1, 2, 3, 6, 7, 9, 11, 12 should specify not only the new number and 13] of copies desired but also the number of plete procurement regulations, and the copies currently being furnished. In changes made by each revision, are re- MISCELLANEOUS AzIyrTDwNTs addition, any such request and any re- printed in the F-Dm-L REGISTR, winch is quest for a change of address should available, at a nominal charge, from the The following amendments and addi- specify the mailing address (as appear- Superintendent of Documents, Washing- tions to the regulations contained in ing on the envelope or package in which ton 25, D. C. The filing sheet of each Parts 801, 802, 803, 806, 809, 811, 812, 813, revisions are received) to which revi- revision to complete sets of procurement 824, 826 and 829 are hereby prescribed. sions currently are being forwarded. regulations lists the particular Issues of These regulations are also contained in (5) Any request which involves an in- the F==A RSTRs in which such re- War Department Procurement Regu- crease in the number of copies of com- printing has taken place. In addition, lations dated 5 September 1942 (9 FR. plete sets being maintained at an in- the complete procurement regulations, or in certain cases particular procurement 83631) as amended by Revision 45, 8 Feb- stallation, or an increase in the number of copies of revisions to be forwarded to regulations, are also reprinted in ceftam ruary 1945, the particular regulations commercial services. 6, 7, 9, 11, 12 and 13. an installation, should be accompanied being Nos. 1, 2, 3, by information concerning the need for (2) The Joint Termination Regulation In section numbers the figures to the the increase. (PR 15) and changes thereto, in separate right of the decimal point correspond (6) Communications (including re- looze-leaf form, are available in limited with the respective paragraph numbers quests mentioned in this paragraph) per- quantities, free of charge, to war con- in the procurement regulations. talining to the distribution of procure- tractors and allied organizations from the AurEoaiTy: Sec. 5a, National Defenae Act. ment regulations may be by letter or Joint Termination Regulation Distribu- as amended, .'1 Stat. 764, 54 Stat. 1225; 10 memorandum. Such requests need not tion Center, Room 633, 90 Church Street, U.S.C. 1193-1195, and the First War Powers be in the form of formal requisitions. New York 7, New York. A mailing list Act, 1941, 55 Stat. 838; 50 U.S.C. Sup. 601-622. (7) Except as indicated in paragraph Is maintained by that office for the for- warding of future changes. [SEA] J. A. UmIo, (b) of this section, no distribution Is made of any individual procurement (3) Procurement Regulation No. 7 and Mayor General, changes thereto, in separate loose-leaf The Adjutant General. regulation in separate form. (b) Distributionto military establish- form, are available on a subscription Subchapter A-Procurement ments of Procurement Regulation No. basis, at a nominal charge, from the Su- perintendent of Documents, Washington [Procurement Reg. 1] 7 and Joint Termination Regulation (PR 15 in separate form) (1) Procurement 25, D.C. A mailing list is maintained by PART 801-GENERAL INSTRUCTIONS Regulation No. 7 and the Joint Termina- that office for the forwarding of future tion Regulation (PR 15) are included in changes. SUBPART B-DISTRIBUTION OF PROCUMELIENT complete sets of ProcuremeLit Regula- REGULATIONS tions and in revisions to complete sets. [Procurement Re. 21 Section 801.106 is amended to read as Paragraph (a) of this section relates to follows: distribution of complete sets and revi- PAnt 802-Gsiuns PuncHsE PoLCIs § 801.106 Distribution of procure- sions to complete sets. In addition, SUBPArT D-CONTRACT PLACELIENT ment regulations-(a) Distribution to Procurement Regulation No. 7 and the Joint Termination Regulation (PR 15) 1. In § C02.221 paragraph (d) Is military establishments of-complete sets amended to read as follows: of. procurement regulations and of re- and changes thereto, in separate form, vzsons to complete sets. (1) Complete are available to military establishments § 802.221 Purchaseof used or second- and of as indicated in subparagraphs (2) and hand materials. 0 a 0 sets of procurement regulations (d) Purchasesfrom disposal agenczs. revisions to complete sets are distributed (3) below. Regulation No. 'land (See § 806.613.) by Legal Branch, Office, Director of Ma- (2) Procurement teriel, Headquarters, Army Service changes thereto, in separate loose-leaf 2. Paragraphs (c) (d) and (eT of distributed through Adjutant Forces, Room 5C-659, The Pentagon, form, are § C02.233 are amended to read as fol- General Depots and, in case of the Army lows: Washington 25, D. C. ATSC District Offices (2) All communications pertaining to Air Forces, through §802.223 Factors governrng place- Service the distribution of complete sets of pro- and Headquarters, Air Technical ment of contracts. 0 0 * Command, Wright Field, Dayton, Ohio. curement regulations and of revisions (c) Production urgency committees. Requisitions for Procurement Regulation There have ben established in labor to complete sets, including: separate for complete sets; No. 7 and changes thereto, In shortage areas certain committees (I) Requests termed Production Urgency Committees, or decrease form, should be addressed and forwarded (Ii) Requests for increase distribution office and with authority among other things to of copies of revisions to to the appropriate in the number not to the address mentioned in para- approve the placement of contracts in be furnished; graph (a) (1) of this section. Group I labor areas as indicated In para- (iii) Requests for copies of particular (3) The Joint Termination Regulation graph (d-1) of this section. revisions; thereto, in separate (d) Policy and procedures as to plac- (iv) Requests for missing pages or (PR 15) and changes loose-leaf form, are distributed through ig contracts in labor shortage areas. tab cards; the Joint Termination Regoi ation Distri- Paragraphs (d-1) through (c) of this (v) Requests for change of address Center, Room 633, 90 Church section set forth the policy and prose- forwarded; bution to which revisions are to be Street, New York 7, New York. Requests dures in connection with the placement of revi- (vi) Requests that mailings for the Joint Termination Regulation and of contracts and contract supplements in sions be discontinued; should be ad- thereto, in separate form, should labor shortage areas. The terms "con- forwarded directly to the changes dressed and be addressed and forwarded to that office tracts" and "contract supplements" as subparagraph (1) address mentioned in and not to the address mentioned in used in such paragraphs include in- (3) Any request for comulete sets formal, as well as formal, commitments. whether or paragraph (a) (1) should specifically indicate (4) When requesting Procurement (d-1) Group I areas--() Contracts not any addition or other change is to Regulation No. 7 or the Joint Termina- permitted to be placed in Group I areas. be made in the mailing list for future Placement of contracts In Group I areas - tion Regulation (PR 15), in separate revisions. form, the requesting installation should is to be avoided so far as possible. Sub- ject to the requirements of subpara- 2See also 9 P.R. 9460, 9585, 10944, 12242, specify whether or not any addition or 13315, 14159; 10 .R. 556. other change is to be made In the mailing graphs (3) and (4), the only contracts 1856 FEDERAL REGISTER, Thursday, February 15, 1945 or contract supplements which may be (d-2) Group II areas. The only con- to provide a single system within the placed in a Group I area are those: tracts or contract supplements which Army for reporting placement, cancella- (i) Which cannot be placed elsewhere may be placed in a Group II area are: tion and amendment of contracts. with adequate assurance of obtaining (1) Continuation contracts (or con- (b) Effective date. Compliance is re- satisfactory performance and timely de- tract supplements having the same effect quired, effective 1 March 1945, with the liveries; as continuation contracts) whichwill not revised procedures provided in this sub- (i) Which, in the considered judg- increase employment in the contractor's part. However, in the event the new ment of the chief of the technical serv- plant above the ceiling currently estab- Purchase Action Report Forms W.D., ice concerned or of his authorized rep- lished by the War Manpower Commis- A.G.O. No. 375 (original) and W.D., resentative, it is impracticable to place sion; A.G.O. No. 376 (supplemental), which re- elsewhere; (2) New contracts which cannot be place the old Report of Negotiated Pur- (Ili) Which are placed, pursuant to placed in a Group III, IV or unclassified chase in Excess of $10,000, W.D., A.G.O. §802.224, with originating manufac- area with adequate assurance of per- Forms No. 496 and 495, are not available turers for newly developed articles; or formance and timely deliveries; by 1 March 1945, existing supplies of (iv) Which are placed with a con- (3) Contracts or contract supplements old forms may be used until such time tractor currently employing less than 100 which, in the considered judgment of the as the new forms become available, wage earners and which will not increase chief of the technical service concerned Every effort will be made to utilize the employment in the contractor's plant or of his authorized representative, it is new forms as early as possible. above the ceiling currently establisned impracticable to place in a Group III, (c) Authority of PurchasesDivision as by the War Manpower Commission. IV or unclassified area; to reporting. The Purchases Division, (2) Contracts not requiring clearance (4) Contracts placed, pursuant. to Headquarters, Army Service Forces, re- of Production Urgency Committees. §802.224, with originating manufac- tains full authority pertaining to pur- A contract or contract supplement of the turers for newly developed articles; or chase action reporting requirements es- character referred to in subparagraph (5) Contracts or contract supplements tablished by this subpart, despite the de- (1) may be placed in a Group I area with a contractor currently employiing centralization of some of the operating without clearance of a Production Ur- less than 100 wage earners and which will functions. gency Committee, if the contract or con- not increase employment in the contrac- (d) Matters to be reported. All pur- tract supplement will not increase em- tor's plant above the ceiling currently chase actions, original and supplemental, ployment in the contractor's plant above established by the War Manpower Com- as defined in § 802.291 Cc) and (d), will the ceiling currently .established by the mission. be reported if involving the required War Manpower Commission: Provided, (e) Policy with respect to placing of dollar amount. however That the reporting procedure contracts in Group III, Group IV and § 802.291 Deflnitions-(a) Technical prescribed in subparagraph (3) is to be unclassified labor areas, There are no service. Notwithstanding the provisions followed when applicable. restrictions upon the placement of con- (3) Reporting of intended placement tracts in a Group fII, IV or unclassified of § 801.108 (e) the term, "technical serv- of contracts not requiring clearancewith area. It is the policy of the War De- ice" when used in this subpart, shall be Production Urgency Committees. Be- partment to make every effort to place a deemed to include the Army Air Forces, fore placement of an unclassified con- substantial amount of its business with but shall not be deemed to include any tract or contract supplement having a concerns located in, Group IV areas, to service command. The term "chief of total value of. $100,000 or more, which the extent placement there is consistent a technical service" shall be deemed to pursuant to subparagraph (2) does not with other procurement objectives and include the Commanding General, Army require clearance of the appropriate Pro- satisfactory performance and timely de- Air Forces. duction Urgency Committee, the report- liveries can be assured. (b) Service command. The term serv- ing requirements of this subparagraph ice command" shall be deemed to include (3) will be followed. Four copies of War SUBPART C-CONTRACT PRICE POLICIES the Military District of Washington and Production Board Form GA-861, duly In § 802,232 (e) the last sentence of the Northwest Service Command, completed, and having endorsed thereon subparagraph (2) Is deleted tO read as (c) Purchase action. A purchase ac- follows: tion is any transaction whatsoever (in- the proposed contract number and the cluding all types of awards, also manda- legend "Critical production-informa- § 802.232 ,Cost-plus-a-fixed-fee con- tory orders and requisitions under Part tion only-no increase in labor over the tracts. * * * ceiling currently established by the War 814) with any individual, firm, corpora- (e) Existing contracts. * * tion or Governmental agency not under Manpower Commission" will be trans- (2) One purpose of the War Depart- the jurisdiction of the War Department, mitted to the appropriate Production ment in converting cost-plus-a-fixed- Urgency Committee. These reports will involving the purchase or lease of goods, fee contracts to a fixed price basis is to real estate or services of every character be transmitted through the Army-repre- develop lower prices and costs and and description, and usually obligating sentative on the Committee, or in the greater eficiency in the utilization of Government funds; Provided, however, case of the Army Air Forces through the manpower and capacity, not only under That the following are not regarded as Army Air Forces representative on the the contract which is being converted Committee, at least 7 days before place- purchase actions and therefore are not but also under futurd contracts for simi- reportable: ment of ,the contract or contract supple- lar products. It is, therefore, the policy ment, unless this will unduly delay pro- (1) Transactions of the Army Ex- to convert wherever, on an over-all ap- change Service (see § 802.294 (c)), duction, in which case the report will praisal of the situation, such conversion be transmitted as far in advance of (2) Pay of individuals; is practicable. This principle is subject (3) Shipping and traveling expenses: placement as is practicable. to the limitation that conversion will (4) Contracts requiring clearance of (4) Open-end contracts for services Production Urgency Committees. No not be deemed to be practicable (i) if which are subject to open allotment as there will bb undue interference with enumerated in Circular 245, W.D., 1944 contract or contract supplement, of any production for the purpose of taking in- value, which will increase employment (communication services, telephone and in the contractor's plant above the ceil- ventory, (ii) if the proposed conversion telegraph are examples of this class of ing established by the War Manpower will take place at an unduly late stage of contract), Commission, may be placed in a Group I production, or (iii) if the conversion in- (5) Indefinite quantity contracts, such 'rea without prior clearance of the ap- volves disproportionate accounting work as those listed in § 806.605d, which are for propriate Production Urgency Commit- with respect to past periods of pro- the use of more than one technical service tee. Applications for clearance of the duction. or service command; and Committee will be made to the Commit- SUBPART I-PURCHASE ACTION REPORTS (6) Delivery or purchase orders placed tee for the area in which are located the against a contract executed by another facilities of the contractor at which the Subpart I is revised as set forth below" Department of the Government, such as work, or a major part of the work, will § 802.290 General-(a) Purpose. This a contract executed by the Procurement be done. Applications for clearance subpart relates to procedures established Division, Treasury Department. May seek approval of a single contract for purchase action reporting in order Each delivery or purchase order in excess or of an entire program. to comply with requirements of law and of $10,000 issued against an indefinite FEDERAL REGISTER, Thursday, February 15, 1915 1857 quantity contract of the character de- allotment has been made and which Is (ill) The total cost (actual or esti- scribed in subparagraph (5) above, is located within the continental limits of mated) of such purchase action is in- considered to be a purchase action and the United States or in the Northwest creased or decreased by more than $1,000. should be reported as such on W.D., Service Command, to file reports of pur- The original and one copy (or more if A-G.O. Form No. 375 (see § 802.295 (c) chase actions. Such reports, however. directed by appropriate authority) of the (3)) are not required to be filed by stations Supplemental Purchase Action Report (d)Supplemental purchase action. A under the jdrlsdiction of the command- will be forwarded to the chief of the supplemental purchase action is any bng generals of the Army Ground Forces appropriate technical service or to the transaction affecting the cost of an exist- or of the Defense Commands, or sta- commanding general of the appropriate ing purchase action by means of change tions outside the continental limits of service command not later than the fifth order, supplemental agreement, amend- the United States (except those in the calendar day following the date of ac- ment, cancellation, extension, renewal, Northwest Service Command), tion. 4Sae § E02.291 (h).) etc., this includes changes resulting from (b) Metlwd of determining whether (2) For purposes of purchase action renegotiation, price adjustment, export report is to be filed with chiel of tech- reporting, a decrease to $10,000 or less of differentials, etc. Changes such as ad- nical service or commanding general of the total previously reported cost (actual justments due to over or under deliveries service command. The numbering of or estimated) involved in a purchase pursuant to a Vanation in Quantities the contract being reported determines action will be considered and reported as clause (see § 802.295 (c)(1)) are not sup- to whom the report Is to b2 forwarded by a complete cancellation of such purchase plemental purchase actions. the station concerned. A purchase ac- action. This Is so because only purchase (e)Preliminary contractual agree- tion or supplemental purchase action actions involving a total cost in excess ments. The term "preliminary contract- bearing a contract number which con- tains the letter symbol representing a of $10,000 are reportable. If, due to a ual agreements" as used in this subpart, decrease to $10,000 or less in total cost in- refers to all written agreements which particular technical service (see § 803.309 Volved In a purchase action, a Supple- do not obligate War Department funds to (b)) will be reported to the chief of that mental Purchase Action Report has been the full amount which it is anticipated technical service. A purchase action or filed showing the complete cancellation will be obligated finally. Letter orders, supplemental purchase action bearing letter purchase orders, letter contracts a contract number which contains the of such purchase action and if subse- and letters of intent are examples of pre- symbol indicating a particular gervice quent changes (including termination liminary contractual agreements (see command (see § 803.318b (e)) will be re- settlements) increase such total cost to W.D. Contract Form No. 7, § 813.1307, as ported to the commanding general of more than $10,C00, a further Supple- one type of such agreement) For man- that service command. mental Purchase Action Report (W.D., ner of reporting, see § 802.295 (a) (c) OriginalPurchase Action Reports. A.G.O. Form No. 376) will be filed; not- (f)Open-end contract. The term (1) A Purchase Action Reiort (W.D., withstanding the provisions of paragraph "open-end contract" as used in this sub- A.G.O. Form No. 375, see § 802.297 (a)) (c) (2) such Increase should not be re- will be submitted for every original pur- flected on a Purchase Action Report part, means a contract in which no final (W.D., A.G.O. Form No. 375). completion date is set and which usu- chase action which Involves a total cost (3) Supplemental purchase actions ally involves recurring charges for goods (actual or estimated) in excess of $10 000. and services. (Contracts for gas, elec- The original and five copies (or more if involving increases or decreases of $1,000 tricity or water may be cited as exam- directed by appropriate authority) of or less In the total cost (actual or esti- ples.) such report, will be forwarded to the mated) of previously reported purchase For manner of reporting, see actions, normally will not be reported on § 802.295 (b) chief of the appropriate technical service (g) Indefinite quantity contracts. For or commanding general of the appropri- the Supplemental Purchase Action Re- the purposes of this subpart, indefinite ate service command, not later than the port (W4.1, A.G.O. Form No. 376) but will, instead, be included in the M11onthly quantity contracts are considered to in- fifth calendar day following the date of clude those contracts which permit de- award of the purchase action. (See Summary Report (see paragraph (e) of 5802.291 (h)) this section and § 802-297 (c-1) (4) (iii)) liveries to be made in larger or smaller Exceptions to this general rule concern- quantities than stated in the contract, (2) When a purchase action, which was not reported because it previously Ing supplemental purchase actions of either at the option of the contractor $1,000 or lecs are: U) .When the or of the contracting officer, and with or Involved a total, cost of not more than supple- without a written change order modify- $10.000, Is increased so as to involve, after mental purchase action Involves an in- of report- such- increase, a total cost (actual or crease In the total cost (actual or esti- ing the contract. For manner mated) from $10,000 or less to more ing, see § 802.295 (c) estimated) In excess of $10 000, a Pur- than (h) Date of award; date of action. chase Action Report (W.D., A.G.O. Form 10.000; and (ii) When the supplemental award" of an original pur- No. 375, see § 802.297 (a)) will be sub- purchase action involves a decrease in The "date of the total previously reported cost (actual chase action is the date upon which a mitted. The original and five copies (or verbal or written notice of award there- more if directed by appropriate author- or estimated) from more than $10,000 to of is given by the contracting officer to Ity) of such report will be forwarded to $10,000 or less. In the former case the the contractor. The "date of action" the chief of the appropriate technical entire purchase action will be reported service or commanding general of the as an original purchase action on W.D., with respect to a supplemental purchase A.G.O. Form No. 375 (see par. (c) (2)) action is the date upon which verbal appropriate service command not later than the fifth calendar day following and in the latter case It will be reported or written notice thereof is given by the as a complete cancellation on W.D, contracting officer to the contractor. the date of award, which, In this In- stance, is considered to be the date on A.G.O. Form No. 376 (see par. (d) (2)) § 802.292 Filing of reports by stations which , written or verbal notice of the (e) Monthly Summary Report of Pur- under the 2urtsdiction of chiefs of tech- increase Is given by the contracting chase actions. (1) Within five calendar nical services or commanding generals officer to the contractor. days after the close of each calendar of service commands. Stations under the (d) Supplemental Purchase Action month, one copy (or more if directed by jurisdiction of chiefs of technical serv- Reports. (1) Subject to the conditions appropriate authority) of the Uonthly ices or commanding generals of service set forth in this paragraph, a Supple- Summary Report (see paragraph (c) of commands are required to file purchase mental Purchase Action Report (W.D., this section) will be submitted to the action reports of the types, in the man- A.G.O. Form No. 376, see § 802.297 (b)) chief(s) of the appropriate technical ner, and under the conditions provided will be submitted for every supplemental service(s) Each Monthly Summary in paragraphs (a) through (e) of this purchase action as defined in § 802291 Report will reflect all original (WID., sbction. Stations under the jurisdiction (d) when, with respect to the purchase A.G.O. Form No. 375) and all Supple- of functional staff divisions, Headquar- action involved (including such supple- mental (WI)., A.G.O. Form No. 376) ters, Army Service Forces, will file such mental purchase actions, if any, as may Purchase Action Reports submitted to reports as provided in § 802.294. have been reported previously) the chief(s) of such technical service(s) (a) Stations required to report. Ex- (t) The cost of such purchase action during -the preceding calendar month. cept as noted below, it is the responsi- is completely cancelled, In addition each Monthly Summary Re- bility of every station (whether an ex- (iW) The total cost (actual or esti- port will reflect the total of all supple- empted or non-exempted station) to mated) of such purchase action is de- mental purchase actions which () In- which a reallocation, allotment or sub- oreased to $10,000 or less, or volve increases or decreases during the 1858 FEDERAL REGISTER, Thursday, February 15, 1945

month under report of $1,000 or less in each technical service to the Command- § 802.295 Special Instructions con- the cost of previously reported purchase ing General, Army Service Forces, At- cerning reporting of preliminary con- actions and (it) are not required to be, tention: Director, Purchases Division. tractual agreements, open-end contracts and have not been, reported on W.D., Each such report will be reconciled with and indefinite quantity contracts-(a) A.G.O. Forms No. 375 or 376 (See para- the Monthly Summary Reports submit- Preliminarycontractual agreements (see graph (d) (4) of this section and ted to the chief of the technical service § 802.291 (e)) (1) A Purchase Action § 802.297 (c-1) (4) (ii)) and have not by stations reporting to hi i during or Report (W.D., A.G.O. Form No. 375) cov- been reported on previous Monthly Sum- for that month (see § 802.292 (e)) The ering a preliminary contractual agree- mary Reports. In preparing the Month- purpose of the Monthly Summary Re- ment, will be submitted by a reporting ly Summary Report, the Purchase Ac- port submitted by the chiefs of the tech- station not later than the fifth calendar tion Reports (W.D., A.G.O. Form No. mcal services is to provide a control over day following the date of award (see 375) should be classified by date of purchase-action reporting and to enable § 802.291 (h)) under the following con- award (see § 802.291 (h)) and the Sup- Purchases ilvision, Headquarters, Army diltions: plemental Purchase Action Reports Services Forces, to maintain a record of (i) If the preliminary contractual (W.D., A.G.O. Form No. 376) and supple- the totals of all purchase actions (with agreement obligate3 funds in an amount mental purchase actions of $1,000 or a value as awarded or supplemented in (actual or estimated) in excess of $10,000, less should be classified by date of action excess of $10,000) as of the month in (if) If the preliminary contractual (see § 802.291 (h)) and separate Monthly wfich they took place, regardless of the agreement does not obligate funds, but Summary Reports should be submitted month during which they are reported. the undertaking ol the Government is for tach month in which any reported It is essential, therefore, that the chief not conditioned upon funds becoming action took place. of each technical service, in preparing available, and if the estimated cost In- (2) No Monthly Summary Reports are the Monthly Summary Report, classify volved under the preliminary contractual required to be filed with the command- original Purchase Action Reports (W.D., agreement exceeds $10,000. ing generals of service commands. A.G.O. Form No. 375) by date of award (2) If the undertaking of the Govern- (see § 802.291) (h)) and Supplemental ment under the preliminary contractual § 802.293 Filing and distribution of Purchase Action Reports and changes of agreement Is conditioned upon funds be- reports by chiefs of technical services and $1,000 or less by date. of action (see coming available (see, for example, the commanding generals of service com- § 802.291 (h)) and forward to Purchases Letter of Intent which was the subject mands. Chiefs of technical services and Division a separate Monthly Summary of the decision of the Comptroller Gen- commanding generals of service com- Report for each month in which any re- eral, issued under date of 22 December mands are required to file purchase ac- ported action took place. 1941, B-21873; 21 Comp. Gen. 605), an tion reports of the types, in the manner, (2) Commanding Generals of service original Purchase Action Report will be and under the conditions provided in commands are not required to submit filed when either the expenditures of the paragraphs (a) through (e) of tins sec- Monthly Summary Reports. Government under such agreement total tion. Functional staff divisions, Head- (c) QuarterlyReport on Procurement. in excess of $10,000 or a final definitive quarters, Army Service Forces, will file The chiefs of the technical services and contract (involving an actual or esti- such reports as provided in § 802.294. the commanding generals of the service mated cost in excess of $10,000) is ex- (a) Original and Supplemental Pur- commands will submit to the Command- ecuted, whichever shall first occur. chase Action Reports. (1) Purchase Ac- ing General, Army Service Forces, At- (3) If a Purchase Action Report tion Reports (W.D., A.G.O. Form No. tention: Director, Purchases Division, (W.D., A.G.O. Form 375) is filed for a 375, see § 802.297 (a) and Supplemental within twenty days from the close of each preliminary contractual agreement, a Purchase Action Reports (W.D., A.G.O. quarter of each fiscal year, one copy of Supplemental Purchase Action Report Form No. 376, see § 802.297 (b)) will be the Quarterly Report on Procurement (W.D., A.G.O. Form 376) will be filed not forwarded by the chiefs of the technical (see § 802.297 (d)) Purchases Division later than the fifth calendar day after services and commanding generals of will assemble the Quarterly Reports sub- completion of performance under such service commands as follows: mitted by the chiefs of the technical preliminary contractual agreement or PurchaseAction Report (W.D., A.G.O. Form services and the commanding generals after supplement (including execution of No. 375) 4 copies to the Department of of the service commands into one report a final definitive contract), amendment Labor; 1 copy to the War Production Board. or change order to such preliminary con- Supplemental Purchase Action Report which will be submitted by it to Congress, (W.D., A.G.O. Form No. 376) 1 copy to the pursuant to Public Law 528, 77th Con- tractual agreement, provided in any such War Production Board. gress. case that an increase or decrease in ex- cess of $1,000 from the amount previously (2) In forwarding reports as provided § 802.294 Filing of reports by func- reported is involved. A Supplemental in subparagraph (1) the following ad- tional staff divisions and stations under Purchase Action Report reflecting execu- dresses should be used: their 2urisdiction. (a) Except as other- tion of a final definitive wise provided in paragraph (c) of this contract or com- Department of Labor- mr. William R. Mc- section, functional staff divisions, Head- pletion of performance of the prelimi. Comb, Deputy Administrator, Room 1114, nary contractual agreement shall indi- Department of Labor Building, Washington quarters, Army Service Forces, and sta- cate this fact and shall also reconcile any 25, D. C. Attention: Ir. A. L. Triolo. tions under their jurisdiction, will sub- difference in excess of $1,000 between the War Production Board: War Production mit reports concerning purchase actions Board, Bureau of Program and Statistics, in the same manner as chiefs of technical amount shown in the Supplemental Pur- Room H-327, Temporary E, 6th and Adams services and stations under the jurisdic- chase Action Report with the amount re- Drive SW., Washington 25, D. C. tion of ported on the original Purchase Action the chiefs of technical services. Report as supplemented by previous Sup- (3) Notwithstanding the instructions A purchase action or supplemeiltal pur- chase action bearing a contract number plemental Purchase Action Reports, if in subparagraphs (1) and (2) above, all any. required copies of original or Supple- which contains the symbol indicating a (b) Open-end contracts. (See § 802.- mental Purchase Action Reports with particular functional staff division will 291 (f)) (1) The Purchase Action Re- respect to mandatory orders and requisi- be reported by a station to the director of that division. port (W.D., A.G.O. Form No. 375) for an tions (pursuant to Part 814) will be filed open-end contract will Include the full by the chiefs of technical services and (b) The director of each functional staff division will be responsible for sub- amount estimated to be expended for the commanding generals of service com- mission by that division and stations first contract year. A Supplemental Pur- mands with the Director, Purchases Di- under its jurisdiction of reports concern- chase Action Report (W.D., A.G.O. Form vision, Headquarters, Army Service ing purchase actions, tofthe same extent No. 376) will be filed not later than the Forces, Attention: .Chief, Control as the chief of a technical service is re- fifth calendar day after the close of the Branch. sponsible for reports by that technical first contract year, reconciling the dif- (b) Monthly Summary Report. (1) service and stations under its jurisdiction. ference between the estimated and actual Within 10 calendar days after the close (c) Nothing in this subpart shall re- expenditures for such contract year, and of each calendar month, one copy of the quire the preparation or submissioA of reporting, as a separate item the esti- Monthly Summary Report (see § 802.297 any reports concerning purchase actions mated expenditure for the ensuing con- (c)) will be submitted by the chief of by Army Exchange Service. tract year. Similar Supplemental Pur- FEDERAL REGISTER, Thursday, February15, 1915 1859 chase Action Reports will be filed at the (4) Any other type of Indefinite quan- (2) Forms for Monthly Summary Re- end of each succeeding contract year tity contract. For the purposes of this ports may b2 reproduced locally or typed during the life of the contract. A final subpart indefinite quantity contracts not as required. Supplemental Purchase Action Report falling within subparagraphs (1), (2) or (b) Classified reports. If the item or clearly marked, 'Final Report," will be (3) above, will be considered and reported service covered by either an original or submitted not later than the fifth calen- as "open-end contracts" (see § 802.295 Supplemental Purchase Action Report is dar day after the completion or termma- (b)). clas:ified, proper entries should be made and lion of the contract, adjusting any un- § 802.296 General instructions con- In all space3 (see § 802.297 (a-1) reported quantity and value, whether it of (b-1)) and the whole report prominently be an increase or a decrease. cermng report forms-(a) Supply labeled with the appropriate classifica- to be expended forms. (1) W.D., A.G.O. Forms No. 375 (2) Where the amount 376 are available upon requisition tion and transmitted according to regu- under an open-end contract cannot be and lations governing classified information. in advance, a Purchase Action from Adjutant General Depots, or in case estimated of Army Air Force activities, from the § 802.297 Report forms and relatg z- Report (W.D., A.G.O. Form No. 375) will appropriate Air Technical Service Comi- structfonc-.(a) Purchase Action Re- be filed on the basis of actual expendi- port-W.D., A.G.O. Form No. 375. tures when the aggregate expenditures mand Depot. thereunder exceed $10.000. Supple- wan DEPAUnTU- I. Date o rcpczt 2. rc. Srial o. mental Purchase Action Reports will not PunctiAr Acro. E ror be rendered from time to time as addi- 8. From (station, name, and .ddr-r) 4. L:n! :n No. rrro 3. Cesiract No. (P. 0 tional expenditures, aggregating in ex- No.) cess of $1,000, are rncurred. Such addi- tional expenditures will be reported on a 6. To (teehnicalsrvlcocrrvocmmndalnc3n J) 7. Typ of purchase S. Date c1f ard contract or fiscal year basis on a Supple- mental Purchase Action Iteport filed not 0. Contractor (name and ddres) 19. CCtntMsati UI. Contractor IStat later than the fifth calendar day after Mr. I D±r de. I the close of the contract or fiscal year, 12. Dcilvcy to sart 13. To o camp!eted. as the case may be. (c)Indeftnite quantity contracts. For 14. Work performed at (arn and rddMc-a) 15. lny cc% at 1. the purposes of this subpart, indefinite quantity contracts, as-defined in § 802.291 17. . o. b. 13. (g) fall into four broad classes as fol- 19. Subj. to Wals.H-Hcay . Pl:3 W dc! - 21. Data F. C.13 Eent lows: ActI nattn t tzzdaryo It*r) if any: (1) Those containing the standard clause entitled "Variation in Quantities" (§ 803.329) which permits the contractor to deliver 10 per cent over or under the 2 itm1 23D r riptiucit fl 21.niNo~tduaits quantity specified in the contract. In re- porting this type of contract, only the original quantity and value need be stated; upon completion of deliveries no Supplemental Purchase Action Report is required even though deliveries may fall short or exceed the amount originally reported. Supplementalpurchase actions (see § 802.291 (d)) involving an increase 27. Total supp59 and cse3it __ or decrease of more than $1,000, however, 23. Goo'crnmcnt facilities providcd this cntract are required to be reported (see § 802.292 23. Total amount of cntrct _ _ _ (d)). AYdiot al ncrmautn ravlrmd forcenr La czan cISMICCO (2) Those containing a clause giving &0.Ncgotlators for Oorcrnincnt I31 Nzatfr catro the contracting officer a power by change 3. eason for contrector slcttion (if no Fmrctltln obtoid) M. ca leaian appval (name) order to increase or decrease within stated percentage limits the quantity of 3. Remarks: articles called for by the contract (see § 803.329a) This type of contract will be reported originally at te quantity and value set forth in the contract. Supple- mental purchase actions involving an in- 35. Name, grade, or title (typ) .n.tures h crease or decrease of more than $1,000 WD AGO Form r75 T1T' 1Jazfrm '.edC WD AGO 4", 1 3DccmatCr,54.3w wlnot tU.ed*'-terrCCCMPt will be reported (see § 802.292 (d)) 1 Dcember 1M, of this ravbIon. (3) Those, such as listed in § 806.605d, (a-i) Instructions for preparationof contract number. (Sze It 803.30 and which are for the use of more than one W.D., A.G.O. 803.318b (a).) Reports made in one fiscal year Purchase Action Report; for purchas actions awarded in a previoua technical service or service command. Form No. 375. The following numbered This type of contract is not regarded as fLrcal year should bear a serial number in instructions apply to the corresponding the cries of the ficcal year in which awarded. a purchase action (see § 802.291 (c)(5)) numbers appearing on the report form (3) From. Include the name and rddre-s and the basic contract will not be re- reproduced in paragraph (a) of this of the statlon preparing the report. ported. A Purchase Action Report (W-D., section. (4) Station number and sersfce. This Is A.G.O. Form No. 375) however, is re- the first part of the contract number and quired to be submitted for each purchase (1) Date of report. This seall be the date will Include the station number and technical upon which the report is prepared. ervica or service command symbol appearing or delivery order executed under such an (2) Purchase action report rerial number. indefinite quantity contract and involv- on the contract. This enables the contracting station and the (5) Contract Number (PF.0. No.). This Is ing a total cost (actual or estimated) in controlling technical service or service corn- excess of $10,000. Each such purchase or Ins-iuch the final part of the contract number and mand to reconcile their rccords. will cbow the number assigned to the individ- delivery order will be regarded as a sepa- as many stations may originato purcha o ual contract beln. reported. If a pw - rate purchase action and therefore will actions for and report them to more than one -order is being rep rted, the number thereof serial number be reported on a non-cumulative basis technical service, a Eparato aLo will be Indicated here. without regard to any other such pur- will be used for each such technical carvice. Each series of serial numbers will b jin vth (6) To. Indicate the name and addreas of chase or delivery order issued under the Serial Number 1 for each new 9a year and the technical service or zervica command to basic contract. For reference purposes, continue in exact cequence to the end of which the report Is being rendered. reports of such purchase or delivery or- the fiscal year. No symbol indicating a tech- (7) T2 s of purchace action. Indicate the ders should always indicate (in space nical service or service command need ap- type of contract Involved. This information (34)) the full contract number of the pear as part of the nrll number this wil should ntata (I) whether the contract is a basic contract. be indicated by the symbol rhown In the formal contract (namely, a contract con- 1860 FEDERAL REGISTER, Thursday, February 15, 1945 tained in one instrument, executed by both of each technical service and the command- available for Government facilities under the parties, see § 803.303 (b)), purchase order, ng general of each service command. contract being reported upon. Do not include delivery order (see § 806.614) or letter order (23) Descrsption of items. Inseft complete such amount in the spaces (22) through (2'7). and (ii) whether the contract is a fixed price description of product, service, facilities, (29) Total amount o1 contract, This Is a (lump sum) or cost-plus-a-fixed-fee contract. project or property. Long lists of items at- total of spaces (27) and (28). In addition, if the contract is a preliminary ,tached to Purchase Action Reports are not Spaces (30) through (33) need be filled contractual agreement (see § 802.291 (e)), so required for centralized reporting unless spe- in only if original valuo of contract at dato of indicate by the word "preliminary" If a cifically directed by the chief of the techni- award exceeds $160,000. mandatory order or requisition pursuant to cal service or the commanding general of the (30) Negotiatorfor the Government, This Part 814 is involved, this should be-indicated. service command responsible for procure- may or may not be the contracting oficer, (8) Date of award. Indicate the date of ment of the item Involved. Where assorted but In each case the name(s) of the per- award as defined In § 802.29 (h). items of like nature are reported, indicate son (s)negotiating the contract for the Gov- (9) Name and address of contractor In- group headings, such as "'various tank en- ernment will bo shown. sert here the name and address of the con- gine parts" "various knit clothing" etc. (31) Negotiator for contractor. This tractor as it appears on the contract. If Such headings must briefly but specifically should Include the name(s) of the person(s) more than one prime contractor is involved, state the type of article purchased to enable representing the contractor in negotiating list each one as a split award on separate proper classification by end product. Do not the contract with the Government. Purchase Action Reports, and indicate by indicate only "Spare parts"- instead, state (32) Reason for contractor selcotion. En- cross reference the Purchase Action Report for example, "Spare parts for trucks, except ter the principal or controlling reason why Serial Numbers of all such reports. engine parts" the particular contractor was selected for (10) Contracting as manufacturer or (24) Number of units. X1nter the number this contract it no competition was obtained, dealer. Indicate by checking proper box of units for-each item described in space (23). Where the contract was awarded pursuant whether the contractor is acting as a manu- (25) Unit cost and unit. State the unit to competitive bidding, so state by entering facturer or as a dealer. cost and the unit involved. In cases where the words "competitive bidding", or a similar (11) Contractor code. This space will al- a varied group of items is shown In space phrase. ways be left blank. (23), and not detailed, indicate various unit (33) Specification approval. Whero stand- (12) Delivery to start. In most cases this prices in-the same manner; either as a price ard Government specifications, such as Army, will be the 4nitial delivery date specified in range, i.e., $437 to $4.69 each, or show the Navy, Treasury Procurement, etc., are used, the contract. If the contract Is a construc- word "various" for a wide range of unit prices, enter only the name of such agency. Where tion contract, the date work is to begin such as on tools. other than standard specifications have been should be shown. If the contract is for the (26) Total cost. If cost is estimated, write used, enter the name of the person approv- purchase of real estate,'the-date of possession "estimated" after amount. For purchase ing the use thereof. should be Indicated. Where dates are de- actions involving architect-engineer, man- (34) Remarks. This space may be used for pendent upon receipt of material, estimated agement, or similar services only, indicate as any pertinent remarks, Including data which dates are permissible but will be so indicated. the total cost the amount payable to the con- cannot be entered In the appropriate prior (13) Completion date. This will normally tractor and chargeable against a War Depart- spaces. At the discretion of the chief of each be the date specified in the contract for the ment appropriation. This applies primarily technical service or commanding general of completion of deliveries. In some cases it to cost-plus-a-fixed-fee contracts. If, under each service command, additional data, such may be the same as the starting date or the such a contract, the contractor is to receive as the monthly scheduled deliveries, may be date of award. If the date is dependent upon payment of an architect-engineer, manage- entered here. Whero the Purchase Action the receipt of material, an estimated date ment, or similar-fee, and in addition Is to re- Report covers a contract for the acquisition may be used but should be so indicated. ceive payment for work performed or sup- of land and the original value thereof at date (14) Work performed at. Where the work plies furnished, each such payment will be of award exceeds $150,000, the following ad- Is to be performed by the contractor and at shown as a separate item. In cases where ditional information will be added in this the address indicated in space (9) the words both supply items and either land acquisi- space for use in the Quarterly Report on "same as above" will be entered here. How- tion, plant expansion or tool expansion are Procurement (see paragraph (d-1) (6) of this ever, if the work is to be performed by a dif- involved in a single purchase action, a de- section) a brief statement as to the location, ferent contractor or at a different address, scription and cost of these groups should be the Intendbd use of the land: the area; and the name and location of the establishment shown separately as well as total cost of all the assessed value thereof as it appears on or plant where the work will be performed groups. If, the purchase action is a pre- the records. must be stated. If the work is to be per- liminary contractural agreement (see § 802.- (35) Name, grade or title.Type the name formed at more than one location, list each 291 (e)), the amount for which the War and grade or title of the person signing the one and where possible indicate the approxi- Department s obligated will be shown In report. mate percentage of work to be performed at space (26) and the estimated full contract (36) Signature. The original of each re. each location. If the space provided is in- price entered in space (23). In all other port should be signed by some responsible sufficient, additional data may be inserted cases the total cost (actual or estimated) officer, normally the contracting oflncer, copies under "Remarks" at space (34). Where thp will be shown in space (26). may bear either typewritten or rubber street address as well as the name of the city (27) Total supplies and services. Enter the stamped signatures. is shown on the face of the contract, this total of all entries in space (26). should be included. (28) Government facilities provided this (b) Supplemental Purchase Action (15) Inspection point. The use of this contract. Enter the amount of funds made Report; W.D., A.G.O. Form No. 376. space is optional with the chief of each tech- nical service or commanding general of each WAR DEPARTMENT 1. Date of report 2. Par. Ser. No. service command. SUPPLEMENTAL PURCHASE ACTION REPORT (16) This space will normally be left blank. 3. From (Stationname and address) 4. Station NO. service 5. Contract I Supplemnut However, at the discretion of the chief of a No. INo, technical service or -a commanding general of a service command it may be utilized for 6. To (Technical service or service command concerned) 7. Typoeof purchase action 8. Date of action such Information as may be desired. (17) F.O.S. point. Same as (15). 9. Contractor (Name and address) 10. Contracting as 11. Contiactorcodo L8tso (18) Same as (16). Mrf. I Dealer (19) Walsh.-Healey Act Reporting provi- 1 sions of the Walsh-Healey Act (Act of June 12. Delivery to start 13. To be completed 30, 1936; 49 Stat. 2036; 41 U.S.C. 35-45) will, alter 1 Way 1943, be fulfilled by the proper 14. Work performed at (Name and address) 15. Inspected at 10. submission of four copies of W.D., A.G.O. Form No. 375 for each original purchase ac- 17. F. 0. B. 18. tion. Indicate by appropriate check mark whether or not the contract Is subject to 1. Sub].toWalsh-HealeyAct [ 20. Title of applicable industry minimum wage doter- 21. Date F. O.-3 seant that act. Yes No mination (Secretary of Labor) If any (20) Title of applicable industry minimum 22. Item No. 23. Description of Items 24. No.of units 25. Unit cost 20. Total cost (Indicate if wage determination. If the purchase action _and unit estimate) comes under any industry minimum wage determination (see Part 809), the industry involved should be indicated by name. (21) Date P.C.-13 sent. Enter the date on which the poster, P.C.-13, was sent to the con- tractor and to the plant locations. (See §809.919 (c)) (22) Item Number. Enter the item number for each item described in space (23). The use of space (22) is optional with the chief FEDERAL REGISTER, Thursday, February 15, 1915 1851

27. Contract value of items not revised |$ No. 375 and 376). Enter on line (1) the 28.Total contract value including this revision 6 month covered by the particular Monthly contract value prior to this revion $ "XXXXXXXXXXXXXX Summary Report for which figures are re- 29. Total ported under item (4) below. 30. Net change m contract value, this revisionO lncreas | 03 decrease $ "XXXXXXXXXXXXXxZ" (2) For Stations reporting to a chief of a 31.Cash refunds prior to this revision ( this revision C $ technical serrlce. Enter the name and ad- 34. Remarks: dre:s of the technical nervice to which sub- mitted. For chiefs of technical service3. Enter "Di- rector, Purchase3 Division, Headquarters, ' Army Srfvce Forces (3) For .tation reporting to a chief of a technical Ierrfcc. Enter the name and sta- tion number of the reporting station. For chiefs of technical serfcea. Enter the name of the techmical service. 35. Name, grade or title (Type) 90.Signature (4) PurchaceAction reports not previously reparted for thiz month. All entries under WD AGO FORM 376 This Form Supersedes WD AGO 425,13 Dercrattr 1913,hidth will nOet0 ELl altEr 1 December 1944 receiptof this revision. Item (4) will pertain to the calendar month indicated In line (1). (b-l) Instructions for preparationof (30) Net change in contract value, this (a) Under "Value" enter the sum of the Supplemental Purchase Action Report; revision. The entry in thin space will be the entries In s-pace (23) of. all W.D, A.G.O. difference between spaces (28) and (29). In- Forms No. 375 submitted during the previous W.D., A.G.O. FormNo. 376. The follow- dicate by check marks In the box whether the calendar month, reporting purchase actions Ing numbered instructions apply to the amount shown In space (28) Is an increas-e or awarded durlng the month indicated in line corresponding number appearing on the a decrease. ( Under "Number" enter the count of al report from reproduced in paragraph* (31) Cash, refunds prior to this rerision. VID, A.G.O. Forms Io. 37/5. (b) of this section. The word "Same" Use of this space (31) is optional with the (b) (I) Under "Value" enter the sum of the used in any of the following instructions chiefs of technical services or commanding entries In space (23) of all VI7D., A.G.O. means that the correspondingly num- generals of service commands. Forms No. 376 submitted during the preced- bered instruction m paragraph (a-l) of (32)-(33) Omitted from W. D., A. 0. 0. ing calendar month. rephing purchase ac- Form No. 376. tionS, the coat of which vs completely can- this section applies. (34) through (36) Same (except that data celled during the month indicated in line (1). (1) Same. on the acquisition of land Is not required on A" provided in § 30Y.2 (d) (2), decrease to (2) Purchase Action Report Serial Num- Supplemental Purchase Action Reports). 010,000 or lees In total cost of purchase ac- ber. A Supplemental Purchase Action Re- tions Is consIdered a compl te cancellation. port will contain the same serial number as (c) Monthly Summary Report. Under 'Numbr" include the count of al such the original Purchase Action Report, fol- Control Approval W;.D, A.G.O. Forms No. 376. lowed by a letter of the alphabet in paren- Symbol PD3-18 (b) (if) Under "Value" enter the total of theses, the first Supplemental Purchase Ac- entries in rpace (30) of all WD.. A.G.O. Form tion Report using the letter "(a) "- the sec- MONTHLY SirassnsY RERor NTo. 375 submItted during the preceding cal- ond "(b)," etc. (1) for Month of ...... - 194. endar month, reporting increase-s or decrea,s (3)-(4) Same. (2) To: -...... during the month Indicated In line (1) of (5)Same. In addition to the contract (3) From: ------...... --- more than 01,020 In the total cost of pur- number, there will be entered in this space (4) Purchase actions not prevlously reported cb-1'o actions, except decreases -reported in the number or letter of the contract supple- for this month: (b) (I) above. Indicate whether increase or ment represented by the supplemental pur- decre3 by check in proper box. Under chase action (see § 803.313 (a)). Value Number "Number" enter the count of all such W.D (6)-(7) Same. (a) W. D., A. G. 0. Form No. A.G.O. Forma NTo. 376. (8) Date of action. The date of the sup- 375 ------(c) Under "Value" enter the mathematical plemental purchase action, determined as sum of all supplemental prchase actions stated in paragraph 291 (8), will be entered. (b) W. D., A. G. 0. Form NO. mado during the month Indicated In line (1) In no case will the date shown be the date 376: which involved an increase or decrease of of award of the original purchase action. (i) Cancellatiops (de - 01,000 or lee= in total cozt and which were ------(9) through (21) Same. crease) NOT reported on V7D., A.G.O. Form Ion. 375 (22) through (26) Same. Entries under (it) All other reported or 376 and have not been reported onMonthly spaces (22), (23), (24), (25) and (26) wiM changes ------Summary Report- previously submitted. be made only for the items affected by the Increase 0 DecreaseD 0 Indicate webter increase or decrease by check particular supplemental purchase action be- (c) Changes and supplements in proper box. No entry Is required under ing reported. All entries will be the full of $1.000 or les, each. not "Numbcr" quantities or costs as revised-do not enter reported on W. D., A. G. O. (d) Under "Value" enter sum of the en- Form No. 376- merely the net increase or decrease. In all 06 tries In lines (b) (I); (b) (11); and (c). cases, the nature of the supplemental pur- Increase D DecreaeD Indicato whether Increase or decreae by chase action will be indicated (space (34) check In proper box. Under "Numbar- enter may be used)-vlz: quantity increase or de- (d) Total of Items (b) and the sum of the entries In lines (b) (I) and crease; price increase or decrease, etc. (c) -...... (b) (ii). IncreaseO DecreaeD 0$ Where quantities have been changed, show (5) Signature. The oicear or person re- the number of units added or deleted; where -pn.Ablo for procurement, or for preparation delivery or completion dates have been (5) ------of purch-as action reports, will slgn here. (6)------changed, indicate the changes and specify the (G) Name, grade or title. Type the name, initial delivery date of any increased quan- (7)------and grade or title of parson signing report. tities; where a decreased quantity represents (c-1) Instructions for preparationof (7) "late of cubmfsafo Enter the date the a partial or complete termination for the Monthly Summary Report. The Monthly report Is submitted. convenience of the Government. or a partial or complete termination by default of con- Summary Report will be prepared on the (d) QuarterZyReport on Procurement, tractor, so indicate; where price changes have basis of net obligations undertaken dur- ControlApproval Symbol PDS-19. occurred, indicate the nature of the change ing the month and not on the basis of (d-l).o Instructionsfor Preparationof and whether due ton change in specifications appropriations authorized. This report Quartcrly Report on Procurement. (1) or in costs; where prices have been affected will be submitted on an 8" x HIS' The Quarterly Report on Procurement by partial termination, so indicate. sheet. The following numbered instruc- will be submitted by the chief of each (27) Contract value of items not revised. tions apply to the corresponding num- technical service and the commanding Show the contract value of all items on the bers appearing on the report form set contract which are not affected by the sup- general of each service command. Itwl plemental purchase action being reported. forth in paragraph () of this section: include only those contracts which have (23) Total contract -value, including this (1) Month for trh~ch. report submitted. an original value at the date of award m revision. This entry will be the sum of the As required in §§ 02292 (c) and 3D2.3 (b), excess of $150,000. -No report will be entries in spaces (26) and (27). a separate Monthly Summary Report will be made of any contract with an ongial (29) Total contract value prior to this re- submitted for each month in which any pur- value at the date of award of $150,000 or vision. The entry here will be the value of chase action, reported during or for the pre- the contract as previously reported (includ- ceding calendar month, tcoz place, ns deter- less, even though the value of such con- ing Supplemental Purchase Action Reports, mined by the "date of award" or "date of tract may have ben Increased by sup- if any). action" (space (8) on, ND,. A.QG. Forms plements to an amount in excess of $150,- 1862 FEDERAL REGISTER, Thursday, February 15, 1945

-000. Similarly no report will be made of chase of land included in the Quarterly information to Purchase Division, Head- any supplements, or changes, including Report on Procurement. The subdivi- quarters, Army Service Forces. increases, decreases, or cancellations of sions Jbelow refer to columns contracts. in the spe- § 802.299 Special If no contract in excess of cial header strip for Purchase Action Re- $150,000 land acquisitions, port Forms. The Quartermaster has been awarded during the which will be furnished by Purchases Corps quarterly period, a negative and the Ordnance Department report will Division upon request. The space refer- have been be submitted. authorized by the Director, Purchases esices are to W.D., A.G.O. Form (2) The Quarterly Report will No. 375 Division to use special forms of Purchase be typed and to the explanations thereof in para- on individual strips, which, after typ- Action Reports and Supplemental Pur- ing, will graph (a-i) of this section. chase Action Reports be arranged in alphabetical or- (I) Contract number deviating slightly der by the date and type of from the standard contractors' names, then contract. Spaces.(4) W.D., A.G.O. Forms grouped into pages (5) (8) and (7) No. 375 and 376, set attached to a header (ii) Location and forth in paragraphs strip which will intended use. Enter (a) and (b) of § be provided in advance a brief statement as 802.297. Stations under of each quarter to the location and the, jurisdiction of the by the Purchases Divi- intended use of the land. Quartermaster sion, Headquarters, Army (Space (34).) General and those Service Forces. (iii) Value. Space (29) under the Chief of Headers and individual strips Ordnance will obtain supplies will be as- (iv) Name and address of contractor of these "sembled by the use of crinkly "drafts- special forms as directed by the respec- man's type" and negotiator Spaces (9) and (31) Scotch tape, if available. (v) tive chiefs of those services, The pages Name of government negotiator shall have no more than 10" Space (30) of printed and typed matter, including (vi) Area and assessed value. the header State the [Procurement Reg. 3] strip showing. The space on area of the land purchased the header strip, and the as- providing for the page sessed value as it PART numbers, will never be filled appears on the records. 803-CONTRACTS in by the (Space (34).) reporting technical service or service SUBPART H-TANDATORY AND OPTIONAL CON- command. (vii) Reasons for contractorselection. At the foot of the last page Space (32) TRACT PROVISIONS submitted for each technical service or 1. service command, there will be typed the § 802.298 Responsibilities of chiefs of In § 803.324, the last paragraph is total dollar value of all contracts in- technical services and commanding gen- amended to read as follows: cluded in the -report. This total will in- erals of service commands. The chiefs of § 803.324 Uniform termination ar- clude only the total of the individual the technical services and commanding, ticle. * * * figures reported, and will not be adjusted generals of the service commands are The foregoing clause may be Inserted to record supplements, changes, cancel- charged with the following responsi- In any contract as to which its inclusion lations, etc., occurring subsequent to the bilities: Is not mandatory. (a) Responsibility for assuring that initial award. all 2. Section (3) Purchases reports required by this subpart 803.325 is amended to read Division will assemble to be as follows: the reports submitted to it, into one re- prepared and forwarded by the stations port which it will submit to Congress. under their. jurisdiction are prepared and § 803.325 Anti-discrimination clause. Subsequent to the preparation of this forwarded in accordance with § 802.292. (a) Every contract, regardless of subject completed report by Purchases Division, This responsibility includes: matter or amount, will contain (except the pages will be returned to the submit- (1) Responsibility for controlling by as may be otherwise specifically permit- ting headquarters for disassembly and means of the serial numbering system ted by the interpretations of Executive filing of the individual strips for future (see § 802.297 (a-i) (2)) the submission Order No. 9346 set forth In §§ 809.985 and reference. of original and Supplemental Purchase 809.986) the following clause without de- (4) The following, information will be Action Reports (W.D., A.G.O. Forms No. viation: submitted for each contract for supply 375 and 376) Anti-discrimination. (a) The Contractor, items or services included in the Quarter- (2) Responsibility for requiring the in performing the work required by this con- ly Report on Procurement; subdivisions submission of at least a sufficient num- tract, shall not discriminate against any em- below refer to column headings on the ber of copies of original and Supple- ployee or applicant for employment because header strip and the space references are mental Purchase Action Reports of race, creed, color, or national origin. to ac- (b) tho to W.D., A.G.O. Form No. 375 and the complish the distribution required by Contractor agrees that the pro- explanations vision of paragraph (a) above will also be thereof in paragraph (a-1) § 802.293 to be made by the chiefs of inserted in all of of its subcontracts. For the this section: technical services and the commanding purpose of this article, a subcontract is de- (i) Contract number date and type of generals of the service commands. fined as any contract entered into by the contract. Insert full contract number, (3) Responsibility for checking by con- contractor with any individual, partnership, date of award, and indicate whether the tract, number to assure that duplicate association, corporation, estate, or trust, or contract is fixed price, cost-plus-a-fixed- reports are not received. This will in- other business enterprise or other legal fee, unit price, letter order, letter pur- elude the checking of terminations and entity, for a specific part of the work to be chase order, purchase order, etc. (Spaces cancellations performed in connection with the supplies or to be sure they are prop- services (4), (5) (8) and (7).) erly reported, furnished under this contract: Pro- as specified In § 802.292 (d) vided, however That a contract for the fur- (ii) Item description and quantity. (4) Responsibility for reconciling in- nishing Insert brief of standard or commercial articles description of the item-er dividual Purchase Action Reports sub- or raw material shall not be considered as a items and the quantity of each. (Spaces mitted by each station with the Monthly subcontract. (23) and (24).) Summary Reports submitted by that sta- (b) (iii) Value. The dollar value of the tion. (Does When a prime contract Is amend- not apply to commanding ed in accordance contract as reported in space (29) generals of service commands.) with § 809.980 to In- clude the clause set forth In paragraph (iv) Name and address of the con- (b) Responsibility for assuring that all (a) of this section, there may be inserted tractorand negotiator Insert data from Teports required by this subpart to be spaces (9) and (31) In the supplemental agreement which prepared and forwarded by them are amends.the (v) Name of Government negotiator prepared prime contract a statement and forwarded in accordance substantially as follows: Space (30) with paragraphs (a) through (c) of (vi) Specifications. Space (33) § 802.293. The amendment made by this section * * shall be effective (vii) Reasons for contractor selection. (c) Responsibility for obtaining, upon as of the date of Space (32) approval of this supplemental agreement and request, detailed information on specific shall not be deemed to require amendment of (5) The following information will be transactions when same Is deemed neces- furnished for each contract for the purm the antidiscrimination provisions contained sary. and for pron~pt-isubmission of such 14 piny subcontract theretofore entered into FEDERAL REGISTER, Thursday, February 15, 1945 1863 unless such subcontract is subsequently Davis-Bacon Act will contain the follow- contracts except (a) those to which it is modified in some other respect. ing clause without deviation (for a dis- clearly inapplicable, (b) those which are standard form of contract, clause set forth in cussion of the Davis-Bacon Act and In- written on a (c) The contract such as War Department Contract Form paragraph (a) of this section Is required formation as to the contracts which are subject to and those which are exempt No. 47 (§ 813.1317c) which does not con- under the provisions of Executive Order tain the clause: No. 9346. Such Executive order is dis- from such act, see subpart D of Part cussed in Subpart L of Part 809. s0) 14. In § 803.355, the introductory nara- is amended to read as follows: 3. The heading of § 803.326 is amended 9. The heading and introductory para- graph to read "Disputes article" graph of § 803.344 are amended to read § 803.355 Asszgnment of rights; con- 4. The heading of § 803.327 is amended as follows: tract clause. In accordance with the As- to read "Buy-American Act; contract § 803.344 Copeland "Hick-back" Act: sgnment of Claims Act of 1940 (54 Stat. clause." contract clause. All contracts subject 1029) every contract winch provides for more, 5. The introductory paragraph of to the Copeland '"Kck-back! Act will payments aggregating $1,000 or § 803.336 is amended to read as follows: contain the following clause without de- with the exception of secret, confidential and restricted contracts, will contain the 803.336 Classified contracts: dis- viation (for a discussion of the Copeland § following clause without deviation: closure of mormation clause. All top "Kick-baek" Act and information as to secret, secret, confidential or restricted the contracts which are subject to-and 15. The headnote of § 803.366 is contracts will contain the following those which are exempt from such act, amended to read "Claue concermng dis- clause without deviation: see Subpart C of Part 809) counts to be contained in invitations for 6. Section 803.337 is amended to read 10. The last paragraph of § 803.345 is bids." as follows: amended to read as follows: 16. The headnote of § 803.367 is concerning sub- § 803.337 Classified contracts; employ- amended to read "Clause § 803.345 Convict labor ° for fixed price supply con- meat of aliens clause. All top secret, clause as contracting; For discussion of the above tracts." secret, confidential or restricted con- provision of well as of the convict labor 17. The headnote of § 803.368 is tracts will contain the following clause Subpart A the Walsh-Healey clause, see amended to read "Clauseconcerning sub- without deviation (for a further discus- of Part 809 of this chapter. sion of the subject of employment of contracting; for cost-plus-a-fzed-fee aliens, see Subpart K of Part 809) 11. In § 803.346, the introductory para- supply contracts." graph is amended to read as follows: Employment of aliens. The Contractor suEuA T I-TlIznATIor Or FD-PRICI will not permit any alien employed or to be Law of 19,12; employed by It or by any sub-bidder or sub- § 803.346 Eight-Hour (WisP SIM) COT ACMS UPOI DEFAULT contractor to have access to the drawings, contract clause. All contracts subject to OF CO"TIIACTOn specifications and accompanying enclosures the provisions of the Eight-Hour Law of relating to the performance of this contract. 1912 will contain the following clause Section 803.379 03) (i) is amended to or to the models or material referred to without deviation (for a discussion of the read as follows: therein, or to engineering principles, com- poscitlon, subassemblies, or assemblies which Eight-Hour Law of 1912 and Information § 803.379 Steps to be taken in event of are vital to the functioning or use of the as to contracts which are subject to and default.* article or articles forming the subject matter those which are exempt from such law, (3) * 8 8 of this contract without the written consent see Subpart B of Part 809) (11) Under any contract article pro- beforehand of the Secretary of War. 12. In § 803.353, the introductory text vldig for termination for the conven- With respect to any classified contract, of paragraph (a) and subparagraph (2) ience of the Government, when the de- now in effect and not completely per- of paragraph (c) are amended to read faults of the Contractor have not been fnned, which contins a provision with as follows: gross or willful, and have not caused sub-- respect to the employment of aliens in stantial injury to the Government, if the a different form from that herein pre- § 803.353 Walsh-Healey Act; represen- Contracting Officer shall find that the scribed, the chiefs of technical services tations and stipulations. 8 8 " use of that termination article will ne concerned will take steps, where they (a) Changes in regulations under equitable under all the circumstances. deem it necessary to do so, to amend such Walsh-Healey Act. From time to time SUBPAIT J-!.UCELLA MOUS provison by substituting therefor the there are issued by the Secretary of clause herein prescribed. Labor changes in regulations under the Subpart J, formerly Subpart L, is re- (a) Employment of aliens in connec- Walsh-Healey Act which have the effect designated as set forth above. tion with contracts for aircraft, aircraft of modifying the standard representa- parts or aeronautical accessories. All tions and stipulations which are required top secret, secret, confidential or re- to be inserted in supply contracts subject [Prcz--rciient Reg. 61 stricted contracts which are also sub- to that act (see Sublpart E of Part 809) PMTr 805 --ThRzr~nA H AIM 1i'manxpr- ject to the act approved July 2, 1926, as Accordingly, If desired, there may be ZIESTIL PuilcASES amended March 3, 1927, section 10 (j)- added to the representations and stipu- (p) 10 U.S.C. 310 (j)-(p) relating to lations set forth In § 803.353 an addi- SUBPET A---G.EIEAL the employment of aliens in connection tional paragraph as follows: (4) is with contracts for furnishing or con- In § 806.602 (a) subparagraph aircraft, aircraft parts or amended to read as follows: structing (c) Minimum wage determinations aeronautical accessories for the United § 806.602 Dflnltion--(a) Procure- under the Walsh-Healey Act. 8 8 6 0 States may also contain such reference (2) Provisions of subparagraph (1) ment.* Par.) This func- to that act or its provisions as the Com- do not however, affect the require- (4) Purchase (Abbr. Forces, above a given manding General, Army Air ment that the applicable minimum wage tion consists of contracting for deems appropriate. determinations, if any, be set forth In the item or class of items or manufacturing 7. The heading of § 803.338 is amended individual purchase action report (see such Items In Government-owned estab- to read "Plant protection; contract 4 802.297 (a-I) (20)) 1lshments under the jurisdiction of a technical service, and includes final ac- clauses!, 13. The introductory paragraph of 8. In 4 803.343 the heading and intro- cetance. 1 803.354 Is amended to read as follows: ductory paragraph are'amended to read SUBPAnT B -Jll=.fB=;CH PnICUR-IT as follows: § 803.354 Notice of labor disputes; contract clause. The following clause The table In § 806.605d is amended to § 803.343 Dams-Bacon, Act: contract read as follows: clause. All contracts subject to the wil be contained -without deviation in all 1864 FEDERAL REGISTER, Thursday, February 15, 1915

§ 806.605d Indefinite quantity contracts executed by the Office of The Quartermaster General. * * * IINDEFINITE QUANTITY CONTRACTS EXECUTED BY OrFICE Or QUARTERMASTER GENERAL

Supply Bulletin Date Commodity No. Contract period Contract symbol No, Contractor Area serviced Applicabillty

10-87 5 July 44.. Books ------Fiscal year 1945... See Supply Bdlletin No. 10--87 (and Change No. 1) Continental United States aneral utilization by the (and (2 Nov. 44) and Its possesons, War Departnlmut excepl Ch_(angel the Melecal Corps, No. 1) 10-94 18 July 44. Compressed'yeast. Fiscalyear 195-... W li-00-qm-19505 ----Federal Yeast Corp., Col- 3rd Service Command ..... All Branchel of the Wae (and (12 Oct. 44)_ gate Creek-Hfghlandtown, Department. Change P. 0., Baltimore, Md. No. 21) W 11-009-qm-1950& ... Varnum Yeast Co., 105 1st Service Command ..... Cambridge St., Boston, Mass. W 11-009-qm-19730 .... Standard Brands, Incor. 4th 8th and 9th Service porated, 595 Madison dommands. Ave., N. Y., N. Y. W n-009-qm-19731.... Anheuser-Busch, Inc., 721 2nd & 7th Service Com. Pestalozzi St., St. Louis, mands & Military Dis- Mo. trict of Washington. W 11-009--qm-19712.... ed Star Yeast & Products 5th & 6th Service Corn- Co., 221 E. Buffalo St., mands. Milwaukee, Wis. 10-96 19 July 44. Paper rolls, for Fiscal year 1945... W 23-021-qm-15523 .... The National Cash Register See Supply Bulletin No. All posts, camps and cash registers. Co., Main & X Is., 10-96. stationg. Dayton, Ohio. 10-18.... 1Jan. 45.. Oil, Engine (Unit- 1 January 1945 to W 44-109-qm-342 .... The Texas Po------Continental United States, All War Department no ed States Army 31 July 1945. exclusive of Arizona, tivities within continen. Spec. 2-104 B, California Colorado, tel United Staes (not in. Amendment Illinois, Novad, Oc. eluding Alaska) for do- No. 2). gon, and Washington. elusivemstlo consumption,of nlatlitvers ex. ordered by Army around Fore ladquar, ters. W 44-109-qm-3 --.- Shell Oil Co. Inc ...... California, Oregon and Washington. W 44-109-qm-341..... Shell Oil Co. Inc...... Illinois ...... W 44-109-qm-_39 ..... Standard Oil Co. of Call. Arizona and Nevada ...... fornia. W 44-109-qm-340. .... Standard Oil Co. of Call- Colorado ...... fornia. 10-192.... Jan. 45.... Malt ...... I January 1915 to W 11-009-qm-23652 .... Hazleton Syrup Company, 1st, 2nd and 3rd Service All Branchel of Ih War 31 March 1945. Hazleton, Pa. Commands; Military Department. District of Washington. W 11-009-qr-23649.- Anheuser-Busch, Inc, 721 4th Service Command ..... Pestalozzi St., St. Louis, Mo. W 1-o09-qm-23651. Birk Bros. Brewing Co., 6th Service Command ..... Webster and Wayne Sts., Chicago Ill. W 11-009-qm-23650 .... Standard Blrands, Inc., War 5th, 7th, 8th and 9th Sery- Prod. & Supply Dept 595 Ie Commands. Madison Av.., Now Vork, N.Y. 10-193.... Jan. 4 -.... Ink, duplicating 1Fdbruary 1945to W 28-021-qm-2 7,20.... Howard Flint- Ink Co., See Supply Bulletin No. All Branches of tho War machine, black 30 June 1945. Clark Ave. & M. 0. R. R., 10-193. Department. 1 lb. cans. Detroit 9, Mich.

I Change No. 1, 16 Aug. 44, to Supply Bulletin Number 10-94 has been rescinded. Change No. 2 relates to Contract W 11-009-qrn-19108.

SUBPART C-INTERDEPARTMENTAL PURCHASES property which has been declared sur- Procurement Division, Treasury Depart- plus) from other Federal agencies on ment-Consumers goods. 1. In the list under § 806.606 (g) the U. S. Maritime Commission--Ships and two items on "Household and quarters payment of the estimated or actual cost thereof, but proper adjustments Maritime property. furniture" are deleted, and the item on the War Food Administration-Food and re- "Telephones and parts" is amended to basis of the actual cost of the material, lated products. read as follows: supplies, or equipment furnished, paid for In advance, shall be made as may be A detailed statement of the specific § 806.606 Purchases under contracts agreed upon mutually kinds of property assigned to each of tho o1 Procurement Divzson, Treasury De- foregoing disposal agencies is set forth In partment. * * * 4. Section 806.613 is amended to read § 829.904. (g) Mandatory schedules. * * * as follows: (2) The surplus property operations of Descriptionof Item, Schedule of Supplies an § 806.613 Procurement. of surplus Reconstruction Finance Corporation Period property from disposal agenctes-(a) within the United States are conducted Surplus Property Act. The Surplus through regional offices. The addresses Telephones and parts; 17, Supp. No. 6; Sep- Property Act of 1944 (Public Law 457, of these regional offices and the areas tember 1, 1941, to August 31, 1942 (portion 78th Congress) places the responsibility that they serve are set forth In § 829,007. extended to August 31, 1945). upon all Government agencies, in order (3) The surplus property operations of to avoid making purchases through com- Procurement Division, Treasury Depart- 2. Section 806.611 is amended to read mercial channels when suitable items are ment within the United States are like. as follows: available from surplus property disposal wise conducted through regional offices. § 806.611 Purchases from other agen- agencies, to consult continuously the rec- The addresses of these regional offices cies of the Government. Property may be ords of surplus property maintained by and the areas that they servo are seb acquired from other agencies of the Gov- the disposal agencies under the regula- forth In § 829.908. ernment either in the manner set forth tions of the Surplus Property Board, and (4) The surplus property operations of in § 806.612 or in the manner set forth to determine whether their requirements U. S. Maritime Commission are con- In* § 806.613. can be satisfied out of such surplus prop- ducted through a centralized office, the erty. address of which is: 3. In § 806.612, the last paragraph of (b) Disposal agenctes. (1) the text immediately preceding para- The dis- United States Maritime Commission, At- posal agencies and the general types of tention: Mr. E. W. Gorman, Assistant to the graph (a) is amended to read as follows: property for which they are responsible Director of the Procurement Division, Wash- The chiefs of the technical services are are as follows: ington 25, D. C. authorized, pursuant to the foregoing Reconstruction Finance Corporation- (5) The surplus property operations of statute, to purchase property (other than Capital and producers goods. War Food Administration are likowlso FEDERAL REGISTER, Thursday, February 15, 1945 1865 conducted through a centralized office, Treasury Department, may be estab- placing orders of the types aescribed in the address of which is: lished If the chief of service deems such paragraphs (a) (1) and (2) above. If operational liaison desirable. It is used for placmg orders of the types Oiece of Distribution,-War Food Adminis- (2) Each liaison officer shall be the described In paragraph (a) (3) there tration, Washington 25, D. C. focal point for the exchange of Infor- will of course be no basic purchase agree- (c) Information as to available sur- mation with the disposal agencies as to ment; and so It will be necessary to pluses. Information as to available sur- contemplated Army procurements and as modify the form appropriately. It is to pluses may be obtained from the regional to the availability of surplus property to be noted that the suggested form of de- offices of Reconstruction Finance Cor- satisfy such procurements. The duties livery order set forth in § 813.131e does poration and Procurement Division, of each liaison officer shall be to review not contain any -"General Provisions" Treasury Department, and from the continuously the lists of surplus prop- such as those contained in other forms. Washington offices of U. S. Maritime erty published by the various disposal Such provisions are unnecessary In con- Commission and War Food Administra- agencies; to be Informed currently as t0 nection with interbranch and interde- tion. Although the regional offices of the items being procured by his respective partmental purchases. Reconstruction Finance Corporation and procurement district office or technical (c) W. D. Contract Form 383 (§ 313.- Procurement Division, Treasury Depart- service; to furnish information to the 1317a) will be used as a delivery order ment, maintain detailed inventories only disposal agencies concerning items under in accordance with instructions con- for surplus property located within their procurement; to ascertain from the dis- tained in TM 38-403 (Station Supply respective geographical areas, they are posal agencies whether or not suitable Procedure) prepared to furmsh information as to items are available from surplus stock; the availability of specific items of prop- and to transmit such Information con- [Procurement Reg. 91 erty held by other regional offices, upon erning available items to the proper request. Both Reconstruction Finance procurement officer. All such reviews of PARR 803-LAEoR Corporation, and Procurement Division, surplus property lists and such exchanges Treasury Department, periodically pub- of information as to procurements and Part 809 is revised as set forth below: lish listings of available surplus property, available surplus property shall be made SUVfPAiT A-COrviMCr LMA LAW and these lists may be obtained from promptly and expeditiously so as not to Sec. any of the regional offices of these dis- delay procurement. E09.901 Basic statutes. posal agencies. (e) Procedure for acquiring surplus Executive order of the President. 803203 (d) Establishment of operational liai- property. In general, surplus property Application of basic statutes. son with disposal agencies. (1) In or- will be transferred with remburcement 5c3203-1 Exceptions to prohibitions. der that the War Department may utilize by the War Department at a fair valua- E09.903-2 Shipment of convict-made goods. the surplus property of other Govern- tion determined by the disposal agency. E09.903-3 Employment. ment agenmes to the fullest extent prac- Details of transfer procedure may be as- SUrsAnT r-ZiG1T-OEl LAW 07 1912 ticable, and effectively discharge its re- certained from the offices of the disposal 809.204 BaAic law. suonsibilities under the Surplus Property agencies. However, where the property E09204-1 Form of "contract provslion. Act as set forth in § 806.613 (a) the being transferred was declared surplus C032.05 Applicabiity. Commanding General, Army Air Forces, by another element of the War Depart- 03205-1 Exceptions. Department, non- will establish and maintain operational ment or by the Navy ACT liaison between the procuring offices of reimbursable transfer can be arranged sOAnT c--COP=rAnD (!HiC=n&Vcm) Army Air Forces and the disposal agen- through withdrawal by the office that re- EZ9.203 Basi'c law. in such manner and at such levels the property as surplus (see 553.30G-1 Form of contract provision. cies ported 03.907 Applicability. as he shall deem most effective; and § 827.706)- and transfer under § 823.312. 8,3.807-1 Character of contracts. chiefs of technical services (other than (f) Direct communication with. dis- E03207-2 Exceptions. Army Air Forces) will establish and posal agencies authorcd. Direct com- E59.207-3 Determination of applicability. maintain operational liaison with the munication with disposal agencies Is au- 809. 03 Procedure. disposal agencies, as follows: thorized In all matters pertaining to the 0.203-1 Weekly aMdavit with respect to (i) Each technical service that pro- acquisition of surplus property. payment of =ges. cures food or related products of the na- (g) Readjustment Division. Although E03908-2 Exemptions with respect to weekly Admmistra- afildavlts. ture assigned to War Food direct communication with disposal E03.203-3 SubmLslson of weely affidavits. tion for disposal will establish opera- agencies is authorized, Readjustment Di- E09.203-4 SubmI-ason of subcontractor sum- tional liaison with the Washington office vision, Headquarters, Army Service maries. of tilat disposal agency. Operational Forces, is available for assistance in es- E03.203-5 Authorized payroll deductions. liaison may be established at the level of tablishing operational liaison with the G0303-6 Restricted payments prohibited. the office of the chief of service or at disposal agencies, and for consultation 8903.Z-7 Tack: of knowledge no defense. the level of the district procurement of- when the technical services desire as- E03.903-8 Request for advisory opinions. fice of the technical service, as the cluef sistance in their negotiations for acquisi- 869203 Alternative procedures for railay of service deems desirable. tion of surplus property from the dis- carriers. (ii) Each technical service that pro- posal agencies. All policy matters par- SUIWAnt D-DAVX-2iCO ACT cures ships or maritime products of the taining to the acquisition of surplus EG.M10 Basic law. nature assigned to U. S. Maritime Com- property from disposal agencies will be E03.10-1 Form of contract provision. mission for' disposal will establish op- cleared with Readjustment Division, 203.911 Applicability: Character of con- erational liaison with the Waslington Headquarters, Army Service Forces (Sec- tracts covered. office of that disposal agency. Opera- tion II, Circular 199, W.D., 1944) 803,911-1 Definitlon of "buildng" and the tional liaison may be established at (h) Disposition of property to other E93.911-2 Definition of "constructlon" or level of the office of the chief of service Government agencies. It is to be noted "repair" or at the level of the district procurement that this section relates only to the ac- M-3.911-3 Exceptiona as to contracts with offices of the technical service, as the quisition of surplus property from the States. chief of service deems advisable. disposal agencies, and not to the report- E01911-4 Exception based on nature of (iii) Each technical service will estab- ing of surplus War Department property work contemplated by contract. lish operational liaison between each of to the disposal agencies or to disposition E09.011-5 Exceptions: "S rvicing cmd main- of War Department property to other trnace work" defined. its field procurement offices and the re- E09Il-6 Exceptlon based on other grounds. gional offices of Reconstruction Finance Government agencies. As to the latter, 821 to 829. E03.911-7 D -terminatlonby chief of tech- Corporation and Procurement Division, see parts nical service. Treasury Department, respectively for 5. In § 806.614 paragraphs (b) and (c) 809.912 Regulations of the Secretary of the region in which the field procure- are amended to read as follows: Labor. 953.913 Obtaining predeterminations of ment office is located. In addition, op- § 806.614 -Formof order to be used in P provalling wage rates. erational liaison between the office of making interdepartmental and inter- C03913-1 Responibility of the Chief of En- the chief of service and the Washington branch purchases. * * * ginee r. offices of Reconstruction Finance Cor- (b) The suggested form contained In 6013.913-2 Renonzibility of contracting offi- noration and Procurement Division, § 813.1317c is particularly designed for cenr. 1866 FEDERAL REGISTER, Thursday, February 15, 1945

See. Sec. See. 809.914 Reports of violations. 809.942-21 Relationship of Executive Order 809.970 Designation of areas Subject to 809.915 Policy regarding construction and 9240 to 9250. E. 0. 9301. maintenance work. 809.942-22 National War Labor Board ap- 809,971 Designation of aotivities subject proval requirements for pre- to E. 0. 9301. SUDPART E-WALSH-HEALEY pUBLIC CONTRACTS mium pay on sixth day Of 809.972 Statement ro adoption of forty- LAW workweek. eight hour week, 809.916 General. 809.943 Exceptions to Executive Order 809.973 Interpretation of regulations, 809.917 Publications to be furnished con- 9240. 809,974 Enforcement procedure. tracting officers. 809.943-1 Shipbuilding stabilization agree- 809.975 Adjustments to cover increased 809.918 Contracts subject to the act. ment. cost of compliance. 809.919 General instructions. 809.943-2 Building Trades stabilization 809.975-1 Time limit for filing requests for 809.919-1 Compliance with regulations. agreement. adjustment. 809.919-2 Minimum wage-determinations. 809-943-3 Sugar processing industry. 809.75-2 Procedure for adjustment. 809.919-3 Furnishing of posters. 809.943-4 Fish processing industry. 809.975-3 Nature of showing required for 809.920 Interpretations not found in pub- 809.943-5 Fruit and vegetable packing and adjustment. lications furnished contracting canning industries. 809.975-4 Authority to execute supple- officers. 809.943-6 Milk processing industry. mental agreements. 809.944 Future interpretations 809.921 Exceptions not stated in the pub- SUBPART --STATE LABR LEGOISLATION lications furnished contracting 809.944-1 Requests for interpretations. officers. SUBPART H-WAGE AND SALARY STABILIZATION 809.977 War Department policy respecting 809.923 Procedure for obtaining excep- State labor legislation. tions with respect to the stipu- 809.950 General. 809.978 Requests for relaxation of State lations required by the Act. 809.950-1 Scope of section. labor legislation. 809.950-2 Applicable statutes, orders, regula- 809.978-1 Procedure for requests. 809.923-1 General. rulings. 809.923-2 Requests for exceptions and" re- tions and 809.978-2 Refusal of requests. view thereof by contracting 809.950-3 Where information may be ob- officers. tained. SUBPART l-EMLOYMIENT OF ALIENS 809.950-4 Definition of wages and salaries. 809.923-3 Consultation with regional direc- 809.951 Increases and decreases in wages 809.980 Joint statement. tors, Department of Labor, and and salaries under the stabiliza- 809.980-1 Form of contract provision. forwarding requests to chiefs of tion program. 809.981 Anti-discrimination contraot technical services. 809.951-1 General. clause. 809.923-4 Review and processing of requests 809.982 Procedure. by chief of the technical service. 809.951-2 Limitations on wage and salary increases. SUBPART L-FAIR EMPLOYMENT PRATICE 809.923-5 Special procedure with respect to 809.951-3 Limitations on decreases in sal- exception relative to employ- aries of less than $5,000. 809984 Executive Order No. 9340. ment of female minors. decreases in sal- 809.985 Interpretations of Executive Order 809.951-4 Limitatiops on No. 9346 by the Committee on SUBPART F--FAR LA3OR STANDARDS ACT OP 1938 aries of over $5,000. 809.951-5 Limitations on decreases in wages. Fair Employment Practice. 809.930 .Basic law. 809.952 Functions and operation of the 809.986 Amendment of contracts pnd sub- 809.931 Exceptions. National War Labor Board with contracts not containing anti- 809.932 Regulations of the Administrator. respect to the wage and salary discrimination clauses. 809.933 Liability of employer. stabilization program. 809.937 Employment of aliens. 809.934 Reimbursement of cost-plus-a- 809.952-1 Jurisdiction of the Board. SUBPART M-LoSuCELLA OU5 fixed-fee contractors for pay- 809.952-2 Regulations, orders and rulings of ments in accordance with the the Board. 809.989 Division engineers; addresses and act. 809.952-3 Agencies which exercise functions territorial jurisdiction. 809.035 Investigations and inspections. 0 of the Board subject to its re- 809.990 Regional War Labor Boards, geo- 809.935-1 Investigations and inspections of view. graphical jurisdictions and ad- records by the Administrator. 809.952-4 When specific approval of Board dresses. 809.935-2 Investigations of cost-plus-a- is not required. 809.991 Wage and Hour and Public Con- fixed-fee contractors. 809.952-5 Preliminary inquiries as to wage tracts DIvisIons of the United States Department of Labor Re- SUBPART G--OVERTIITE WAGE COMPENSATION and salary adjustments. 809.952-6 Application for the Board's ap- gional Offices: geographical 809.940 Executive order. proval of voluntary adjust- jurisdictions and addresses of 809.941 Elimination of inconsistencies ments. of Regional Dircotors. through amendment of con- 809.952-7 Procedure in dispute cases. 809.992 Salary Stabilization Regional Of. tracts; non-reimbursement, etc. 809.954 Jurisdiction and 'organization of fices of the Salary Stabilization 809.942 Interpretations of the order. the Bureau of Internal Revenue Unit, Bureau of Internd? Rev- 809.942-1 Basic purposes of the order. with respect to the stabilization enue, geographicl jurisdictions 8C9.942-2 Work to which order Is applicable. program. and addresses. 809.942-3 Classes of employees to which 809.954-1 Jurisdiction of the Commissioner. 809.993 Delegations of authority to War order is applicable. 809.954-2 Salary Stabilization Unit. Department. 809.9-12-4 Saturday and Sunday work. 809.954-3 Delegation to War Department 809.993-1 General Order No. 14 of the Na- 809.94Z-5 Double time for seventh day. Wage Administration Agency. tional War Labor Board. 809,942-6 The workweek. 809.954-4 When specific approval of the 809.993-2 General Order No. 37 of the Na- 809.942-7 The work day. Commissioner is not required. tional War Labor Board. 809-042-8 Exceptions as to work day. 809.954-5 Where applications shall be filed. 809.993-3 Delegation from the Commissioner 809.942-9 Effect of the order on applicable 809.956 Jurisdiction of the War Food Ad- of Internal Revenue. statutes and employment con- ministrator with respect to the 809.994 Minimum wage determinations. tracts. stabilization program. 809.994-1 Knitting, knitwear and woven un- 809.942-10 Contracts for premium pay unre- 809.957 Jurisdiction of the National Rail- derwear. lated to work on particular way Labor Panel with respect to 809.994-2 Gloves and mittens industry. days as such. the stabilization program. 809.994-3 Seamless hosiery industry. 809.942-11 Holidays; choice of sixth holiday. 809.958 When approval of Economic Sta- 809.994-4 Men's hat and cap 4ndustry. 809.942-12 Holidays; computation of pre- bilization. Director required. 809.994-5 Rainwear industry. mium pay. 809.959 Territorial application. 809.994-6 Cotton garment and allied indus- 809.942-13 Holidays; inclusion of holidays in 809.960 Criminal penalties. tries. computing sixth and seventh 809.961 Effect of unlawful payments. 809.994-7 Men's neckwear Industry. days. (Determination of costs under 809.994-8 Dimension granite industry. 809.942-14 Holidays; determination of whit government contracts and other 809.994-9 Shoo manufacturing and allied constitutes work on holidays. aspects of violations.) industries. 809.942-15 Holidays; not worked. 809.962 Responsibility of War Department 809.994-10 Handkerchief industry. 809.942-16 Holiday pay not offset against personnel with respect to viola- 809.994-11 Envelope industry. other premium pay. tions. 809.994-12 Vitreous or vitrified china indus- 809.942-17 Seventh day pay not offset against 809.963 War Department relations with try. -other premium pay. the National War Labor Board. 809.994-13 Leather, leather trimmed, and 809.942-18 Pyramiding not pernVtted of over- sheep-lined garments industry. time or premium rates on a SUSPART 1-FOaTY-EIOrr HOUR WOaKW 809.994-14 Flint glass Industry. particular day. 809.968 Executive Order No. 9301. 809.994-15 Luggage, leather goods, belts, and 809.942-19 Absences; full days of absence. 809.969 Regulations of War .Manpower women's handbag industry, 809.942-20 -Absences for parts of work days. Commission. 809.994-16 Fireworks industry. FEDERAL REGISTER, Thursday, February 15, 1915 IS37

Sec. articles of any kind produced In any It Is applicable, a provision must ba in- 809.994 -17 Wool carpet and rug Industry. Federal, State or territorial prison, pro- serted that no laborer or mechanic doing 809.994-18 Tag ndustry. vided such articles are not produced pur- any part of the work contemplated by 809.994-19 Aircraft manufacturing industry. suant to any contract or other arrange- the contract In the employ of a Qontrac- 809.994-20 Bobbinet industry. tor or any subcontractor, shall be re- 809.994-21 Iron and steel Industry. ment under which prison labor is hired 809.994-22 Tobacco Industry. out to, or employed or used by, any pri- quired or permitted to work more than 8 809.994.-23 Furniture industry. vate person, firm or corporation." hours in any one calendar day upon 809.994 -24 Drug and medicine Industry. (c) The form of the provision to be such work unless such mechanic or 809.994-25 Photographic supplies industry. used in contracts to which such Execu- laborer Is compensated for all hours 809.994-26 Blueprint paper coating industry. tive orders apply (except contracts sub- worked n excess of 8 hours in any one 809.994-27 Soap Industry. ject to the Walsh-Healey Act as to which calendar day at not less than 115 times 809.994-28 Fertilizer industry. is set out in the basic rate of pay. Act of 19 June 809.994 -29 "Specialty accounting" supply see §§ 803.353 and 803.353-4) manufacturing Industry. § 803.345. 1912 (37 Stat. 137) as amended by sec- tion 5 (b) act of 28 June 1940 (54 Stat. 809994-30 Small arms ammunition, explo- of basic statutes. sives, and related products in- § 809.903 Application 679) and section 303 act of 9 September dustry. § 809.903-1 Exceptions to prohibftions. 1940 (54 Stat. C84) 40 U. S. C. 324, 325, 809.994-31 Paper and pulp industry. The prohibitions contained n the fore- 325-A, LL T. 1939 and Supp. IL Sees. 743, 809.994-32 Cement industry. going provisions of this subpart do not 745. 809-994-33 Structural clay products Industry. purchases: 809.994-34 Uniform and clothing industry. apply to the following § 809.904-1 Form of contract provo- 809.994-35 Die casting manufacturing indus- (a) Purchases of items manufactured, sion. The form of the provision to be try. or services rendered, by Federal Prison used In contracts to which the act applies 809.994-36 Dental goods and equipment man- Industries, Inc. (see § 900.603) Is set out in § E03.346. ufacturing industry. (b) Purchases of Items manufactured 809.994-37 Scientific ndustrial and labora- or produced, or of services rendered, by § 809.905 Applicabflity. Thebasic law tory instruments industry. State prisons or other correctional State applies to all War Dpartment contracts s09.994--38 Surgical instruments and appara- institutions (see § 806.608a) which may require or involve the em- tus industry. ployment of laborers or mechanics either 809.994-39 Evaporated mik industry. § 809.903-2 Shipment of convict-made any sub- varnish industry. by the prime contractor or 809.994--40 Paint and good. The Assistant Solicitor General contiactor, with the exceptions listed in 809.994-41 Leather manufacturing Industry. Chairman of the War 809.994-42 Textile industry. has advised the 809.i05--1. 809.994-43 Chemical and related products Production Board that the Federal stat- Industry. utes prohibiting shipment of convict- §80.905-1 Exceptions. (a) The law 809.994-44 Aviation textile products manu- made goods-and subjecting such ship- does not apply to supply contracts, such facturing industry. ments to the operation of state prohibi- contracts ordinarily being subject to the Walsh-Healey Act where the amount SUBPART A-CONVICT LABOR LAW tory laws (See e. g. 54 Stat. 1134, as amended 55 Stat. 581, 18 U.S.C. 396a; 45 involved Is In excess of $10,000.09 (sse § 809.901 Basic statutes. The public Stat. 1034; 49 U.S.C. G0; 49 Stat. 494; 49 Subpart E of this part). policy of the United States as to convict U.S.C. 61-64) do not extend to convict- (b) Where the same class of work is labor is expressed in the act of 23 Febru- made goods being procured by a con- not, as a general rule, being performed by ary 1887 (24 Stat. 411, 18 U.S.C. 708, 709) tractor directly or indirectly for the Fed- the Government, contracts for any of the This statute is a penal one and provides eral Government, Provided, following classes of work are not covered for imprisonment or fine upon conviction (a) That there is no other source of by the act. for its violation. See also 47 Stat. 418; ,supply readily available to him on the (1) Contracts for transportation by 31 U.S.C. 686b; 45 Stat. 1034; 49 U.S.C. open market; land or water. 60; 49 Stat. 494; 49 U.S.C. 61-64; 54 Stat. (b) That purchases of such articles, (2) Contracts for the transmission of 1134, as amended 55 Stat. 581, 18 U.S.C. materials or supplies are limited to the intelligence. 396a. amount necessary to fulfill specific exist- (3) Contracts for the construction or ing contracts with the Government; and repair of levees or revetments necessary § 809.902 Executive order of the for protection against flebds or overflows Preszdent. (a) Pursuant to the public (c) That all such purchases are made at prices substantially equivalent to the on the navigable waters of the United policy prescribed by the aforementioned States. act of 23 February 1887, the President on current market price of the commodity purchased. (4) Contracts for supplies or for such 18 May 1905, issued an Executive order materials or articles as may usually be ivhich provides, in substance, that all He has also expressed the view that an bought n the open market, whether such contracts which shall thereafter be en- order of the Secretary of Labor, dated 26 supplies, materials or articles are made to tered into by officers or agents of the lay 1942, has the effect of exempting conform to particular specifications or United States involving the employment from the operation of the convict labor not (except armor and armor plate) of labor in the States composing the provisions of the Walsh-Healey Act (49 (c) The law does not apply to contracts Union, or the Territories contiguous Stat. 2036, as amended, 41 U.S.C. 35 and between the War Department and any thereto, shall, unless otherwise provided following) "Contracts negotiated during one of the several States of the Union or by law, contain a stipulation forbidding, the present war for the purchase of the political subdivisions thereof. 'he in the performance of such contracts, the prison-made goods by contractors, sub- law, however, is applicable to any sub- employment of persons undergoing contractors or brokers when such pur- contract covering any part of the work sentences of imprisonment at hard labor chases are limited as above set forth to covered by such prime contract with a which have been imposed by courts of the the purchase of such goods for the pur- State (or political subdivision thereof) several States, Territories, or Mumcipali- poses of existing Government Contracts." where It is sublet to a private contractor. ties having criminal jurisdiction. General has ex- (b) Under date of 9 July 1942, the (See opinion of Attorney General, 6 MSay (d) The Attorney Executive Order 9196 1942; letter amplifying this opinion to prezied the opinion that the basic law is President issued Production Board employment of which "in order to remove any doubts the Chairman, War not applicable to the from the Assistant Solicitor General, members of the crew of a dredge or lMe which might otherwise exist and to in- 1942.) sure the effective utilization of all exist- date 20 June floating plant (38 Op. A.G. 150 (1934)) ing productive facilities, * * * or- § 809.903-3 Employment. The provi- SLPAIT C-COPEUiflD ("EICN31C=') ACT dered that Executive Order No. 325A of sions of the statute referred to in May 18, 1905, be,and the same is hpreby, § 809.901 do not prohibit the employ- § 809.06 Basic law. The act provides suspended for the period of the war and ment by contractors or subcontractors of that whoever shall induce any person for six months thereafter to the extent persons serving sentences on parole or employed In work subject to the act to necessary to permit officers and agencies probation, nor to convicts who have give up any part of the compensation to of the Federal Government charged with served their terms. which he is entitled under his contract or procurement of articles of employment by force, Intimidation, the purchase SUBPART B-EIGHT-HOUR LAW OP 1012 necessary in the conduct of war to pro- threat of procuring dismissal from such cure, directly or-indirectly, through any § 809.904 Basic law. The act re- employment or any other manner what- contractor or subcontractor or otherwise, quires that, in every contract to which soever, shall be fined not more than No. 33---3 FEDERAL REGISTER, Thursday, February 15, 1945

$5,000 or imprisoned not more than 5 that of laborer and mechanic and those partment of Labor within 14 days after years, or both. Act of 13 June 1934, (48 who are the immediate supervisors of the close of specified payroll period. Stat. 948) 40 U.S.C.A. sees. 276(b) and such employees) engaged on the work (c) Affidavits and payrolls for all con- (c) as amended by Reorganization Plan- covered by the act during the preceding tracts (except shipbuilding and rail- No. IV effective 30 June 1940, (54 Stat. weekly payroll period. The affidavit roads) located In the States listed below 1236) shall be executed and sworn to by the should be mailed to the addresses In- § 809.906-1 Form of contract 'Prom- contractor or subcontractor who super- dicated: vises the payment of wages and shall be State and Location of Regional Office szon. The form of the provision required in the following form: by regulation in contracts to wiluch the Alabama, Florida, Georgia, Mississippi, act applies is set out in § 803.344 (Title State of ------North Carolina, South Carolina, Tennessee, 29-A, Department of Labor Regulations County of------ss: / Virginia: Regional Wage Analyst, Bureau of 2.6) (29 CFR, Cum. Supp., 3.6) I, ------(Name of party Labor Statistics, 4th Floor, Carl Witt Build- signing affidavit), ------(title) Ing, 249 Peachtree St. NW., Atlanta Ga. § 809 907 Applicability. being duly sworn, do depose and say: That I Connecticut, Maine, Massachusetts, New pay or supervise the payment of the persons Hampshire, Rhode Island, Vermont: Regional § 809.907-1 Character of contracts. employed by ------(contractor or Wage Analyst, Bureau of Labor Statistics, 294 Generally the act applies to contracts subcontractor) on the------Washington St., Boston, Mas. and subcontracts regardless of amount (building or work); that the attached 13ay- Illinois, Indiana, Minnesota, North Dallota, for the construction, prosecution, com- roll sets out accurately and ccmpetely the South Dakota, Wisconsin: Regional Wage pletion or repair of any public building, name, occupation, and hourly wage rate of Analyst, Bureau of Labor Statistics, Room public work, or building or work financed each person so employed for the weekly pay- 1212, Merchandise Mart, 222 West North Bank in whole or in part by loans or grants roll period from the ---- day of------Drive, Chicago, Il. from the United States. The act applies 194--, to the ---- day of------Louisiana, Oklahoma, Texas: Regional Wago 194--, the total number of hours worked by Analyst, Bureau of Labor Statistics, 1010 to contracts for such' work entered, into him during such period, the full weekly Mercantile Bank Bldg., Dallas, Tex. upon a cost-plus-a-fixed-fee basis or wages earned by him and any daductions Kentucky, Ohio, West Virginia: Regional otherwise, with or without advertising for made from such weekly wages, and the ac- Wage Analyst, Bureau of Labor Statistics, 133 proposals, as well as to contracts en- tual weekly wages paid to him; that no re- Federal Bldg., Public Square, Cleveland, Ohio, tered into upon a lump sum basis. bates have been or will be made either di- Colorado, Idaho, Montana, NeW Mexico, rectly or indirectly to or on behalf of said Utah, Wyoming: Regional Wage Analyst, Bu- § 809.907-2 Exceptions. (1) The act or subcontract--(contractor reau of Labor Statistics, 422 Chamber of does not apply to supply contracts, such or) from the full weekly wages earned as set Commerce Bldg., Denver, Colo. contracts ordinarily being subject to the out on the attached payroll; and that no Michigan- Regional Wage Analyst, Bureau Walsh-Healey Act where the amount is deductions, other than the permissible de- of Labor Statistics, Room 926; David Stott in excess of $10,000 (see Subpart E of ductions (as defined In the Regllations under Bldg., 1150 Griswold Street, Detroit, Mich, this part) nor does it apply 'ordinarily the "Kickback" Act (48 Stat. 948) described New York, New Jersey Counties-Bergen, in the following paragraph of this affidavit, Essex, Hudson, Hunterdon, Middlesex, Mon- to Installation or maintenance work done have been made or will be made, either di- for the account of the Government in mouth, Morris, Passaic, Somerset, Sussex, rectly or indirectly, from the full weekly Union, Warren: Regional Wage Analyst, Bu- connection with and as an incident to wages earned-as set out on the attached y3ay- reau of Labor Statistics, Room 713, Parcel supply contracts. roll. Post Bldg., 341 Ninth Avenue, New York, N. Y. (2) The form of provision required in (Paragraph describing deductions, if any) Columbia, Maryland, ------Delaware, District of § 803.344 is not required in War Depart- Pennsylvania, New Jersey CoUnties--Atlantic, ment, contracts with a State, or a po- (Signature and title) Burlington, Camden, Cape May, Cumberland, litical subdivision thereof, nor are other Sworn to before me this ------day of Gloucester. Mercer, Ocean, Salem: Rgional 194-- (Title 29-A Dept. of Labor Wage Analyst, Bureau of Labor Statistics, regulations with regard to the filing of Regulations, 2.3 (b)). (29 CPR, Cum. Supp., summaries and secur- Room 1634, Widener Bldg., Chestnut and affidavits, payroll 33 (b)). Sts., Philadelphia, Pa. ing authorized payroll deductions ap- Juniper § 809.908-2 Expemptions with respect Arkansas, Iowa. Kansas, Missouri, Ne- plicable to such contracts. However, the braska: Regional Wage Analyst, Bureau of provision must be included and the to weekly affidavits. Upon a written Labor Statistics, 3000 Fidelity Bldg., Kansas regulations must be followed in subcon- finding by the Secretary of War, the Sec- City, Mo. tracts of any part of the work involved retary of Labor may provide reasonable Arizona, California, Nevada: Regional Wage sublet by any state (or political subdi- limitations, variations, tolerances and Analyst, Bureau of Labor Statistics, Room vision thereof) to a private contractor. exemptions from the requirements set 410-412, Golden Gate Bldg., 25 Taylor St,, forth in § 809.908-1, subject to such con- San Rancisco, Calif. § 809.907-3 Determination of appli- ditions as the Secretary of Labor may A separate office for the Southern Califor- cability. Since the primary factor for de- specify. Request for such finding zhall nia area Is maintained at: Room 1629, Post termining whether or not the act applies be submitted through the chief of the Office and Court House Bldg,, Los Angeles, i the nature of the work contemplated Calif. technical service to the Industrial Per- Oregon, Washington: Regional Wage in the contract and since this same factor sonnel Division, Headquarters, Army whether or not Analyst, Bureau of Labor Statistics, 616 Sea- Is involved in determining Forces, for submission through board Bldg., Seattle, Wash. the Davis-Bacon Act applies, reference Service is made to §§ 809.911 to 809.911-5, which channels to the Secretary of Labor. (d) In the case of shipbuilding and are equally applicable to this subpart, (Title 29-A, Department of Labor Regu- railroad.contracts, affidavits and payrolls lations, 2.3 (c)) (29 CFR, Cum. Supp., will be submitted for payroll periods end- § 809.908 Procedure. Pursuant to the 3.3 (c)) ing nearest 15 May and 15 November to provisions of the act, the Secretary of Submission of weekly af- the Bureau of Labor Statistics, Washing- Labor has prescribed certain regulations § 809.908-3 ton, D. C. made effective 30 April 1942 which govern fidavits. (a) Each weekly affidavit shall the procedure to be followed in connec- be delivered by contractor or subcontrac- § 809.908-4 Submission of subcon- tion with contracts that are subject to tor within seven days after the regular tractor summaries. Each contractor or the act, and the Davis-Bacon Act § § :09.- payment date of the payroll period to the subcontractor shall within seven days after the making of any subcontract 910 and 809.910-1, also with regard to officer or such other officer as deductions contracting with another person concerning work certain types of authorized such purpose by and the method of securing approval may be designated for subject to the act deliver to the contract- thereof. The substance of the pertinent the chief of the technical service. ing officer or such other officer as may regulations Is discussed in § § B09.908-1 to (b) After such examination and check be designated for such purpose by the 809.908-8, Inclusive. as may be made, one affidavit and one chief of the technical service, an affidavit copy of the payroll of each contractor and setting forth the name and address of § 809.908-1 Weekly affidavit with re- subcontractor engaged on Federal con- his, subcontractor and a summary de- spect to Payment of wages. Each con- struction (except shipbuilding and rail- scription of the precise work subcon- tractor or subcontractor engaged in work periods tracted. After such examination and subject to the act is required to fursush road) covering the weekly payroll each week a sworn affidavit with respect ending nearest 15 January, 15 April, 15 ,check as may be made, such affidavit or to the wages paid each of its employees July, and 15 October sball be submitted -a copy thereof shall be transmitted by (which shall not be deemed to apply to quarterly by the contracting officer or -the -contracting officer or other desig- persons in classifications higher than 'other designated officer to the U. S. De- nated officer directly to the Bureau of FEDERAL REGISTER, Thursday, February 15, 19-15 1869 Labor Statistics. U. S. Department of (d) Upon application to and prior through the chief of the technical serv- Labor, Washington, D. C., (Title 29-A, written permission from the Secretary Ice to the Industrial Personnel Division, Department of Labor Regulations 2.4 of Labor and subject to the standards Headquarters, Army Service Forces, for (b)) (29 CPR, Cum. Supp., 3.4 (b)). set forth in paragraph (b). deductions submission through channels to the Sec- may be made by a contractor or subcon- retary of Labor. (Title 29-A Depart- § 809.908-5 Authorized payroUl deduc- tractor or any affiliated person, foimem- ment of Labor Regulations 2.7). (29 tions. (a) Deductions for the following bership fees In group benefit or retire- purposes are permissible: CFR, Cum. Supp., 3.7). (1) Where- required by Federal, State, ment associations; for board and lodg- § 809.909 Alternative procedures for ing; or for other purposes where the Sec- raflway carriers. By or local statutes or ordinances to be made retary of Labor concludes the deduction letters of 5 October by the employer from the wages earned is required by compelling circumstances: 1942 and 22 January 1943 from the Sec- by the employee; Provmded, however The contractor, retary of Labor to the Secretary of War, (2) Bona fide prepayment of wages sub- a partial exemption regarding the sub- without discount or interest; contractor, or any affiliated person does mission of weealy reports described in (3) Deductions required by court proc- not make a profit or benefit directly or § 809.908-1 was granted to railway car- indirectly from the deduction. A copy riers and an alternative ess provided that the contractor or sub- of the Secretary's decision shall be sent method for ob- contractor will not be permitted to make to the applicant and the Federal agency taining permission of the Secretary of such a deduction in favor of the contrac- concerned. (Title 29-A Department of Labor to make certain types of deduc- tor, subcontractor, or any affiliated per- Labor Regulations 2.5 (d)) (29 CFR, tions was approved. Copies of these let- son or where collusion or collaboration Cum. Supp., 3,5 (d)) ters may be obtained from the office of exists. (Title 29-A Department of Labor (e) In accordance with and subject to the abor Branch, Industrial Personnel Regulations 2.5 (a)) (29 CFR, Cum. the standards set forth in paragraph (b) Division, Headquarters, Army Service Supp., 3.5 (a)) general permission is granted to make Forces. (b) Any deduction is also permissible payroll deductions for: SUBPAT D--DAVIS-BACON ACT which in fact meets the following stand- (1) The payment of the purchase price §809.910 Basic law. The act as ards and with respect to which the con- of United States Defense Stamps and tractor or subcontractor shall have made amended requires as to every contract to Bonds and United States Tax Savings which It applies: written application by registered mail to Notes; the Secretary of Labor, a copy of which (a) That a scale of minimum wages (2) The repayment of loans to or the for every class of mechanics or laborers application shall be sent to the contract- purchase of shares in credit unions or- ing agency by the contractor or subcon- employed shall be set out m the specifi- ganized and operated In accordance with cations (In cases where specifications are tractor setting forth all the pertinent District of Columbia, Federal, or State facts, indicating that such deductions advertised for bids) credit union statutes. (b) That a minimum wage scale must will meet the following standards: (3) Contributions to a Federal gov- (1) That such deduction is not pro- be included in the contract together with ernmental or quasi-governmental a stipulation that the same will be ob- hibited by other law* and agency. (Title 29-A Department of La- (2) That such deduction is (i) volun- served whether contracts are let on bids bor Regulations 2.5 (e)) (29 CFR, Cum, or not. tarily consented to by the employee in Supp., 3.5 (e)) writing and in advance of the period in (c) The inclusion of certain additional which the work was done, and that con- § 809.908-6 Restricted payments pro- provisions hereinafter referred to for sent to the deduction is not a condition hibited. In any case in which the em- the administration and enforcement of either for the obtaining of or for the ployee does not have full and actual the required stipulations. continuance of employment or () that freedom of disposition of his wage pay- Act of 3 March 1931 (46 Stat. 1494) as such deduction is for the benefit of the ment, whether made in cash or by check, amended by act of 30 August 1935 (49 employees or their labor organization any restricted payment made to the em- Stat. 1011) act of 15 June 1940, (54 through which they are represented and ployee is considered a deduction. (Title Stat. 399) and act of 23 March 1941, (55 is provided for in a bona fide collective 29-A Department of Labor Regulations Stat. 53-40 U.S.C. 276a, a-1 to a-7), ML. bargaining agreement; and 2.5 (h)) (29 CFR, Cum. Supp., 3.5 (h)) 1939 and Sup. I, see. 746. (S) That from such deduction no pay- § 809.908-7 Lack of 7nowledge no de- § 809.910-1 Form of contract pro- ment is made to, nor profit or benefit is fense. Nothing in the regulations shall vision. The form of provisions required obtained directly or indirectly by the be construed to permit any deduction contractor or subcontractor or any af- by regulation in contracts to which the which the contractor or subcontractor act applies is set out in § 803.343 (Title filiated person, and that no portion of the knew, or in the exercise of good faith 29-A, Department of Labor Regulations funds, whether in the form of a comnis- should have known, did not meet the 2.6) (29 CFR, Cum. Supp., 3.6). sion or otherwise, will be returned to the foregoing standards. In order to insure contractor or subcontractor or to any compliance with his regulations, the Sec- § 809.911 Applicability: Characterof afflated person; and retary of Labor may notify the contractor contracts covered. The act as amended (4) That the convenience and interest or subcontractor that the deduction will applies to all contracts in excess of $2000 of the employees are served thereby, and be permitted only if certain conditions to be performed in any of the States of that such or similar deductions have been with respect thereto are observed. The the United States, the Territory of customary in this or comparable situa- contractor or subcontractor or any af- Alaska, the Territory of Hawaii or the tions. (Title 29-A Department of Labor- fWated person shall also comply with District of Columbia, for construction, Regulations 2.5 (b)) (29 CFR, Cum. such general rules and regulations con- alteration or repair including painting Supp., 3.5 (b)) cerning the deductions as the Secretary or decoratli-. of public buildings or pub- (c) After application in good faith, the of Labor shall make from time to time, lic works where the same require or in- deduction may- be made in accordance notice of which shall have been given volve the employment of mechamcs or with the foregoing standards: Provwded, to the contractor or subcontractor or any laborers. The act applies to contracts however That if the Secretary of Labor, affiliated person maeking the deduction entered into upon a cost-plus-a-fixed-fee on his own motion, or on the application and to the Federal agency concerned basis or otherwise with or without adver- of any person or agency affected by the either directly or through publication in trising for bids, as well as to contracts granting of the application, shall con- the Ftzm=L REcisTEn. (Title 29-A De- entered into upon a lump sum basis. clude at any time, after written notice to partment of Labor Regulations 2.5 (g)) § 809.911-1 Definition of "building" the applicant and an opportunity for (29 CFR, Cum. Supp., 3.5 (g)). and "wor." The Secretary of Labor him to present his views in support of the § 809.908-8 Request for advisory opin- has, by regulation, defined the words deduction, that the deduction has not "building" and "work!' as including, met the foregoing standards, such de- ions. The Secretary of Labor will fur- generally, construction activity as dis- ductions shall cease to be "permissible" nish an opinion regarding the coverage of any specific project or with respect tinguLshed from manufacturing, fur- seven days after the applicant and the nishing of materials, or servici and Federal agency concerned have been no- to the application of any provislons of tified of the Secretary's decision. (Title the regulations at the request of any maintenance work. 29-A Department of Labor Regulations Federal or State agency. Request for § 809.911-2 Definition of "construc- 2.5 (c)) (29 CFR, Cum. Supp., 3.5 (c)) any such opinion shall be submitted tion'" or "repaw." The Secretary of La- FEDERAL REGISTER, Thursday, February 15, 1945 bor has defined the above terms as used alteration or repair of railways, or other inquire whether Such predetermination Is in the act and in the Copeland Act (see facilities, insofar as such contracts in- current. (The territorial Jurisdiction of Subpart C of this part) as, in substance, volve railways or other facilities and the Division Engineers is coextensive including all types of work done under a wage rates payable to employees of such with that of the service commands. For construction contract such as altering, carriers operating under collective bar- a list of the addresses of the Division remodeling, painting and decorating, the gaining agreements with such carriers Engineers with a statement of the serv- transporting of materials and supplies to made agreeable to the provisions of the ice commands In which they are located, or from the building or work by the em- Railway Labor Act, as amended. (Let- see 809.989.) ployees of the construction contractor or ter 14 March 1942 from the Secretary of §809.914 Reports of violations. construction subcontractor and the man- Labor, to the Secretary of War; and Where a contracting officer finds that any ufacturing or furnishing of materials, amendment dated 10 April 1936, 49 Stat. laborer or mechanic employed by a con- articles, supplies, or equipment on the 1189, 45 U.S.C. 181 through 188, of the tractor or subcontractor on work subject site of the building or work by persons "Railway Labor Act" of 1926) to the act has been or is being paid employed at the site by the contractor § 809.911-7 Determination by chief wages less than the wages required by or subcontractor. (Title 29-A Depart- of technical service. The act contem- the contract to be paid, the contracting ment of Labor Regulations 2.2 (b)) plates an administrative determination officer will make a report on Standard (29 CFR, Cuin. Supp., 3.2 (b)) of the application of the law to particu- Form No. 1093 (schedule of deductions § 809.911-3 Exceptions as to con- lar contracts and the War Department from payment to contractors) executed tractswith States. The law does not ap- is authorized to make such determina- as completely as possible from his rec- ply to contracts between the War De- tion. The chief of the technical service ords to the disbursing officer. The lat- partment and any one of the several involved will determine within his own ter will complete the execution of the States of the Union or the political sub- office whether the foregoing regulations form from his records and transmit it divisions thereof. The law, however, is require the inclusion of Davis-Bacon to, the office indicated on the form. (Cir- applicable to any subcontract covering (and Copeland) Act provisions in any cular letter A-34106, 28 February 1936, of any part of the work covered by such particular contract. In cases of doubt the Comptroller General.) prime contract with a State (or political the question, accompanied by full state- § 809.915 Policy regarding construe- subdivision thereof) where it is sublet ment of the facts, shall be referred to tion and maintenance work. See Sub- to a private contractor. the Industrial Personnel Division, Head- part F of Part 802. quarters, Army Service Forces, for deter- § 809.911-4 Exceptions based on na- mination. SUBPART E-WALSH-HALEY PUOLIO ture o work contemplated by contract. CONTRACTS LAW The act does not apply to: § 809.912 Regulations of the Secre- (a) Contracts for servicing and main- tary of Labor The regulations of § 809.916 General. The Walsh- tenance work generally (Title 29-A, De- the Secretary of Labor described in Healey Public Contracts Law (act of 30 partment of Labor Regulations, 2.2 (a)) §§ 809.908 to 809.908-8, inclusive, where June 1936, 49 Stat. 2036; as amended by (29 CPR, Cum. Supp., 3.2 (a)) pertinent, are applicable to all contracts the act of 13 May 1942, 56 Stat. 277; 41 (b) Contracts for manufacturing and subject to the act. Regulation No. 503 U.S.C. 35-45; sometimes hereinafter re- furnishing materials or supplies. (See issued by the Secretary of Labor 30 Sep- ferred to as the act) -requires the inclu- Title 29-A, Department of Labor Regu- tember, 1935, as amended, prescribes the sion of certain representations and stip- lations, 2.2 (a)) (29 CFR, Cum. Supp., procedures to be followed in predeter- ulations in contracts to which the act ap- 3.2 (a)) and servicing and maintenance mining prevailing rates of wages. plies. The act further provides that the work incident thereto. Secretary of Labor, under certain cir- § 809.913 Obtaining predetermina- cumstances, may make exceptions to (c) Contracts covering the furnishing of prevailing wage rates. of equipment and operating personnel tions this requirenent. Contracting officers for work only incidental to public work § 809.913-1 Responsibility of the Chief are furnished with publications contain- (see 19 Comp. Gen. 467, Dec. B-6009, 1 of Engineers. The. Chief of Engineers is ing the text of the Act and certain regu- Nov. 1939.) responsible for obtaining from the Secre- lations and interpretations relating tary of Labor and for furnishing to the thereto of the Secretary of Labor, who § 809.911-5 Exceptions, "Servicing is charged with its administration (see and maintenance work" deftned. The technical services upon request, as pro- vided in § 809.913-2, all predetermina- § 809.917) Accordingly this subpart is terms "servicing and maintenance work" confined for the most part to matters as used in paragraphs (a) and (b of tions of prevailing wage rates under the Davis-Bacon Act required in connection relating to the act deemed of interest to § 809.911-4, include: War Department personnel not found in (a) Movement of machinery into or with the award of War Department con- tracts. such publications. Provisions to be hr- out of or from one part to another part of eluded in War Department contracts in a building or plant completed or sub- § 809.913-2 Responsibility of con- compliance with the act may be found in stantially completed. tracting officers. Prior to entering into § 803.353. The minimum wage deter- (b) Installation of machinery, ma- negotiations for awarding a contract minations contemplated by the act made chine tools or other equipment in a plant to which the Davis-Bacon Act is appli- by the Secretary of Labor are set forth or building completed or substantially cable, the contracting officer concerned In §§ 809.994 to 809.994-44, inclusive. completed. will request the Corps of Engineers to .lso, reference is made to § 809.903-2 for (c) Plant rearrangement and produc- furnish the appropriate predetermina- a discussion respecting the convict labor tion facilities adjustment or alterations tion of the wage rates to be contained provisions of the act and to § 802.297 incident to (a) or (b) above. In the contract. The contracting of- (a-i) (19) for a statement of procedure NoTE: This definition in connection with ficer will forward such request direct to satisfying the trequirements of the De- paragraph (a) and (b) of §809.911-4 does not the Division Engineer of the Corps of partment of Labor with respect to re- relate to servicing and maintenance prose- Engineers within whose territorial juris- cuted by a construction contractor as a part porting the award of War Department of construction work. diction the work called for by the pro- contracts subject to the act. posed contract is to be performed unless § 809.911-6 Exceptions based on other the chief of the technical service con- § 809.917 Publicationsto be furntslhed grounds. The act does not apply to: cerned directs that the request be for- contracting officers. The Secretary of (a) Contracts for construction, alter- warded through his office. In the latter Labor has published a dopument entitled ation or repair, though otherwise meet- event the request will be forwarded "Walsh-Healey Public Contracts Act, ing the tests of coverage hereinabove set through the chief of the technical serv- Rulings and Interpretations, No. 2, Sep- out, where the place of performance of ice concerned to the Labor Relations tember 29, 1939" and a supplement the contract is not known or cannot be Branch, Personnel Division, Office of the thereto, published 24 January 1944, en- reasonably ascertained at the time the Chief of Engineers. Since predetermina- titled "Supplement to Rulings and In- contract is negotiated. tions are subject to change, contracting terpretations No. 2." These publications (b) Contracts with railroad carriers officers are cautioned, in any case where contain"a compilation of the text of the and airline carriers engaged in interstate a predetermination previously furnished act, the regulations of the Secretary of or foreign commerce, or subcontracts by the Corps of Engineers is apparently Labor relating thereto, and pertinent let to such carriers for the construction apllicable to the proposed contract, to rulings and Interpretations. ,The chiefs n' FEDERAL REGISTER, Thursday, February 15, 1945 1871

of the technical services are responsible the act would apply to such work If the by the contractor-to avoid the necessity for furnishing these publications and a reduction Is effected by unilateral ac- for the exception. Upon receipt of such supply of the forms referred to therein tion of the War Department authorized a request from a contractor, the con- ,to each of their contracting officers (it by the contract. tracting officer and the chief of the labor is, no longer necessary to obtain Form (c) Ice has been held to be a non- branch of the service command in which PC-1 from the Department of Labor; see perishable commodity and thus con- the facility or facilities in question are § 802.297 (a-i) (19)) Information of tracts therefor are subject to the act. located (hereinafter referred to as the interest not found in these publications is § 809.921 Exceptions not stated in the appropriate labor officer) and, in those set forth in §§ 809.920 and 809.921. publications furnished contracting of- instances when requests are from con- § 809.918 Contractssubject to the act. ficers. (a) The succeeding paragraphs tractors of Army Air Forces, the Army Generally, the law is applicable to every of this section set forth or refer to certain Air Forces labor officer in whose district War Department contract for the pur- exceptions not stated in the publications the facility or facilities are located, wil chase of supplies the amount of which mentioned in § 809.917. review the request in the light of: exceeds $10,000. The publications fur- (b) Individuals, corporations, or other (a) The urgency of the particular pro- nished to contracting officers in accord- organizations, not manufacturers or reg- curement; ance with § 809.917, as supplemented by ular dealers as defined by the act, but (b) The relation of existing production pertinent' provisions of §§ 809.920 and acting at the instance of Defense Pro- schedules to War Department require- 809.921, define in detail the contracts to duction Associations certified by the War ments; which the act applies. Production Board, are exempt from the (c) The relation of present and past deliveries to production schedules; ,§ 809.919 General representation and stipulation required instructions. by section 1 (a) of the act. (d) The extent to which labor supply § 809.919-1 Compliance with regula- Is a limiting factor in production, the (c) The following are excepted from reasons therefor, and in particular, the tions. The regulations and instructions the representations and stipulations of contained in the publications mentioned extent to which the contractor's wage section 1 of the act: scale is responsible for the labor supply in § 809.917 as supplemented by § 809.920 (1) Contracts awarded to any railroad and 809.921 will be complied with by all problem; or other carrier. (e) The steps, if any, which have been contracting officers. (2) Contracts awarded for preserved taken either by the contractor or by any § 809.919-2 Minimum wage determi- or processed butter during the period government agency to resolve the labor nations. Prospective contractors will be from 3 February 1943, to the termination supply problem; informed of applicable mmnum wage of the present war and three months (f) The extent to which factors in- determinations, if any, in advance of or thereafter. herent in the production processes in- coincident_ with negotiating contracts. (3) Contracts awarded during the volved necessitate the requested excep- (For a list of such determinations see present war for: tion; §§ 809.994 to 809.994-44, inclusive.) (I) Orange marmalade. (g) The extent to which the productive (if) The production of training films. capacity of the facility or facilities in § 809.919-3 Furnishing of posters. (4) Contracts awarded through 30 question is being utilized for War D2- Contracting officers are responsible for June 1945 for dehydrated rutabagas and partment procurement; and seeing that contractors who are awarded carrots and for the canned and dehy- (h) Any other pertinent data. contracts subject to the Walsh-Healey drated fruits and vegetables set forth on Act are furnished Posters, Form PC-13 page 3 of "Supplemental to Rulings and § 809.923-3 Consultation with re- (Revised March 1944) simultaneously Interpretations, No. 2" (except milk, gional directors, Department of Labor, with the making of the award, or as soon evaporated) and forwarding requests to chzefs of thereafter as possible. All copies of pre- technical services. (a) If the contract- viously issued posters which bear no § 809.923 Procedure for obtaining ex- Ing officer believes that the requested ex- revision date or a revision date other ceptions with respect to the stipulations ception s appropriate under the circum- than March 1944, must be destroyed and required by the act. stances and necessary in the war effort: be replaced by that revised issue. These § 809.923-1 General. Section 6 of the (1) The appropriate labor officer will forms mpy be obtained from the Records, act permits the Secretary of Labor to inform the appropriate regional director Control and Distribution Section, Room make exceptions to the requirement that of the Wage and Hour and Public Con- 1106, Department of Labor, Washington the representations and stipulations of tracts Divisions, United States Dapart- 25, D.C. In this connection, see § 809.917. section 1 of the act be included in War ment of Labor, of the request for excep- Department proposals or contracts which tion and the necessity therefor; and § 809.919-4 Interpretationsnot found are subject to the act. On 11 November (2) After joint consideration with in publications furnished contracting 1942, the Secretary of Labor granted a such regIonal director, the contracting officers. (a) The succeeding para- officer, if still of the opinion that the graphs of this section set forth partial exception permitting the employ- or refer ment of female persons between the ages requested exception is appropriate, will to certain interpretations of the act or of 16 and 18, under certain conditions transmit the request together with (I) of the regulations issued thereunder not (see "Supplement to Rulings and Inter- his written recommendation relative found in the publications mentioned in pretations No. 2") Section 809.923-5 thereto, (it) a statement of all the in- § 809.917. prescribes the procedure to be followed formation upon which the recommenda- (b) Pursuant to an opinion of the So- where a broader exception, through a tion is based and (fil) a recital of the licitor's Office, Department of Labor, re- modification of the conditions attached steps taken in compliance with the pro- leased 9 August 1944, contracts which to such partial exception is sought. S.c- cedure set forth in § 809.923-2 and this were originally $10,000 or less but are tions 809.923-2 to 809.923-4 set forth section, to the chief of the interested subsequently amended so as to increase the procedure to be followed when any technical service. (A list of such re- the price to an amount in excess of that other exception is sought. glonal directors is given in § 809.91.) figure must contain the Walsh-Healey (b) The procedure set forth in para- stipulations after such an amendment. § 809.923-2 Requests for exceptions graph (a) of this section with respect to This is so, irrespective of whether the and review thereof by contracting ofl- such regional director will be complied amendment is the result of unilateral cers. Except as provided in §809.923-5. with unless such compliance would re- action by the War Department (under all requests of present or prospective War sult in undue delay. The contracting a change order or similar provision) or Department contractors for exceptions under section 6 of the act will be ad- officer and the appropriate labor officer, of mutual consent of the parties. With dressed to the chief of the interested in consulting with the appropriate re- respect to contracts exceeding $10,000 technical service. Such requests of the gional director, will furnish him any per- which are subsequently modified to a contractor will be in writing, will be tinent information in their possession figure of $10,000 or less, (1) the Walsh- transmitted through the appropriate which he may require for rendering a Healey Act does not apply to any work contracting oficer, and will set forth all report in connection with the need for performed thereunder after the date of pertinent information, including the na- the exception to the Administrator of modification if the reduction is effected ture of the requested exception, the need -the Wage and Hour and Public Con- by mutual consent of the lfarties, but (2) therefor, and any action already taken tracts Divisions. 8 1872 FEDERAL REGISTER, Thursday, February 15, 1945

§ 809.923-4 RevtewSnd processing of 40 hours, unless such employee receives within the county where printed and requests by chief of the technicalservice. compensation for his employment in ex- published,- or If the chief of the interested technical cess of such 40-hour workweek at a rate (1) Any employee of a street, suburban, service concurs in. the recommendation not less than one and one-half times the or Interurban electric railway, or local of the contracting officer, after review regular rate at which he is employed. trolley or motor bus carrier; or of the request and consideration as to Employment pursuant to bona fide col- () To any individual employed within whether the need for an exception can lective bargaining agreements providing the area of production (as defined by the be avoided by utilization of alternative for employment for not more than 1000 Administrator), engaged in handling, facilities, he will forward the request to hours during any period of 26 consecu- packing, storing, ginning, compressing, the Industrial Personnel Division, Head- tive weeks or for not more than 2080 pasteurizing, drying, preparing In their quarters, Army Service Forces, through hours during any period of 52 consecu- raw or natural state, or canning of agri- the Purchases Division, Headquarters, tive weeks, and employment for a period cultural or horticultural -commodities Army Service Forces, together with: or periods of not more than 14 work- for market, or In making cheese or but- (a) A statement of all pertinent data; weeks in the aggregate in any calendar ter or other dairy products; or (b) His recommendation; year in an industry found by the Admin- (k) Any switchboard operator em- (c) A lettdr setting forth the need for istrator to-be of a seasonal nature will ployed in a public telephone exchange the exception; addressed to the Secretary not constitute a violation of section 7 which has less than five hundred sta- of Labor and prepared for the signature (a) if employees receive compensation tions. for employment in excess of 1Z hours in of the Secretary of War; and § 809.932 Regulations of the Adminis- (d) Findings of fact as required by any workday. or in excess of 56 hours in trator The act provides that the Ad- section 6 of the act, prepared for the any workweek at a rate not less than one and one-half times the regular ministrator shall by regulation define signature of the Secretary of War. rate at certain terms used in the Act and may which they are employed. Neither does pro- § 809.923-5 Special procedure with section grant certain exemptions from Its respect to exception relative to employ- 7 (a) apply, under stated circum- visions. Regulations issued by the Ad- ment of female minors. If a present or stances, to employees engaged in proc- ministrator, as revised from time to time, essing certain perishable products. Act respecs. prospective War Department contractor of 25 June 1938, 52 Stat. 1060, 29 U. S. should be consulted in these requests a modification of any of the Code Section 201-219 (Supp. 1939) as § 809.933 Liability of employer Any conditions attached by the Secretary of amended by 53 Stat. 1266; 54 Stat. 615; employer who violates the provisions of Labor to her exception of 11 November and Act of 29 October 1941 (77th Con- section 6 or 7 of the act Is liable to the 1942, In respect to the employment of gress, 1st Sess.) employee or employees affected In the female persons between 16 and 18 years amount of their unpaid minimum wages, of age, mentioned in § 809.923-1, the re- § 809.931 Exceptions. The provisions or their unpaid overtime compensation, quest will be processed in the same man- of sections 6 and ' of the act do not ap- and In an additional equal amount as ner as other requests for exceptions ply with respect to: liquidated damages; and, In the event the (a) Any in under section 6 of the act, as provided in employee employed a bona employee Institutes suit therefor, the §§ 809.923-2 to 809.923-4, except as fol- fide executive, administrative, profes- costs of the action and a reasonable at- lows: sional, or local retailing capacity, or in (a) The the capacity of outside salesman (as torney's fee as allowed by the court, request will be addressed to also may be restrained by In- the Secretary of Labor; such terms are defined and delimited by Violations (b) If the regulations Junction and may subject the employer chief of the technical serv- of the Administrator) or to criminal penalties. ice believes that the requested modifica- (b) Any employee engaged in any re- tion is appropriate under the circum- tail or service establishment the greater § 809.934 Reimbursement of cost-plus- stances and necessary in the war effort, part of whose selling or servicing Is in a-ftxed-fee contractors for payments in he will transmit the request directly to intrastate commerce; or accordance with the act. Minimum the Administrator, Wage and Hour and (c) Any employee employed as a sea- wages and overtime payments paid cur- Public Contracts Divisions, United States man; or rently in accordance with the act are Department of Labor, with a brief (d) Any employee of a carrier by air reimbursable to cost-plus-a-fixed-fee statement of the need for the modifica- subject to the provisions of title II of contractors as labor costs. Cost-plus-a- tion. - the Railway Labor Act; or fixed-fee contractors also may be reim- SUBPART F-FAIR LABOR STANDARDS ACT OF (e) Any employee employed in: the bursed, In proper cases, amounts paid in catching, taking, harvesting, cultivating, settlement of claims for overtime sub- 1938 or farming of any kind of fish, shellfish, sequently asserted by his employees, § 809.930 Bastc law. (a) The act crustacea, sponges, seaweeds, or other (See § 809.935-2 for the administrative establishes minimum wages and maxi- aquatic forms of animal and vegetable procedure to be followed in respect of mum hours for employees engaged in life, including the going to and return- such of said subsequently asserted claims commerce or in the production of goods ing from work and including employ- are made the subject of an Investigation for commerce, and restricts the use of ment in the loading, unloading, or pack- by the Administrator and § 811,1120 () child labor. Only those provisions of ing of such products for shipment or for the administrative procedure to be the act relating to minimum wages and in propagating, processing, marketing, followed to determine the position of the maximum hours as they affect cost-plus- freezing, canning, curing, storing, or dis- Government in suits for such claimed a-fixed-fee contractors are dealt with in tributing the above products or byprod- overtime brought against cost-plus-a- this subpart. ucts thereof; or fixed-fee contractors.) Attention is (b) Section 6 (a) of the act requires (f) Any employee employed In agri- called to the Comptroller General's deci- every employer to pay to each of his em- oulture; or sion of 15 December 1943 (B-38642, 23 ployees (except homeworkers in Puerto (g) Any employee to the extent that Comp. Gen. 439) to the effect that Rico and the Virgin Islands) "who is en- such employee is exempted by regula- amounts paid in settlement of such gaged in commerce or in the production tions or orders of the Admimstrator is- claims may be reimbursed even though of goods for commerce" not less than 30 sued under section 14 (which permits the the settlements necessitated a compro- cents per hour or, if the Administrator issue of regulations and certificates al- mise of disputed questions of law or fact: of the Wage and Hour Division of the lowing learners, apprentices, messengers Provided, That such settlements are Department of Labor in accordance with apd individuals whose earning capacity in amouilts less than the total amounts the act shall have prescribed some other is impaired by age, physical' or mental (including liquidated damages, court rate, not less than the rate (not in ex- deficiency, or injury to be employed for costs and attorneys fees) which would be cess of 40 cents per hour) so prescribed lower wages than those prescribed by required to be paid In the event the em- ployee sued and obtained by the Administrator. section 6) or judgment and (c) Section 7 (a) of the act prohibits that It is administratively determined (h) Any employee employed in con' that the settlement in each Instance was every employer from employing any of nection with the publication of any fully warranted as being In the best In- his employees "who is engaged in com- weekly or semiweekly newspaper with a terest of the Government. Vouchers merce or in the production of goods for circulation of less than three thousand covering such'payments should be sup- commerce" for a workweek longer than the major part of which circulation Is ported by evidence setting forth the basis FEDERAL REGISTER, Thursday, February 15, 1915 1873 for such administrative determination sentative at the plant will see that the formed on any of the following holidays and any questions of law with respect to -investigation Is conducted In accordance only: the application of the act should be de- with such directive of the Under S.cre- New Year' Day termined by the contracting officer only tary of War. Fourth of July after thorough consideration has been (c) If the Administrator Is of the opin- Labor Day given the matter by competent Govern- ion that any such Investigation disciose3 'Thanksgiving Day ment attorneys or by private attorneys violation of section 6 or 7 of the act, he Chris mas Day engaged to represent the contractors if will transmit a report of the Investiga- and either Miemoril Day or one other such the former are not available, and a show- 'tion to the Director, Industrial Personnel holiday of greater lccal Importance. ing to that effect should also be made a Division, Headquarters, Army SErvice I. 'All Federal departments and agencies Forces, who will transmit It to the appro- shall conform the provisions In all existing part of the evidence submitted with the and future contracts negotiated, executed, vouchers. priate technical service. The technical or suparvlzsd by them to the policies of this § 809.935 Investigations and inspec- service will cause the matter to be ex- order. All such department and agencies tions. amined into and. If such examination shall Immediately open negotiations to alter confirms such violation, will advise the provisions in exis ing contracts to conform § 809.935-1 Investigations and inspec- contractor to take appropriate steps to them to the requirements of this order. m. Nothing in thls order shall be con- tions of records by the Administrator. -comply with the law. The technical Each employer subject to the act or any strued as requiring a modification of the service promptly will report to the DI- principle that every employ- 3 should have order issued thereunder must make and rector, Industrial Personnel Division, at Ic3t one day of rest in every seven days. preserve such records of the persons em- Headquarters, Army Service Forces, as The continuous operation of plants and ma- ployed by him and of the wages, hours to its examination into the matter and chines In prosecuting the war does not re- and other conditions and practices of as to the action taken. If the question quire that employees should wort seven con- employment maintained by him, and as to whether a violation exists depends secutive days. IV. Nothing harein shall he construed as make such reports therefrom, as the Ad- upon a construction of a provision of the Luper.Adlng or In conflict with the provisions minstrator shall prescribe by regula- act which has not been construed by the of the statute. pre-cribing the compensation, tion or order as necessary or appropriate courts or under the procedure provided hours of work and other conditions of em- for the enforcement of the provisions of in the agreement referred to in § 811.1120 ployment of employees of the United States. the act or his regulations or orders (c) the Judge Advocate General will be V. All Federal departments and agencies thereunder. The act provides that the consulted as tQ the construction to be affected by this order shall refer to the Sec- followed. rotary of Labor for determination qu-stions Administrator or his designated repre- of Interpretation and application arising sentatives may investigate and gather SUBJECT G-ovEwiTI. WAGE COMlE::S.STION hereunder. In any industry or occupatloZn data regarding the wages, hours and REGULATIONS RELATIEG TO OVERITII WAGE in which the Secretary finds that a wage other conditions and practices of em- COIPENSATION stablIzation agreement approved by a Gov- ployment in any industry subject to the ernment department or agency is operating act and may enter and inspect such § 809.940 Executive order Executive satisfactorily, or In any industry or cccupa- places and such records, question such Order No. 9240, dated September 9, 1942 tion n which the Secretary finds that the (7 F.R. 7159) with Section V as amended nature and exigencle of operations make employees and investigate such facts, such action nece-ary or advisable for the conditions, practices or matters as he by Executive Order No. 9248. dated Sep- succezsful pro:ecut1on of the war the Secre- may deem necessary or appropriate to tember 17, 1942 (7 EP.R.'7419), reads as tary may determine that any or all of the determine whether any person has vio- follows: provisions of this order shall not apply to lated any provision of the act, or which 'WHEREAS many labor organizations have such Industry or cccupation or to any class may in already adopted the patriotic policy of waiv- of employees therein. aid the enforcement of the pro- VI. The provisions of this order shall be- visions of the act. ing double time wage compensation or other premium pay for work on Saturday. Sun- come effective October 1, 1242. § 809.935-2 Investigations of cost- day and holidays, as such, for the duration or FnAsMMMr D ROOSavesLv the C plus-a-fixed-fee contractors. (a) The war; and 609.941 Elimination of inconszsten- Under Secretary of War, by memoran- WHEREAS It Is desirable and ncce ary in the prosecution of the war, and to Insure cie through. amendment of contracts; dum dated 15 December 1943 to the uniformity and fair treatment for thoe labor nonreimbursement, etc. By memoran- Commanding Generals of the Army Air organizations, employers, and employees who dum dated September 17, 1942, (See ASP F6rces and the Army Service Forces, has are conforming to such wage policies that Cir. No. 65, 1942) the Under Secretary of directed, with respect to investigations this principle be universally adopted: War acting jointly with the Under Sec- of cost-plus-a-fixed fee contractors of NOW, THEREFORE, by virtue of the au- retary of the Navy and the Chairman of the War Department, that: To the extent thority vested In me by the Constitution and the Maritime Commission, issued in- consistent with security and other regu- the statutes, as PreAdent of the United States and as Commander In Chief of the structions reading In part as follows: lations governing admission of visitors to Army and Navy, It is hereby ordered: 2. WherCver any contract of the War De- plants and projects, representatives of I. That the following princlpleo and regu- partment, the Navy Department, or the l.ari- the Adminitrator should be accorded lations shall apply for the duration of .the time Commission contains a provision which access to the facilities and records of War war to the payment of premium and over- requires the payment of overtime or premium Department contractors for the purpose time wage compensation on all work relating wages In a manner inconsistent with the of making investigations to determine to the prosecution of the war: provisions of Executive Order No. 9240. con- applicability of and compliance with the A. No premium wage or extra compena- tracts will t3 amendzd to eliminate uch In- act. tion shall be paid to any employee In the consltency for the period beginning October Investigations will be cofnducted at United States, its territories or po:s"="lons. 1. 1942, and no future contract will contain such time and in such manner as to in- for work on Saturday or Sunday except where any cuch nconsistent provision. It Is not terrupt or interfere least with operations. such work is performed by the employee on required that any amendment be made of the They should be confined wherever pos- the sixth or seventh day worked n his regu- usual contract articles Included with respect sible to the inspection of records in the larly scheduled workweek and as hereinafter to the provlsions of the W'aih-H-ley Act. office of the contractor. Inspections of provided. the Eight Hour Law. and the FPair Labor the areas in the facility where construc- (1) Where because of emergency condi- Standards Act of 1233, all as amended. tions an employee is required to work for tion or production is in progress will be 3. On and after October 1. 1942, no relm- seven consecutive days In any regularly burcement of cost v1 be made under any held to a mininum. Necessary inter- scheduled workweek a premium wage of viewing cct-plus-a-fixed-fee contract nor vll any of employees should, wherever double time compenzatioa rhall be paid for rcco-_nIton ba given for inclusion in the case possible, be conducted outside work hours work on the seventh day. of Navy co called prlce-mlnus' contracts, of (2) Where required by the provislons of or at such other times as will interfere any cost which reprezants the payment of least with construction or production law or employment contracts not more than time and one-half wage compensation shall premium or overtime compazation a; rates operations. be paid for work In excez. of eight hours in or under circumstances which are not per- (b) The Administrator has stated that any day or forty hours In any workweek or intted by the foregoing order. his investigators will advise cost-plus-a- for work performed on the sixth day worked In any regular scheduled workwee1. § 809.942 Interpretationsof the order. fixed-fee contractors approximately one B. No premium wage or extra compena- Prior to February 17, 1943, the Secretary week before they plan to arrive at the tion shall be paid for worl: on customary hol- of Labor Issued various interpretations project to make an investigation under idays except that time and one-half wage of Executive Order 9240 which were for- the act. The War Department repre- compensation shall be paid for work per- merly incorporated in these procure- 1874 FEDERAL REGISTER, Thursday, February 15, 1945 ment regulations. On February 17, 1943, their employers are not engaged in any require any particular work or shift the Secretary of Labor issued "Interpre- processing activity. Agricultural work- schedule nor does it prescribe the days or tative Bulletin No. 1 of Executive Order ers and employees of Federal or State hours on which work is to be performed. 9240." This bulletin.contains the offi- ,Governments, and political subdivisions It is of course highly desirable that work cial interpretations of the order, effec- thereof, are not subject to the order. schedules be posted in advance, thus en- tive March 1, 1943. It supersedes the abling employees to know upon what § 809.942-3 Classes of employees to days work will be required of them, former interpretations. The bulletin in- -which order is applicable.1 The order terpretations are set forth in the follow- should be applied on the basis of opera- § 809.942-7 The work day. T'", or- ing sections.. As additional ititerpreta- tions carned on in an individual plant. der is to be applied on a 24-hour day tions are Issued, this subpart will be Therefore, if a particular plant is en- basis. A 24-hour period may be ctab- amended to include such interpretations. gaged in wal' work which is within the lished as the workday for the plant or All of the earlier interpretations have scope of coverage, the entire plant would for partipular employees or departments, been deleted, although payments made be subject to the order, including produc- Prowded such an arrangement is not prior to March 1, 1943, pursuant to these tion, clerical, and maintenance employ- designed to evade the purposes of the earlier interpretations should be consid4 ees. In cases where an employer in a order. In the event no particular 24- ered to have been, in compliance with the particular plant is engaged both in the, hour period is established as the work- order. production of war-goods and in noncov- day, the calendar day (. e., from mid- § 809.942-1 Baszc purposes of the or- ered work the order would apply to the night to midnight) shall be considered as der as stated by the Secretary of La- entire plant in the absence of segrega- the -workday. Thus, work on an emtab- bor The order was designed (a) to fa- tion. If an employee works an entire lished workday regardless of the number cilitate round-the-clock war production, workweek exclusively in noncovered pro- of hours worked would, for the purro-Ie (b) to discourage absenteeism found to duction, and his duties do not contribute of the order, be considered as 1 day of have resulted from the practice of pay- or relate to work which is subject to the work. ing premium rates for particular days as order, such an employee would not be § 809.942-8 Exceptions as to work such, and (c) to assure, in the interest covered by the order for that week. On day. Certain exceptions to this rule of efficiency and health, observance of the other hand, if that employee works must be recognized. At times a shift the principle that workers should have a portion of a -week in the performance may cut across 2 workdays. ,Only 1 of at least one day of rest in each week. of any function contributing to the pro- duction of war goods, he would be sub- the 2 days Is to be counted as a day § 809.942-2 Work to whtch order is ject. to the order for the entire work- worked, and that is the day on v,'hch applicable. The order went into effect week. The burden of establishing segre- the shift starts. Where an employee on October 1, 1942. By its terms it applies gation is upon the employer. The order particular occasions works beyond his ,to "all work relating to the prosecution would apply to any employee engaged in normal shift and thereby works into the of the war." This is interpreted to mean covered work if his compensation is cus- next workday, such excess hours should all work performed by prime contrac- tomarily or by requirements of applicable not be regarded as an additional day. tors on Government war contracts, by statutes or agreements related to the However, if the employee continues to their subcontractors, and those who number of hours worked in a day-or the work into his day of rest to the extent of make the materials and supplies neces- number of days worked in a week. one-half his normal shift or is called sary for the performance of such con- back to work on his day of rest, that tracts and subcontracts. The order was § 809.942-4 Saturday and Sunday day must be counted as a day of work. work. Paragraph I A of the order pro- intended to extend to enterprises which 809.942-9 Effect of the order on ap- are engaged in producing, processing, hibits premium wages or extra compen- sation for work performed on Saturday plicable statutes and employme7t con- mining, or manufacturing products used tracts. Such provisions of employment by the Government in the prosecution or Sunday as such, that is, for work per- formed on either of those days without contracts as are in conflict with the order of the ivar or products used by a G(v- are to that extent modified thereby, ernment contractor or subcontractor in reference to the number of hours or days previously worked in the workweek. Any Employment contracts or agreements as the manufacture of war products. En- those terms are used herein include terprises which provide public trans- attempt to clothe any other day in the workweek with the status of a premium practices established by custom or uage. portation or communication facilities, Paragraph I A (2) contemplates that storage, distribution, or warehousing fa- day, as such, would be contrary to the order. applicable statutes such as the Fair cilities, are not covered by the order. Labor Standards Act and the Walsh- Accordingly, employees of railroads, air § 809.942-5 Double time for seventh Healy Act, or employment agreements lines, bus lines, trucking lines or other day. Paragraph I A (1) of the order re- which provide for overtime at time and common or contract carriers, seagoing quires the payment -of double time for one-half on a daily or weekly basis or personnel, longshoremen, dock workers, work oft the seventh consecutive day for the sixth day of work in a regularly and similar waterfront workers, are not worked in any regularly scheduled work. scheduled workweek, shall not be dis- withm the scope of the order. Employees week. Under this requirement double turbed by the provisions of the order. of telephone and telegraph companies time may be paid only if all 7 days fall Therefore, in situations where applicable and radio stations, engaged in the nor- within the same workweek. Double time laws or employment agreements require mal communication operations of such for work performed on the seventh day time and one-half for overtime worked companies, as well as employees of news- should be computed at twice the straight- in excess df 8 hours per day or 40 hours papers, magazines, and other periodicals time rate paid for work on that day or per week, the order permits the payment which disseminate general information twice the average straight-time hourly of time and one-half for such overtime. to the public at large are also excluded. rate for the workweek, whichever is the Likewise, where an employment contract Employees of power and light, water, gas cpstomary method of computing over- requires time and one-half compensa- and other public utility companies which time compensation. The employer's rec- tion for the sixth day worked in a regu- merely furnish power and other facili- ords should indicate which method is ties to the general public are not covered adopted. larly scheduled workweek, the order permits such premiUm pay. If overtime even though some of their output is The workweek. A work- supplied to war contractors. On the § 809.942-6 compensation for hours in excess of a Per other hand, a power plant operated, for week consists of 7 successive days (see day or 40 per week, or for the sixth day § 809.942-7) starting on the same cal- worlked is not required by applicable example, by a war manufacturer fur- endar day each week. Tins is defini- nising power or light, or other services tion of a workweek under the Fair Labor statutes or employment agreements, to the factory would properly be regarded Standards Act and is generally accepted nothing in the order requires the pay. as a plant facility and *would be subject The workweek may be ment of such premium rates. to the order. Also firms engaged ex- by industry. established for the whole plant, for par- § 809.942-10 Contracts for premium clusively In distribution which do not ticular employees, or for any subdivision pay unrelated to work on particulardays process any war products would not be of the plant. The beginning of the as such. It is not the purpose of the covered. Accordingly, e m p 1 o y e e s of workweek may be changed if not in- order to disturb employment contracts wholesalers, retailers, storage ware- tended to evade the requirements of the which contain provisions for extra com- houses and brokers would be exempt if order. The-order does not call for or -pensation for onerous work, night work, FEDERAL REGISTER, Thursday, February 15, 19!5 1S75 or emergency work (I. e., work resulting designated holidays, it means payment that day may exceed 8 or are in excess from a sudden condition calling for im- of time and one-half for the hours of 40 for the workwezk or othermise call mediate action) which extra compensa- worked on the calendar holiday, namely, for overtime rates of pay. For example, tion is in no way related to premium pay hours worked between midnight at the an employee works all 7 days of the work- for work on Saturday, Sunday, or par- beginning of the holiday and midnight week, 8 hours each day. The hours ticular days as such. Accordingly, the at the close of the holiday. However, worked on the seventh day call for time order would not invalidate contracts, in order to give all employees equal ben- and one-half under the Fair Labor practices, or customs calling for more efit of the holiday, It is permissible to Standards Act and double time under the than time and one-half for hours in ex- corlipensate employees at time and one- order. The two premium rates may not cess of 12 on a shift since such work is half for all hours worked on a shift, some be pyramlded-only double time may b3 ordinarily regarded as particularly part of which cuts acress the calendar paid for work on that day. The same is onerous. Likewise, the order would not holiday. It is not permissible to pay the true evau thou3h the employee works invalidate contracts calling for premium time and one-half holiday rate for more over 8 hours on the seventh day, which pay for "call-in work" where the em- than one shift in a situation in which excems hours may also call for time and ployee is summoned to duty outside his the employee works two shifts, both of one-half. Also, since the order limits regular work schedule, and such pre- which cut across the calendar holiday. premium pay for the designated holidays nium rates are unrelated to work on However, employees must be paid time to time and one-half, it would be con- Saturday, Sunday, or any other day as and one-half for at least all the hours trary to the order to pyramid the holiday such. Furthermore, the order does not worked on the calendar holiday. If one rate and the weekly overtime rate re- prevent the payment of shift wage dif- of the designated holidays falls on Sun- quired, for example, by the Fair Labor ferentials or bonuses, or attendance day, either Sunday or Monday may be SMandards Actin cases where the holi- bonuses, where such payments are not observed as the holiday, but not both. day itself consists of hours in ex-ess of in fact related to work performed on § 809.942-15 Holidays; not worl:ed. 40 for the wveg. For examiile, the em- Saturday; Sunday, or particular days, There is no provision in the order relat- ployee worls 6 days of 8 hours each. The as such. ing to compensation on holidays not hours worked on the last day call for worked. time and one-half under the Fair Labor § 809.942-11 Holidays; chozce of sixth Standards Act. The last day is also a holiday. Paragraph I B of the order has § 809.942-16 Holiday pay not offset holiday designated In the order. The two requirements: (a) It requires time against other premium pay. The time order limits pay on that day to time and one-half for work on the 6 holidays and one-half premium pay required for and one-half. For the same reason, enumerated in the order, and (b) It for- work on the 6 holidays designated in where the holiday coincides with the bids payment of any premium wage or the order may not be offset or credited sixth day worked In the worLweek, which extra compensation for work on any against overtime or premium pay re- day by contract may also call for time other holidays as such. A choice is af- quired for any other day or portion of and one-half, the order prevents the forded between Memorial Day and any the workweek by virtue of this order or pyramiding of the two overtime rates. other holiday of greater local impor- applicable statute, such as the Fair La- Likewise, not more than time and one- tance. Failure to select a substitute bor Standards Act, the Walsh-Healey half may be paid for work on the sixth holiday leaves Memorial Day as the sixth Act, or the Federal Eight-Hour Law, day workcd In the workwee even though holiday under the order. The holiday but whether holiday premium pay can the hours worked on that day may be in chosen as a substitute for Memorial Day be credited against overtime compensa- excezs of 8 for the day or 40 for tha week. need not be the same holiday each year tion due under a contract for other Even though the hours worked on the but only 6 holidays may be paid for at hours depends on the terms of the con- holiday in excezs of 8 require time and premium rates in the 12-month period tract. For example, an employee works one-half under the Walsh-Healey Act, beginnmng October first. 6 days of 8 hours each or a total of 43 the order limits the amount of comuen- § 809.942-12 Holidays; computation hours in a workweek. The second day cation to time and one-half and presents of premium pay. The order requires is one of the designated holidays and the pyrarniding of overtime rates or the that time and one-half compensation be the 8 hours worked on that day must hours worked In exces of 8. be paid for at time and one-half. This paid for work on designated holidays § C09.942-19 Absences; full days of but forbids payment in excess of time premium pay may not be credited or off- set against the time and one-half re- absence. (a) If an employee is abzent and one-half. Thus, if the wages of an for all of one of more days, such days employee include compensation for a quired by statute for hours over 40 dur- ing that week. Both must be paid. are not to be Included in computing the holiday although not worked, the addi- seventh day. The only two exceptions tional amount which must be paid under § 809.942-17 Screnth day pay not off- to this rule are a designated holiday on the order for work performed on that set against other premium pay. Simi- which no work Is performed and the case holiday is limited to such amount, as larly, the double time required for the where an employee reports with the brings the total compensation for the seventh consecutive day worked in the reasonable expzctat!on of work and is day to time and one-half. Compensation workweek may not be offset or credlted sent home becauze of a lack of work or for work performed on a holiday should against overtime or premium pay re- other reason beyond his control. Such be computed at one and one-half times quired for any other day or portion of days should be counted in computing the the straight-time rate paid for work on the workweek by the order or edsting seventh consecutive day. that day or one and one-half times the law. Thus, if in the example In § 809.942- (b) With respect to the inclusion of average straight-time hourly rate for the 16, the employee works an additional or full days of abzence for the purpose of workweek, whichever is the customary seventh consecutive day in the same determining whether a sixth day has method of computing overtime compen- workweek, he must receive double time been worked, the answer is to be found sation. The employer's record should for that day. This double time may not indicate which method is adopted. In the prevailing custom, practice, or be offset or credited against the holiday agreement, in the plant. However, the § 809.942-13 Holidays; inclusion of premium pay In this example, nor against days of absence merely for and one-half due for the hours counting of holidays in computing szxth and seventIz the time the purpose of evading the prohibition days. For purposes of computing the worked in excess of 40 prior to the sev- seventh day of work in a workweek under enth day. In the order against premium pay for the order, the designated holidays must Saturday and Sunday work as such § 809.942-18 Pyramiding not permit- would be In contravention of the terms be included in the count whether or not ted of overtime or premium rates on a work is performed on such days. An idle partieular day. On the other hand, It of the order. holiday should be included in computing is contrary to the purposes of the order § 893.942-20 Abscn-ces for parts of the sixth day worked in the workweek to allow the pyramiding of overtime or irorT:days. (a) The order does not re- unless the employment contract speci- premium rates on a particular day. quire that any particular numner of fies otherwise. Thus, double time and no more may be hours be worked in a Lay for that day to § 809.942-14 Holidays; determtnation paid for work on the seventh consecutive be regarded as a day worked under the of what constitutes work on holidays. day worked in the workweek even though, order. Insofar as the order requires payment by virtue of the employment contract or (b) Where an employee is absent for of time and one-half for work on the applicable statute, the hours worked on part of a workday for a 3ustifiable rea- No. 33---4 FEDERAL REGISTER, Thursday, February 15, 1945 son, the day must be counted as a day Repair Industry, and the Pacific Coast been exempted from the order, the holi- worked for the purpose of computing Repair Agreements, approved by the day provisions of the order (paragraph the seventh day of work in the work- Government departments and agencies I (B)) have been Incorporated in the week. Since one of the basic purposes concerned with shipbuilding and ship Stabilization Agreement by resolution of of the order is to discourage absentee- repair work, are operating satisfactorily the Board of Review, which performs the ism, days on which an employee does to stabilize overtime practices in the in- function of administering the Stabiliza- not work his full scheddle .but absents dustry. The exemption is not limited, tion Agreement. (Interpretative Reso- himself for a portion of the day without however, to companies which are parties lution No. 2 of the Board of Review justifiable cause should not be counted or subject to these wage stabilization passed on Noiember 10, 1942.) In computing the seventh day. It is agreements, but is applicable to the en- permissible, however, for the employer tire shipbuilding and -ship repair in- § 809.943-3 Sugar processingindustry. to allow the employee to make up the dustry. The Secretary of Labor on March 24, time lost by such voluntary absence-dur- The shipbuilding and ship repair in- 1943, pursuant to Executive Order 9248, ing the subsequent days of"the work- dustry, for the purposes of the Secre- Issued an order determining that In the week, and be compensated at the rate of tary's order, includes generally construc- case of an employer engaged In the proc- double time on the seventh day of the tion, conversion, outfitting, and repair essing of sugar beets or sugar cane Into workweek for hours worked on that day. of any floating marine structures, in- sugar (but not refined sugar) or Into However, double time may be paid on cluding floating drydocks.. Many pre- syrup, the provisions of section 1A(1) of the seventh day only for those hours liminary processes and the manufacture Executive Order 9240 (requiring the pay- worked after the time lost has been of many parts and products which are ment of double time compensation on made up by the employee. eventually used In the building of a ship the seventh consecutive day of a regu- (c) In computing the sixth day are, however, not included. For ex- larly scheduled workweek) shall not ap- worked in the workweek, the question as ample, the manufacture of prefabricated ply to his employees In any place of to Inclusion of days on which the em- parts m steel mills or sawmills is not in- employment where he Is so engaged. ployee has been absent for a portion of cluded in the industry. § 809.943-4 Fish processing industry, the day maybe determined by the pre- The construction, conversion, outfit- The Secretary of Labor on April 4, 1944, vailing custom, practice, or agreement ting, and repair activities which are con- pursuant to Executive Order 9248, Issued in the plant, provided days are not sidered within the shipbuilding and ship an order determining that the provisions counted merely for the purpose of evad- repair industry are those which are per- of Executive Order 9240 shall not apply ing the prohibitions against premium formed in the water, in drydocks, in to employees engaged In the processing pay for Saturday and Sunday, as such. basins, on ways for launching, or on the of fish, Including the canning and re- § 809.942-21 Relationship of Execu- premises of a shipyard or boatyard. The duction thereof, and operations inci- tive Order 9240 to 9250. Payments re- exemption covers all employees of com- dental thereto, In the United States, Its quired or forbidden by the terms of Ex- panies which are engaged in such activi- territories, and possessions. ecutive Order 9240 do not, in the opinion ties, including maintenance, clerical and § 809.943-5 Fruitand vegetable pack- of the Secretary of Labor, as stated in technical employees, and including also ing and canning Industries.i The Secre- Interpretative Bulletin No. 1, require ap- employees who may be assigned to work tary of Labor on August 26, 1943, pur- proval of the WLB away from the shipyard such as drafts- suant to as wage increases or men employed Executive Order 9248, Issued an decreases upder the terms of Executive by the shipyard and tem- order determining that in the case of Order 9250. In situations where changes porarily stationed in the office of an In- an employer engaged in the first process- in the wage structure or premium rates dependent drafting concern, working on ing of, or In canning or packing, perish- are permitted but not required by Ex- plans for the shipyard. However, em- able or seasonal fresh fruits and vegeta- ecutive Order 9240, the procedures for ployees of "uptown shops" are not within& bles, the provisions of Executive Order the approval of wage increases as stated the exemption. 9240 shall not apply to his employees in in Subpart H of Part 809"should be fol- § 809.943-2 Building trades stabiliza- any place of employment where he is so lowed before such changes are initiated tion agreement. (a) Except as indicated engaged. by the employer. In paragraph (b) below, work on con- § 809.943-6 Milk processing industry. § 809.942-22 National War Labor struction projects subject to the Wage The Secretary of Labor on October 22, Board approval requirements for pre- Stabilization Agreement for the Build- 1943, pursuant to Executive Order 9248, mium pay on sixth day of workweek. ing and Construction Trades Industry Issued an order determining that in the On May 31, 1943, the National War La- engaged in War Construction (July case of an employer engaged In the first bor Board adopted a resolution to the 1941) is exempted from the provisions of processing of milk, whey, skimmed milk, effect that, where, pursuant to the terms Executive Order 9240. The Agreement is or cream into dairy products, the pro- of a collective bargaining agreement, or entitled "Memorandum of Agreement be- visions of Executive Order 9240 shall not the custom and practice in a plant, a pre- tween the Representative of Government apply to his employees In any place of mium rate or extra compensation was Agencies Engaged in Defense Construc- /employment where he Is so engaged. regularly paid, prior to October 1, 1942, tion and the.Building and Construction for services Trades Department of the American § 809.944 Fut ur e interpretations. performed on Saturday, as Section V of Executive Order such, not more than time and one-half Federation of Labor." (See Order, Sec- No. 9240, premium wage compensation retary of Labor, September 30, 1942.) as amended, requires that all questions may be regarding Its interpretations paid without the approval of the Na- (b) On May 22, 1943, the Secretary of and appli- tional War Labor Labor determined that for the duration cation be referred to the Secretary of Board, for services per- Labor. Such formed on the sixth day of work in the of the war, paragraph 1 (B) of Execu- questions requiring action regularly scheduled workweek, in accord- tive Order 9240, which recognizes the by the Secretary of Labor, Insofar as they ance with the provisions of Executive following six holidays only, New Year's are posed by representatives of the War Order 9240. Day, Fourth of July, Labor Day, Thanks- Department, will be directed, through giving Day, Christmas Day, and Me- channels, to the Director, Industrial § 809.943 Exceptions to Executive Or- morial Day, and requires compensation Personnel Division, Headquarters, Army der .9240. at the rate of time and one-half for work Service Forces, who will take any neces- § 809.943-1 Shipbuilding stabilization performed on such holidays, applies to sary steps to obtain such Interpretations agreement. The Secretary of Labor on work on construction projects which is In appropriate cases. The Director, In- February 25, 1943, pursuant to Executive subject to the Wage Stabilization Agree- dustrial Personnel Division, will clear Order 9248, Issued an order determining- ment for the Building and Construction with the Director, Purchases Division, all that Industry* Provided, That the clause in such questions relating to contracting the provisions of Executive Order or procurement procedure. 9240 shall not apply after March the Executive order permitting the sub- Interpreta- 2, 1943, stitution tions of Executive Order 9240, made by to the shipbuilding and ship repair in- of one holiday of greater local importance than Memorial Day does not the Secretary of Labor from time to dustry. apply to such work. (See Determination, time will be promptly forwarded to the The Secretary's order is. based on a Secretary of Labor, May 22, 1943.) chiefs of technical services, and will be finding that the Zone Standards Agree- (c)While work covered by the Build- summarized for inclusion in this Subpart ments for the Shipbuilding and Ship Ing- Trades Stabilization Agreement has G, Auditors, finance officers, and other FEDERAL REGISTER, Thursday, February 15, 1945 1877 persons reviewing War Department § 809.950-2 Applicable statutes, or- made without the approval of the appro- vouchers and payments will present to ders, regulations and rulings. Statutes, priate agency having jurisdiction with the Director, Industrial Personnel Di- orders, regulations and rulings respect- respect thereto (§§ 809-952-809.953). vision, through the Office of the Fiscal ing the stabilization program include the Exceptions to this requirement of ap- Director, Headquarters, Army Service Stabilization Act of 1942 (entitled An proval have been made (e. g. in the case Forces, all requests for instructions as Act to Amend the Emergency Price Con- of certain employers of eight people or to the application of the Executive or- trol Act of 1942, to Aid in Preventing In- less), limitations have been set within der to fiscal matters. flation, and for Other Purposes), as which approvals may be granted, and amen led by the Public Debt Act of 1943 certain Increases and decreases which § 809.944-1 Requests for interpreta- and by the Stabilization Extension Act may be made without the specific ap- tions will be prepared in the following of 1944, the War Labor Disputes Act proval of the appropriate agency in the form and submitted in triplicate. (a) A (relating to labor disputes which may particular case have been defined. brief statement of the question for which lead to substantial nterlerence with the Sections 803.951-2 to 803.951-5, inclu- interpretation is requested. war effort, to government operation of sive, contain a general summation of the (b) A statement as to the person, offi- facilities under certain circumstances, limitations upon increases and decreases cial, department, or organization re- and to other matters) Executive Order in wages and salaries unaer the stabili- questing the interpretation. No. 9250 (wage stabilization order), Ex- zation program. For further details and (c) Any facts or comments which are ecutive Order No. 9299 (regulations and for a statement of the exceptions and necessary for interpretation. These procedure with respect to wage and of the increases and decreases which may comments should not exceed one or two salary adjustments for employees sub- be made without specific approval, here- paragraphs. 3ect to the Railway Labor Act), Exec- tofore mentioned, reference is made to SUBPART H-WAGE AtD SALARY STABILIZATION utive Order No. 9328 (supplemental the regulations, rulings and orders of the stabilization order, the "hold-the-line" agencies charged with the adminstra- § 809.950 General. order) Executive Order No. 9370 (en- tion of the program. § 809.950-1 Scope of section. This forcement of orders of the Board) the f 809951-2 Limitations on wage and section deals with the national wage and regulations of the Director, the Director's salary increases--(a) Policy. Existing salary stabilization program. The Sta- policy directive of May 12, 1913, and policy as to wage and salary increases bilization Act of 1942, as amended (some- the regulations, rulings, orders and In- (insofar as those within the Jurisdiction times hereinafter referred to as "the terpretations of the various cgencles of the Board or the Commissioner as Act") authorizes and directs the Presi- having jurisdiction with respect to the hereinafter ---t forth are concerned) s dent, among other things, and subject to stabilization program. expressed in § 4001.11 of the regulations certain limitations, (a) to issue a gen- § 809.950-3 Where information may of the Director as supplemented by the eral order stabilizing wages and salaries be obtained. Any questions relating to Director's Folicy Directive of May 12. affecting the cost of living on the basis, the stabilization program may be ad- 1943. This policy may be summanzed unless otherwise provided, of the levels dressed by the chiefs of the technical as follows: which existed on September 15, 1942, and services to the Industrial Personnel Di- (1) No increase in wages or salaries (b) generally to provide for the making vision, Headquarters, Army Service shall b-e authorized by the Board or the of adjustments with respect to wages 25, D. C. In addi- be, ex- prose- Forces, Washington Commisioner, as the case may and salaries "to aid in the effective tion, pursuant to a Joint statement of cept in the following cases: cution of the war or to correct gross in- 9250 the Board and the Commissioner, re- (1) Such increases as are clearly nec- equities." By Executive Order No. liable advice relating to the national essry to correct substandards of lvmg; and other directives, the President, with stabilization policy may be obtained from (1i) Such wage or salary readjust- respect, to the stabilization program, has Boards (§ E09.- cer- the Regional War Labor ments as may be deemed appropriate and (1) established policies, (P) defined 990) and the regional offices of the Bu- may not have heretofore been made to tain functions of the National War Labor of the Internal Revenue (§ 809.992). Board, and (3) delegated certain powers reau compensate, in accordance with the and responsibilities to the Economic Sta- § 809.950-4 Definition of wages and "Little Steel Formula" (see paragraph bilization Director (sometimes herein- salaries. For the purposes of the (b) of this section), for the rise in the after referred to as "the Director") stabilization program, salaries and cost of living between January 1, 1941 Some of these powers and responsibili- wages have been defined by the agencies and May 1, 1942; ties of the Director have been re-dele- charged with Its administration to In- (il) Salary and wage adjustments gated by him to the National War Labor clude all forms of direct or indirect re- necezsary to adjust salaries or wages up Board, the -Commissioner of Internal muneration to an employee or officer f6r to the minimum of the tested and going Revenue and the War Food Admmistra- work or personal services p2rformed for rates paid for comparable worh in the tor (sometimes hereinafter referred to an employer or corporation, including same or most nearly comparable plants respectively as "the Board" "the Com- but not limited to bonuses, additional or establishments in the same labor mar- missioner" and "the Administrator") compensation, gifts, commissions, fees, ket, except in rare and unusual cases The Board and the Commissioner, in and any other remuneration in any in which the critical needs of war pro- turn, have authorized other agencies, in form or medium whatsoever (excluding duction require the setting of a wage or certain cases, to exercise their functions insurance and pension benefits in a rea- salary at some point above the mimmum. with respect to the stabilization program sonable amount as determined by the of the going wage or salary bracket; in the first instance, subject to their re- Director) "Salaries" means remunera- (1v) Reasonable adjustments in wages view. The succeeding paragraphs dis- tion for personal services computed on or salanes in case of promotions, reclas- cuss the broader aspects of the program a weekly, monthly, annual or other com- sficatlons, merit increases, incentive and indicate, to the extent deemed of parable basis, except a wage basis. wages or the like, provided that such ad- interest to War Department personnel, "Wages" means remuneration for per- justments do not increase the level of the functions of various agencies having sonal services computed on an hourly production costs appreciably or furnish Jurisdiction with respect thereto. Con- or daily basis, a piece-work basis, or the basis either to increase prices or to tracting officers should be reasonably other comparable basis. resist otherwise Justifable reductions in familiar with the program. However, prices. since contracting and disbursing officers § 809.951 Increases and decreases in (2) No increase in a salary rate ap- are not authorized to determine whether wages and salaries under the stabilIza- proved by the Commissioner shall in- particular payments of wages and sal- tion program. crease the level of production costs ap- aries' by War Department contractors § 809.951-1 General. Generally (a) pre:iably, or furnish the basis either to violate wage and salary stabilization pol- no increases or decreases in wage rates increase prices or to resist otherwise 3us- icy (see §§ 809.961 and 809.962) no at- (regardless of whether required by the tifiable reductions in prices or furnish tempt is made in these procurement reg- terms of any labor agreement), (b) no the basis of further wage or salary in- ulations to set forth in detail the various increases in salaries, and (c) no de- creases. rules, regulations, orders and interpreta- creases in salaries (if below $5,000 or if (3) In connection with the approval tions which have been promulgated pur- the effect of the decrease Is to reduce the of wage or salary adjustments necessary suant to the act. salary below $5,000 per annum) shall be to eliminate substandards of living or to 1878 FEDERAL REGISTER, Thursday, February 15 1945

give effect to the Little Steel Formula or the final disposition of labor disputes Region XII) through which, generally, in connection with the adoption of a "which may lead to substantial interfer- it exercises Its functions In the first in- longer workweek, there may be ap- ence with the war effort" and (b) the stance. (A list of these Regional War proved wage or salary adjustments for approval or disapproval of voluntary Labor Boards, together with a statement workers in immediately interrelated job wage and salary adjustments. With of the areas in which they have Jurls- classifications to the extent required to respect to wages and salaries, the Board diction, respectively, may be found In keep minimum differentials between im- (except as indicated in §§ 809.956 and § 809.990.) In addition, the Board has mediately interrelated job classifications 809.957) is authorized to determne established various other subagencies necessary for the maintenance of pro- whether any- and authorized them In certain types of ductive efficiency. Such adjustments are (1) Wage payments, or cases, subject to the Board's review, (1) to be tapered off rigorously in applica- (2) Salary payments to an employee to hear and determine and to issue di- tion to higher job classifications so as where the rate at which the salary, ex- rective orders in labor dispute cases, and to apply only In those classifications and clusive of bonuses and additional com- (2) to make final rulings on voluntary only to the extent necessary for produc- pensation and without regard to the wage or salary adjustments, A list of tive efficiency In the interrelated job clas- contemplated adjustments, computed on certain such subagencles, together with sifications. an annual basis, is not in excess of $5,000 a general designation (subject to excep- (b) Little Steel formula. This formula per annum, and where such employee: tion) of the cases In connection with has been adopted by the Board for ap- (I) In his relations with his employer which they have been granted authority, plication generally in the case of wage is represented by a duly recognized or is as follows: increases for a group of employees. Un- certified labor organization, or (1) Non-Ferrous Metals Commission der the formula, the Board will consider (ii) Is not employed in a bona fide in cases affecting the stabilization of requests for general increases in straight- executive, administrative or professional the mining, milling, smelting and refin- time wage rates up to 15 percent above capacity ing of non-ferrous metals, referred to It the level prevailing on January 1, 1941. by the Board or by the Regional Direc- Thus a terminal point for general wage are made in contravention of the act, or tors of the 9th, 10th and 12th regions increases is set. The formula is usually any rulings, orders or regulations pro- of the Board. (The Jurisdiction of the not applicable to individual workers or mulgated thereunder. Non-Ferrous Metals Commission does to employees in particular job classifica- § 809.952-2 Regulations, orders and not extend to those enterprises which tions. It will normally be applied only rulings of the Board. From time to time supply materials and equipment to tho to groups composed of all employees in- the Board has issued regulations, gen- above named Industries.) abargaming unit, in a plant, a company eral orders, and other directives (a) es- (2) Detroit Area Tool and Die Com- or an industry, depending upon the cir- tablishing stabilization policiesr-with re- mission in cases concerning the tool and cumstances of each case. spect to wages and salaries subject to die industry In the counties of Wayne, § 809.951-3 Limitations on decreases its jurisdiction, within the limits set forth Oakland, Macomb, Monroe, Washtenaw in salaries of less than $5,000. In the in the act, the pertinent Executive or- and Genessee in the State of Michigan. case of a salary rate existing as of the ders and the Director's regulations, (b) (3) The Trucking Commission In cases close of October 3, 1942, or thereafter creating Regional War Labor Boards and involving persons employed in the fol- approved, under which an employee Is other subagencies to exercise its func- lowing types of trucking operations: paid a salary of less than $5,000 per tions in the first instance subject to the over-the-road (common, contract, or annum fpr any particular work, gen- Board's review, and (c) establishing pro- private carrier) local pick-up, and de- erally no decrease shall be made by the cedures to be followed in cases before the livery- transfer and storage. employer below the highest salary rate Board and such subagencies. Ii-addi- (4) Shipbuilding Commfssion in cases paid for such w6rk in the local area be- tion, the Board has delegated to various involving persons employed in the ship- tween January 1, 1942, and September other government agencies-authority to building industry. 15, 1942, unless to correct gross inequities perform certain of its duties with respect (5) West Coast Lumber Commission in or to aid in the effective prosecution of to the stabilization program. With re- cases involving the production of lum- the war. In either such event, approval spect to adjustments in wages and sal- ber and lumber products In Oregon, of the decrease must be obtained from aries subject to its Jurisdiction, the or- Washington, Idaho, Montana and Cali- the appropriate agency. The words "for ders of the Board (and of the agencies fornia. any particular work" as used in this sec- upon which it has conferred appropriate (6) The National Airframe Panel in tion refer to the particular work of the authority) take one of two forms, de- cases involving employees of certain particular employee and not merely to a pending upon the nature of the proceed- manufacturers of airplanes. In dispute particular type of work. ing involved, as follows: (1) Upon ap- cases this panel acts only In an advisory plications for voluntary wage and sal- capacity to the Board but the panel Is § 809.951-4 Limitations on decreases ary adjustments proposed by employers authorized, subject to the Board's review, in salartes of over $5,000. In the case of or submitted pursuant to agreement of to make final rulings on voluntary wage a salary rate existing as of the close of employers and their employees, the and salary adjustments within its Juris- October 3, 1942, or thereafter approved, Board issues so-called "permissive" rul- diction in cases where the decision of the under which an employee Is paid a salary ings, permitting specified adjustments panel is unanimous, of $5,000 or more per annum, decrease within the limits of established stabi- ('7) The War Shipping Panel in cases may be made without approval: Pro- lization policy, while (2) in cases of dis- Involving the shipping Industry. In dis- vided, That if by virtue of such decrease pute between employers and employees pute cases this panel acts only in an the new salary paid is less than $5,000 or their representatives, the Board is- advisory capacity to the Board but the per annum, then the validity of the de- sues so-called "directive orders" direct- panel Is authorized, subject to the crease below $5,000 shall be determined ing the making of specified wage and Board's review, to make final rulings on as set forth in § 809.951-3. salary adjustments within such limits. voluntary wage and salary adjustments § 809.951-5 Limitations on decreases For a statement of the procedure to be within its jurisdiction In cases where the in wages. The Board shall not approve followed by War Department personnel decision of the panel is unanimous. a decrease in the wages (b) Shipbuilding Stabilization Com- for any partic- In cases before the Board (or before mittee. This committee composed of ular work below the highest wages paid agencies upon which it has conferred au- representatives of the Government, of therefor between January 1, 1942, and thority) in which the War Department shipbuilding management, and of ship- September 15, 1942, unless to correct has an interest, reference is made to building labor, was established by Gen- gross inequities and to aid in the effec- § 809.963. eral Administrative Order No. 2-57 of the tive prosecution of the war. § 809.952-3 Agencies which exercise War Production Board to perform cer- § 809.952 Functions and operation of functions of the Board subject to its re- tain functions with respect to the four the National War Labor Board with Zone Standards Agreements, as amended. mew-(a) Regzonal War Labor Boards. These agreements, negotiated in the four respect to the wage and salary stabiliza- The Board has established twelve Re- tion program. shipbuilding zones (i. e. the Pacific Coast, gional War Labor Boards together with the Atlantic Coast, the Gulf Coast, and § 809.952-1 Jurisdiction of the Board. a Territorial War Labor Board for Ha- the Great Lakes) were originally entered The jurisdiction of the Board covers (a) waii (Alaska has been made a part of into by the Office of Production Manage- FEDERAL REGISTER, Thursday, February 15, 1915 1879 ment (predecessor of the War Produc- (d) War Department Wage Adminis- of business. All applications shall be tion Board) the Navy Department and tration Agency. Pursuant to appropriate made upon appropriate forms prepared the U. S. Maritime Commission on be- delegations of authority, the Wage Ad- by the Board. (For a list of such offices half of the Government; by the Metal ministration Sertion, Industrial Person- see § 809.991.) Trades Department of the American nel Division, Headquarters, Army Sarvice Federation of Labor and by the Inaus- Forces (referred to as the War Depart- § 809.952-7 Procedurein dispute cases trial Umon of Marine and Shipbuilding ment Wage Administration Agency when involving wages or salariessubject to the Workers of America of the Congress of acting under such delegations) acting Jurisdictionof the Board. A dispute case Industrial Organizations on behalf of upon behalf of the Secretary of War, Is arises out of a disagreement as to wages labor; and by various shipbuilding com- authorized to rule upon all applications or working conditions, or both. The Na- pames. Subsequently the War Depart- for wage and salary adjustments (inso- tional War Labor Board usually accepts ment indicated it would participate in far as approval thereof has been made a dispute cases only on certification by the Zone Standards. The agreements, as function of the Board) covering civilian U. S. Conciliation Service although the amended by proposals dated May 16, 1942 employees within the continental limits Board also has power to take cases on its of a National Shipbuilding Conference of the United States employed by (1) the own initiative. A dispute case is re- subsequently ratified by the parties (such War Department, (2) the Army Ex- ferred to the New Case Committee of the proposals so ratified being commonly National B o a r d which determines change Service and (3) certain Govern- whether the case shall termed the Chicago Amendments) ment owned, privately operated facilities be retained by the among other things fix certain wage of the War Department designated in National Board for disposition or re- rates to be paid in the shipbuilding in- lists furnished from time to time to the ferred to the appropriate regional board dustry and provide for an annual wage Board by the War Department Wage or industry commission for decision. review to be conducted by the Shipbuild- Administration Agency. The chiefs of Upon certification of the case to a re- ing Stabilization Committee. Pursuant the technical services are responsible, re- gional board, the case Is considered by a to Executive Order No. 9250, the Com- spectively, for (I) designating to the New Case Committee of the regional mittee continues to exercise its functions. board and prepared for a heanng. The War Department Wage Administration Committee designates a However, no new wage rate fixed by Zone Agency the facilities which, in their opin- tripartite panel Standards Agreement may become effec- ion, should be placed upon such lists and to hear the case or, if the parties agree, a tive until approved by the Board which (ii) advising the officers of their services single person Is appointed. Upon con- acts with respect thereto, in the first concerned of the names of facilities which clusion of the hearing by the panel or in- instance, through its subagency the Ship- dividual, the findings are reported to the have been placed upon such lists. The regional board building Commission. (See paragraph War Department Wage Administration which makes a decision on (a) (4) of this section.) the panel's findings and recommenda- Agency has also been authorized, sub- tions. Arguments may be heard (c) The Wage Adjustment Board for ject to certain limitations, to establish if the the Building Construction Industry. On panel's report is not unanimous. A re- wage or salary schedules for civilian em- gional board may certify to the National May 22, 1942, the War and Navy Depart- ployees of the War Department in the ments, National Housing Administration, Board any case or any question in the various Government owned, Government case upon which it desires a National Reconstruction Finance Corporation, the operated installations located In the Ter- Maritime Commission and the Building Board ruling. Directive orders are is- ritory of Hawaii. The delegations of the sued to the parties when made, except and Construction Trades Department of Board, contained in the Board's General the American Federation of Labor, en- that Issuance of any provision of an or- Orders Nos. 14 and 37, are set forth in der, which relates to a wage or salary tered into an agreement stabilizing wage full at §§ 809.993 to 809.993-3. rates for all war construction work done adjustment, may be stayed if two or more for or financed by the United States (ex- § 809.952-4 When specific approvalof public members of the regional board dis- cept non-Federal construction where Board is 7ot required. Reference is sent from the provision and request that state laws should govern wage rates) in made to the General Orders of the Board its Issuance be stayed. In such an event the continental United States at the level for a definition of certain exceptions to a copy of the directive order and the re- in effect on July 1, 1942. Such agree-. the requirements of the stabilization quest of stay, together with a statement ment, by its terms to endure for the program and of certain Increases In of the reason for such request is trans- duration of the war, provided for the wages and salaries subject to the Juris- mitted to the National Board. Reconsid- diction of the Board which may be made eration of rulings and orders of regional creation of a Wage Adjustment Board boards may be had upon filing (1) to determine whether certain wage without other or specific approval. of petition § 809.952-5 Preliminary inquiries as under es-tablished rules. For a statement adjustments should be made and (2) to of procedure to be followed by War De- fix the amount of any such adjustment. to wage atd salary adfustments within partment The Wage Adjustment Board for the the 2ursdiction of the Board. An em- personnel in cases before the Building Construction Industry, (herein- ployer or a union (or an employee, or a Board (or before agencies upon which after referred it has conferred appropriate authority) to as the Wage Adjust- group of employees not represented by n which the War Dpartment has an in- ment Board) has been established by a union) directly concerned in a pro- terest, reference Is made order of the Secretary of Labor with posed wage or salary adjustment, may to § 809.963. authority (1) to investigate and act upon jointly or separately, ask the nearest § 809.954 Jursdietion and organza- adjustments of wage rates under such designated officer of the Wage and Hour tion of the Bureau of Internal Revenue agreement of May 22, 1942, and (2) to and Public Contracts Divisions of the with respect to the stabl ization program. carry out the duties and functions dele- United States Department of Labor In § 809.954-1 Jurisdiction of the Com- gated to it by the National War Labor the region for a ruling as to whether missioner. The Commissqoner is author- Board. Under General Order No. 13 of the proposed adjustment may be made ized to determine, under re-,1Tahtons the National War Labor Board, the Wage without Board approval. If said ruling prescribed by him with the approval of Adjustment Board continues to exercise is that the proposed wage or salary ad- the Secretary of the Treasury, whether its functions under such order of the Sec- justment may be made without approval any salary payments (other than those retary of Labor and such agreement of of the Board, the ruling shall be deemed under the Jurisdiction of the Board, the May 22, 1942, insofar as the same are to be authorative and shall remain in War Food Administrator or the National consistent with the terms of such General effect unless reversed. (For a list of the Railway Labor Panel, as the case may be, Order No. 13, and is authorized, (1) to addresses of such officers, see § 809.991.) as specified in §§ 809522-1, 809.95S and hear and issue directive orders in labor § 809.952-6 Application for the 809.957) are made in contravention of dispute cases and (2) to make rulings on Board's approval of voluntary adjust- voluntary wage and the act or any regulations or rulings salary adjustments. ments. Generally, each application for promulgated thereunder. The jurisdiction of the Wage Adjust- the Board's approval of a proposed vol- ment Board is limited to mechanics and untary wage or salary adjustment shall § 809.954-2 Salary Stabilization.Unit. laborers in the building and construction be filed with the nearest offlce of the There has been established within the industry in the continental United States Wage and Hour and Public Contracts Bureau of Internal Revenue, but inde- and Alaska employed directly upon the Divisions of the United States Dapart- pendent of all other units therein, a site of the work, and its determinations ment of Labor in the region where the Salary Stabilization Unit which, gener- are subject to review by the Board. employer maintains his principal place ally, is charged with the responsibility of FEDERAL REGISTER, Thursday, February 15, 1945

exercising the Commissioner's authority officer or agency to-whom such authority penses of such employer for such of the and performing his duties with respect to has been delegated, in the form and man- following purposes as may be pertinent: the stabilization program The Salary ner prescribed by such officer or agency. (a) For the purpose of any law or reg- Stabilization Unit functions, generally, § 809.956 Jurisdiction of the War ulation, Including the Emergency Price through Salary Stabilization Regional Food Administrator with respect to the Control Act of 1942, or any maximum Offices. The head of the regional office price regulation thereunder; having jurisdiction stabilization program. The War Food of any application Is Administrator, subject to certain limita- (b) Fot, the purpose of calculating authorized to approve or disapprove it tions, is authorized to determine whether deductions under the revenue laws of the for the Commissioner, wholly or in part, any salary or wage payments to agricul- United States; and and his decision is deemed to be that of tural labor are made in contravention of (c) For the purpose of determining the Commissioner unless and until modi- costs or expenses under any Government fied or reversed the act or any rulings, orders or regula- as provided in the Com- tions promulgated thereunder. The au- contract. missioner's regulations. (For a list of thority of the War Food Administrator such regional offices, see § 809.992.) does not extend to any person whose sal- § 809.962 Responsibility of War De- § 809.954-3 Delegation to War De- ary payments, exclusive of bonuses and partment personnel with respect to vio. partment Wage Administration Agency. additional compensation and without re- lations as defined by Joint Statement o The Wage Administration Section, In- gard to the contemplated adjustment, are the Board and the Commissioner (a) dustrial Personnel Division, Headquar- at a rate, computed on an annual basis, Agencies of the War Department are not ters, Army Service Forces (referred to as 3vhich exceeds $5,000 per annum. required to conduct audits, Investiga- the War Department Wage Administra- tions, or payroll reviews merely for the § 809.957 Jurisdictionof the National purpose of ascertaining whether or not tion Agency when acting under the au- Railway Labor Panel with respect to the thority hereinafter mentioned) acting on contractors have complied with Execu- stabilization program. Special proce- tive Order 9250 (. e. the President's Wage behalf of the Secretary of War, has been dures with respect to wage and salary authorized, subject to certain conditions, Stabilization Order) or the regulations to rule adjustments for employees subject to the promulgated thereunder. The technical upon all applications for salary Railway Labor Act are established by services are neither required nor author- adjustments (insofar as approval thereof Executive Order No. 9299. ized to determine that a prime contractor has been made a function of the Com- has violated the Executive Order or the missioner) covering civilian employees § 809.958 When approval of Director Regulations required. thereunder (see, however, within, the continental limits of the All wage-or salary adjustments Renegotiation Regulations § 1603.382-3 United States and Alaska employed by which may furnish the basis either to In- (32 CFR, Part 1603) and the Army Re- (a) the War Department, (b) the Army crease price ceilings or to resist otherwise Exchange Service, and (c) certain Gov- justifiable reductions in price ceilings or negotiation Manual par, 382.4 (Q 803.382 ernment owned, privately operated fa- which may increase production costs (d))) cilities of the War Depsrtment named in above the level prevailing in comparable (b) When, however, probable non- lists furnished from time to time, to the plants or establishments, require the ul- compliance by a prime contractor with Commissioner by the War Department timate approval of the Economic Sta- Executive Order 9250 or the regulations Wage Administration Agency. The bilization Director. thereunder Is discovered by or brought chiefs of the technical services are re- to the attention of a technical service, § 809.959 Territorial application. such service should: sponsible, respectively, for (1) furnish- The Board, the Commissioner and the ing the War Department Wage Admim- (1) Advise each such contractor of the Administrator have been authorized, un- particulars in which probable non-com- tration Agency with the pames of facili- der certain circumstances, to exempt pliance appears and request ties which, in their opinion, should be that he con- from the operation of the stabilization sult the Regional War' Labor Board or placed upon such lists and (2) advising program wages or salaries paid in any the officers of Salary Stabilization Regional Office their services concerned of territory or possession of the United which has jurisdiction over approval of the names of facilities which have been States. Pursuant to this authority, the wage rates in the case. (See §§ 809.990 placed on such lists. The Commis- Commissioner sioner's and the Board have pro- and 809.992 for lists of regional offices.) delegation to the War Depart- vided that stabilization control shall not (2) Report such apparent violation to ment Wage Administration Agency is set apply to'salaries and wages under their the Regional War Labor Board or Salary forth in full at § 809.993-3. jurisdiction, respectively, in any territory Stabilization Regional Office which has § 809.954-4 When specific approval o1 or possession of the United States, ex- Jurisdiction over approval of wage rates -the Commissioner is not required. Ref- cept Alaska and Hawaii. in the case. Any such reports should in- erence is made, to the regulations of the clude the following Information: § 809.960 Criminal penalties. Sec- (I) Name and address of contractor. Commissioner for a definition of certain tion 11 of the act privides as follows,* exceptions to the requirements of the (1i) Date, number and place of per- stabilization program and of certain in- Any individual, corporation, partnership or formance of the contract. creases in salaries subject to his Jurisdic- association wilfully violating any provision (ii) Rdsum6 of facts constituting ap- of this Act, or of any regulation promul- parent violation Including approved wage tion which may be made without other or gated thereunder, shall, upon conviction specific rates, by whom approved, wages actually approval. thereof, be subject to a fine of not more than paid, names or classifications of persons § 809.954-5 Where applications for 81.000 or to imprisonment for not more than paid, dates. of apparent Improper pay- approval o1 salary increases and de- one year, or to both such fine and imprison- ments, -and name of party making pay- creases and salary rate schedules and ment. ments if other than contractor. rulings respecting exemptions within the § 809.961 Effect of unlawful pay- (c) The technical services have the re- Jurisdictionof the Commissioner shall be ments (determination of costs under sponsibility of establishing within their filed. Generally such an application Government contractsand other aspects services appropriate procedures for the shall be filed with the Salary Stabiliza- of violations) Upon determining that reporting of apparent violations to the tion Regional Office in whose territorial a wage or salary payment has been made proper Government agency. Such pro- Jurisdiction the main office or principal by an employer in contravention of the cedures should be devised to restrict con- place of business of the employer is lo- act or the regulations, rulings or orders tacts with such agency solely to the cated. (For a list of such offices see promulgated thereunder (see § 809.962 transmittal of a report containing the § 809.992.) Such application shall be (e)) the Board, the Commissioner or information listed in paragraph (b) of filed on forms prescribed by the Com- the Administrator, as the case may be, this section. missioner and shall contain such infor- pursuant to § 4001.15"of the regulations (d) No report should be supplemented mation as he may require. If, however, by appearances or participation In hear- of the Director, may certify to the De- ings or other proceedings Of the Commissioner has delegated to any partments and agencies of the govern- the agency other having jurisdiction In the matter except officer or agency (e. g. the War ment an amount to be disregarded as In 'accordance with § 809.963. Department Wage Administration hereinafter set forth. In case of such (e) Determinations of violations will Agency, see § 809.954-3) his authority to certification to the War Department, the be made In all cases by the National War approve or disapprove adjustments in amount so certified will be disregarded Labor Board or the Commissioner of In- salaries, then applications respecfing by the appropriate agency of the War ternal Revenue. If the appropriate Gov- such adjustments shall be made to the Department in determining costs or ex- ernment agency finds that a violation of FEDERAL REGISTER, Thursday, February15, 1915 18S1

Executive Order 9250 or the regulations (d) (1) In the event that any War De- week greater or le= than that established thereunder has occurred, the Industrial partment representative or agency be- in Soction 1 of this order or take other action the with respect to any case or type of case in Personnel Division, Headquarters, Army lieves that a case pending before which he determines that such dIfferent Service Forces, will be advised, and will National War Labor Board or before an minimum work week or other action would Issue specific instructions to the inter- area or regional war labor board or panel more effectively contribute to the war effort ested techmcal service. should be considered within the "rare and promote the purposes of this order. (f) All responsibilities which the tech- and unusual" exception, such representa- 4. All departmenta and agencies of the meal services had prior to issuance of tive or agency will advise the Industrial Federal government shall comply with such Executive Order 9250 or of this subpart Personnel Division, Headquarters, Army pollle, directives and regulations as the chairman of the War Manp wer Commission with respect to reimbursement of con- Service Forces, and will forward to that rhall prescribe pursuant to this order, and tractors in accordance with other laws Division, through appropriate channels,, chalco utiliza their facilities, services and and regulatiops are in no way affected by a report containing the factual founda- personnel and tako such action under author- this subpart. tion for its opinion. This report should ity vestcd In them by law as the chairman Include information respecting: determines to be necesary to effectuate the § 809.963 War Department relations purpose of this order and promote compll- with the National War Labor Board. (a) (I) The present wage rates, the wage adjustment being requested, and a com- ance with its provisions. For the purpose of coordinating War De- of the nature of the re- 5. Nothing In this order shall be construed partment policy and action, the Indus- plete statement ss superseding or in confLIct with any Fed- trial personnel Division, Headquarters, quest pending before the Board. eral. state or local law limiting hours of Army Service Forces will process all cases (!') The relative Importance of the wor or with the provisions of any individual coming before the National War Labor product or service in the total procure- or collective bargaining agreement with re- ment program; spect to rates ox pay for hours worked in Board in which the War Department has excess of the agreed or customary work week, an interest. No other War Department (ii) The relative importance of the nor shall this order ba construed as suspend- representative or agency will make any particular facility and the existence and ing or modifying any provision of the fair statements of fact or recommendation, location of alternative facilities, If any- labor standards act (act of June 25 1933; 52 formally or informally, to the National (iv) The relation of present deliveries Stat. IZeO; 23 U.S.C. 201 et seq.) or any other War Labor Board or to any of its per- to production schedules; Federal, state or local law relating to the sonnel respecting the merits of any case (v) The extent to which labor supply payment of wages or overtime. pending before that Board. is the limiting factor in production; FwxwrM D Rcoszv.u (b) No War Department representa- (vi) The extent towhich the wage THE Wim'E HOurs tive or agency will make any statement schedule is responsible for labor.supply Feb. 9, 1943. of fact or recommendations to any re- problems in this facility; and §809.969 Regulations Of War Mran- gional war labor board or regional or area (vii) Any other pertinent information. Powcr CommrsIon. The following is war labor panel or to any of their per- (2) In no event will any representative the text of the regulations Issued by the sonnel respecting the merits of any cases or agency of the War Dpartment, other War Manpower Commission to nmple- pending before such board or panel ex- than the Industrial Personnel Division, ment the 48-hour work week. cept that in pending wage cases affecting Headquarters, Army Service Forces, By virtue of authority vested in me as War Department procurement, War De- state or recommend to the National War Chairman of the War Mnpower Commission partment representatives, through ap- Labor Board that a case should be re- by Executive Order No. 9301 estabilshing a propriate service command channels or garded as "rare and unusual." Mi1nimum Wartime Workweek of 43 hours, as may otherwise be authorized, may re- (e) Nothing in this section shall be and by Executive Orders N'c3. 9139 and 9Z79, quest that such cases be expedited and construed to affect the relationship .be- I hereby pre:cribe the following regulations: may make statements of fact relating tween the War Dppartment Wage Ad- § M3.1 General policy for iterpretatipo, ministration Agency and the Board and applicatfon of Eecutfve order. Execu- solely to the following issues: tive Order 1o. 9301 shall b so construed and (1) The importance of the product or arising out of General Orders Nos. 14 and 37Tof the Board (see § 809.952-3 (d)) applied as beat to effectuate its fundamental service affected to the War Department purpose, which is to aid in meeting the man- procurement program, SUPART -oRTY-IGHT HOUR vzorinWTM power requirements of our armed forces and (2) Where requested, the probable our expanding war production program by a § 809.968 Executive Order No. 9301. fuller utilization of our available manpower. cost to the War Department resulting The following is the full text of Esecu- Effectuation of this purpose requires that in from any contemplated wage adjust- tive Order No. 9301 issued under date situations of labor shortage employers do not ment, and of February 9, 1943 (8 F.R. 1825) hire new workers when their manpower (3) Whether production is on sched- EmcuEnv OnDim 9301 needs can effectively be met by a fuller ule, and if not, the extent to which man- utilIzatlion of their current labor force, and =~ABLsSON J% ZMMMIUS WAn-uM we0aM that w orkem who can be released by an ex- power shortages, high turnover, or ex- Wr OF 0 G-EOHrHo01s tension of the workweek are released under cessive absenteeism are a contributing By virtue of the authority vested in me by circumntances which will permit and facili- factor. the Constitution and statutes, as President tate their effective utilization elsewhere in (c) Certain "rare and unusual cases" of the United States, and In order to meet the war effort. specially involving "the critical needs of the man-power requirements of our armed 2 903.2 Application to areas and activrities. war production" have been excepted forces and our expanding war-productlon The Chairman of the War Manpower Com- from the established wage stabilization program by a fuller utilization of our avail- mIssIon will from time to time by order able man power, it Is hereby ordered: dclrnate areas and activities as subjlct to criteria when these needs are threat- the provislons of Executive Order No. 9301. 1. For the duration of the war, no plant, Retonal Manpower Directors may designate ened by a manpower problem, the only factory or other place of employment shall solution to which entails the approval of be deemed to be making the most effective additional areas and activities within their wage rates or wage adjustments which respective regions as subject to the pro- utilization of its man power if the mLnimum visions of Executive Order No. 9301, if they will not be permissible under those cri- work week therein is less than forty-eigb find and by appropriate public notice so teria (see § 809.951-2 (a) (1) (iii)) hours per week. declare, that such action will aid in allevi- 2. All departments and agenclc of the atlng labor shortages which are impeding Special procedures have been designed Federal government shall require their con- for the processing of these "rare and the war effort. Unle- and until an area or tractors to comply with the minimum work activity has been so designated, employers unusual" cases and adopted by the Na- week prescribed in this order and with poli- therein will not be required to extend their tional War Labor Board, the War Pro- cles, directives and regulations prccribed workr.e. duction Board, the War Manpower hereunder, and shall promptly take such action as may be necesmary for that purpose. ; 9032 DeZegation of authority. Re- Commission, the War Department, and 3. The chairman of the War Manpower gional and Area Manpower Directors are au- -other procurement or interested Govern- Commission shall determine all questions of thorized and directed to determine all ques- ment agencies. The Industrial Person- interpretation and application ariLng under tions arising within their respective regions nel Division, Headquarters, Army Service this order and shall formulate and Icsue such nd arcas with respect to the interpretation policies, directives and regulations as he de- and application of these re-gulatlons, in con- Forces, has been designated as the sole termines to be necesary to carry out this formity with such procedures and instruc- War Department agency with authority order and to effectuato lt purposes. The tions so the Executive Director of the War to certify and process such cases in which chairman of the War Mnpower Commisslon Manpower Commission may Issue in Imple- the War Department has an interest, Js authorized to establlsh a minimum work mentation thereof. 1882 FEDERAL REGISTER, Thursday, February 15, 1945 0 § 903.4 Minimum wartime workweek. (d). Of youth under the age of sixteen light of Executive Order No. 9301, as "Minimum wartime workweek" as used in years; or follows: these regulations means a workweek of 48 (e) Of individuals who on account of other hours, except in cases where a workweek of employment, household responsibilities, or In order to answer the many Inquiries re- 48 hours (a) would be impracticable in view physical limitations, are not available for ceived as to the effect of Executive Order of the nature of the operations, (b) would fui time work. 9250 on wages and salaries in the light of the not contribute to the reduction of labor re- Executive Order of February 9, establishing quirements, or (c) would conflict with any § 903.8 Definitions. As used in these reg- the minimum wartime work-week 6f 48 hours, Federal, State or local law or regulation lim- ulations: the National War Labor Board today Issued iting hours of work. In such cases "mini- (a) "Workweek" means -the number of the following statement: mum hours within a period of seven successive 1. Effect of the order on employer's obliga- wartime workweek" means the greatest days, beginning number of hours (less than 48) feasible in with the same calendar day Mon to pay over-time. Any employer who each week, during which workers are nor- adopts a 48 hour week In compliance with the light of the nature of the operations, mally required to be on duty. the reduction of labor requirements or the Executive Order 9301 of February 9, 1043 and (b) "Agriculture" means those farm ac- the regulations of the War Manpower Com- applicable Federal, State and local law or tivities carried on by farm owners or tenants regulation, as the case may be. mission Issued thereunder is under the same on farms in connection with the cultivation obligation with respect to over-time pay as § 903.5 Extension of workweek in desig- of the soll;-the harvesting of crops, or the If he had adopted a 48 hour week before the nated areas and activities. If the workweek raising, feeding, or management of livestock, order was Issued. That Is, his obligations to applicable to any worker employed in any bees, and poultry, and shall not include any pay or not to pay over-time rates Is In no plant, factory or other place of employment packing, canning, processing, transportation way affected by the order. in an area or an activity designated as sub- or marketing of articles produced on farms This interpretation is based on the follow- ject to the provisions of Executive Order .unless performed or carried on as aV. incident Ing provision of section 5 of the order: No. 9301. Is less than the minimum wartime to ordinary farming operations as distin- workweek, such workweek shall be extended guished from manufacturing or commercial Nothing in this order shall be construed as to the minimum wartime workweek as fol- operations. superseding or in conflict with * * * the lows: provisions of any Individual or collective bar- gaining agreement with respect (a) Whenever extension of such workweek § 809.970 Deszgnation of areas sub- to rates of pay for hours worked in excess of to the minimum wartime workweek would ject to E.O. 9301. By authority vested the agreed or customary work-week, nor shall this not involve the release of any workers, the in'the Chairman of the War Manpower order be construed as suspending or modifying any affected employer shall proceed promptly to Comnnission y Executive Order No. 9301, provislon of the Fair Labor extend the workweek to the minimum war- Standards Act or establishing a nummum wartime work- any other Federal, State or local law relating time workweek. week of 48 hours and in accordance with to the payment of wages or over-time, (b) Whenever the Regional or Area Man- the provisions oft § 903.2 of the regula- 2. Necessity to power Director or a designated representative tions prescribed by the Chairman of the secure War Labor Board of either determines that extension of such approval for the payment of over-time, Ap- workweek to the minimum wartime work- War Manpower Comnission, said Chair- proval of the War Labor Board is not required week would involve the release only of work- man may designate the areas subject to for payment of overtime rates to wags and ers who can be promptly placed in suitable the provisions of Executive Order No. salary employees for hours worked in excess employment with other employers, the af- 9301. A current list of the areas so des- of 40 made in accordance with the provisions fected employer will be notified of such de- ignated may be secured from any office of the Fair Labor Standards Act or any other termination and thereupon shall proceed -of the United States Employment Service similar Federal, State o' local law or by the promptly to extend the workweek to the or of the War Manpower Commission. provisions of a collective bargaining agree- minimum wartime workweek. ment or by the employer's past custom and (c) If extension of such workweek to the § 809.971 Designation Of activitiea practice. minimum wartime workweek would involve subject to E. 0. 9301. (a) The following If none of these applies, then payment for the release of some workers and the Re- is the text of General Order No. 6, issued the hours worked in excess of 40 at other than gional or Area. Manpower Director or desig- by the War Manpower straight time rates would be a wage increase Commission, des- and would therefore require approval by the nated representative has not determied and ignating certain activities as subject to notified the employer that such workers can War Labor Board. promptly be placed in suitable employment the provisions of Executive Order No. 3. Salaried employees. Salarid employees with other employers, the workweek shall not 9301. within the jurisdiction of the War Labor be extended except as authorized below. On By virtue of the authority Board, whose overtime pay Is not covered by vested in me as the Fair Labor or before April 1, 1943, the affected employer Chairman of the War Manpower Commission, Standards Act or any other shall submit to the Regional or Area Man- by Executive Order No. 9301, similar Federal, State or local law, or by a establishing a collective bargaining agreement Or power Director or the designated representa- minimum wartime workweek of 48 hours, their em- tive of eithef Director a statement as to the ployer's past practice, may not, without the and in accordance with the provisions -of prior approval of number of workers whose release would the War Labor Board, be be § 903.2 of the regulations prescribed by. me paid at involved and their occupational classification, more than straight time rates pro- on February 22, 1943,1 hereby designate the portionate to the additional hours worked together with a proposed schedule for following activities the as subject to the provi- 4. Application for approval of the Increases timing of such releases. The Regional sions or of Executive Order No. 9301: referred to above may, of course, be made, in Area Manpower Director or designated rep- 1. The mining (including the development accordance with the National War Labor resentative willauthorize a schedule for the of ore properties) dressing, and beneficiating Board's regular procedure, at any local offlce extension of the workweek to the minimum (minling) of the following non-ferrous metals of the Wage and Hour Division of the U. 0, wartime workweek and for the release of and their ores: Aluminum, antimony, arsenic, Department of Labor (see 9 8095_2-6). workers in terms of labor market needs -and beryllium, chrome, cobalt, columbium, cop- the employer shall thereupon proceed to per, lead, magnesium, manganese, mercury, § 809.973 Interpretation of regula- extend the workweek in accordance with molybdPnum, silver, tantalum, tin, titanium, tions. Generally, the order and the regu- such schedule. tungsten, uranium, vanadium, zinc, zirco- lations prescribe a 48-hour workweek In § 903.6 Restriction upon hiring of work- nium, and all other non-ferrous metals and the areas and activities designated in ers. No employer shall hire any worker in an their ores. general orders. However, the regula- area or activity designated as subject to the 2. (a) All logging operations. tions provide for several exceptions. provisions of Executive Order No. 9301, if (b) All operations of at sawmills, planing Whether the orders and regulations the employer has failed in any manner to mills, veneer mills, plywood mills, cooperage- comply with the provisions of § 903.5 of these stock mills, cooperage establishments, shin- issued under the Executive order in regulations in the plant, factory or other gle mills, wooden box factories and wood pulp question will affect particular concerns place of employment in which the worker mills. and what their effect will be are ques- would be employed. tions that must be determined in every (b) A current list of the activities sub- case by the War Manpower Commission § 903.7 Exclusions. No provision of these ject to the provisions of Executive Or- or its regional or local representatives. regulations shall be construed or applied so der No. 9301 can be obtained from any Neither contracting officers nor labor as to require the extension of a workweek: of- office of the United States Employment ficers are authorized to interpret or con- 1(a) In any establishment or other place of employment in which less than eight work- Service or of the War Manpower Com- strue the Executive order or the regula- ers are regularly employed; mission. tions. Therefore, all contractors and (b) In any subcontractors presenting questions con- establishment or place of em- § 809.972 Statement re ployment principally engaged in agriculture; adoption of cerning the Interpretation or application (c) Of persons in the employ of any State forty-eight hour week. Under date of in particular cases of the orders and or any political subdivision thereof, or any March 11, 1943, the National War Labor regulations will be referred to the War instrumentality of any one or more of the Board defined the extent of its jurisdic- Manpower Commission officials in the foregoing; tion in the matter of overtime pay in the appropriate area. FEDERAL REGISTER, Thursday, February 15, 1915 ISS3

§ 809.974 Enforcementprocedure. Un- where, because of premium overtim (c) The amount of savings, through til the War Manpower Commission has rates required by Federal law or Execu- reduced overhead costs or otherwise, re- advised the War Department that a par- tive order, such compliance has resulted sulting from the adoption of the longer ticular contractor is failing to comply in an Increase in the cost of performance workweek. with the order and the regulations, no ac- of such contract or subcontract, over and (d) The total contract price of War tion will be taken by any representative above cost of performance ha such In- Department contracts or subcontracts of the technical service, either to with- crease in the workweek not been so re- on which an adjustment is sought; the hold contracts from -such contractor or quired; and where such increase In the estimated amount of net earnings before -to require compliance with the order and cost of performance would cause hard- taxes that would have accrued thereon the regulations by any such contractor. ship to such contractor or subcontractor, had not the increased labor costs been In cases where the War Manpower Com- the War Department and Navy Depart- incurred. missiori has found that a particular War ment will give consideration In appro- Department contractor is not complying priate cases to granting relief from such § 809.975-4 Authority to execute sup- with said order and regulations and has hardship. plementaZ agreements. Whenever the so advised the War Department, the chief (2) Generally speaking, it will be re- chief of the technical service, or such of the technical service will be notified garded that hardship exists only In cases person within the technical service to immediately by the Director, Industrial where the Increase in the cost of per- whom the authority so to act has been Personnel Division, Headquarters, Army formance of a War Department or Navy delegated by the chief of the technical Service Forces, and it will be the duty Department contract resulting from service, sball find in the light of the of the ehief of the technical service or his compliance with the order and the regu- showing made by the contractor and designated representative promptly to lations operates to deprive the contractor verified to the extent feasible within the request such contractor to comply with of a fair profit on the contract. technical service: said order and regulations. Whenever (3) Where contracts under which such (a) That the increase in the cost of any such contractor shall thereafter fail increases are sought relate to commodi- performance of a War Department con- or refuse to comply therev~ith, report ties; supplies or articles which are subject tract or subcontract, resulting from com- thereof will be made immediately by the to OPA ceiling prices, any adjustment to pliance with Executive Order No. 9301. ctiief of the technical service involved to be made must be within such ceiling and the regulations promulgated there- the Director, Industrial Personnel Divi- prices or subject to approval in particular. under, operates to deprive the contractor sion. cases by the Office of Price Administra- or subcontractor of a'fair profit on the tion. contract, or subcontract, and § 809.975 Adjustments to cover in- (4) Requests by subcontractors for (b) That It is appropriate, m the light creased cost of compliance. The War such relief must In all cases be presented of all the facts known to him, or reason- Department policy in regard to adjust- through prime contractors and adjust- ably ascertainable by him, bearng upon ment for the increased cost qf perform- ments, made for the benefit of subcon- the earnings of the contractor or sub- ance occasioned by compliance with said tractors, shall be made only through contractor from its war business, to grant order and regulations is set out in the prime contractors. relief; following Joint Statement of the War and § 809.975-1 Time limit for filing re- he Is authorized to enter into supple- Navy Departments, dated April 1, 1943: mental agreement pursuant to the First (a) Executiv6 Order No. 9301 and the quests for adjustment. No requests for adjustments of the type above described War Powers Act and Executive Order No. regulations promulgated thereunder by 9601 awarding the contractor an addi- the War Manpower Commission require will be considered unless they are pre- sented to the contracting officer prior tional amount, not in excess of the all employers in certain areas and all em- diminution of the amount of a fair profit ployers in certain industries to adopt the to the time the contracting officer has administratively determined the final on such contract or subcontract, caused minimum wartime workweek as defined by such compliance. by said regulations. The Executive order amount due under the contract under directs all procurement agencies of the which the request is presented by com- SMSART 3--sTMM LAEOR LEGISLATIoN municating his determination to the con- Government to require their contractors § 809.917 War Department policy re- to comply with the order and with the tractor or by the approval of the final voucher therefor. sppecting State labor legislation. It is regulations. the policy of the War Department to re- (b) While many Government colitrac- § 809.975-2 Procedurefor adjustment. quire Its contractors to comply with all tors and subcontractors may not be af- Requests for adjustment must be pre- applicable State labor statutes, and the fected, the War Department and Navy sented to the contracting officer of the rules and regulations promulgated Department recognize that some con- -technical service involved. Such adjust- thereunder. This requirement applies tractors and subcontractors will be ob- ments as are made In the amount of the even where a contractor, by i-eason of liged to extend the workweek of their contract price with prime contractors operating a government-owned facility employees andl-will be required to pay will be made by supplemental agreement located on territory owned by the United premium rates for the additional hours between the technical service and the States, might otherwise be exempt. involved, with the resue that their labor prime contractor. No adjustment will be costs will be increased. The Departments made by direct contract with subcon- § 809.978 Requests for relaxation of also recognize that such compliance may tractors. The latter should make re- State labor legislation. In an cases in result in hardship to some contractors quest for adjustments through their which manufacturers engaged in war who have cooperated with the Depart- prime _contractors and the amounts of production deem necessary to the such adjustments as are appropriate, achievement of full war production the ments in efforts-to secure prices as close relaxation to cost plus a fair profit as is -possible made for the benefit of such subcontrac- of State labor statutes or ad- under war conditions, and that such tors, will be included in supplemental ministrative orders which are restricting hardship may result in the impairment agreements with the prime contractors. or are allegedly restricting war produc- of the ability of many contractors, par- tion, the folloq.ing procedure will be ob- § 809.975-3 Nature of showing re- served: ticularly small contractors, to continue qired for adjustment. No adjustment effectively to produce-war goods. will be made without a proper showing § 809.978-1 Procedure for requests. (c) Accordingly, the following policy which must include the following: (a) The interested contractor will sub- has been adopted by the War Depart- (a) That the contractor or subcon- mit the Initial request for such relaxa- ment and Navy Department: tractor was required, by the Executive tion to the State Labor Commissioner (1) Where, during the course of per- order in question as Interpreted and ap- or other State officials charged with the formance of a lump sum contract or sub- plied to his case by the War Manpower enforcement of labor legislation In the contract, acontractor or subcontractor Commission regulations, to increase the State or region where the plant of the has been required to increase the work- workweek of some or all of his employees. manufacturer involved Is located. week of employees in order to comply (b) The amount of the increased labor (b) In the event that the contretor's with Executive Order No. 9301 and the costs Incurred because of premium over- request for relaxation is denied, the tech- regulations of the War Manpower Com- time rates involved In compliance with nical service concerned may assist the mission prdmulgated thereunder; - and .the minimum wartime work'week. contractor by supporting the request for No. 33- 5 FEDERAL REGISTER, Thursday, February 15, 1945

relaxation by direct representation to formerly nationals of any particular foreign -IV. PROCEDURE FOR REQUESTING CONSENT TO ELI- the appropriate State official. country. A general condemnation of any PLOY ALIENS FOR WOa ON AERONAUTICAL On (c) The labor branches of the service group or class of persons is unfair and dan- CLASSIFIED CONTRACTS commands gerous to the war effort. The Federal Gov- may be called upon to render ernment Is 'taking the necessary steps to 9. In order to obtain consent of the Head staff assistance relative to the foregoing. guard against, and punish, any subversive of the Government Department concerned, (d) If the desired relaxation has not acts- by disloyal persons, citizens as well as for the employment of an alien on an acro- been obtained after exhausting the aliens., .nautical or classified contract, the alien and above procedure, and the appropriate the contractor are required to fi out their 3. The policy and procedure herein out- respective parts of, an Alien Questionnairo War Department agency continues to lined apply to the employment of aliens by form. The procedure in this connection is urge its necessity, the matter may be re- Government contractors and subcontractors as follows: ferred through channels to the Director, within the continental United States. Spe- (a) rne alien may go to the nearest office Industrial Personnel Division, Head- cial regulations apply to the employment of of the United States Employment Service, quarters, Army Service Forces, Atten- aliens on shipboard and in territories outside which will furnish him with the application tion;. Chief, LabOr Branch. Such re- of the continental United States. form and will assist him In filling out his ferrals should contain the following in- Ir. PLMISSION TO EMPLOY AN ALIEN IS REQUIRED portion of the Questionnaire. However, if the formation: IN ONLY TWO CLASSES OF CASES contractor has forms and office facilities con- veniently available, the alien may go directly (1) Provision or provisions of law the 4. Contractors and subcontractors are re- to the contractor's plant and may there fill relaxation of which is required. quired to obtain the written consent of ther out his portion of the Questionnaire. T e (2) Extent of relaxation required. head of the Government department con- Plant Security Officer is instructed to furnish (3) Criticalness or relative scarcity of - cerned, before employing aliens under the to contractors theAlien Questionnaire forms, the material. following conditions only: However, the form may also be secured from (4) Circumstances necessitating the (a) Aeronautical contracts. Written con- the lo'al office of the United States Employ- sent is required before an alien employee may" ment Seriee. relaxation (such as, for example, a be permitted to have access to the plans or shortage in the local supply of skilled (b) When the alien's portion of the Ques- specifications or the work under construction tionnaire has been completed, the form will labor) or to participate in the contract trials under then be submitted to the employer/who will (5) Remedial action being taken by contracts involving aircraft, aircraft parts, fill out his portion of the Questionnaire, the manufacturer (such as, for example, or aeronautical accessories for the United Insofar as possible, statements made by the training and upgrading) States. contractor or reported by him, regarding the (6) Efforts previously made to obtain (b) Classified contracts. Written consent loyalty of the alien, should be factual rather is required before aliens employed the relaxation. by a con- than simply expressions of opinion. tractor in the performance of secret, confi- (c) When the contractor has completed § 809.978-2 Refusal of requests. Re- dential, or restricted Government contracts the Alien Questionnaire, (seven copies), he quests for assistance in obtaining a re- shall.be permitted to have access to the plans will retain one copy and will deliver the laxation *or specifications, or the work under such others to the plant security officer. This will be refused m cases in contracts, or to participate in the contract which: officer will retain one copy and will forward trials. the others to the authorized representative (a) The contractor has not already 5. War and Navy Department and Maritime of the head of the department concerned, requested the proper State authorities Commission contractors and subcontractors (d) This representative, after full investi- for such relaxation. may employ aliens as freely as American 4(b) Such gatlon of the loyalty of the alien applicant, relaxation is clearly un- citizens except under the specific conditions makes his recommendation, pursuant to necessary to maintain full production. specified in paragraph 4, (a) and (b), above. which the Secretary of War, the Secretary of (c) The granting thereof would re- "Ir. APPLICATION OP ANTIDISCRIAIINATION CLAUSE the Navy, or the Chairman of the Maritime sult Commission grant or deny consent to em- In a clearly excessive increase in 6. Pursuant to Executive hours of work, in an Order No. 8802, ploy the alien. Notice of such action is sent unreasonable cur- dated June 25, 1941, an antidiscrimination directly to the contractor. In the normal tailment of rest and lunch periods, or In clause (sometimes called "nondiscrimina- case, the employer should receive a decision an undesirable impairment of*working tion" clause) has been Included in all War on his request within less than two weeks conditions. -and Navy Department and Maritime Com- from the date the application is filed with mission contracts entered into since June the plant security officer. SUBPART -EPLOYIENT OF ALIENS 25, 1941. This clause requires the granting of full employment V. SIGNIFICANCE OV, AND APPEAZ V-afo DENIAL § 809.980 Joint statement. Under opportunities to all loyal OF CONSENT date of June 7, 1943, the Secretary of and qualified workers regardl~ss of race, creed, color, or national origin. This clause 10. The denial of consent does not ncces- War, the Attorney General, the Secre- Is intended to apply equally to citizens and sarily Indicate a decision that the alien con- tary of the Navy and the Chairman of noncitizens. For contractors or subcontrac- cerned has disloyal tendencies, but may the Maritime Commission Issued- a joint tors of the War and Navy Departments, or of merely mean that his loyalty to the United statement on the employment of aliens. the Maritime Commission to require Ameri- States has not yet been positively proved, This statement reads as follows: can citizenship as an essential condition for 11. If consent Is denied, the contractor employment is considered a breach of the should promptly so inform the alien appli- I. INTRQDUCTORY STATEMENT clause in the contract andis contrary to the cant, and at the same time advise him as to 1. The protection of the- war effort against natonal policy as expressed in the Executive possible reconsideration. - espionage, sabotage, and subversive activi- order. 12. Reconsidertion of a denial of consent ties is paramount to all other considerations. 7. Even on aeronautical and classified con- may be requested by either the alien or the The Departments of War, Justice and Navy, tracts, If a qualified applicant whose services contractor and additional evidence of loyalty and the maritime Commission, recognize the contractor needs is an alien whose loyalty and letters of recommendation, may be sent clearly the importance of meeting to the to the trnited States the contractor has no direct to the Office of the Provost Marshal fullest possible extent the expanding mili- reason to doubt, the contractor is obligated General. tary and Industrial demands for manpower. -to cooperate with the applicant in applying 13. Aliens whose applications for employ. The governmental agencies herein named for- consent to his employment. Failure to ment on aeronautical or classified contracts are, therefore, making this joint statement request consent for the employment of, or to have been denied by the Secretary of War, the with respect to the national policy to the employ such an alien upon securing consent, Secretary of the Navy, or the Chairmap of the end thlat the available manpower may be if except for his alien status he would have Maritime Commission, should be directed to utilized by contractors and sub-contractors been employed, constitutes a breach of the 'the United States Employment Service for to the maximum degree consistent with the anti-discrimination clause of the contract referral to other work. paramount importance of internal security. and Is contrary to national policy-as expressed Vy. NO PENALTIES APPLY IF CONsENT IS OBTAINED ,In 2. The granting of full employment op- the Executive order. If a contractor re- DEFORE EMLOYING ALIENS ON AERONAUTI- portunities to all loyal and qualified work- *fuses employment to a qualified and author- CAL AND CLASSIFIED CONTRACTS ers irrespective of national origin or citizen- ized alien worker, he should be prepared to ship s urged upon and expected of all present specific and sufficient reasons to avoid 14. Some contractors and sub-contractors contractors and sub-contractors of the a charge of discrimination. have hesitated to, employ aliens because of government agencies herein named. The 8. In no case, except those in which an a lack of clear understanding of the statutory applicable national policy was clearly stated individual alien is denied employment by restrictions, and concern as to the penalty for by the President In his statement of July 11, the specific action of the War or Navy De- violation thereof. It is repeated and em- 1942, in which he said: partments or the Maritime Commission, is phasized that the only restrictions are those a contractor justified in informing an ap- set forth in paragraph 4 above, and that an Persons should not hereafter be refused plicant that he is being refused employment employer Is not subject to any employment, or per-ons penalty If, in at present employed because of Government regulations. discharged, solely The good faith, he obtains the written consent on the basis of the fact same considerations apply to removal from that they are aliens or that they were .of the head of the Government department employment. concerned before an alien is permitted to FEDERAL REGISTER, Thursday, February 15, 1915 1885

have access to the work, plans, or trials under der date of May 27. 1943 (sometimes (8) Inclusion of a non-dILcrimination pro- aeronautical or classified contracts. hereinafter referred to as the order), re- vision is not required in contracts the par- formanco of which dces not involve the em- VI. RESPONSThH5Tim FOR PLANT SECURITY affirmed the policy of the United States "that there shall be no dLcrimination ployment of pmrsons. 15. The contractor. is responsible for the (9) Inclmtion of -a ncn-dizcrimination protection of the plant against all persons in the employment of any person in war provision is not required in contracts with who might endanger its security, regardless industries or in Government by reason foreign contractors for work to be per- of their citizenship. Contractors will comply of race, creed, color, or national origin" formed outside the continental or territorial with detailed regulations concerniflg plant and declared it to be "the duty of all em- limits of the United States where no recruit- security Issued from time to time by the War ployers, including the several Federal de- ment of worhers within the said limits of and Navy Departments and the Maritime partments and agencies, and all labor or- the United States Is Involved. Commission, including: ganizations, in furtherance of this policy (10) The non-dircrimination claue s not (a) complying with the provisions of their required in contracts renewed pursuant to contracts respecting the safeguarding of all and of this order, to eliminate discrim- an option to renew In accordance with the plans and specifications and all work under ination in regard to hire, tenure, terms or terms. condltions and provisions contained these contracts; (b) in any case and at any conditions of employment, or union In the original contract. time where there is a definite indication that membership because of race, creed, color (11) The requirement that parties to an employee is subversive or engaged In sub- or national origin.' In addition the or- contracts with the Government of the United versive activities,, no investigation will be der provided as follows: States (or agencies of -aid Government) In- conducted bythe employer, but the facts will clude a non-dIscrImination claue "in all be furnished to the Federal Bureau of Inves- 1. All contracting agencies of the Gov- aubcontracts" is not applcable to lezzors of tigation for appropriate consideration. (Em- ernment of the United States rhnll include ap2ce in bulldings except In cares where the ployees have the same duty of reporting In In all contracts hereafter negotiated or re- Government of the United States (or any this regard as have employers.) negotiated by them a provision obligating agency thereof) is the only tenant involved, the contractor not to dIscriminate against or unle s a sub-contrCt is entered into VI. p oa STATENM r AND cONTRA T PROVI- any employee or-appllcant for employment SIONS solely for the purpa=e of performing an obli- because of race, creed, color, or national ori- gation (or obligatlons) Impozed by the Gov- gin and requiring him to include a amilar 16. This joint statement is applicable with in all subcontracts. eminent lease. equal force to the employment of aliens provision (12) The requirement that parties to con- 2. All departments and agencies of the Gov- tracts with the Government of the United under all existing contracts. If any clause emnment of the United States concerned with of any existing contract prescribes greater and training programs for war States (or agencies of said Government) in- restrictions bn the employment of allens vocational clude a non-discrimination clause "in all production Shall take all measures appro- is applIcable only in those than are hereby required or permitted, the assure that such programs are ad- sub-contracts" Government will waive compliance with such priate to ca..cesin whLich the sub-contract is entered ministered without dicrimination because into colely for the purp--d of enabling the clause, to the extent that it conflicts with this of race, creed, color, or national origin. Statement. prime contractr to fulfillan obligation (or 17. All previous statements of the Depart- (b) The order also established, in the obligations) Imp-zed by the Government ment of War, Navy, Justice and the Maritime Office for Emergency Management of the contract. Commission with respect to the policy and Executive Office of the President, a Com- procedure in connection with the employ- § 809.986 Amendment of contractsand ment of aliens, are hereby superseded insofar mittee on Fair Employnent Practice, and subcontracts not containing anti-dis- as they may be inconsistent with any state- alithorlzed this Committee, among other crimlnatfon clauses. (a) The contract ments contained herein. things, to formulate policies to achieve clause set forth in § 803.325 is required, the purposes of the order, to receive and HENRY L. STrus5Qx, under the provisions of Executive Order Secretary of War. investigate complaints of discrlminatiorb No. 9346 to be included "in all contracts FRANcIs Brmna, forbidden by Its terms and to promulgate hereafter negotiated or renegotiated Attorney General. such rules and regulations as might be a 0 1" The inclusion of the word FRANiK KNOX. appropriate or necessary, to carry out "renegotiated" has been Interpreted as Secretary of the Navy. the provisions of the order. imposing the requirements set forth In E. S. LAND, (c) The "anti discrimination" clause paragraphs (a) and (b). Chairman, U. S. Maritime Commission. to be included In War Department con- (b) Whenever the terms of a contract tracts, in compliance with the order, may or contracts are to be modified by the § 809.980-1 Form of contract prom- be found in § E03.325. execution of a supplemental agreement, ston. For the form of provision relating § 809.985 Interpretations of Executire and the contract or contractsto be modi- to employment of aliens required by reg- fied do not contain a clause identical in ulation to be included in all top secret, Order No. 9346 by thre Committee on Fair Employment Practice. Pursuant to the wording with that set forth in § 803.325, secret, confidential or -estricted con- such supplemental agreement will pro- tracts, see § 803.337. authority vested in It by Executive Order No. 9346, the Committee on Fair Em- vide that the contract or contracts are § 809.981 Anti-discrzmmation. con- ployment Practice has Lssued the follow- modified to Include such a clause. tract clause. The- anti-discrimination ing Interpretations under the order: (c) Normally the provisions of para- clause (see § 803.325) required in con- graph (b) of this section will not be ap- (1) The words "all contracts hereafter ex- tracts under the provisions of Executive negotiated or renegotiated" include all con- plicable to renegotiation agreements Order No. 9346 issued under date of Mklay tracts made, amended or modifled. ecuted pursuant to the Renegotiation 27, 1943 (see Subpart L of this part)- pro- (2) A non-discriminatlon provision Is re- Act referred to in Procurement Regula- hibits discrimination against any em- quired in leases, grants or easements., right tion No. 12 (Part 812) If, however, the ployee or applicant for employment be- of way, etc., to the rome extent that It i, renegotiation agreement expressly pur- cause of "national origin" This is con- required In other contracts. ports to modify the terms of specified strued as prohibiting discrimination (3) The obligation to include the non-dis- existing contracts with respect to future on non-citizenship as well as dis- crimination clause exists even though the deliveries, the provisions of paragraph based contract Involves non-war activity. cnmunation based on country of origin. (4) The obligation to nclude the non-dis- (b) of this section will be applicable. Likewise, if the renegotiation agreement § 809.982' Procedure. It is to be noted rimination clawe exists even though the that under Article IV of the Joint State- contract is required to be awarded to the low- is to be followed by a supplemental agree- est bidder. ment or agreements, modifying, with re- ment set forth in § 809.980 it is contem- (5) The obligation to include the non- plated that the Alien Questionnaire, spect to future delivenes; the terms of discrimination clause exists even though the existing contracts, such supplemental when completed, will be delivered to the contract is between a Federal Government agreement or agreements wil provide plant security officer. If, at a given plant, Agency and a State agency or subdivision of there is no plant-security officer, the a state. for the inclusion, in the contracts modi- fied thereby, of the clause set forth in - questionnaire should be delivered to the (6) The obligation to include the non- Director of Internal Security at the discrimination clause dces not depend on § 803.325. Headquarters of the service command the amount of money or other consideration (d) Whena prime contractis amended within the limits of which the plant Is involved in the performance of the con- In accordance with paragraphs (a) and located. tract. (b) of this section, it is not necessary (7) The non-discriminatlon provislon re- that the existing subcontracts be corre- SUBPART L-AIR 71- GYMTLil PRACTICE quired does not refer to, extend to or cover the activities or businem of the contractor spondingly modified. However, if the § 809.984 Executive Order No. 9346, which are not related to or involved in the subcontracts are subsequently amended (a) Executive Order No. 9346 issued un- performance of the contract entered Into. for any other reason the anti-disernina- FEDERAL REGISTER, Thursday, February 15, 1945 tion clause contained therein should be Hawaii: Territorial War Labor Board. Chicago: Utilities Builling, 327 South La- amended to conform to the wording of Building "E" Iolani Palace Grounds. Hono- Salle St., Chicago 4, Ill. Serving the States paragraph (a) (1) of the clause set forth lulu, T. H. of Illinois, Wisconsin, Minnesota, North in § 803.325. Dakota, South Dakota and Indiana. § 809.991 Wage and Hour and Public Kansas City: 610 R. A. Long Bldg., 028 § 809.987 Employment of aliens. See Contracts Diisions of the United States Grand Ave., Kansas City 6, Mo. Serving the Subpart K of this part relating to employ- Department of Labor Regional Offices, States of Missouri, 1owa, Nebraska, Kansas ment of aliens, particularly § 809.981. geographical 7urisdictions and addresses and Colorado. of Regional Directors. Dallas: 701 Cotton Exchange Bldg., 608 SUBPART M-3ISCELLANEOUS North St. Paul Street,,Dallas 1, Tex, Serv- Region I: Massachusetts, New Hampshire, ing the States 61 Arkansas, Oklahoma, Mis- § 809.989 Div is i o n engineers; ad- Maine, Vermont, Connecticut, Rhode Island, sissippi, Louisiana, Texas and New MWexlco. 294 dresses and territorial 2urisdictions. Washington Street, Boston 8, Mass. Seattle: Room 312, Smith Tower Annex, 157 Following is a list of the addresses of the Region I: New York and New Jersey. 341 Yesler Way, Seattle 4, Wash. Serving the Division Engineers of the Corps of En- Ninth Avenue, New York 1, N. Y. States of Washington, Oregon, Idaho, Mon- Region III: Pennsylvania and Delaware. tana, Wyoming and the Territory of Alaska, gineers with an indication~of the service ,1216 Widener Building. Chestnut and Juni- command in which each is located. The San Francisco: Room 204 Balboa Building, per Streets, Philadelphia 7, Pa. 593 Market St., San Francisco 5, Calif, Serv- territorial Jurisdiction of the Division Region IV Virginia, West Virginia, Mary- ing the States of Nevada, Utah, the Territory Engineers is-coextensive with that of the land, District of Columbia. 215 Richmond of Hawaii and the First Collection District of service commands. Trust Building, 627 East Main Street, Rich- the State of California which Includes Ala- mond 19, Va. meda, Alpine, Amador, Butte, Calaverad, New England Division: 75 Federal Street, Region V, North Carolina, South Carolina, Boston 10, Mass. First Service Command. Colusa, Contra Costa, Del Norte, Eldorado, Georgia, Florida. 249 Peachtree Street, N. E., Fresno, Glenn, Humboldt, Inyo, Kings, Lake, North Atlantio Division: 21st Floor, 270 Atlanta 3, Ga. Broadway, New York 7, N. Y. Second Service Lassen, Madera, Matin, Mariposa, Mendoclino, Region VI: Alabama, Mississippi, Louisiana. Merced, Modoc, Mono, Monterey, Napa, Ne- Command. 1007 Comer Building, 2nd Ave. and 21st St., Middle Atlantic Division: Room 909, 101 vada, Placer, Plumas, Sacramento, San Birmingham 3, Alabama. Benito, San Francisco, San Joaquin, E. Fayette Street, Baltimore 2, Md. Third -Region VII: Tennessee hnd San Kentucky. 509 Mateo, Santa Clara, Santa Cruz, Shasta, Service Command. 3, MedicalRegion Arts Bldg., Nashville Tenn. Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Soutt Atlantic Division: 50 Whitehall VIII: Ohio and 'Michigan. 4094 Street, P. 0. Box 4114, Atlanta 2, Ga. Fourth Sutter, Tulare, Tebama, Trinity, Tuolumne, Main Post Office, West Third and Prospect Yolo, and Yuba Counties. Service Command. Avenue, Cleveland 13, Ohio. Ohio River Division: 1120 Huntington Bank Los Angeles: Suite 902, Subway Terminal Region IX. Illinois, Indiana, Wisconsin. Building, 417 South Hill Street, Log Angoled Building, Columbus 16, Ohio. Fifth Service 222 West North Bank Drive, Chicago 54, Ill. Command. - 13, Calif. Serving the State of Arizona and Region X. North Dakota, South Dakota, the Sixth Collection District of the State of Great Lakes Division: 20 North Walker Minnesota, -Montana. 406 Pence Building, Drive, Chicago 6, Ill. Sixth Service Com- California which includes Imperial, Kern, 730 Hennepin Avenue, Minneapolis 3, M nn. Los Angeles, Orange, Riverside, San Bor- mand. Region XI: Kansas, Nebraska, Iowa, ADs- MissoViri River Division: Farm Credit Build- nardino, San Diego, San Luis Obispo, Santa sourl, Colorado, Wyoming. 911 Walnut Barbara and Ventura Counties. Ing, 19th and Douglas, Omaha 1, Nebr. Sev- Street, Kansas City 6, Mo. , enth Honolulu: Room 101, Federal Building, Service Command. Rexton XII: Texas, Oklahoma, Arkansas, Honolulu 9, T. H. Southwestern Division: Santa Fe Building, New Mexico. 1100 Main Street, Dallas 2, 1114 Commerce Street, Dallas 2, Tex. Eighth Tex. § 809.993 Delegations of authority to Service Command. - Region XIII: California, Arizona, Nevada, War Department. Pacific Division: 351 California Street, San eWashington, Oregon, Idaho, Utah, Hawaii, Francisco, Calif. Ninth Service Command. laska. 500 Humboldt Bank Building, 785 § 809.993-1 General Order No. 14 of Market Street, San Francisco 3, Calif. the NationalWar Labor Board. General § 809.990 Regional War Labor Boards; Alaska: Territorial Representative. 411 Order No. 14, adopted by the National geograplical2urtsdictions and addresses. Territorial Post Office Building, Juneau* War Labor Board on November 24, 1942, Region I: Maine, New Hampshire, Vermont, Alaska. was amended on August 17, 1943, to read Massachusetts, Connecticut, Rhode Island. Puerto Rico: Territorial Representative. as follows: 209 Washington Street, Boston 8, Mass. P. 0. Box 112, San Juan 1, Puerto Rico. _ Region II. New York, the Northern part AvsORaxZTION TO THz WAR'DEPARaraNT To of New Jersey (including following counties: § 809.992 Salary Stabilization Re- PASS ON WAG AND SALARY ADJUSTME4Tr roR Sussex, Passaic, Bergen, Warren, Morris, gzonal Offices of the Salary Stabilization DEsicNATED Civina EMPLOYEE Essex, Hudson, Union, Middlesex, Somerset, Unit, Bureau of Internal Revenue, geo- (A) The National War Labor Board hereby Monmouth, Hunterdon). 220 E. Forty-second graphical 2urzsdietions and addresses. delegates to the Secretary of War, to be ex- Street, New York 17, N. Y. Boston: Room 1102,44 School St., Boston 8, ercised on his behalf by the Wage Adminis- Region III. Pennsylvania, Maryland, Dela- Mass. Serving the States of Maine, New tration Section within the Industrial Per- ware, District of Columbia, Southern part of Hampshire, Vermont, Massachusetts, Rhode sonnel Division, Headquarters, Army Service New Jersey (including following counties: Island and Connecticut. Forces (hereinafter referred to as the "War Mercer, Ocean, Burlington, Atlantic, Camden, New York: 2S3 Broadway, New York 7, N. Y. Department Agency"), the power to rule Gloucester, Salem, Cumberlaid, Cape May). -Serving the State of New York and the Fifth upon all applications for wage and salary Room 428, Stephen Girard Building, 21 So. Collection District of New Jersey which in- adjustments (insofar as approval thereof has been made a 12th Street, Philadelphia 7, Pa. cludes Bergen, Essex, Hudson, function of the National War Hunterdon, Labor Region IV, Virginia, Tennessee, North Middlesex, Morris, Passaic, S9merset, Sussex, Board) covering civilian employees Carolina, Mississippi, Alabama, Georgia, Union and Warren Counties. within the continental limits of the Upitfd States, employed by, South Carolina, Florida. P. 0. Box 1322, At- Philadelphia: lanta, Ga. Suite 1313, Market Street (1) The War Department National Bank Building, NE. corner Market (2) The Army Exchange Service, and Region V, Ohio, Kentucky, West Virginia. and Guardian Building, 629 Euclid Avenue, Juniper Streets, Philadelphia 7, Pa. .(3) Government-owned, privately-operat- Serving the State of Pennsylvania and the ed facilities of the War Department, Cleveland 1, Ohio. First Collection District of New Jersey which Region VI: Illinois, Indiana, Wisconsin, includes Atlantic, Burlington, Camden, Cape all In accordance with the further provisions Minnesota, North Dakota, South Dakota. May. Cumberland, Gloucester, Mercer, Mon- of this order. McCormick Building, 332 So. Mdichigan Ave- mouth, Ocean and Salem Counties. (B) There shall be a standing tripartite nue, Chicago 4, Il. Washington: Room 2529, Internal Revenue Appeals Committee, to consist of two repro- Region VII. Missouri, Arkansas, Kansas, Building, Twelfth and Consfitution Ave. NW., sentatives to be appointed by the War De. Iowa, Nebraska. 1100 Fidelity Building, 911 Washington 25, D. C. Serving the District of partment Agency and two represontatives Walnut Street, Kansas City 6, Mo. Columbia, Puerto Rico and the States of Dela- each of industry and labor to be appointed Region VIII: Texas, Oklahoma, Louisiana. ware, Maryland, Virginia, West Virginia and by the National War Labor Board. The Com- Mercantile Bank Building, P. 0. Box 5281, North Carolina. mittee may have such assistants as the Board may designate. The Board hereby Dallas 2, Tex. Atlanta: Room 717, William Oliver Bldg., 32 delegates to the Appeals Committee the power to pass Region IX: Colorado, New Mexico, Utah, Peachtree St. NW., Atlanta 3, Ga. Serving the upon appeals from rulings Wyoming, Idaho, Montana. 300 Paramount States of South Carolina, Georgia, Florida, by the War De- partment Agency under category Building, Denver 2, Colo. Alabama A (3) above, and Tennessee. and to perform such other duties as are here- Region X: California, Nevada, Arizona. Cleveland:. Williamson Bldg., 215 Euclid 1355 Market Street, San Francisco 3, Calif. inafter prescribed. Avenue, Cleveland 14, Ohio. Serving the (C) Inr the performance of their respective Regl!n XI: Michigan. Room 230, Penob- States of%Ohio and Kentucky. scot Building, Detroit 26, Mich. duties the War Department Agency and the Detroit: Penobscot Bldg., 645 1riswald St., Appeals Committee shall comply with the Region X11: Washington, Oregon, Alaska. Detroit 26, Mich. Serving the State Of .of 1411--4th Avenue, Seattle terms Executive Order No. 9250, dated 1, Wash. Michigan. October 3, 1942, Executive Order No, 9328, FEDERAL REGISTER, Thursday, February 15, 1915 18S7 dated April 8, 1943, the Supplementary Direc- said facilities and their employces. the fol- tive of May 12, 1943, and ment installations established in the all general orders lowing procedure shall be followed. The Territory. and pollcies of the National War Labor Board dispute shall first be referred for negotia- announced thereunder. tion to the U. S. Conciliation Service. If an d) The rates for any new Job classifi- Any wage or salary adjustment approved agreement Is reached, that portion of the cations subsequently created in any War by the Agency "which may Increase pro'luc- agreement pertaining to wages shall be sub- Department installation shall bear the tion costs above the level prevailing in com- mitted to the War Department Agency for proper relationship to the rates for im- parable plants or establisbments" shall be- approval. If no agreement is reached, the mediately nterrelated job classifications come effective only if also approved by the dispute shall be referred for decision to the in that installation. Director of Economic Stabilization. Notice appropriate Regional Board, subject to the to this effect shall be contained n all rul- regular rules of procedure of the National Nor: Pursuant to the authority vested ings and orders Issued by the War Depart- War Labor Hoard. At the came time, the in him by General Order No. 37 of the Na- ment Agency In wage cases. War tional War Labor Board, the Secretary of War Applications for approval Department Agency rhall be notifLed of voluntary of the dispute and the nature of the case. has designated the War Department Wage wage adjustments within the jurisdiction of On Its own Initiative Administration Agency as the agency to exer- the W4r Department the Agency may request Agency shall state the Regional Board for any further nfor- cise all powers delegated to him In that order. whether or not the adjustment If granted (See § &03952-3(d).) may increase production costs above the -mation concerning the case. When a de- level prevailing in comparable plants or cision has been reached by the Regional § 809.993-3 Delegation fromt the Board, copies of the establishments. If the answer Is in the Board's decision shall be Commissioner of Internal sent to the War Department Agency and the Revenue. By affirmative, the War Department Agency shall letter dated 24 December 1942, the Com- send to the War Labor Board for processing Wage Stabilization Director of the National War Labor Board at the same time that mnisloner of Internal Revenue delegated to the Office of the Director of Economic to the Secretary of War the authority to Stabilization a copy of the application and copies are sent to the parties In the dispute. a copy ot Its ruling at the time of issuance Within the fourteen day period allowed for administer the provisions of Executive thereof, for approval as mentioned above. filing a petition for review, the War Depart- Order No. 9250, General Regulations of The War Department Agency, without ment Agency may requcst a review of the the Director of Economic Stabilization making an initial-ruling thereon, may refer case according to the rules of procedure, as and the Salary Stabilization Regulations to the Board for decision by the Board any amended, of the National War Labor Board. as they relate to salary adjustments, case which n the opinion of the Agency pre- Nom: The standing tripartite Appeals which come under the jurisdiction of the sents doubtful or disputed questions of suM- Committee mentioned In General Order No. Commissioner cient seriousness of Internal Revenue, of and Import to warrant 14 consists of: all clvillaii employees employed by- the direct action by the Board. For the War Department-CoI. W. F. Vol- War Department (D) The War Department Agency and the andt, Assistant Chief, Procurement Division, within the continental Appeals Committee shall transmit to the OAC/AS, material and Services, HQ, Army limits of United States and Alaska, the Wage Stabilization Division of the National Air Forces, and Col. Ralph L. Hart, executive Army Exchange Service and Govern- War Labor Board copies of their respective. assistant to the Chief of Field Services, Ord- ment-owned, privately-operated facili- rulings and rules of procedure as they are nance Department. ties of the War Department. The full issued. In administering the provisions of For labor--John Brophy, director of Indus- text of the letter follows: this order the Agency shall also transmit trial union councils of the CIO, and Fred monthly reports of its rulings to the Wage Hewett, editor of the International Acco- Dzm== 24, 1942. Stabilization Director of the National War ciation of Machinists (AFL) Journal. The Honorable, Tu Szcmrmn o7 WVA Labor Board, and such additional data as said For ndustry--Clarence Skinner. Washing- LEY =.si Mr. Szcsnzrn: Reference is Division or the Board may from time to ton manager of the Automotive Parts and made to your letter dated December 1, 1942, time deem necessary. Equipment Manufacturers A."oclatlon, and addre=ed to the Secretary of the Treasury, (E) Any ruling by the War Department Henry S. Woodbrldge. Assistant to the presi- wherein it Is suggested that an arrangement Agency hereunder shall be final, subject dent of the American Optical Co. be adopted co that the Secretary of War (1) To the National War Labor Board's may have the authority to administer the ultimate power to review rulings on Its own § 809.993-2 General Order No. 37 o1 provisions of Executive Order No. 9250, Gen- Initiative, and the National War Labor Board. The eral Re.ulations of the Director of Economic (2) In cases under category A (3) above, to National War Labor Board hereby sup- Stabilization and the Salary StabIlIzation the right of any aggrieved party, within a plements 'General Order No. 36 by dele- Regulations, as they relate to salary adjust- period of fourteen days after the issuance of ments which come under the jurisdiction the ruling, to file an appeal with gating to the Secretary of War, or to such the Appeals agency as he may designate, subject to of this office, of all civilian positions of the Committee. War Department within the continental (F) Any ruling by the Appeals Committee final review by the National War Labor United States and Ansln, The delegation hereunder shall be final, subject Board, the authority to establish wage of authority would also cover salary adjust- (1) To the National War Labor Board's or salary schedules for civilian employees ments for. perconnel under the Army Ex- ultimate power to xeview rulings on its own of the War Department in the various change Service and in Government owned, initiative, and government-owned, government-oper- privately operated plants. It is further re- (2) To the right of any aggrieved party, ated installations located In the Terri- quested that the authority delegated be including the War Department within a ex- period of fourteen days after the issuance of tory of Hawaii, in accordance with the erclcd on behalf of the Secretary of War the ruling, to petition the National War Labor provisions of the Act of Congress of Octo- by the Wage Administration Section in the Board for leave to appeal to the Board. The ber 2, 1942, Executive Order 9250 dated Civilian Personnel Division Headquarters, burden shall be upon the petitioner in such October 3, 1942, Executive Order 9328 Services of Supply. Under the plan sug- cases to show why the Board should be called dated April 8, 1943, the Supplementary gested the Wage Administration Section upon to act. Directive of May 12, 1943 and all other rould have authority to act on cases covered (G) Any ruling by the War Department Executive orders and regulations issued by the policies of this office and will present Agency hereunder shall be deemed to be the thereunder, subject to the following limi- to the Commisioner of Internal Revenue a Act of the National War Labor Board unless request for a declsion of any case not so and until reversed or modified by the Appeals tations: (a) The June 8,1944 level of wage and covered, There was attached to your letter Committee or by the Board. a Wage Administration Manual for un- (H)- The term "g9vernment-owned, salary rates prevailing in army installa- pri- graded civilian jobs. vately-operated facilities of the War Depart- tions In the Territory of 3fawail shall be In accordance ment" shall include for the purposes of this maintained in accordance with the with your request, there i- Order only those facilities (1) In which the directions subsequently set forth hereby delegated to the Secretary of War, in this as the agent of the Commissioner, to be ex- War Department has contractual respon- order. sibility for the approval of pay roll costs, and (b) Exclusive ercded on his behalf by-the Wage Admin- (2) which are designated in lists furnished of the Hawaiian Air istration Section within the Civilian Per- from time to time, torthe Board by the War Depot, the approval of any wage or salary ronnel Dvlsizon, Headquarters, Srvices of Department Agency. The Board may at any schedules resulting from Job reclassifica- Supply (hereinafter referred to as the War time, upon at least seven days' notice to the tions shall not cause an overall Increase Department Agency) authority to rule upon War Department Agency, strike from the list in the Job rates as weighted by the num- all applications for salary adjustments (Inso- any facility if the Board believes that the ber of employees n each Job classiflca- far as approval thereof has been made a policies ot-Executive Order No. 9011, Execu- tion in all the establishments to which function of the Commissioner of Internal tive Order No. 9250, Executive Oider No. 9328, that schedule Is applied, to exceed five Revenue) covering civilian employees within or the Supplementary Directive of May 12, percent. 1943, will be furthered by the Board's acting the continental lmIts of the United States directly upon the wage and salary adjust- (c)Wage rates to be established and Al.ka, employed by the War Depart- ments of such facility. through job classifications for the Ha- ment, the Army Exchange Ssrvice and Gov- (I) Where disputes about wages and cal- w-aiin Air Depot shall be in conformity crnmet owned. privately operated facilities aries arise between the private operators of with the schedules for other War Depart- of the War Dzpartment. FEDERAL REGISTER, Thursday, February 15, 1945

This delegation is subject to the following defined for the purposes of this determi- granted for auxiliary workers in the conditions: nation as follows: 1. The War .Department Agency, without men's hat and cap industry except that making'initial ruling thereon, may refer to (a) The manufacturing, dyeing, or there shall be no limitation on the num- the Commissioner of Internal Revenue- for other finishing of any knitted fabric ber or proportion of auxiliary workers decision any case which in the opinIoft of the made from any yarn or mixture of yams, employed in the uniform cap and agency presents doubtful and disputed ques- and the manufacturing of knitted towels stitched hat branches of the Industry, tions of sufficient importance to warrant and cloths; provided that any auxiliary workers in direct action by the Commissioner. (b) The knitting from yarn or manu- the industry shall be paid not less than 2. The War Department Agency shall facturing from knitted fabric of knitted transmit to the Commissioner of Internal 40 cents an hour or $16 per week of 40 Rcvenuff copies of its rulings and rules of garments, sections of garments, or gar- hours, arrived at either upon a time or procedure as they are issued and such addi- ment accessories except gloves, mittens, piecework basis. tional data and reports as the Commissioner hosiery, belts manufactured from pur- (b) Definition of "auxiliary worklers," may from time to time deem necessary. chased knitted fabric, and any product The term "auxiliary workers" as applied 3. Any ruling by the War Department the manufacture of which is covered by to the employees in the uniform cap and Agency shall be final, subject to the prevailing minmum wage determi- ,stitched hat branches of the industry (a) the Commissioner's ultimate power nation for the suit and coat branch of shall include only those to review employees en- rulings on his own initiative; the uniform and clothing industry gaged In auxiliary occupations enumer- (b) the right of any aggrieved party to (§ 809.994-34) take an appeal to the Commissioner from ated and defined as follows: the ruling of the War Department Agency (c) The manufacturing of underwear (1) Hand clipping. The operation of sepa- within a period of ten days after the date and bathing suits from any woven fabric. rating component parts of the article after of such ruling. An appeal shall be filed with Date effective. -April 20, 1943. they have been sewn. the War Department Agency to be forwarded Wage. Not less than 40 cents an hour or (2) Hand cleaning. The operation of re- to the Commissioner for action. $16.00 for a week of 40 hours, arrived at either moving excess threads from the article or Any ruling by the War Department Agency upon a time or piece-work basis. Learners removing stains or dust. shall be7 deemed to be the act of the Com- may be employed at subminimum rates only (3) Size stamping. The operation of missioner of Internal Revenue, unless and in accordance with the present applicable stamping the head size mark on the article. until reversed or modified by him, and any regulations issued by the Administrator of (4) Floor boys (girls). One who carries such reversal or nilodifcation shall take effect the Wage and Hour Division under Fair Labor items of work to and from the various de- from the date recited in the order of modi- Standards Act, as amended on June 28, 1943, partments. fication or reversal. which were adopted for the purposes of this (5) Examining. The operation of Inspect- 4. Any ruling of the War Department determination. ing the article for imperfections during any Agency under this delegation of authority stage of manufacture, shall be effective from the date of the receipt § 809.944-2 Gloves and mittens in- (6) Sweat band, braid, and strap cutter of the application for salary adjustment and dustry. The gloves and mittens industry and measuring. The operation of measur- in no case should the War Department is defined for the purpose of this deter- Ing and cutting bands, straps and ribbons. Agency Issue a ruling which would have a mination as that industry which manu- (7) Turning. The operation of turning retroactive effect; except, however, in those factures gloves and mittens (except the article inside out or outside In. cases where a salary adjustment was made athletic gloves and (8) Packing. The operation of packing in good faith and consistent with the pro- mittens) from any the finished caps into shipping containers, visions of Executive Order No. 9250, prior to material (other than rubber) or from spraying larvex or moth flakes; if necessary, the date of this letter, retroactive approval any combination of materials (other inserting tissue paper in caps and inserting may be made if the application for approval than rubber) a cardboard ring stiffener to support crown is filed with the War Department Agency on Date effective. January 16, 1943. of cap. or before January 15, 1943. Wage. 40 cents an hour or $16.00 for a (9) Shipping and receiving. The opera- 5. The "Government owned, privately, op- week of 40 hours arrived tion of unloading and checking stock and erated facilities at either upon a of the War Department" time or piece-work basis. Learners may be preparing containers for shipment. which are to be subject to the terms of this employed at subminimum rates only in ac- (10) Waste material sorting, The opera- delegation shall be only those which are tion of separating paper from the rags named cordance with the present applicable regu in lists furnished from time to time lations issued by the Administrator of the whether performed in the cutting room or to the Commissioner of Internal Revenue elsewhere, by the War Department Wage and Hour Division under the Fair Lfabor Agency. The Standards Act, as amended on March 22, (11) Hand stapling. The operation- 1?y Commissioner of Interndl Revenue may at 1943, which were adopted for the purposes hand pressure of a wire stapling machine to any time, upon at least seven days' notice of this determination. join together parts of the article, to attach to the War Department Agency, strike from' labels, bows or cloth to the article or part the list any facility, if the Commissioner of § 809.994-3 Seamless hoszery zndus- of the article, or to join ends of a cardboard Internal Revenue believes that the policies try. Manufacture or furmshing of seam- strip to form a packint ring. of the Executive Order No. 9250, the regula- less hosiery. (12) Drawstring pulling. The operation tions promulgated by the Economin Stabili- of slipping a cord or drawstring through part zation Director and those of the- Commis- Date effective. July 8, 1943. of a cap, hood or helmet. sioner of Internal Revenue require that the Wage. 40 cents per hour or $16.00 per (13),Basting pulling. The week for a week operation of Commissioner of Internal Revenue act of 40 iours, arrived at either pulling out basting threads. di- upon a rectly upon the time.or piece-work basis. Learners (14) Porter. The operation of cleaning wage and salary adjustments may be employed at suh-minimiim rates only of such facility. "- floors or carrying boxes. in accordance with the present applicable (15) Band and braid fitting. The opera- Since the Wage Administration Section in regulations issued by the, Administrator of the Headquarters, Services of Supply, has tion of placing by hand but not sewing on a the the Wage and Hour Dlvlsjon under the Fair cap a prepared technical staff and has made the necessary Labor Standards Act, which band or braid, were adopted (16) Wire stiffener inserting, The opera- preparation to apply the provisions of the for the purposes of this determination. tion of slipping a wire ring Into the cap. Executive Order No. 9250 and the regulations § 809.994-4 Men's hat and cap indus- (17) Hand bucling. The operation of throughout the War Department, it Is be- try. Manufacture or supply of men's slipping a buckle on a strap. lieved that the foregoing delegation of au- hats and caps, (18) Visor inserting. The operation of In- thority will aid in the expeditious handling including men's white sailor and other stitched serting a canvas stiffener into a cloth pocket of the salary adjustment program. cloth hats, before the visor is attached. Very truly yours, men's fur-felt hats, men's uniform caps, (19) Pasting. The operation of attaching Gur T. HELvmu a. and women's hats, men's uniform- caps, a label or ticket to a part of hat with paste or Commiss:oner. and women's hats and caps of similar glue. design and construction. (20) Hand button Inserting. The opera- § 809.994 Mimmum wage determina- Date effective. March 2, 1944. tion of inserting, by harid, into a prepared tions. Sections 809.994--1 to 809.994-44, Wage. 67.5 cents an hour or $27.00 per hole a button and bending over clips to hold Inclusive, contain the-mimum wage week of 40 hours, arrived at either upon a the button in place, or inserting a button time or piece-work with a threaded neck, and screwing a nut On determinations of thb Secretary of Labor basis. neck to hold button firm. under the Walsh-Healey Public Con- (a) Variationfrotm minimum wage de- (21) Hand hole punching. The operation tracts Law. termination. A tolerance of not more of'punching a hole Into material by use of than 20 percent of the employees in any an Ice pick or similar pointed hand Inbtru. § 809.994-1 Knitting, 7cnitwear and one factory, whose ment. woven activities at any given (22) Wire cutting and ring forming. The underwear The knitting, knit- time are subject to the provisions of the wear, and woven underwear operation of cutting a wire to length and Industry is WaIsh-Healey Ppblla Contracts Act is joining the ends to form a stiffener ring. FEDERAL REGISTER, Thursday, February 15, 1915 18S9

(23) Hand eyeletting. The operation by Wage. 60 cents per hour or 020.00 par rubber or composition of rubber, molded hand pressure of a machine to attach an eye- week for a 40-hour week rrlved at either to shape: let to the article. upon a time or piece work basis. Learners (24) Hand snap fastening. The operation and apprentices may be employed at sub- Cutzole3 Shanks by hand pressure of a machine to attach a minimum rates In accordance with the pre3- ildsoles Bzxtoss snap fastener to the article. ent applicable regulations isued by the Ad- Inole3 Counters ministrator of the Wage and Hour DlvisLon Tapz Stays § 809.994-5 R a zn w e a r industry. under the Fair Labor Standards Act which Lfts Stripping Manufacture or supply of men's rain- were adopted for the purposes of this deter- Rand Soch linings coats, including vulcanized and rubber- mination. Toplifti Heel pads ized raincoats and raincoats made from Establishments manufacturing products as Bases material known under the registered defined in this industry rholl te granted a (e) The manufacture of heels of any trademark of "Cravenette" or from fabric tolerance for persons actually employed as boxers and trimmers: Prorldc, That uch material except molded rubber, but not chemically or otherwise treated so as to including the manufacture of wood-heel render it water-resistant, of oiled water- boxers and trimmers be paid not less than 40 cents per hour or 016.00 per weak for a 40- blocks. proof cotton outer garments, and of other hour week and not lezs than the piece rate3 (f) The manufacture of cut upper types of rainwear. paid to all other workers In the Lame occupa- parts for footwear, including linings, Date effective. December 4, 1942, except tional classification. vamps and quarters. that learners may be employed at submint- § 809.994-8 Dimension granite in- (g) The manufacture of pasted shoe mum rates, in accordance with the present stock. applicable regulations of the Administrator dustry. Including monumental stone, of the Wage and Hour Division, on or after building stone, paving blocks, curbing, (h) The manufacture of boot and shoe December 4, 1942, in the performance of con- riprap, and rubble, l'ut not crushed stone. patterns. tracts, bids for which were solicited or nego- Date effective. January 15, 1938. Date effective. July 11, 1942. tiations otherwise commenced by the con- Wage. In Maine, New Hampshire, Vermont, Wagc. 40 cents an hour or $16.60 for a tracting agencyprior to that date. Massachusetts, Rhode Island, Connecticut, wcel uf 40 houra, arrived at on a time or piece Wage. 40 cents an hour or $16 per week and New York-57.5 cents per hour or *23.03 work b-is. of 40 hours, arrived at either upon a time or per week based on a 40-hour week, arrived at Lmners. handicapped workers, and ap- piecework basis. Learners may be employed either on a time or piece r.ork bis . prentices may be employed In accordance -at subminimum rates only in accordance with With the following xegulatlons under the the present applicable regulations issued by In North Carolina, Virginia, South Caro- lina, Georgia, Fair abor Standards Act of 1938, which are the Administrator of the Wage and Hour Florida, Alabama, Tenne=ee, hereby adopted for the purpose of this wage Division under the Fair Labor Standards Act Kentucky, MisslesIppI. Louisiana, Arkn as, determination: Regulationz Applicable to the of 1938, as amended on June 28, 1943, which and Texas-40 cents per hour or 016.60 per Employment of Lmrners (29 CFR, Cum- were adopted for the purposes of this deter- week based on a 40-hour week, arrlved at Supp, Part 82); Regulations Applicable mination. either on a time or piece work basis. Effec- to tive July 8, 1944. the Employment of Handicapped Perons (23 § 809.994-6 Cotton garment- and al- CFR, Cum. Supp., Part 524); Regulations Ap- In Pennsylvania, New Jcrsey, D2laware, plicable to the Employment of Apprentices lied industries. The cotton garment and Maryland, District of Columbia, West Vir- (23 CM, Cmn. Supp. Part 521); and the allied industries shall be understood to ginia, Ohio, Indiana. Illinois, Michigan, Wls- ReWgulations Applicable Iowa, Missourl, Oklahoma, to the Employment be that industry wiuch manufactures or consin, Minnesota, of Handicapped Clients In Sheltered Work- furnishes any of the following com- Ransas, Nebraskm, South Dakota, North shops (23 Dakota, Montana, Idaho, Wyoming, CFR, Cum. Supp., Part 525). modities: Colorado, Nothing In New Mexico, Arizona, Utah, Nevada, Calf- this determination shall be Trousers, knickers, Interpreted as abrogating any obligation that work pants, and fornia, Oregon and Washington--42.5 cents may have been Incurred under the previous breeches (except when made wholly of wool per hour or 017.00 per week based on a 40- determination for the and uniform trousers and breeches made hour week, arrived at either on a time or piece men's welt shoe Indus- wholly or partially of wool) dress or work work basis. try. shirts and nightwear of any material except Monumental stone, building stone, paving § 809.994-10 Handkerchzef industry. knit fabric; overalls, overall jackets, and blocks, curbing, riprap, and rubble, cpecf- The handkerchief industry, for the pur- one-piece overall suits; .work coats and work cally made subject to the minimum wage jackets pose of this determination, is defined as (except wool and wool-lined, and determination for the dimension granite in- follows: The leather and sheep-lined); washable service dustry, are exclusively products of granite manufacture of men's, apparel (hospital, professional, etc,- other quarries, and such stones when the products women's and children's handkercnef, cotton outerwear of any material except knlt of other quarries are not subject to the plain or ornamented, from any material. fabric; barrack bags; bandoleers; ammunition minimum wage determination for the Date effective. July 8, 1943. and cartridge belts made of textiles; canvas dimension granite Industry. Wagle. 40 cents par hour or $16.00 per leggins; cot covers; fabrics pouches and car- weerk of 40 hour, arrived at either rlers for first § 809.994-9 Slwoc manufacturing and upon a aid equipment, such as: kit time or piece-work basis. Learners may be cantle ring straps, kit inserts, kit laces, kit alliedindustries. The term "shoe manu- employed at ubniinmum rates in accord- pouches and kit suspenders; mattress covers; facturing and allied Industries" means: once with the present applicable reguIa- mosquito bars; and wardrobe bags with tions Issued by the Administrator of the draw-strings, made of textiles. (a) The manufacture or partial manu- facture of footwear Wage and Hour Divlslon under the Fair Date effective. July 20, 1942. from any material Labor Standards Wage. 40 Act of 1938 which were cents per hour or $16.00 per week and by any process except knitting, vul- adopted for the purposes of this de-termina- of 40 hours, arrived at either upon a time or canizing of the entire article or vulcan- tn. piece work basis. mn (as distinct from cementing) of the Learners may be employed at subminimun § 809.994-11 Envelope industry. En- rates only in accordance with the present ap- sole to the upper. velopes. plicable regulations issued by the Aln s- (b) The manufacture or partial manu- trator of the Wage and Hour Division under facture of the following types of foot- Date'effectIre. My 12. 1933. the Fair Labor Standards Act; as amended on Wegc. 42.5 cents per hour or $17.60 per wear, subject to the limitations of para- week fcL a week of 40 hours, to be arrived June 28, 1943, which were adopted for the graph (a) but without prejudice to the at either upon a time or piece work basis. purposes of this determination. generality of that paragraph: § 809.994-7 § 809.994-12 Vitreous or vitrfied Men's neckwear industry. Athletic shoes Puttees, except spiral china Manufacture and supply of industry. Vitreous or vitrified men's neck- Boots putteCe china, excluding semivitreous wear (exclusive of knitted neckwear) Boot tops Sandals or semi- Burial shoes vitrified china. and of women's ties of design and con- Shoes completely re- Custom made boots built in a shoe struction similar to such men's neckwear. Date effectire. May 19. 1938. or shoes factory Wage. 42.75 cents per hour or $17.10 per Date effectiie. July 8, 1943, except that Mocassins Slippero week for a w.eek of 40 hours, to be arrived at learners and apprentices may be employed at (c) The manufacture from leather or either upon a time or piece work basis. The subminimum rates in accordance with tle Adminrstrator for the Public Contracts DI- -present applicable regulations of the Admin- from any shoe-upper material of all cut violn, Department of abor, advises the istrator of the Wage and Hour Division, on stock and findings for footwear, includ- above applies only to "tablevae, kitchen- or after July 8, 1943, in the performance of ing bows, ornaments, and trimmings. ware, dinnerware, and kindred lines, and contracts bids for which were solicited or (d) The manufacture of the following not to plumb=r' and sanitary supples." negotiations otherwise commenced by the types of cut stock and findings for foot- § 809.994-13 Leather leather trzm- contracting agency prior to that date. wear from any material except from ined, and she p-lined garments indus- 1890 FEDERAL REGISTER, Thursday, February 15, 1945 try. All leather, leather .trimmed, and the present applicable Tegulations issued by Mounts: Manifolds: sheep-lined garments for men, women, the AdministratOr of the Wage and Hour 'Camera, e n g I n e, Intake, exhaust or children. Division under the Fair Labor Standards and generator Oil coolers Act, whicr were adopted for the purposes Oleo packing Oil separatora Date effective. September 19, 1941. of this determination. Operating cylinders Pipes Wage. 42.5 cents per hour or $17.00 per Panels, wing Pistons week of 40 hours, arrived at either upon a §809.994-16 Fzreworks industrv. Pedals Plates time or piece rate basis. Commercial fireworks, fusees, flares, and Pins, fitting Priming equipment NoTE: The Administrator -of Public Con- .rAilroad torpedoes. Posts Pumps: tracts, Department of Labor,'n'letter dated Date effective. September 8, 1944. Pulleys Air, fuel, oil, January 6, 1942, states that is has been de- Wage. 40 cents an hour or $16.00 per R e c o I dampeners, vacuum termined that sheep-lined aviation helmets week for a week of 40 hours; arrived at either gun Radiators and leather aviation helmets come within upon a time or piece work basis. -Reservoirs Rockers the purview of the above determination. Retracting cylinders Rods § 809.994-17 Wool carpet and rug in- Rudders Seats, valve § 809.994-14 Flint glast industry. dustry. Wool carpets and rugs (exclu- Seats, pilot Shafts The flint glass industry produces such sive of rag rugs) Slekles Slingers types of glassware as illuminating, table Shock struts and Spacers glassware, all thin blown glass, thermos Date effective. October 15, 1938. cords Spark plugs Wage. 40 cents an hour or $16.00 per Solenoids Starters bottles, chemical and laborAtory ware, week of 40 hours, to be arrived at either Spars Strainers perfumery ware, stoppers and bottles, upon a time-or piece work basis. Sponsons Studs and the like, which character of glass- § 809.994-18 Tag industry- Stabilizers Sumps ware is produced by the pressed, pressed Tags. Struts, shock (oleo) Superchargers and blown, off hand and blown method, Date effective. September 23, 1941. and parts Tappets cutting and polishing; in fact, all types Wage. 40 cents an hour or $16.00 per week Supports Tempprature regu- of glassware other than window, plate, of 40 hours, arrived at either upon a time Switches: lating equipment or piece work basis. Electrical, Tubes and rolled glass, common bottles, con- gun control Valves: engine, gaso- tainers, and prescription glassware. § 809.994-19 Aircraft .manuf(icturzng Swivels line (pilot oper- Date effective. July 12, 1938. industry. (a) The following illustrative Tabs ated, manual con- Wage. 42.5 cents an hour or $17.00 per list of commodities, their parts and ac- Tail skids trol, syphon) cessories week for a week of 40 hours, arrived at either is understood to be within the Tall- surfaces Propeller parts upon a time or piece work basis. scope of the aircraft manpfacturing in- Tail wheel assem- dustry wage determination (included blies Barrels NoTE:- The Department of Labor has .ad- Tail wheel caster Blades vised that this wage determination is intend- are not only those products which were knuckles Brackets ed to cover all types of glassware other than originally construed to be within this Tanks window, plate and rolled glass, common bot- Brakes tles, containers, and prescription glassware. industry; but also those products which Thimbles Bushings Among the items particularly included under have since been included by interpreta- Tie rods Cams this intended coverage are fiberglass and tion. This list is-subject to revision as Tips, wing Cqllars fiberglass protalits. Tow target releases Controls additional interpretation of products is and drags Counterweights § 809.994-15 Luggage, leather goods, made) Trigger motors Cylinders Turnbuckles Domes belts, and women's handbag -ndustry. Airplanes Cowlings The luggage, leather goods, belts, -and Engines, aircraft- Turret ammunition Gears De-icer equipment boxes and women's handbag industry is defined for- type (exc ept rubber) mount Governors Gliders for propeller, assemblies Housings the purpose of this determination as fol- Turrets Hubs lows: Propellers, air- windshield an d carburetor Valves Pistons (a) The manufacture from any mate- craft and parts and Vents, Spiders rial of luggage accessories, s u-c h venturl: Pump, oil Wings Spinners including, but not by way as- supply tank, con- of limitation, trunks, suitcases, traveling trol and distrib- Engine parts ana Specisal ed servicing bags, brief cases, sample cases; the man- Airplane spare parts and accessories uting valve accessories equipment ufacture of instrument cases covered Domes plexiglas nav- with leather, imitation leather, or fabric Accumulators, land- Igating Adapters Airplane moor. including, but not by way of limitation, ing gear Elbows -Arms Ing, kits Adapter assembly for Elevators Baffles Cable testing ma- portable radio cases; the manufacture of Bushings chines small leather goods and like articles from oxygen masks -Fairings Adapters and plung- Ferrules Cages Chock assemblies any material except metal;. the manu- erS Fins Cams Clubs, test facture of women's, misses' and chil- Ailerons Fittings, structural Carburetor manifold 0r a dI e assemblies dren's handbags, pocketbooks, purses, Ammunition rounds Fixtures: master and jackets for aervicing air- and mesh bags from any material ex- counters and con- &rticulated Carburetors craft parts cept metal; but not the manufacture of tractors rod bearing and Combination 'Worl. Closures stand-ladder as- bodies, panels, and frames from metal, Axles bushing Collector rings Flaps, wing semblies wood, fiber, or paper board for any of the Beaching gear Control systems above articles. Bomb bay tanks Flare racks Dollies Bomb hoists Floats Counterweights Energizer assemblies (b) The manufacture from leather, Generators Covers, metal imitation leather, Boib rack assera- Engine heaters or fabric of cut stock blies Hinges Crankcases External power Units and parts for any of the articles cbvered Bomb shackles Hoisting slings Crankshafts for hand inertia in paragraph (a) of this section. Booster coils Hooks, arresting Cylinder barrels starters (c) The manufacture of men's, boys', Brackets Hose assemblies Cylinder heads Pump testing units women's, misses' and children's sepa- Brake hose and hose Housings Dowels fittings- Hulls, seaplane Spe ial testing rate belts from leather, imttatfon leather, Drives equipment for air- Cabin center panel Hydraulic pressure Filtdrs: or other material or fabric. for Windshield regulators craft, engine, and Date effective. April 20, 1943. Cable terminals Hydraulic windshield Air, gasoline propeller parts and 'Wage. Not less than 40 cents an hour or Cables, motor trigger wipers Fuel Injection sys- accessories $16.00 per week of- 40 hours, arrived at either Clevises Jumpers, bonding tenis Special tools and upon a-time or piece work basis. Appren- Clips Landing gear: Gear boxes stand assemblies tices may be employed at subminimum rates Conduit and pipe fit- Brakes Glands for' the assembly, in aecordance with the present applicable Oleo struts: Guides regulations issued by the Administrator of tings disassembly, and Control assemblies Skiis Heating systems the Wage and Hour Division under the Fair Tires" repair of aircraft for bomb release Housings Labor Standards Act, which were aaopted Wheels Ignition harness and the engines, for the purposes of this .determination. _interval Levers Impellers, sup e r- propellers, parts, Learners may be employed at subminimum Control equipment Locks, oleo leg charger a n d accessories rates in the performance of contracts or for turrets Mount assembliest Intercoolers therefor the manufacture or furnishing of articles Controls, air brake Gun, ammunition Jets Tables, propeller covered by paragraph (c) In accordance with Couplings liox Magnetos aligning FEDERAL REGISTER, Thursday, February 15, 1,65 1S91

(b) Specifically excluded from the Wire nails and staples. twisted barbless wire, defined to be that industry whose prod- barbed wire, twisted wire fence stays and ucts include: scope of the industry are: wire fencing (except chain-lin!: fencing). Fabricated textile products: Fabric covers Wire rods. Metal cMc2 furniture: Vertical fling cabl- (including engine-warming covers); para- Wire--spring. nets; horizontal sections and half sections, chutes; safety belts; tow targets; -wind socks. Wire-telephone. and boookcases; h-line and bookshelf units; Pyrotechnics: Engine starter cartridges; dess, tables; chairs; storage cabinets; and Date effectre.-Note. This determina- wardrobes. flares, signals. effective March 1. 1939, and radio equipment: Batteries; tion was originally Metal hospital furniture. Electrical but Its operation was subsequently u- houehold furniture. electric wire and cable; intercommunication Metal lights; pended due to court proceedings. Its op- Stedl rhelving: Industrial and gnernl pur- equipment; landing and navigation effective My 27, radios; radio compasses. eration was again resumed pase zteel chelving. mI:cellan.ous fittings, lighting systems; 1940. and acessories. Rubber products: Rubber de-icing equip- attachmentz, life Wage. Whether arrived at on a time or Steal lo ers: Box locker; single-tier lockers; ment; flotation gear; life preservers; piece work basis, 45 cents per hour In the lo- and com- rafts; bonded rubber mountings; vibration double-tier lcckers; two-perzon cality consisting of the States of Louisiana. partment lockers; miscellaneous fittings as dampers; rubber utilities; tires and tubes. South clubs, gymnasiums, com- products and machinery* Arkansas, MIsissilppl. North Carolina, ussd In schools, Machine shop Texas, Ala- and industrial establlshments. Bearings; bolts, nuts, rivets, screws, and Carolina. Florida, Oklahoma, mrerclal, re- bama, Tennessee, Georgia, Virginia, and VLsble filling equipment: Cabinets; panels. wsaers; gas refueling systems (including Han- fueling pumps); gears and sprockets; piston West Virginia (except the counties of Date effeetire. May 13, 1939. rings; springs; wire rope. cock, Brooke, Ohio, Harrilon, Monongalla, Wage. 45 cents an hour or 018.00 per week Miscellaneous products: Cameras; fire ex- and Marshall); of 40 hours. arrived at either upon a time or tinguishers; first aid equipment; gaskets; in- 60 cents per hour in the locality consisting piece rate b-asi. struments; lavatory equipment; lighter-than- of the States of Washington. Oregon. Cali- air craft. fornia. Montana. Idaho, Nevada. Wyoming. (2) Extension of mintmum wage de- Date effective. May 7, 1942. New Mexico, Utah, Colorado, and Arizona; termination. Metal furniture branch. Wage. 50 cents an hour or $20.00 for a 581 cents per hour In the Iocality con- sisting of the States of North Dakota, South Date effectire. July 28, 1941. Aveek of 40 hours, arrived at on a time or Wage. That the minimum wage deter- piece-work basis. Dakota, Nebraska, Kansas, Minnesota, Ioa, and about East mination for the metal furniture branch of Missouri. and the area in the furniture industry Is extended to the § 809.994-20 Bobbznet zndustry (See Saint Louis, Illinois; manufacture of metal cabinets for prlnters' § 809.994-21 (Textile industry).) 621S cents per hour in the locality consist- (ex- type; metal cabinet partitions; metal tool Ing of the States of Wi consin. Illinois tool chests; metal § 809.994-21 Iron. and steel industry. in and about Fast Saint Louls, boes., tool cabinet, and cept the area trunks, botx type; metal rotating bins; metal This determination covers only pig iron, Illinois). Michigan, Indiana, Ohio, Pennsyl- rectlonal bins: and metal work benches, iron or steel ingots, and rolled or drawn vania, Delaware, Maryland, Kentucky, New dc:ksm, and tables. iron or steel products. as hereinafter Jersey, New York. Connecticut, Rhode Island, stated, and such fabricated iron or steel Massachusetts, Vermont, New Hnp:hire, (3) Steel fabric springs. It has been of West as are specifically named but Maine, and that portion of the State determined that the manufacture of products Virginia comprised within the countigs of does not include any unspecified coated, steel fabric springs for metal folding cots, Hancock. Brooke. Ohio. Marsha, Harrison. when to be supplied on government con- insulated, forged, or cast items. The and Monongalia, and the District of definition as formulated below describes Columbia. tracts subject to the Public Contracts Act, Is covered by the metal furniture the products of the iron and steel indus- be em- try and the provisions thereof do not ap- Provided, That apprentices may branch of the furniture manufactunn in open hearth and ployed at lower rates if thelt employ- industry minimum wage determination ply to any production the standards of the electric furnaces other than that specifi- ment conforms to (Cir. Let. No. 4-44, 25 March 144, Dept. - cally enumerated. Federal Committee on Apprenticeship. of Labor) The iron and steel industry is defined This wage determination has hereto- (b) Public seating branch. The public to mean and include the business of pro- fore been interpreted to cover the fol- seating branch of the furniture manu- ducmg and selling all or any one or more lowing: facturing industry is defined to be that of the following products: Plate, armor; industry which fabricates, assembles, Strips, galvaiilzcd; and installs (by those who fabricate or Axles-rolled or forged. Sheets, galvanized; or Bale ties--single loop. assemble) public seating (upholstered Plates, galvanized; unupholstered), fabricated or assembled Bars--alloy steel, hot rolled. galvanized; Bars---cold finished, carbon and alloy. Shapes, structural, of wood, plywood, iron, steel, non-ferrous Bars-concrete reinforcing, straight lengths. and to exclude the following: ipet ls or any combinations of these ma- Bars-ingots, blooms and billets-I'on. terials, and consisting of the following: Bars-merchant steel. Wire, telephone, insulated; Rods, welding, coated. (1) Fixed or connected seating for such Bars-tool steel. public placa3 as theatera, auditoriums, Ferro-manganese and spiegeleisen. § 809.994-22 Tobacco industry. The lodges, a-embly hall, shoe stores, rinks, Girder rails and splice bars therefor. for the purposes of this ball park., race tracks, stadia, and other Ingots, blooms, billets and slabs-alloy. tobacco industry, determination, is defined to include the similar buildings and structures; Ingots, blooms, billets and slabs--carbon. chancel, choir stalls, and re- Light rails-60 pounds or less per yard, and manufacture of cigarettes, of chewing (2) Pawing. of snuff, but lated furniture and accessorles for ecclesi- splice bars and angle bars therefor. and smoking tobaccos, and astical purposca, seats and benches for court Standard tee rails of more than 60 pounds to exclude the manufacture of cigars. houses, hospitals, public waiting rooms, and per yard, and angle bars and rail joints for other cibiilar publIc.purpo-s.-; therefor, or any of such products. Date effectire. Dcember 4, 1942. Wage. 40 cents an hour, or 010 per week of (3) PupIls" dcszs, pupils' tables, puals Mechanical tubing. 40 hours, arrived at either upon a time or chairs, and school furniture for all educea- Pig iron-foundry, high silicon silvery, mal- purposes; leable, open hearth basic, Bessemer, and piecework basis. Learners may be employed tional at sub-minimum rate3 in accordance with (4) Portable chairs with folding seats in high silicon Bessemer. single multiple units; Pig iron-low phosphorus. the present applicable rcgulations is-ued by both and the Administrator of the Wage and Hour Di- (5) Portable folding resting in single units Pipe-standard, line pipe, and oil country for other than household use. tubular products. vision under the Fair Labor Standards Act of Plates. 1938 which were adopted by the Secretary of Provided, That the following are spe- Posts-fence and sign. Labor for the purposes of this determination. cifically not included: Tablet armchairs Railroad tte plates. § 809.994-23 Furnitureindustry. This and school chairs fabricated and/or as- Railroad track spikes. Sheet bars. determination applies to all contracts sembled exclusively of wood. Sheets. subject to the basic law, for any of the Date cffectir. Au-ust 15, 1942. Skelp. commodities Included In the determina- Wage. 19 cents an hour, or $16.0 for a Steel sheet piling. tion under th, wood furniture branch, wek of 40 hours arrived at either on a time Strip steel-cold rolled. - or piece work ba-ss. Strip steel-hot -olled. the public seating branch, and the metal Structural shapes. furniture branch of the furniture manu- (c) Wod furniture branch. The wood Tube rounds. facturing industry. furniture branch of the furniture manu- Tubes-boiler. (a) Metal furniture branch-(a) Dell- facturing industry is defined to mean Wheels-car, rolled steel. uphol- Wire-drawn. nition. The metal furniture branch of the manufacturlng, assembling, Wire hoops-twisted or welded. the furniture manufacturing industry is stering, and finlthing, frcm wood, rEZd, 1892 FEDERAL REGISTER, 'Thursday, February 15, 1945 rattan, willow, and fiber, of upholstered Flashlight apparatus, photographic (except (a) Autographic and/or credit reg- and other household, office, lawn, camp, lamps). isters and/or supplies thereof, such as porch, and juvenile and toy furniture, in- Frames, printing, photographic. are used in making handwritten records cluding but Holders, plate, photographic. without limitation porcelain Machines: blueprint coating and reproduc- of various transactions. top breakfast furniture and radio, pho- tion, photocopying, photographic, photo- (1) Autographic registers may be fur- nograph arid sewing machine cases and stat. ther described as a machine or device cabinets; the manufacturing and assem- Projectors and their accessories and parts for storing, alining, registering, and issu- bling from wood, of furniture parts for (except lamps). ing copies of hand written records, the above, separately set up or knocked Screens, photographic or X-ray- intensify- (i) The accounting -forms Are usually down including but without limitation ing, projection. folded in zigzag style, although some roll parlor furniture frames and chairs in the Sensitized supplies, photographic: cloths,- stationery Is used. Such accounting white. This films, papers, plates, slides. definition does not include Tripods, photographic. forms are usually printed with the name the manufacture of any product covered Vectograph. and business of the user, but stock by the prevailing minimum wage deter- printed forms.and plain stationery may mination for the public seating branch (b) Specifically excluded from the ,,be used. One or multiple copies of sta- of the furniture manufacturing industry. scope of this industry are: Blueprint, tionery may be used. Some roll and f6ld- The manufacturing of any products brownprint; black-line, and blackprint er stationery is provided with edge per- covered under this definition is deemed paper and cloth; photoengraving equip- fortions which engage pin sprockets to begin following the delivery of the ment; built-In photographic laboratory for registration of forms, wood from the kiln or from the air- fixtures; camera mounts; dropknife type (ii) The one or several carbon copies dried dimension shed. print trimmers; cameras, projectors, and required may be arranged on rolls at Date effective. August 15,1942. photographic accessories and parts of the right angles to rolls of stationery or such Wage. 40 cents an hour, or $16.00 for a 35 mm. size or larger (motion picture) carbon sets may be interleaved with the week of 40 hours, arrived at either on a time photographic chemicals; and lamps. forms and may cover the entire area or or piece work basis for the District of Colum- Date effective. August 14, 1939. only a part of such forms. bia, and all States other than California, Wage. 40 cents an houf of $16.00 per week (iii) Registers may be equipped to re- Washington, and Oregon; and 50 cents an of 40 hours, arrived at either upon a time or tam one or more copies of the transac- hour, or $20.OO for a week of 40 hours, ar- piece work basit. Learners may be employed rlved at either on a time or piece work basis, tion in a lock compartment and to issue at lower rates for a period of not-to exceed the remaining copies. for the States of California, Washington, and 60 days If the total number of such workers Registers may be Oregon: in any one establishment does not exceed 5 supplied with a cash drawer, which Is opened only by an operation which § 809.994-24 Drug and medicine per cent of the workers on the payroll, and de- in- if such learners are paid not less than 80 per livers a serially numbered form into a dustry. Manufacture or packaging of or locked compartment. *any cent of the minimum wage as determined, one or more of the following 32 cents an hour or $12.80 per week of 40 (2) Credit registers may be further products: hours, arrived at either upon a time or piece described as a cabinet or device for re- (a) Drugs or medicinal preparations (other work basis. taining In orderly arrangement sales than food) intended for internal or external § 809.994-26 lueprint paper coating tickets representing charge and other use in the diagnosis, treatment, or preven- transactions. tion industry. The blueprint paper coating of disease in, or to affect the structure (I) Such credit registers or any function of, the body of man or other industry includes the manufacture or usually con- animals; supply of blueprint, brownprint, black- tain a set of vertical-hinged leaves, each (b) Dentifrices, cosmetics, perfume, or print, blackline, and other similarly leaf containing several numbered other preparations designed or Intended for sensitized papers and cloths. springs, the numbers corresponding with external application to the person or the Dataeffective. October 11, 1940. customers' names written on an index, purpose of cleansing, improving the appear- (ii) Such registers usually contain a ance Wage. The.prevailing minimum wage de- of, or refreshing the person. termination for the photographic supplies storage and cash drawer and are some- The foregoing shall iot be deemed to industry, set forth in § 809.994-25, has been times supplied in combination with add- include the manufacture or packaging of extended to Include shaving cream, the blueprint paper coat- ing machines. shampoo, essential (cola- ing industry. (b) Continfious form stationery, Allowances or tolerances. None. tile) oils, glycerine, and soap, or in the which is described as multiple sets of milling or packaging without further § 809.994-27. Soap industry. Soap in "business forms" with or without car- processing of crude botamcal drugs, bars, cakes, chips, and flakes, and In bons, attached and/or folded, for use in billing machines, typewriters, and other Date effective. September 19, 1941. granulated, powdered, paste, and liquid office Wage. 40 cents per hour or $16.00 per week forms, and glycerine; cleansers contain- equipment. For example, con- of 40 hours, arrived at either upon a time Ing soap, scouring powders, and shaving tinuous form stationery may be rolled or piece rate basis, soaps, and creams containing soap, and or "fan folded" and may provide any washing compounds containing soap. number of copies up to the limit which industry (e9c99P di25 ogr tio sui Date effective. August 14, 1939. will take a carbon impression. This industry (excluding motion icture Wage. 40 cents an hour or $16.00 per week type of stationery is usually printed ac- equipment of 35 mm. or over) (a) The of 40 hours, arrived at either upon a time pr cording to specifications. They may be following illustrative list of commodities piece work basis. coated with carl~on on'the back or inter- is understood to be within the scope. of § 809.994-28 Fertilizer industry. Su- leaved with carbon sheets, the photographic supplies industry wage perphosphates, concentrated superphos- (c) Sales and manifold books, which determination (included are not only phates, and concentrated fertilizer from are described as bound books of mul- those products which were tiple sets of forms for making original, originally superphosphates, potash, and ammoni- handwritten construed to be within this industry, but ates. records of sales and/or also those products other transactions. For example, sales which 4ave since Date effective. July8,1944. books are bound books of sales checks or been included by interpretation. This Wage. 40 cents per hour or $16.00 per tickets arranged in sets, usually either list is subject to revision as additional week of 40 hours, Arrived at either upon'a carbon coated on tho- back or arranged interpretation of products is made) time or piece-work basis in all States and to fold or lay one or mere carbon the District of Columbia other than New sheets Accessories and parts, photographic: bel- Mexico, Colorado,'Wyoming, Montana, Idaho, between each two copies of a set. lows, cable releases, cones, film rewinders, Utah, Arizona, Nevada, California, Oregon, Translucent sheets are occasionally filters, lenses, magazines, reels, shades, and Washingtqn, n which eleven States the combined with carbon paper coated on shutters, splicers, spools, synchronizers, prevailing minimum wage shall continue both Cameras. sides to reduce the number of car- to be 50 cents an hour or $20.00 per week. bon sheets. -Covers may be arranged to Developing and printing equipment (except of 40 hours arrived at either upon a time or fold in for the purpose of providing a -photographic chemicals) contract print- piece-work basis, in accordance with the better writing ers, driers, dry-mounting presses, enlarg- determination of August 15, 1939. surface and may be ruled ers, hangers, racks, stands, straighteners, § 809.994-29 "Specalty accounting" for tabulating sales. Sales books may or tanks, washers, wringers. may not be printed. Films, sensitized or unsensitized: photo- supply manufacturing industry. The Date effective. November 1, 1039. graphic, X-ray. commodities covered by this determina- Finders, photographic: view, range; tion are as followst Wage. 40 cents per hour or $10.00 per week of 40 hours, arrived at either upon a FEDERAL REGISTER, Thursday, February 15, 195 1SM3 time or piece work basis. Apprentices may termined: Provided, Their employment con- land cement, such as portland masonry be employed at lower rates If the!r employ- forms to the standards of the Federal Com- cement and portland puzzolan cement. ment conforms with the standards of the mittee on Apprenticeship. Federal Committee on Apprenticeship. Date effectfre. 21arch 2, 1940. (C) Blasting caps. Wagc. Within the States of Pennsylvania, § 809.994-30 Small arms ammunition, Blasting caps New- York, New Jerey, LMaryland, West Vir- exploszves, and related products zndus- Detonating caps ginla, Ohio, Delaware. 711-achuzatts, Con- try. The following illustrative lists of necticut. Rhodie I-land, Vermont, N : Date effective. September 10, 1940. Hampzhlre, and the District of Columbia, commodities are understood to be within Wage. 47.5 cents per hour or 019.00 per 57 cents an hour or 022.0 par reek of 40 the scope of the small arms ammunition, week of 40 bours, arrived at either upon a hours. explosives, and related products industry time or piece rate basis. Apprentices may ho 'Within the States of Maine, Michtsan. wage determination (included are not employed at lower rates.than herein deter- Indiana. Kentucky. South Dakota. North Da- only those products 'which were origi- mined: Provided, Their employment con- kota, Nebracla. and I'araas, Z0 cents an nally construed to be within this in- forms to the standards of the Federal Com- hour or 020.02 p:r wes of 40 hours. dustry, but also 'those products which mittee on Apprenticeship. Within the State of Illinols, 63?j cents an have since been included by mterpreta- hour or C25.40 per week of 40 hours. § 809.994-31 Paper and pulp indus- Within the States of WLconsin. Minnesota, tion. This list is subject to revision as try. Pulp and other fiber and the pri- Iowa. 71Lzourl, Colorado, Wyoming, Utah, additional interpretation of products is mary conversion of pulp and other fiber Mfontanoa. Idaho. Oregon, Nevada, Arizona. made) into paper and paperboard, and In addi- and New Mexico, 55 cents an hour or *22.50 (a) Small arms ammunition. tion, the manufacture and conversion of per wcek of 40 hours. primary paper into toilet paper and paper Within the State of Wahington, 70 cents Without reference to size- an hour or 023.00 per week of 40 hours. Cartridges: blank towels, coated book paper, and pAper Within the State of Califrnla, 623, cents Engine starter shipping sacks. an hour or 623.0 par week of 40 hours. Howitzer igniting Date effective. Determined to be October Within the States of Oklahoma and Texas, Mortar igniting 15, 1939. 47 cents an hour or 618.0 par week of 40 Target rocket igniting Wage. For the States of Washlngton, Ore- hours. Primers, saluting gon, and California, 50 cents an hour or Within the States of Arkar.as. Lculsiana, Shot shells -(empty or loaded) $20.00 per week of 40 hours, arrived at Alabama, Tenneezze, Virginia. Georgia, Flat- Riot gun either upon a time or piece-work bali. Ida. =L-steippi, North Carolina, and South Shotgun For all other States and the District of Carolina. 40 cents an hour or 816.00 per Not over .50 caliber- Columbia, 40 cents per hour or 016.00 par weak of 40 hours. Bullets week of 40 hours, arrived at either upon a Cartridges: machine gun- time or piece-work basis. Effective July 8, § 09.994-33 Structural clay products Pistol 1944. industry. Common brick, face brick, Revolver (including glazed and enameled bnckT), Rifle The following explanation of this de- salt glazed brick, manhole brick, struc- Submachine gun termination has been received from the tural clay tile (including glazed tile) Cases, cartridge, empty Public Contracts Division, Department of Cores, bullet unglazed face tile, paving brick, and Labor: clay or shale granules. and the primers, shot, and wads used in Except for those products listed in the de- connection with any of the products included Date effective. July 8, 1944 termination as mnufactured or converted Wage. 40 cents per hour or 016.03 par In either of the above groups. from primary paper, this determination is Date effective September 16, 1940. week of 40 hours arrived at either upon a limited in application to paper and paper- time or plece-work basis. Wage. 42.5 cents an hour or $17.00 per board manufactured from pulp and other week of 40 hours, arrived at either upon a fiber, and to pulp and other fiber of the char- § 803.994-34 Uniform and clothzng -time or piece rate basis. Apprentices may acter used in manufacturing paper and pa- be employed at lower rates than herein de-. industry-a) Suit and coat branch. perboard. The majority of paper and paper- The suit and coat branch of the uniform termined: Provided, Their employment con- board Items purchaccd by the Government forms to the standards of the Federal Com- that are subject to this wage determination and clothing Industry is defined to be mittee on Apprenticeship. are classified and listed as followz: that industry which manufactures men's (b) Exploswes. (a) Book paper, writing papr, and corer civilian suit and overcoats, tailored-tc- paper. (1) Book paper includes antique-fin- measure uniforms Including the pants, Ammonium picrate Ish, book end, coated book, half-tone, litho- uniform overcoats, and uniform coats. Dinitroglycol graph, machine-finished sized and supercal- Epre sly excluded from this definition Dynamite: ammonia, ammonia gelatine, endered, and offset papers. are ehirts, 7nle pants regardless of ma- blasting gelatine, gelatine, nitroglycerine, (2) Cover paper includes laid cover and low freezing manchine-finisled cover papers. terial, outdoor Jackets, leather and Fulminate of mercury (3) Writing paper includes bond, dupli- sheep-lined Jackets, work clothing, and. Gelignite cate check copies, index, internal revenue, washable service apparel. Gun cotton (dry nitrocellulose) ledger, manifold (including glazed), map, Date effectire. February 25, 1941. Lead azide mimeo.raph, parchment ded, vellum fininh, Wage. C3 cents an hour or 824.0 per Nitrocellulose: dry, fake and postage stamp papers. welz of 40 hours, arrived at either upon a Nitro-starch explosive, compressed (b) Building paxr. Felts and sheathing time or piece-work basis, with a 20 percent Permissible explosives (Bureau of Mines paper. tolerance for auxiliary workers, Prorided Bulletin No. 219) (c) Ground-tood printing and -pcalty they bo paid not ls3 than 40 cents an hour Piria acid paper. Blueprint paper (uncensitizzd), dls- or 010.02 per weeT- of 40 hours. Potassium nitrate tinctive papers (public debt, cecuritics, etc.), Potassium picrate safety papers (safety device incorporated in (bl) Outdoor 2ackets branch. The Powder: black, blasting, chlorate type, manufacture of paper), and tracin paper. outdoor Jackets branch of the uniform fuse, nitroglycerine, pellet, smokeless can- (d) Newsprint paper. Facing slip3 and and clothing industry Is defined to be non, smokeless gun newsnrint paper. (e) Paperboards. Back-lining. bnder's that industry which manufactures wool Spotting charges: MI, MIAI and wool-lined Jackets whether or not Tetranitfo--anilline board or tarboard, brstol board, chip-bcard, Tetranitro-methane lined boards (box, chip, marb!e-gralned), such Jackets are properly described as Tetryl newaboard, prezsboard, red sulphlte, tag- mackinaws, field Jackets, windbreakers, Tolite board, manila cardboard, and ctraviboard. lumber Jackets, peajackets, wool jump- Trinitro-anllne (f) Tissue and absorbent paper. (1) Ab- ers, or middies, blanket-lined or similar Trinitro-benzenD sorbent paper includes blotting, filter, and coats, or by any other similar desig- Trinitro--cresol matrix paper and board. nation. Trinitrotoluol or trmitrotoluene (TNT) 4 (2) TLssue paper Includes lens tLZue, pater Trinitroxylene or trinitroxylol (TNX) towels, and tolet paper. Date effectire. February 23, 1941. Trinol (g) Wrapping papor. (1) Zraot wrapping-; Wage. 40 cents an hour or $16.00 per Trot 1 paper. v.eekz of 41) hours, arrived at either upon n (2) Manila paper includes target paper and time or plece-work b ls. Date effective. September 16, 1940. uncut label paper. (c) Wool trousers branch. The wool Wage. 57.5 cents an hour or $23.00 per (3) Plate and rofl wiping paper. week of 40 hours, arrived at either upon a trousers branch of the uniform and time or piece rate basis. Apprentices may § 809.994-32 Cemcnt industry. Port- clothin- Industry is defined to be that be employed at lower rates than herein de- land cements, including modified port- industry which manufactures wool or 1894 FEDERAL REGISTER, Thursday, February 15, 1945 part wool uniform trousers or breeches, ucts which were originally construed to Psychrometers, sling Switches for engine withih this industry, but also those Pyrometers cylinder tiler- except tailored-to-measure trousers. be Q Meters mometers Date effective- February 25, 1941. products which have since been included Recording in- Synchronous repeat- Wage. 40 cents an hour or $16.00 per by interpretation. This list is subject to struments: era and transmit- week of 40 hours, arrived at either upon a revision as additional interpretation of depth, humidity, tors time or piece-work basis. products is made) light intensity, Tachometers § 809.994-35 Die casting manufactur- stress tempera- Tally counters Accelerometers Gears, steering (gy- ture, water stage Telescopes ing tndustry. The die casting manufac- Aerographs roscope) Reels, sounding Temperature a 0 a- turing industry is defined to be that in- Alidades Generator, _pulse Reflector, sight t r o 1 a! electric, dustry which manufactures die castings Almanac units, nau- Glass, optical Regulators, gaseous pneumatic for sale and does not include the manu- tical Glasses, magnifying, oxygen T-Squares reducing facture of die castings when incorporated Altimeters Resistance coils for Testing sets and Altiperiscopes Gyro indicator as- into another product by the manufacture use on scientific equipmentl Ammeters semblies Instuments Battery of such other products. The term "die Analyzers, exhaust Gyroscopes: direc- Electric asused herlin describes a cast- Reticles casting" gas tional horizon Retinoscopes Fatigue crack ing made by fercing molten metal under Anemometers Hydrographs, with- Rods: Philadelphia Gage, portable pressure into a metallic mold or die. Apparatus, micro- out clocks level, stadia Hardness Date effective. April 5. 1941. projection Hydrometers Rotors, meteorologi- Tension Wage. 50. cents an hour or $20.00 fier Astrographs Hygrothermograpbs cal Valve spring week of 40 hours, arrived at either upon a Automatic guncon- and accessories Rules: drafting, slide Wheatstone bridge trol equipment time or piece-work basis. Apprentices may Inclinometers Sextants type be employed at lower rates of pay if their Azimuth drums Indicators: d I r e c - Sights: drift, tele- Tegtstand assem- employment conforms to the standards of Balances: analytical tional, .elevation, scopic, bomb, com- blies: the Federal Committee on Apprenticeship.. laboratory, preci- fuel mixture, sa- puting Tachometer be at the rate of 40 sion, torsion Lnity, tempera- S I g n a l assemblies Automatic pilot Learners may employed ture, velocity, level cents an hour or $16.00 per week of forty Balancing machines (instruments) Theodolites and tri- hours for a period of not to exceed 60 .days Bank and climb con- Instruments: draft- Sound locaters pods, if the total number of employees classified trol units ing, engineering, Sou-nding equip- Thermocouples as such does not exceed 5 per cent of the Barographs laboratory, mete- ment, echo Thermographs total number of employees in any one estab- Barometers orological, m i I I- Splines and weights, Thermometers (cu- lishment. B-ars, beam - com- t a r y, "navigation, sets cept clinical) pass ophthalmic, sur- Stabilizers, bomb Thermostats § 809.994-36 Dental goods and equzp-' Bearing circles veying, aircraft, Stadia, computer Binnacles, compen- recording, Torpedo computer ment manufacturing industry-(a Du- Stadimeters trainer rable goods. sating Lenses (wholly or S t e r e ophotogram- Binoculars partially ground .Tracers Hand instruments, including forceps and metric equipment Boards: drafting, and polished) ex- Trainers for pilot In- pliers, broaches and cutting instruments, for Stereoscope, magni- struction plotting cept photographic fying, lens prism dental use. ioro silicate (opti- lenses and except Transits Dental chairs Stereoscopic plotting cal glass) lenses such as are instruments (aeri- Transmission a y s- Dental cabinets Brake testing ma- of a noncorrective taMeS, gun data Equipment units al mapping projec- chines, inertia type -used in pro- tors) Triangles Dental sterilizers tective goggles Dental gas apparatus Bulbs: resistance, Strain measuring Tube assemblies, air- thermometer Lettering devices Dental X-ray equipment equipment speed Bunsen burners Level vials Sunshine detectors Tube, pitot-static Dental compressors, engines, and lathes Centrifuge: human, Liners (paper rulers) Dental lights (recorders)' Vanes, wind-instru- small electric Manometers:- liquid, Supports: maximum ment Dental laboratory equipment, other than mechanical laboratory furniture Chronograph, coun- and minimum Vibration measuring tar -Map enlarging out- thermometer, wind instruments Date effective. September-23, 1941. .linometers, service fits instrument Whirling apparatus Wage. 40 cents an hour or $16.00 per week Colimeters: binocu- Measures, map of 40 hours, arrived at either upon a time lar, octant Meters: drift, elec- Date effective. September 23, 1941. or piece-work basis. Compasses: direc- tric; exposure, Wage. 40 cents an hour or 016.00 per week Apprentices may be employed at lower tion, drafting, hull water velocity of 40 hours, arrived at either upon a time or rates of pay if their employment conforms vehicular, gyro- Microscopes piece-work basis. to the standards of the Federal Committee scope Milliammeters Apprentices may be employed at lower rates on Apprenticeship. Learners may be eam-,, Computers, gun data Motion picture re- of pay if their employment conforms to the ployed at lower rates in accordance with the Controller a s a e m- cording theodolites standards of the Federal Committee on Ap- present applicable regulations ssueWd-Ey the blies Mototracers prenticeship. Learners may be employed at ,Administrator of the Wage and Hour Divi- IPontrols, domestic Mounts: telescope,, the rate of 35 cents an hour or 014.00 per sion under the Fair Labor Standards Act of automatic (hu- bombsight, peri- week of 40 hours for a period of not to exceed 1938. midity, tempera- scope 60 days, if the total number of employles so Octants classified does not exceed 10 per cent of the (b) Consumable goods. ture) Curves: aircraft, al- Odometers total number of employees In any one es- Dental gold. titude correction, Ophthalmic goods tablishment in any, given payroll or work Dental alloy for amalgams. drafting Ophthalmoscopes week. Dental cement and filling materials. Dials Pantographs, draft- Nova: The Department of Labor has Issued and Teeth, porcelain gold. Directors, ballistic ing the following interpretation of the term Orthodontic appliances. cam Pelorus assemblies "optical glass" as used In the above determl- Waxes, compounds, and investments. Dividers, propor- Pencils, drawing-in- nation, Rubber dental materials. tional strument and Optical glass ia a generic term alplying to Denture materials other than rubber. Drafting machines parts that type of glass which after grinding and use Burs, drills, and similar tools for with Dynamometers Pe n s barograph, polishing assumes definite refractive quali- handpieces. drawing - instru- ties and 'is Intended to Include finished Abrasive points, wheels, and disks. Equipment, auto- ment, thermo- matic steering products as well as blanks. Date effective. July 17, 1944. graph By this token, ophthalmic glass and Its Fathometers Periscopes Wage. 40 cents an-hour or $16.00 per week Filters, ray products, including eye glass lenses, as well of 40 hours, arrived at either upon a time or Pilots, robot as wholly or partially grotind and polished Firing controlequip- Poles, tubular metal piece-work basis. ment lenses for any purpose other than photo- Learners may be employed as provided in ranging graphic, are covered by the determination. Flight control equip- Potentiometers paragraph (a) of this section. ment, electronic Prickers, drawing-in- § 809.994-38 Surgzcal instruments § 809.994-37 Sczentife industrzal and Fuzes: glass tube, strument and apparatus zndustry. (a) The fol- laboratory instruments ndustry. '(a) self-indicating Phisms lowing illustrative list of commodities is The following illustrative list of com- Fuze setters Profilometers Galvanometers understood to be within the scope of the modities, their components and spare Projectors f o r I r Gages: depth, pres- mapping surgical Instrument and apparatus In- parts is understood to be within the sure, temperature, Propeller shaft revo- dustry wage determination (included are scope of the scientific industrial and vacuum (but not lution indicating not only those products which were laboratory instruments wage determina- machinists' preci- -equipment originally construed to be within this In- tion (included are not only those prod- . sion) Protractors dustry, but also those products which FEDERAL REGISTER, Thursday, February15, 1915 1895 have snce been included by interpreta- and power transmission belting when paragraph (a) of this section, containfig tion. This list is subject to revision as made wholly or principally of leather. not more than 45 percent by weight of additional interpretation of products Is (a) Tanning, currying, and flnishing wool or animal fibm (other than silk) made) of leather (including rawlde), (h) The manufacturing, bleaching. dyeing, printing or other finishing of Adenotomes Microtomes Date effectie. December 17. 194L. Wage. Arrived at either upon a time or woven fabrics (other than carpets and Anastomosis buttons Needles, surgical and of wool or animal Apparatus, blood hypodermic piece-rate basis. rugs) from mixtures transfusion Otoscopes In the States of Maine. Vermont, N w fiber (other than silk) containing not Applicators, metal Pelvimeters Hampshire, New York. Massachucetts. Rhode more than 25 percent by weight of wool surgical Perforators Island, Connecticut. New Jersey. Maryland. or uni fiber (other than silk) with Aspirators Perlosteotomes Pennsylvania, Delaware, Ohio. Indiana, any of the fibers designated in paragraph Atomizers Pharyngoscopes Michigan, Wisconsin. llnols. TMisourl. Iowa, (a) of this section, with a margin of tol- Blades, surgeons' Plates, bone Minnesota, North Dakota, South Dakota, Ne- erance of 2 percent to meet the exigencies Baugies, metal Pliers, surgical braska, Kanmas, New Mexico, Colorado. Wyo- ming. Montana, Idaho, Utah. ArLzona, Ne- of manufacture; Bronchoscopes Probangs (I) The manufacturing, dyemg finish- Catheters Probes, surgical vada. California. Oregon. WathinSton. and Cauterles Proctoscopes the District of Columbia, 50 cents an hour ing or processing of rugs or carpets from Chisels, bone Rachitomes or $20.00 per week of 40 hours. grass, paper, or from any yarn or fiber Clamps, surgical Raspatorles In the States of West Virginia. Virginia, except yamn containing any wool but not Clips, suture Rasps. surgeons' Kentucky, Tenne=,ee. North Carolina. South including the manufacturing by hand of Cranidelasts Razors, surgical Carolina, Georgia, Alabama, Misisppi, such products. Curettes, surgical Retractors Florida, Arkansas, Louisiana, Oklahoma. and Q) The manufacture of adhesive tape Cystoscopes Rongeurs Texas, 40 cents an hour or 016.00 pcr wee% of 40 hours. of the type used with surgical gauze or Depressors, tongue Saws, surgical bandages. (Adheive tape for industrial (metal) Scalpels power transmission Dilators Scissors or shears, (b) Welting and purpozes Is not now subject; to any mini- Directors, grooved surgical belting. mum wage determination under the Dissectors Siomoldoscopes Date effectie. 17 December 1941. Waish-Healey Act.) Drlls, bone Snares Wage. Arrived at either upon a time or Date eflectire. June 24. 1942. Drill points Spculas piece rate basis. 40 cents an hour or 01O0L3 Wage. 40 cants an hour or $16.0 for a Elevators, bone, per- Sphygmomanom - per week of 40 hours, regardl- of where week of -0 hour, arrived at on a time or piece osteal, rib eters, mecurial and manufacturcd. work besls . aneroid Endoscopes Textile industry. The Larnero may ba employed at subminimum Forceps, surgical Spoons, surgical § 809.994-42 rates only In accordance with the pr=ent Forks, tuning Sterilizers term textile Industry means: applicable reaulatlors Issued by the Admin- Gags, mouth Stethoscopes (a) The manufacturing or processing latrator of the Wage and Hour Division under Gouges Strippers, vein of yarn or thread and all processes pre- the Fair Labor Standards Act, as amended on Haemacytometers Syringes, glass or paratory thereto, and the manufactur- March 22. 1943, which were adopted for the metal Hammers, surgical ing, bleaching, dyeing, printing and other purpacm of this determination. Hemostats Sutures fabrics (other than Inhalers, anesthetic Tenacula finishing of woven § &09 934-43 Chemical and reTated Instruments, foreign Thermometers, clin- carpets and rugs containing any wool) products industry. The following illus- body ical from cotton, flax, Jute, other vegetable trative list of commodities is understood Intubators Trocars fiber, silk, grass, or any synthetic fiber, to be within the scope of the chemical Irrigators Trephine or from mixtures of these fibers: or from Trephine points and related products industry wage de- Knives, surgical such mixtures of these fibers with wool termination (included are not only those Laryngceopes Trachea tubes or animal fiber (other than silk) as are Ligatures Urethroscopes products which were originally construed specified in paragraphs (g) and (h) of but also those Lithotomes Urethrotomes manu- to be within this industry, Mallets, surgical Wrenches, clubfoot this section; except the chemical since been included facturing of synthetic fiber and such re- products which have §8209.994-39 Evaporated milk* indus- lated processing of yarn as Is conducted by Interpretation. This list is subject to try. Evaporated milk. in establishments manufacturing syn- revision as additional interpretation of products Is made), Date effective. November 3, 1941. thentle fiber; Wage. Arrived at either upon a time or (b) The manufacturing of batting. The chemical and related products Indus- piece-work bass: wadding, or filling and the processing try Include3: In the States of Washington, Oregon, and of waste from the fibers enumerated In (1) (a) Heavy, Industrial. and fine chem- California, 50 cents per hour or $20.00 per Icals. Including compressd and liquefied paragraph (a) of this section; (1939 week of 40 hours. (c) The manufacturing, bleaching, r-. and nscticide and fungicides In all other States and the District of finishing of pile fabrics Census of Manufactures.industrie3 Nos. S93, Columbia. 40 cents. per hour or $16.00 per dyeing, or other 93, 9-3 1) week of 40 hours. Effective July 8, 1944. or cords (except carpets and rugs con- (b) Ihe by-products of the foregoing taming any wool) from any fiber or (1939 Census of Manufactur industres iis. § 809.994-40 Paint azud varnish in- yam; 931.9-M2) dustry. Pigments or colors, either in (d) The processing of any. textile (2) The manufacture of such commodities dry or paste form; paints mixed ready fabric. Included in this definition of this as blul-, bone black, carbon black, nd for use or in dry or paste form; var- lampblzck; cleaning and poll-hIag prepara- ndustry, Into any of the following prod- tions, blacklngs, and drein-, imcilage, nishes, lacquers, enamels; fillers, putty, ucts: bags; bandages and surgical gauze; paste, and other adhesives (1939 Cenus of top dressings; paint and varnish remov- bath mats and related articles; bed- Manufactures Industries 1Nc. 995, 936, 933, ers; furniture and :door wax; and lac- spreads; blankets; diapers; dish-cloths; 93G) quer thinners. scrubbing cloths and wash-cloths; (a) illustrative list of commodities. Date effective. November 6, 1941. sheets and pillow cases; tablecloths, Wage. Arrived at either upon a time or lunch-cloths and napkins; towels; win- Acetylene gas BlackIngs piece-work basis: dow curtains; shoe laces and similar Acid: borle, carbolic, Bleaching material For the States of Virginia, North Carolina, laces; oxalic Bluing Tennessee, Georgia, Florida, Acld wacb, dech cov- Bone black South Carolina, (e) The manufacturing or flnishing of Burnishing Ink Alabam, Mississippi, Louisiana, and Arkan- braid, net or lace from any fiber or yarn; ering ses, 40 cents an hour or $16.00 per week of Alcohol. (except Cadmium lithopane hours. (f) The manufacturing of cordage, wood) lemon salt 40 Calcium silicate For all other States of the United States rope or twine from any fiber or yarn Amine, alkylated 50 cents an including the manufacturing of paper Ammonia, anhy- Calomel and the District of Columbia, drous Carbon black hour or $20.00 per week of 40-hours. yarn and twine; Ammonia, house- Carbon dioxide (dry § 809.994-41 Leather manufacturing (g) The manufacturing, or processing hold Ice) industry. The leather manufacturing of yarn (except carpet yarn containing Ammonlum nitrate Carbonate, stronti- industry is defined to be that industry any carpet wool) or thread by systems Auramine um which tans, curries, and finishes leather other than the woolen system from mix- Blchromato of coda Cacein Cmcluding rawhide) from any type of tures of wool or animal fiber (other than hide or skin, and manufactures welting sl with any of the fibers designated in 11xccpt water-proefing compzunds. 189,6 FEDERAL REGISTER, Thursday, February 15, 1945

Celluloid Methylbenzine § 809.994-44 Aviation textile products insurance policy or under the War De- Cellulose, acetate Methylbenzol manufacturzng zndustry. The aviation partment Insurance Rating Plan (see flake Methyl chloride textile products manufacturing industry § 804.473), If the Insurance company Cement, mending Iononitrotoluene is defined for the purposes of this deter- agrees to accept full responsibility for the (except rubber) Mucilage mination as that industry which is en- defense of the action and for the pay- Chloroform Neoprene ment of any judgment that may be ren- Cleansers (no soap) Nitrocellulose, w e t gaged in the manufacture of articles Compounds, indus- (gun cotton) (other than apparel) primarily of fabric dered against the defendant, or trial: boiler, water Oxygen for use in connection with the aviation (i) Any legal action upon a claim treating, insulat- Paint, desiccant de- industry, including, but without limita- which Is within the provisions of a self- ing metal treat- tector tion, parachutes of all types, parachute insurance plan approved pursuant to Ing Paris green § 804.436 (d), If the self-insurance plan adhesive packs, parachute harnesses, safety belts, Creosote Paste, aerial delivery containers made prima- provides for the handling of such action Creosote oil Pentaerythrite on an an- Deodorants (except Pentaerythritol rily from fabrics, tow targets, and wind by an attorney compensated for human use) Penthrile direction indicators of the wind-stock nual retainer basis. Developer, x-ray film Pentolite type; Provzded, however That the manu- (3) Immediate report of the legal ac Dibutyl phthalate Pentrinite facture of canvas and duck articles for tion will be made direct to The Judge Dinitrotoluene Pentrite ground use, such as signaling panels, is Advocate General, Washington, D. C., D is infectants: P h e n o I (carbolic not included. by the War Department representative in household, indus- acid) Date effective. December 11, 1942. charge of the project or activity out of trial Phenylemthone which the action arises. Such report Dressing, fabricated Photographic chemi- Wage. 55 cents an hour or $22.00 a week leather cals of 40 hours, arrived at either on a time or will be expedited and, where necessary, Dry cleaning prep- Polish: auto, metal, piecework basis, for the States of California, will be made by telegraph or teletype arations stove Oregon, and Washington, 47Y2 cents an hour with prompt confirmation by mail. VEach Dry mix for welding Polystyrene or $19.00 a week of 40 hours, arrived at either report will give all pertinent facts con- rod coating Potash on a time or piecework basis, for the remain- cerning the action. In the usual case, Dyestuffs Potassium perchlo- ing 45 states and the District of Columbia. these facts will Include the following: Ethyl cellulose rate Workers who are in fact learners may be em- ployed at the rate of 40 cents an hour or (I) Name of parties to the action. Ferro-alloys (except Pyrethrum concen- (i) Its nature. ferro - manganese) trate extract $16.00 a week of 40 hours during the first produced by elec- Pyrethrum (insect two weeks of their employment and at the (iII) Correct designation of the court trochemical proc- powder) rate of 45 cents an hour or $18.00 a week dur- in which the action is brought. esses Repellants: agricul- ing the third and fourth weeks of their em- (iv) When and on whom service was Ferrosilicon tural, household ployment. made. Flbestos, cellulose Resins, synthetic (v) Time when answer must be filed acetate Rubber, synthetic [Procurement neg. 11] or other action taken by the defense. Fluorescein dye Scouring powder (no of the principal defense Fungicides, agricul- soap) (vi) Nature PART 811-MIscELLAxols PURCHAsE to the suit. tural -Sealing wax INSTRUCTIONS Gasket paste Shoe impregnite (vii) The relation of the defendant to Germicides Soda, caustic (so- SUBPART C-LITIGATION AND RELATED the United States. Gums, manufactured dium hydroxide) MATTERS (viii) Amount claimed; to what extent, synthetic Sodium hyposulfite if any, such amount is covered by in- Hexamethylene tet- Sodium nitrate, syn- In § 811.1120, paragraphs (a) and b) - surance. ramine thetic are amended to read as follows: (4) Copies In triplicate of all suit Humidity indicators Sodium thiosulfate Hydrocarbon gases Stains, leather § 811.1120 Procedure for handling papers and a statement of available facts Hydrogenation cata- Strontium oxalate litigation Involving cost-plus-a-fixed-fee will be forwarded immediately to The lyst Synthetic gums contractors-(a) General. It is of the Judge Advocate General, Washington, Hydroquinone Thermite, incendiary utmost importance that The Judge Ad- D.C. 'If a board of Inquiry is convened to Hyperchloride Thorium nitrate vocate Generai be promptly notified of investigate, or acts on the case, copies of Insecticides: agricul- Tints, household tetrachlo- the institution of all legal actions in all reports of the board's proceedings and tural, household Titanium of the United States findings will be Included in the papers Kolloxaline ride which the interests Lamp black Toluene are involved, including legal actions transmitted. Any other information In Magnesium metal, Toluol against cost-plus-a-fixed-fee contractors the possession of the chief of the tech- when chemically Washing powder (no and subcontractors. This will make it nical service concerned, which may be compounded soap) possible to take steps to remove legal requested by The Judge Advocate Gen- Magnesium resinate Wax: auto, metal, actions instituted in state courts to the eral, will be Immediately transmitted to Methox stove federal courts and to otherwise protect him. Requests for Government repre- (b) Specifically excluded from the the interests of the Government. In- sentation will not be made to the Depart- chemzcal ndustry. formation furnished to The Judge Advo- ment of Justice by War Department field cate General must be full and complete representatives but will be made directly Cement, rubber Compounds: caulking, damp proofing, water and not fragmentary. to The Judge Advocate General, who has proofing; liquid and plastic roof coating (b) Procedure. The following pro- the duty of maintaining all War Depart- Ferro-manganese cedure is prescribed with respect to legal ment legal liaison with the Department Glue actions involving cost-plus-a-fxed-fee of Justice and other Government depart- Paint remover contractors and subcontractors: ments. Violations of this procedure will Plastics, fabricated (1) Such contractors should be ad- cause confusion and prevent proper co- Polish: floor, furniture vised that immediately upon receipt of ordination in the handling of litigation Rayon and allied products process in any legal action filed against with the Department of Justice. Salt: table, rock them, they must furnish a copy of all (5) An agreement for representation Soap papers to the contracting officer, or ap- should be signed by the cost-plus-a- Top dressings propriate War Department representa- fixed-fee contractor or other defendant Varnish remover tive. This will be in addition to any and three copies thereof should be for- Wax: floor, furniture similar requirement of any outstanding warded to The Judge Advocate General, Date effective. April 28, 1942. insurance policy. Washington, D. C. Such agreement Wage. Arrived at either upon a time or (2) Information and papers should be should read as follows: piece work basis. forwarded, as provided in subparagraphs The undersigned hereby requests the At- (1) 40 cents an hour or $16.00 per week of (3) through (5) below, with respect to torney General of the United States to desig- 40 hours, for the States of Maryland, Virginia, each legal action against cost-plus-a- nate counsel to defend on behalf of the North Carolina, South Carolina, Tennessee, fixed-fee contractors and subcontrac- undersigned the action entitled ...... Arkansas, Mississippi, Alabama, Georgia, tors, except v .------It is agreed ------Florida, and the District of Columbia; and that the assumption by the Attorney Ganeral (2) 50 cents an hour or $20.00 per week of (i) Any legal action based upon an al- of the defense of said action does not alter or 40 hours for the remaining States of the leged liability that Is fully covered by In- increase the obligation4 of the United States United States. surance, either under the usual type of under United States Contract No, ...... -... FEDERAL REGISTER, Thursday, February 15, 19-15

It is further agreed that such representation together with all pertinent information, [Procurement Reg. 121 will not be construed as a waiver or estoppel to the nearest OPA office, with a request PsnT 812- -EGO ATioiN Aim Pniez of any rights which any interested party may that recovery be sought by the OPA. have under said contract. (3) Claims for refunds arising out of SUBPART D-PRICE AND RATIONING REGULA- contracts. Where the War Department, APPENZDIX TIONS pursuant to OPA Procedural Regulation to Part 812 is amended No. 6, prior to the amendment thereof The appendix 1. Paragraph (k) to § 811.1132 is added effective 17 May 1943, paid a price in to read as follows: as follows: excess of an applicable OPA maximum § 812.1289 Reference to renegotiation § 811.1132 Purchases. * * * price under the terms of a contract pro- regulations. Renegotiation regulations (k) Procedure to recover amounts viding substantially that the contractor adopted by the War Contracts Price Ad- paid in excess of applicable OPA maxi- should refund to the War Department Justment Board cover, among other mum przces-(1) General. It is possible, the excess paid over such applicable things, rulings, interpretations, and ap- in view of the wide variety and large vol- maximum price under certain conditions, plications concerning exemptions from ume of War Department procurement, and the claim of the War Department statutory renegotiation. Such rensgo- that on occasion the War Department for a refund under such terms of the tiation regulations are sometimes re- inadvertently may pay prices in excess contract has matured, the contracting ferred to as "ER" in this appendix. of applicable OPA maximum prices. officer concerned will take the following § 812.1290 Rulings of War Contracts The Emergency Price Control Act of action: Price Adjustment Board relating to ex- 1942, as amended, gives the War Depart- (I) Immediately seek payment from cuslons or mandatory exemptions from ment, under such- circumstances, certain the contractor of the full amount of the statutory renegotiation-(a)Interpreta- rights of recovery against the contrac- refund owing to the War Department tion and application of the mandatory tors concerned. idkewise, in certain under the terms of the contract; exemption relatingto contractsand cub- cases the War Department may have (ii) If the contractor fails to make contracts with other Governmental claims for refunds arising out of con- such payment, request the appropriate agencies. RR 343.1 and 343.2 provide as tracts entered into pursuant to OPA disbursing officer to offset the amount follows: Procedural Regulation No. 6, prior to the funds due of such refund against any 343.1 Statutory exnmypttor. Subzection amendment thereof .effective 17 May the contractor by the War Department (1) (1) (A) of the 1943 Act provides that it 1943, which then permitted payments in under the contract involved or any other rhall not app:y to: excess of current maximum prices pend- appropriate contract of which the con- (A) any contract by a Department v-ith ing OPA decision as to increases in such officer or the disbursing officer any other department, bureau, agency, or tracting governmental corporation of the United maximum prices. The succeeding sub- has knowledge States or with any Territory, poa---fon. or paragraphs of this paragraph set forth In the event the contracting officer State, or any agency thereof or with any Wa Department procedure to be fol- is unable to effect collection of the full foreign government or any agency threof; lowed under any of these circumstances. amount of such refund, the claim, to- 343.2 Interpretationand applicatio of ez- in excess of OPA ceil- empti n. The War Contracts Board has (2) Payments gether with all pertinent Information, adopted the following Interpretation: rngs without OPA authorization. Where will be forwarded through the Purchases (1) Under this provicion of the at [sub- it has been clearly determined that the Division, Headquarters, Army Service rection (1) (1) (A) of the 1943 Actl no con- War Department has paid a price in ex- Forces, to the Office of the Fiscal Direc- tract between one of the Dapartments and cess of an applicable OPA maximum any other federal, local or foreign govern- tor, Headquarters, Army Service Forces, ment a:gency is cubject to renegotiation. A price without OPA authorization, the pursuant to paragraph 15. AR 35-730. municipal corpoation. whether acting in a -contracting officer concerned (unless he (4) Disposition of refunds. Any re- proprietary or governmental capac.ty, is can- has been advised that the OPA intends fund received by a contracting officer sidered to b an agency of a State for the on account of the viola- purp-ca of this ezemption. to seek recovery pursuant to subparagraph (2) (1) or (3) (2) Contract. baiween such other agencies tion-) will take the following action: (I) of this paragraph will be delivered or governmental corporations and private (a) Immediately, seek a refund of the by him to the nearest disbursing officer contractors, and subcontracts thereunder, are full amount of the overcharge from the through the fiscal officer of the installa- likewise not cubject to renegotiation, except contractor. tion concerned for disposition as an ex- in thoz3 Instances where the agency or goa- the contractor fails to make ernmental corpration Is acting as a direct (b) If penditure refund in accordance with agent for a Department. In these Instances, such refund, request the appropriate dis- T 14-702 "Fiscal Accounting for Field the contract Is deamed to be with the Ie- bursmg officer to offset the amount of Installations." Similar disposition as partment for which the agency or govern- the overcharge against any funds due expenditure refunds will be made of mental corporation is acting as direct agent, the contractor by the War Department and not with the agency or governmental amounts collected by offset pursuant to corporation, and accordingly, If otherwise under the contract involved or any other subparagraphs (2) (i) and (3) (fl)of subject to renegotiation, Is not exempted. appropriate contract of which the con- this paragraph. (3) Certain of the agenciles and go-vern- tracting officer or the disbursing officer mental corporations referred to sometimes § 811.1135 (c) subparagraphs 2, has knowledge. 2. In place orders called "pzol" orders. Under this 4, and 5 are amended to read as fol- type of order the agency or corporaton orders (c) The contracting officer may ac- lows: large quantities of z particular Item from knowledge receipt of a refund. How- a manufacturer. Before delivery under this ever, in view of certain rights in connec- §811.1135 Rationing regula- order the manufacturer may callall or a tion with violations granted to the OPA tions. 0 0 * portion of the Items to a Department or to a (c)Where certain War Department contractor or subcontractor by the act, the contracting officer, upon Da=atmental instructionsmay be found. 0 0 0 and the order of the governmental corpora- receiving a refund, shall not give the tion or agency is reduced to the extent of contractor concerned any instrument 2. Circular 447, VD.,1943-Food rationing; thee purch've by others. In such cases the purporting to release the government's 0 0 0 0 eale by the manufacturer to a Department contractor. 4. Circular 246, 282, 313, 389. 482, WD., or to a D3partmental contractor or subcon- claim against the 1944-Certan" petroleum products; and tractor are not exempt from renegotiation. In the event the contracting officer has 5. Circular 255, 390, W.)., 1944 and 19, been advised that the OPA intends to W.D., 1945-Shoes. (b) Interpretationand application of violation, the mandatory exemption relating to seek recovery on account of the SUBPART H-111SCELLIMOUS ZMTTMS the War Department itself will take no contracts for certain raw materials and Paragraph 1 under § 811.1187 is agriculturalcommodities. RR 344.1 and action to effect recovery of the over- 344.2 provide as follows: charge but will furnish the OPA with amended to read as follows: all pertinent information which the lat- § 811.1187 Restrictions on purchases 3 4.1 ow matcrici. (1) Statutory ex- emption. Subsection (1) (1) (B) of the act ter may request. If the contracting of- of selected items. 0 * * provides that It cball not apply to- ficer has attempted but has been unable 1. Ofice furniture and equipment. Bae ee- (B) any contract or subcontract for the to effect collection of the full amount of ion IV, Circular No. 38, War DMpartmcnt, product of a--lne, oil or gas welI, or other the overcharge, he will refer the matter, 1945. mineral or natural depozit, or tmber, w ch 1898 FEDERAL REGISTER, Thursday, February 15, 1945 has not been processed, refined, or treated War Contracts Board has issued the follow- Natural gasoline; casinghead gasoline, rtai- beyond the first form or state suitable for ing regulation concerning the exemption of due gas. industrial use; contracts and subcontracts for certain prod- Nickel ore and concentrates; nickel matte; (2) Interpretation and application of ex- ucts of the kind described in subsection (i) nickel oxide; nickel ingots, cathodes rnd emption..In determining whether or not a (1) (B) of the 1943 Act. shot. particular product is an "exempted prod- (1) The term "exempted products" as used il, crude, not processed or treated further uct" under the exemption in subsection (i) In this regulation, shall mean any of the than the processing or treating customarily (1) (B) of the act, the following principles following products: occurring at or near the well. shall govern- Osmiumrmetal, including ingot and powder. items as washed or (a) Exempted products. The phrase "other Aggregates including such Palladium metal, Including ingot and powder. screened sand, gravel or crushed.stone. mineral or natural deposit" shall be inter- Phosphate rock; elemental phosphorus for- Alumina; aluminum sulfate; aluminum In- preted to include only mineral or natural de- rophosphorus; phosphorus pentoxido and gots and pigs. posits of a wasting or depletable character phosphoric acid derived directly by treat- Asphalt, natural. similar to products "of a mine, oil or gas ment of phosphate rock; superphosphate. ore, crude; antimony ore, concen- well." Accordingly, water, sea water and air, Antimony Platinum ore and concentrates; platinum and products derived therefrom, are not con- trated; antimony metal; antimony oxide; metal, including Ingot and powder, antimony sulfide. sidered to be other mineral or natural de- Pumice, lump. posits within the meaning of he act, and Arsenic, crude; arsenic powder; arsenious Quartz crystal, raw. oxide (white arsenic). contracts or subcontracts therefor, or for Radium bromide; radium sulfate; radium products derived therefrom, shall be subject Asbestos rock; asbestos fibre. gas. or dried bauxite; to renegotiation. Bauxite, crude; calcined Rhodium metal, including ingot and powder. (by State at whic4 exemption terminates. bauxite abrasive grains. Ruthenium metal, including ingot and pow- dried, crushed, granulated and In general a product will be considered to be Bentonite, der. an exempted product until it has arrived at pulverized. Salt, rock; evaporated salt; soda ash, am- oxide; its dispersal point, i.e., the point at which a Beryl ore and concentrates; beryllium monia and electrolytic caustio soda and metal; beryllium master alloys. substantial proportion of the product is used beryllium bicarbonate of soda when derived directly by the ultimate consumer, or by industries Bismuth metal. by treatment of brine. Borax. Sea shells; oyster shells; clam and reef shells. other than the industry of origin. The in- cad- dustry of origin includes not pnly the Cadmium flue dust; cadmium oxide; Selenium metal. primary industry of extraction or severance. mium balls and slabs. Silver, refined, including bars, shot, powder tile but also any processing, refining or treatment China clay; kaolin; fire clay; brick and and grains. china directly supplementing its extraction or made from clays other than kaolin, Sodium aluminate. severance or to produce one or more of the and. fireclay. Stone, rough dimension. chemical elements or compounds present in Chlorine and hydrogen produced directly by Sulfur, crude. may be found in electrolysis of salt brine. Sulfuric acid; oleum (other than sulfuric it in the state in which it chromite abundance in nature; but excludes other Chromium ore and ferrochrome; acid or oleum produced from crude sulfur the form or state processing, refining or treatment to produce not processed beyond or any other product having an industrial various end products for the ultimate con- suitable for use as a refractory; bichro- use). sumer, or a substantial variety of produdts mates. Standing timber, logs, logs sawed into length, which vary materially in size, shape or con- Coal, prepared; run-of-mine coal. and logs with or without bark. tent from the original product. Cobalt oxide; cobalt anodes, shot and ron- Talc, crude, grouno and sawed. (c) Combination of several materials. delles. Tantalum ore and concentrates, tantalum Where substantial quantities of two or more Columbium ore and concentrates; columblum double fluoride. materials or ingredients are combined to oxide; ferrocolumblum. Tellurium metal. produce a product for industrial use, the Copper ore, crude' copper ore, concentrated; Tin ore and concentrates; refined pig tin. product resulting from.such, combination is copper matte; blister copper; copper billets, Titanium-bearing ores and concentrates, in. considered to be non-exempt, unless the cathodes, cakes, ingots, ingot bars, powder, eluding Ilmenito and rutile; titanium ox- other material or materials are used as a slabs and wirebars. ide; ferrotitanium. catalyst, carrying agent or in some other Corundum ore and concentrates; corundum Tungsten ore and concentrates sodium subordinate capacity in connection with'proc- grain. tupgstate; ferrotungsten; tungsten metal, essing, refining or treatment of the principal Cryolite ore and concentrates. including powder; tungatto oxide; tungatic product which is in the course of preparation Diaspore; diaspore brick. acid. for its first industrial use. Diatomaceous silica, lump, block, brck and Uranium ores and concentrates; uranium (d) Different processes. Where a product powder. oxide. is made in substantial quantities by two or Dolomite, crushed dolomite. Vanadium ores and concentrates; sodium more different processes, one of which would Feldspar, crude and ground. vanadate; vanadium pentoxide; ferrovana- result in the exemption of the product-under Ferrosilicon. dium. the above tests and the other would result Fluorspar ore; fluorspar fluxing gravel; lump Whiting; chalk lump. in its inclusion, such a product will be con- ceramic ground fluorspar; acid grades of Zeolites derived from Glauconite. sidered to be renegotiable ofily where made fluorspar. Zinc ores and concentrates; zinc anodes, bars, by a process which would result in its Fuller's earth. oxide, powder and slabs. Inclusion. Gas, natural, not processed or treated fur- Zirconium ores and concentrates. (e) By-products. Where a process for ther than the processing or treating cus- (2) Subject to the provisions of par- making a product or material subject to re- tomarily occurring at or near the well. graph 3 hereof, it is determined that each negotiation under the above tests also pro- Graphite ore and concentrates; flake graphite; of the exempted products Is "the product of duces by-products, such by-products shall graphite fines, lump and chip; graphite a mine, oil or gas well, or other mineral or be treated as subject to renegotiation since powder. natural deposit, or timber, which has not any benefits resulting from use or sale of such Gypsum, crude; calcined gypsum, been processed, refined, or treated beyond by-products 'operate in substance to reduce Indium metal. the first form or state suitable for indus- the cost of the principal product. The trial use" within subsection (1) (1) (B) of principle of the preceding sentence is In- Industrial diamonds. Iridium metal, including ingot and powder. the Renegotiation Act, The provisiona of applicable to by-products which would other- such Act shall not apply to contracts and wise be exempt under this paragraph (2). Iron ore, crude; pig iron. Kyante ore and concentrates; kyanite brick. subcontracts for any of the exempted the case of by-products resulting from products. processes principally designed to produce an Lead ore; refined lead bars, ingots and pigs; antimonial lead bars, ingots and pigs. (3) This determination is made under the "exempted product" under the above tests, principles set forth in paragraph 344.1 of the such by-products shall be treated as "ex- Limestone; crushed limestone. Magnesite; dead burned magnesite. Renegotiation Regulations, including sub- empted products" if they are not further division (2) (d) thereof. The products listed bru- processed, refined or treated. If further proc- Magnesium-bearlng minerals,.including under paragraph 1 of this regulation are cite; magnesium oxide; magnesium chlo- essing, refining or treatment of such by- exempt only when they represent products ride; metallic magnesium, pigs and ingots. products takes place, the status of the ulti- of a mine, oil or gas well,,or other mineral mate product resulting will be determined in Mercury ore; mercury metal. or natural deposit, which have not been accordance with the general principles set Manganese ore; ferromanganese, including processed, refined or treated beyond the first forth above. spiegeleisen; silicomanganese. form or state suitable for industrial use and the (3) A list of products which, subject to Mica, crude, hand-cobbed; block mica; sheet are not exempt if manufactured from raw interpretation are considered ex- mica, including splittings; wet or dry foregoing materials which do not fall within the above empt, Is set forth [below] in [RR] para- ground mica. description or which have at some prior graph 841. Molybdenum ore and concentrates; unolyb- denum oxide; calcium molybdate; ferro- stage been processed, refined or treated RR 841 rovwdes as follows: molybdenum. beyond such first form or state suitable for 841 Raw material exemption. Pursuant Monel ore; monel matte; monel ingots, pigs, industrial use. For example, magnesium to subsection (1) (2) of the 1943 Act the and shot, produced from monel matte. products derived from sea water, products FEDERAL REGISTER, Thursday, February 15, 1915 1899 manufactured from the atmosphere, second- zofnts or loses from cale3 of ngrlcultural RR 344.5 provides as follows: ary aluminum pigs and ingots, and other commodities n their exempt form or stati, smilar products are not considered exempted including sales of futures In such commod- 344.5 Pacl~agfngmaterials and contafters. products. ities, are excluded from consideration in re- If there oredelivered to a Dpartment end (4) This determination applies to fiscal negotiation. The War Contracts Price Ad- products, contracts for which are exempted years ending after June 30, 1943. justment Board hs determined the form or from rene-gotiation under sub-ections (1) (5) This regulation may be amended state at which the exemption terminates in (1) (B) or (C) of the 1943 Act relating to from time to time, revising, amending or the case of each of the agricultural com- certain raw materials or agrlcultural com- supplementing the list of exempted products modities set forth [below) in jRR paragraph mcditic3, the exemption of the end products contained in paragraph 1 hereof. 844 and will continue to determine and pub- extends to and Includes the packages or con- lish from time to time additions to this it. talnera in whica the end products are de- RR 344.2 provides as follows: livered to the Dpanent. ER 844 provides as follows: 3442 Agricultural com nodties-() (c) Interpretation.and application of Statutory exemption. Subsection (i) (1) 844. List of cxcmptcd agriculturalcommod- the mandatory exemption relating to (C) of the 1943 Act provides that it shall not ities. Determination of the War Contracts Price Adjustment Board of the exemption construction contracts. This paragraph apply to-- deals with the mandatory (C) Any contract or subcontract for an from renegotiation of contracts and Cub- exemption re- agricultural commodity In 'ts raw or natural contracts for agricultural commodities under lating to construction contracts. For the state, or if the commodity is not customarily section 403 (1) (1) (0) of the Renegotiation discretionary exemption relating to con- sold or has not an established market in its Act of 1943. struction contracts, see para aph (d) raw or natural state, in the first form or 1. Pursuant to the authority conferred of § 812.1291. state, beyond the raw or natural state, in upon the War Contracts Price Adjustment which it is customarily sold or in which it Board by Section 403 (i) (2) of the Renc-o- R 346.1 and 346.2 provide as follows: has an established market. The term "agri- tiation Act of 1943, the Board hereby deter- 34861 Statutory exemptfoiz. Subz-econ (1) cultural commodity" as used herein shall mines that under sub-ectlon (1) (1) (C) of (1) (E) of the 1943 Act provides that it shall include but shall not be limited to- such section, relating to the exemption of not apply to- (i) Commodities resulting from the culti- contracts or subcontracts for agricultural (E) Any contract with a Department vation of the soil such as grains of all kinds, commodities, the form or state Indicated in awarded as a result of competitive bidding, fruits, nuts, vegetables, hay, itraw, cotton, the following list, is the lost form or state at for the construction of any bulding, struc- tobacco, sugar cane, and sugar beets; which the exemption applies: ture, Improvement, or facility. (1i) Natural resins, saps and gums of Agricultural commodity and laet form or 346.2 Interpretation and application of trees; state at which exemption is to apply examption. (ii) Animals such as cattle, hogs, poultry, (1) This section of the 1943 Act Is appl- and sheep, fish and other marine life, and Beans and peas, dry: Threshed. cable only to amounts received or accrued the produce of live animals, such as wool, Beeswax: In the comb, or in bulk (not for fiscal years ending after June 30, 1943 eggs, milk and cream; packed). (regardles of the date when the contract- (2) Interpretation and application of ex- Berries, edible: Fresh. was made) under any contract which meets emption-(a) Applicability. This provision Cinchona bark: As bark (unprocemed). all of the following conditions: of the 1943 Act is retroactive as if it were Coffee: Bean (green). (a) The contract is a contract with a De- a part of the Renegotiation Act on the date Corn: As grain (shelled). partment (I e, Is a prime contract). The of its enactment, April 28, 1942. Cotton: Ginned (in the bale). exemption has no direct applicabity to sub- (b) Interpretation. The purpose of this Cottonseed: Unprocessed (as they come from contract-but see IRl paragraphs 347 provision is to exempt from renegotiation the gin). [reprinted in § 812.1230 (d) I and 356.2 [re- farmers, fruit growers, livestock raisers, fish- Cream, fluid: As sold from farms (not pas- printed in § 812.1291 (e) I for the principles ermen and other basic producers of agricul- ,teuriz-d). governing exemption of subcontracts under ture commodities and those who trade in Drugs (botanical), Crude (unground. un- prime contracts as to which this exemption such products or handle or transport them processed, unstandardized, unpurliled) as Is applicable. without processing them; it is not Intended customarily sold by the basi producer. (b) The contract 13 for the construction of to exempt canners, processors, manufac- Eggs: In the shell (raw). a building, ctructure, Improvement or other turers and others who acquire products of Fiber flax straw: Dezeeded (baled or unbaled). ilar facility. A contract will be deemed to this type from the basic producer and proc- Flaxseed (linseed) As seed (unproccsd). ba for the constructon of a building, struc- ess them to a higher form or state. In or- Fruits, edible: Fresh. ture. improvement or similar facility if the der to qualify for exemption the product Gum opium: As gum in Its natural state. subject matter of the contract is the con- contracted for must be an agricultural com- Hay: Baled or unbaled. structlon or installation of the whole or any modity in its raw or natural state, or if such Hemp fiber: In bales. Integral Part of a building, structure, im- a commodity is not customarily sold or does Honey: Crude or "country run." provement or similar facility. The exemp- not have an established market In its raw Jute and sisal fiber: In bale3. tion has, however, no applicability to con- or natural state in the first form or state be- Livestock: On the hoof. tracts for the furnishing of materials or sup- yond the raw or natural state in which it is filk, raw fluid: As sold from farms (not pas- plies, as such, even If such materials or sup- customarily sold or in which it has an es- teurized). ples are to be used in the construction of a tablished market. Peanuts: In the shell (raw). building, structure, Improvement or similar (c) Application. A commodity will be Pine gum: Not distilled or purifled. facility; nor has the czrntion any appica- deemed to be an agricultural commodity in Poultry: Alive. bility to contracts for the furnishing of ma- its raw or natural state only so long as It has Rice: Rough, unpolished (as It comes from chinery or equipment which hba or may have not undergone some process of treatment or the thresher). a productive function in connection with fabrication. In the case of fruits, vegetables, Sugar beets: As beets. procersing. and other like products this state does not Sugar cane: As cane. (c) The contract wa awarded as a result ordinarily extend beyond the state in which Tobacco: Not proces-ed beyond the form or of compatitive bidding. A contract wil be such products are harvested. In the case of state at which farmers ordinarily cell It. deemed to have been avrded as a result livestock, it terminates a, the time the ani- Tree nuts, edible: In the shell (raw). of competitive bldding only if (1) there has real is slaughtered. Where an agricultural Vegetables: Fresh. been published advertising or such other so- commodity is not customarily sold or does Vegetable seeds: Not proce-sd beyond the licitation for bids as would open the bidding not have an established market in its raw or form or state at which they may be used to all qualified bidders who could have bean as seeds. natural state as above defined and is no Wheat, rye, oats and barley: As thrcshed rea-onably expected to bid on a job of the longer in such state the exempt status of such si.e, character and location concerned, (it) commodity will terminate with the state grain. bids are received from two or more inde- in which the commodity is first customarily Wool: In the grease (as clipped from live pendent, responsible and qualified bidders sold or has an established market, and, with animals). In actual compatition with each other. (iII) the exception of the produce of live animals 2. This determination is made under the the contract is let to the lowest qualified bid- which are specifically exempted, the exemp- the principles set forth in paragraph 344.2 der, and (Iv) the contract pr ce wcs not in tion will not apply to any derivative prod- of the Renegotiation Regulations including excess of the low bid received. ucts which are derived from such commodity subdivision (2) (b) thereof. (2) In distinguishing a contract for the in the state in which it is first sold, whether 8. This determination applies to all re- construction of a building, structure, im- as a result of division, separation pr further ceipts or accruals under any contract or cub- provement or dmilar facility from a con- treatment or processing. For the purposes contract for the commodities listed in para- tract for the furnishing of machInery or of determining whether an agricultural com- graph 1 of this Regulation regardUe= of the equipment an dezcribed In subdivision modity is customarily sold or has an estab- date when such contract or subcontract was (1) (b) of this pa graph, regard is to be lished market, regard will be given to the en- made. had to the subject matter of the contract. tire field in which such commodity is pro- 4. This Regulation may be amendcd from To the extent that the subject matter of the duced or marketed rather than to sectional time to time, revislg, amending or supplo- contract involves the furniaing or the fur- or local practices; and varieties, types or ;nending the list of oxempted commocd.In niching and Installation of machinery ox classes of the commodity will be disregarded. tontained In paragraph I hereof, equipment which 1 or may have usa In 1900 FEDERAL REGISTER, Thursday, February 15, 1945 processing, Within the principles stated in (e) Interpretation of office supplies. imum price for the sale of which has been [RR] paragraph 333.3, the contract wile not RR 333.4 (3) provides in part as follows: fixed by a public regulatory body, of leases be deemed to be a contract for the con- and license agreements, and of agreements struction of a building, structure, improve- Office supplies are interpreted to include where the period of performance under such ment or similar facility, but will be regarded paper, ink, typewriter ribbons, binders, cov- contract or subcontract will not be in excess as a contract for the furnishing of machinery ers,.blotters, paper clips, staples and other of thirty days; or equipment, in accordance with the prin- itemqs of consumable character, as well as 352.2 Exemptions. (1) In the opinion of ciples set forth in paragraphs 335.2 (2) and related items of relatively short life and the War Contracts Price Adjustment Board, 335.2 (5) of these [Renegotiation] Regula- minor cost, such as pens, pen holders, pen- the profits from the following contracts or tions. In a case where the construction or cils, blotter pads and calendars; they do not portions thereof can be determined with Installation of the whole or any integral part include office furniture, machinery and reasonable certainty when the contract price of a building, structure, improvement or equipment, such as desks, chairs, lamps, is established, and such contracts or portions similar facility and the furnishing of ma- rugs, waste baskets, filing cases, typewriters thereof are accordingly exempted from the chinery or equipment are embraced within a and calculating, recording, reproducing and provisions of the Renegotiation Act to the single contract, the undertaking for the con- dictating machines. extent herein provided: struction or Installation of the whole or any (a) Contracts and subcontracts for the Integral part of the building, structure, im- § 812.1291 Rulings of War Contracts sale or lease of any Interest In real estate provement or similar facility may be sev- Przce Adjustment Board relating to dis- (see [RRI paragraph 335.1), or ered from the undertaking to furnish the cretionary exemptions from statutory re- (b) Contracts and subcontracts for the machinery or equipment and an appropriate negotiation-(a) Discretionary exemp- sale or exchange of tangible property used finding made as to that portion of the entire tion relating to contracts and subcon- In the trade or business of the vendor, with contract which may properly be deemed ex- tracts to be perlormed outszde of the respect to which depreciation is allowable empt. United States. RR 351.1 and 351.2 pro- under section 23 (1), or amortization is alloW- (3) If a construction contract is exempt able under section 124, of the Internal Reve- from renegotiation under the provisions of vide as follows: nue Code (not Including stock In trade of this paragraph 345.2, all modifying instru- 351.1 Statutory authority. Subsection (I) the vendor or other property which would ments thereto providing for additional or (4) of the 1943 Act authorizes tile War Con- properly be included In the inventory of the different construction of buildings, struc- tracts Price Adjustment Board, in its discre- vendor if on hand at the close of his fiscal tures, improvements or facilities to be per- tion, to exempt from some or all of the year, or property held by the vendor pri- formed at or adjacent to the site of the provisions of the act marily for sale in his trade or business), or original project are considered a part of the (A) Any contract or subcontract to be (c) Contracts for the sale of Vessels and original construction contract and therefore performed outside of the territorial limits their equipment, other than contracts for are exempt from renegotiation: Provided, of the continental United States or in Alaska. the construction of vessels, howevcr, That the aggregate contract prices 351.2 Exemption. (1) Each contract or (d) Such portion of contracts for the of all such modifying instruments do not subcontract to be performed outside the ter- lease of vessels and their equipment, which exceed one-third of the contract price of the ritorial limits of the continental United provides (as in bareboat charters), for a original construction contract. States, outside the territories of Alaska and rental for the bare use of the vessel and its (4) Determination whether this exemption Hawaii, outside the Panama Canal Zone, and equipment (herein called the "use rate"), Is applicable to any particular prime contract outside the other territories and Island pos- or which provides (as in time charters) for shall be made, upon the basis of the prin- sessions of the United States shall be exempt a use rate, as distinguished from compensa- ciples referred to in the preceding subdi- from the provisions of the Renegotiation Act tion for the services to be rendered by the Visions of this paragraph, by the renegotia- of 1943 unless it shall be determined by the contractor under the time charter (herein tion agency of the Department or Service War Contracts Board or by any authority to called the "service rate"), provided that conducting the renegotiation inowhich such whom power to exempt individual contracts where the time charter contains no segre- contract is involved, except as provided in under subsection (i) (4) (A) of the 1943 gation of the contract price between the use 347.2 (2). The renegotiation agency of each Act has been or may be delegated or redele- rate and the service rate, the apportionment Department or Service shall maintain a cen- gated; of the contract price between the use rate tral file with respect to determinations made (a) That administrative difficulties do not and the service rate may be made by the by It as to the exempt or non-exempt status make impracticable the renegotiation of such Department conducting the renegotintlon, of prime contracts. contract or subcontract, In connection with such apportionment con- (b) That the procurement program of the sideration may be given to the Report of the (d) Interpretation and application of United States in foreign countries will not Advisory Board on Just Compensation, estab. the mandatory exemption relating to be adversely affected by such renegotiation, -lished by the President on October 15, 1943, subcontracts under exempt contracts or and by Executive Order 9387, which report dated subcontracts. RR 347.1 and 347.2 pro- (c) That such renegotiation will not oth- December 7, 1943, established rules of gen- eral applicability for the guidance of the vide as follows: erwise be contrary to the interests of the United States. War Shipping Administration in detarmin- 347.1 Statutory exemption. Subsection (2) In determining whether the procure- iLg Just compensation to be paid for all ves- (i) (1) (F) of the 1943 Act provides that it ment program of the United States in foreign sels requisitioned, purchased, chartered or shall not apply to countries or the intercsts of the United States insured by the said Administration and Gen- (F) Any subcontract, directly or indirectly generally will be adversely affected by such eral Order 37 of the War Shipping Adminis- under a contract or subcontract to which this renegotiation, it is considered desirable that tration (8 P.R. 3806), and any supplements section does not apply by reason of this representatives of the Department of State of and amendments thereto, to the extent the paragraph. the United States be consulted, if practicable; same may be. applicable to such vessels and 347.2 Interpretation and application of such consultation shall not, however, be their equipment. Nothing contained in this exemption. (1) It should be noted that the essential to the valid renegotiation of any subparagraph (d) shall be deemed to exempt exemption applies only where the subcontract contractor or subcontractor. from renegotiation contracts commonly known as "space Is under a contract or subcontract exempted (3) Such determination may be made at charters" or the service rate by paragraph (1) of in time charters, regardless subsection (i) of the any time whether before or after the execu- of whether the vessel involved was requisitioned 1943 Act. Thus, subcontracts under prime tion of the contract or subcontract and by the contracts or subcontracts exempted under whether or not it contaids Government or any agency thereof. a renegotiation (2) the discretionary exemptions, authorized by clause. The words "when the contract price is subsection (1) (4) of the 1943 Act, the exemp- established" In subsection (1) (4) (B) of the tion measured by renegotiable volume under (b) Discretionary exemption relating Renegotiation Act and In the preceding sub- subsection (c) (6), or any other exemption to contracts and subcontracts for profits division of this paragraph are -a qualification or exclusion contained in the 1943 Act, are determinable upon the scope of the exemption, and con- when przce established, template that the contract or subcontract not exempted by this provision. real estate, public * A * utilities, perishable price shall be established at the time the goods. (1) RR 352.1 and 352.2 contract or subcontract Is entered (3) Subcontracts for the furnishing of provide as into. Ac- cordingly, this exemption extends only packaging materials and containers in which follows: to contracts and subcontracts under which there are delivered mAterlals or prcducts the 352.1 Statutory authority. Subsection (1) price is a fixed or determinable which are amount at exempt from renegotiation under (4) of the 1943 Act authorizes the War Con- the time the contract the provisions of subsections or subcontract Is en- (1) (1) (B) or tracts Price Adjustment Board- in its discre- tered into, and does not apply to any contract (C) of the 1943 Act relating to certain raw tion, to exempt from some or all of the provi- or subcontract under which the price, at the materials or agricultural commodities or sions of the Act time the contract or subcontract is entered which are otherwise exempt under paragraph (B) any contracts or subcontracts under Into, is contingent upon a subsequent (1) (1) of the 1943 Act (see [RR paragraphs event which, in the opinion of thdeBoard, the profits or is thereafter to be determined by 333.3 (1), 333.4 (1), 344.5 reference and 347.2 (1)) con- can be determined with reasonable certainty to a variable stitute subcontracts element (as, for example, the under exempt prime con- when the contract price is established, such lessee's sales or profits). tracts and are exempt from renegotiation as certain classes of agreements for personal (3) For an exemption relating to certain under the provisions of subsection (1) (1) (F) services, for the purchase of real property, contracts and subcontracts Involving electric of the 1943 Act. perishable goods, or commodities the min- power, gas, transportation and communica- FEDERAL REGISTER, Thursday, February 15, 1945 101

tions and subcontracts thereunder, see [R] W (2) Amounts received or accrued under a contract with a Department providing for paragraph 842 [reprinted in subparagraph (2) any contract or subcontract with a publlo the reimbursement by a Department of costs below]. For an exemption relating to perish- utility with respect to the construction or of the contractor incurred under such sub- a able foods, see [RR] paragraph 843 [reprinted nstallatlon of facilities for the generation. contract for water or the removal of sezge, in subparagraph (3) below]. transmission or distribution of gas shall not or be exempt from renegotiation by reacon of (U) If a Departoent ha contracted to pay (2) RR 842 provides as follows: this paragraph 842.2 even though such con- or Guarantee the paymcnt of amounts pay- 842 Public utility exemptions. tract or subcontract also calls for the de- able under such subzontract for water or the 842.1 Public utilities;electrnc power. (1) livery of gas. removal of rawaze. Pursuant to subsection (1) (4) of the Rene- 8423 Public utilities; transportation. then In either such case such subcontract for gotiation Act of 1943 (including subsection Pursuant to subsection (1) (4) of the Rene- water or the removal of cewge shall not be of 1943 (including subssctlon (1) (4) (B) and (1) (4) (F)) the following gotiation Act exempt from renegot ation by reason of this classes and types of contracts and subcon- (i) (4) (B) and (1) (4) (P)) the following classes and types of contracts and subcon- subparagraph (b). tracts are exempt to the extent provided In M.,.0 Subcontracts. Pursuant to subsec- this paragraph from all of the provisions of tracts are exempt from all of the provisions tion (1) (4) of the Renegotiation Act of 1943 the Renegotiation Act of 1943: of the Renegotiation Act of 1943: (including subectlan (1) (4) (B) and (I) (1) Contracts and subcontracts with com- (a) Any contract or subcontract with a cas-es and types of mon carriers to furnish transportation by (4) (F)) the following public utility for the delivery of electric power contracts and subeontract- are exempt from railroad, motor vehicle, pipe line or air, when of less than 1.000 kilowatts of contractual all of the provislons of the Renegotiation Act made at published rates or charges. fixed. demand, except that If the actual demand of 1943. approved or subject to regulation as to the was 1,000 kilowatts or more at any time contracts or by a public regulatory (1) Subcontracts under any during any particular fiscal year, amounts reasonableness thereof suboontracts exempted pursuant to para- made at rates or charges which received or accrued under such contract or body, or when graphs 842A through E42.5 inclusive. the Department conducting the renegotia- subcontract for such fiscal year shall not be 842.7 Scope of eemptions. All of the ex- tion In Its discretion shall determine to be no exempt from renegotiation by reason of this under parographs 42.1 higher than such published rates or charges emptlons, made subparagraph (a). through E42.6, inclusive, apply to contracts (b) Any subcontract with a public utility for transportation of a comparable character. (2) Contracts and subcontracts with com- and subzontracts of-the specified clases and for the delivery of electric power without type, whether heretofore or hereafter made regard to the contractual or actual demand, mon carriers to furnish inland or coastal transportation by water, when made at pub- or performed, and whether or not they con- except that tain renegottation provisions. (i) If such subcontract for electric power lished rates or charges, fixed, approved or subject to regulation as to the reonable- is with a contractor having a contract with (3) RE 843 provIdes as follows: for the reimburse- ness thereof by the Interstate Commerce a Department providing M43. List of exempted foods. Determlna- ment by a Department of costs of the con- Commission, or when made at rates or Dpartment conducting tion of the War Contracts Price Adjustment tractor Incurred under such subcontract for charges which the the renegotiation in Its discretion shall de- Board of the ezrxmptlon from renegotiation electric power, or such published of contracts and subcontracts for perishable (ii) If a Department has contracted to pay termine to be no higher than rates or charges for transportation of a com- foods under Sectlon 453 (1) (4) (B) of the of amounts pay- or guarantee the payment parable character. Renegotiation Act of 1943. able under such subcontracts for electric (3) Contracts and subcontracts with Pursuant to the authority conferred upon power, freight forwarders when made at published the War Contracts Price Adjustment Board then in either sueli case such subcontract for rates or charges, fixed, approved or subject by Section 403 (1) (4) (B) of the Renego- electric power shall not be exempt from re- to regulation as to the reasonablene= there- tiation Act of 1943, concerning the exemption negotiation by reason of this subparagraph of by the Interstate Commerce Commition. of contracts and subcontracts for certain (b). 8244 Public utilities; communications. perishable goca from renegotiation under (2) Amounts received or accrued under any Pursuant to subsection (1) (4) of the Rene- the Renegotiation Act of 1943, the War Con- contract or subcontract with-a public utility gotiatlon Act of 1943 (including subsection tracts Price Adjustment Board hereby de- with respect- to the construction or Installa- (i) (4) (B) and (1) (4) (V)) the following termines that the foods sat forth In the list tion of facilities for the generation, transmis- classes and types of contracts and subcon- attachcd hereto and designated as Exhibit sion or distribution of electric power shall tracts are exempt from all of the provislons 1 are per hable; and that, in the spinIon not be exempt from renegotiation by reason of the Renegotiation Act of 1943: of the Board. the profits under contracts and of this paragraph 842.1 even though such con- (1) Contracts and subcontracts with tele- subcontracts for the purchase of such fends tract or subcontract also calls for the delivery phone, telegraph, cable and radio companies can ba determined with reasonable certainty of electric power. to furnish the cervice of transmitting mes- when the contrct price is established; and 842.2 Public utilities; gas. (1) Pursu- sages, when made at published rates or that contracts and subcontracts, heretofore ant to subsection (1) (4) of the Renegotia- charges, fixed, approved or subject to regula- or hereafter made, for the purchase of such tion Act of 1943 (including subsection (1) (4) tion as to the reasonableness thereof by a foods are hereby declared to be exempt from (B) and (i) (4) (F)) the following classes public regulatory body, or when made at all of the provisions of the Renegotiation Act and types of contracts and subcontracts are rates or charges which the Dpartment con- of 1943. exempt to the extent provided In this para- ducting the renegotiation in its diJcretion EXmurr 1 shall determine to be no higher than such graph from all of the provisions of the Rene- Fre h fruits: Apples, apricots, bananz, gctiation Act of 1943: published rates or charges for cervice of a comparable character. berries (blue and black), cantaloupes, cher- (a) Any contract or subcontract with a ries, cranberries, grapes, grapefruit, honey- public utility for the delivery of gas, except 842.5 Public utilities. Furnishingoftwater or remoral of sewage. (1) Pursuant to sub- dew maelons., lemons, limes, oranges, pears, that if the amounts received or accrued under peaches, plums, strawberries, tangerines. any such contract or subcontract during any section (i) (4) of the Renegotiation Act of 1943 (including subsection (1) (4) (B) and watermelons, and other miscellaneous fresh particular fiscal year were $50,000 or more. (i) (4) (P)) the following clas-es and types fruits. amounts received or accrued under such con- Fresh vegetables: Azparagus, beans lim . tract or subcontract for such fiscal year shall of contracts and subcontracts are exempt to the extent provided in this paragraph from beans, string, beets, brcccoli, cauliflower, from renegotiation by reason not be exempt all of the provisions of the Renegotiatlon cam, cucumbars, e-gS plant, endive (chicory), of this subparagraph (a). (If such fiscal Act of 1943: greens (collards, etc.), kale, lettuce, onions, year Is a fractional part of twelve months, (a) Any contract or subcontract w.ith a green. onlans, dry, parsley, parnIps., peas, the $50,000 amount shall be reduced to the public utility for the furnishIng of wa ter or peppers, green, potatoes, Irish, potatoes, same fractional part thereof for the purposes the removal of sewnge. except that if the sweet, radishes, rpinach, squash tomatoes, of this subparagraph (a).) amounts received or accrued under any such turnips and rutabagas, mushrooms, rhubarb, (b) Any subcontract with a public utility contract or subcontract during any par- and other miellaneous fresh vegetables. canned), for the delivery of gas without regard to the ticular fiscal year were 010.000 or more. Dairy products: Butter (except cheee (Except proceed canned). Ice cream; amounts received or accrued thereunder dur- amounts received or accrued under such con- final year shall Ice cream mix in unsealed containers, fresh ing any fiscal year, except that tract or subcontract for such not be exempt from renegotiation by reason fluid mHlk and fresh fluid cream. (1) If such subcontract for gas is with a of this subparagraph (a). (If such fiscal Poultry: Chicken (Except camued), turkey contractor having a contract with a Depart- year is a fractional part of twelve months. (except canned) and other poultry (except ment providing for the reimbursement by the 810,000 amount shall be reduced to the canned). a Department of costs of the contractor in- same fractional part thereof for the purpozes Leats: Beef (except canned and dehy- curred under such subcontract for gas, or of this subparagraph (a)). drated), pork (except canned and dehy- (Hl) If a Departnent has contracted to pay (b) Any subgontract with a public utility drated), lamb and mutton (except canned or guarantee the payment of umounts pay- for the furnishing of water or the removal of and dehydrated), veal (except canned and de- able under such subcontract for gas, sewage without regard to the amounts ro- hydrated), cmolaed or proceed meats (except, ceived or accrued thereunder during any fiscal canned and dehydrated), other meats (except then in either such case such subcontract year, except that canned and dehydrated), lard and lard sub- for gas shall not be exempt from renegotia- (I) If such subcontract for water or the atltutea and ofals (except canned and tion by reason of this subparagraph (b). removal of sewage is with a contractor having dehydrated). 1902 FEDERAL REGISTER, Thursday, February 15, 1945

Fish and sea foods: Fresh or frozen and extension of an existing contract or subcon- profits. RR 356.1 and 356,2 provide as salted or smoked (except canned). tract entered into on or before June 30, 1943; follows: Frozen vegetables. (c) The work covered by the contract was Frozen fruits. substantially the same as the work for which 356.1 Statutory authority. Subsectioli Bread and other bakery products (except the bids were requested; (1) (4) of the 1943 Act authorizes the War biscuits, crackers, cracker meal, breakfast (d) Bids were received from two or more Contracts Price Adjustment Board, In Its cereals, hard bread and zwieback). independent, responsible and qualified bid- discretion, to exempt from some or all ot the Potato chips. ders in actual competition with each other; provisions of the act. Compressed yeast, and (F) Any subcontract or group of subcon- let to tracts not otherwise exempt from the pro- Shell eggs. (e) The contract or subcontract was visions of this section,- if, in the opinion of Margarine. the lowest qualified bidder, at a price not in the Board, it is not administratively feasible Any other perishable food of a similar na- excess of the low bid; ture which may be determined from time to in the case of such subcontract or In the time by any of the Departments to be of the or where the subcontract is a construction case of such group of subcontracts to de- pre- same general character as the items specifi- contract which (i) meets the conditions termine and segregate the profits attributable cally set forth on the above list: Provided, scribed in subparagraph (a) above, and (it) to such subcontract or group of subcontracts or subcon- however, That any items so added shall be re- Is a subcontract under a contract from the profits attributable to activities not ported to the Secretary of the War Contracts tract exempt from renegotiation under the subject to renegotiation. Price Adjustment Board. foregoing provisions of this paragraph 355.3. 356.2 Exemption. (1) The War Contracts Accordingly, the War Contracts Price Adjust- Board has found that it Is not administra- (d)Discretionary exemption relating ment Board, in accordance with subsection tively feasible to determine anctsegregate the to contracts and subcontracts when ef- (1) (4) of the Renegotiation Act, has ex- profits attributable to activities subject to fective competition is likely to exist; empted such contracts and subcontracts from renegotiation from those not so subject In all of the provisions of the Act. the case of the following subcontracts: construction contracts. This paragraph (2) In distinguishing a contract or sub- (a) Subcontracts directly or indirectly deals with the discretionary exemption. contract for the construction of a building, under a prime contract to which the provi- For the mandatory exemption relating structure, improvement or facility from a sions of [RR] paragraph 3462 [reprinted in to construction contracts, see § 812.1290 contract or subcontract for the furnishing § 812.1290 (c)] are applicable as to only a (c) or installation of machinery or equipment, portion of the amounts received or accrued the principles of [RR] paragraph 3462 (2) therefrom, due to the fact that a portion of RR 355 provides as follows: [reprinted in § 812.1290 '(c) ] will be followed. such amounts were received or accrued in a 355 C5ntracts and subcontracts when ef- (3) If a construction contract or subcon- fiscal year ending prior to July 1, 1943: fective competition is likely to exist. tract is exempt from renegotiation under the (b) Subcontracts directly or Indirectly 355.1 Statutory authority. Subsection provisions of this paragraph 355.3, all modify- under any modifying instrument of the gen- (1) (4) of the 1943 Act authorizes the War ing instruments thereto providing for addi- eral type described In [RR] paragraph 340,2 Contracts Price Adjustment Board, in its tional or different construction of buildings, (3) [reprinted in § 812.1290 (0)] (regardleow discretion, to exempt from some or all of the structures, improvements or similar facilities of whether such modifying Instrument is ex- provisions of the act. at or adjacent to the site of the original proj- empted under that paragraph) which modi- (E) any contract or subcontract if, in the ect are considered a part of the original con- fies a contract to which the provisions of opinion of the Board, competitive conditions struction contract or subcontract and there- [RR] paragraph 346.2 are applicable; and affecting the making of such contract or sub- fore are exempt from renegotiation, Provided, (c) Subcontracts for the construction of contract are such as are likely to result in however, That the aggregate contract prices a building, structure, Improvement or other effective competition with respect to the con- of all such modifying Instruments do not similar facility directly or Indirectly under tract or subcontract price. exceed one-third of the contract price of the any modifying instrument of the general type 355.2 General interpretationof exemption. original construction contract or subcontract. described in [RR] paragraph 355.3 (3) Ire- The War Contracts Board will make exemp- (4) Determination whether this exemp- printed in § 812.1291 (d) I (regardless of tions under this provision only as to classes tion is applicable to any particular prime whether such modifying instrument Is ex- or types of contracts on the basis of the contract shall be made, upon the basis of empted from renegotiation under [RRI para- subject matter with which the contract or the principles referred to in the preceding graph 355.3). subcontract is concerned. Exemptions by subdivisions of this paragraph, by the rene- The War Contracts Board has therefore the Board will be based upon broad national gotiation agency of the Department or Serv- exempted the foregoing subcontracts from all conditions and considerations and will be ice conducting the renegotiation in which the provisions of the 1943 Act. limited to those fields where, in the opinion such prime contract is involved. The renego- (2) Since the powers of the War Contracts of the Board, not only do competitive condi- tiation agency of each Department or Service Board under subsection (i) (4) (F) ([i1 tions exist, but the competition is such that shall maintain a central file with respect to paragraph 356.1) are applicable only to it may be presumed to be effective in the determinations made by it as to the exempt amounts received or accrued for fiscal years sense of producing fair and reasonable prices or non-exempt status of prime contracts. ending after June 30, 1043, the exemptions for the Government and In generally elim- In any case in which the renegotiable status made by this paragraph 356.2 are applicable inating excessive profits. of a construction subcontract is dependent only to amounts received or accrued under 355.3 Application of exemption to con- upon the applicability or nonapplicabulity of such subcontracts for fiscal years ending struction contracts and subcontracts entered the provisions of this paragraph 3553 to a after June 30, 1943. into subsequent to June 30, 1943 and before prime contract, the procedure to be followed (3) In determining whothor a subcontract be the same as is provided in [RR] para- January 1, 1944. (1) The War Contracts shall is one for the construction of a building, ,Board has found that competitive conditions graph 347.2 (2). If the exempt or non- structure, improvement or other similar facil- affecting the making of construction con- exempt status of a construction subcontract ity, the principles of [RR] paragraph 340.2 is not dependent upon the status of a prime subcontracts entered into subse- shall be applied. tracts and contract, then the renegotiation agency of quent to June 30, 1943, were such as to re- Reference is also made to RR 842 sot forth conducting the effective competition with respect to the Department or Service in § 812.1291 (b) (2). sult in renegotiation in which such subcontract is price where all the contract or subcontract involved shall determine the exempt or non- § 812.1292 Determination by tihe of the following conditions exist, exempt status of such subcontract. Quartermaster General o1 perishable (a) The contract or subcontract is for the '355.4 Application of exemption to con- construction of a building, structure, im- commodities. Under date of April 13, struction contracts and.subcontractsentered 1944, The Quartermaster General Issued provement or similar facility. A contract or into subsequent to December 31, 1943. subcontract will be deemed to be for the The War Contracts Board has found that a list of foods determined to be perish- construction of a building, structure, im- competitive conditions affecting the making able pursuant to the authority conferred provement or similar facility if the subject of construction contracts and subcontracts upon him by § 812.1205 (h) This list Is matter thereof Is the construction or installa- entered into subsequent to December 31, tion of the whole or any integral part of a not reproduced here for the reason that 1943, were such as to result in effective com- all items on such list are included In the building, structure, improvement or similar petition with respect to the contract or sub- facility. The exemption has, however, no ap- contract price, and accordingly, -the Board, list of perishable foods set out in plicability to contracts or subcontracts for the in accordance with subsection (i) (4) of the § 812.1291 (b) (3) furnishing of materials or supplies, as such, 1943 Act, has exempted such contracts and even if such materials or supplies are to be subcontracts from all of the provisions of used in the construction of a building, struc- the 1943 Act. The term "construction con- [Procurement Reg. 131 ture, improvement or similar facility; nor has tracts and subcontracts" as used herein shall PART 813-FORMS OF CONTRACTS the exemption any applicability to contracts be construed In accordance with the prin- or subcontracts for the furnishing of ma- ciples set forth in subparagraphs (1) (a) 1. Section 813.1317b Is amended to chinery or equipment which has or may have and (2) of [RR]*paragraph 355.3. read as follows: a productive function in connection with processing; (e) -Discretionary exemption relating § 813.131'7b W D. Contract Form No. (b). The contract or subcontract did not to subcontracts where not adminzstra- 18 (W D. Form No. 18)-Short Form, constitute a substitute for or a revision or tively feasible to determine and segregate Remsed 11 November 944-(a) Ex- FEDERAL REGISTER, Thursday, February 15, 1915 1903 planatory notes. (1) W D. Contract written quotation-of . . .",aP- ThiL Is the ame an thu added shert for Form No. 18 has been revised as of 11 pearing on the front side of the form, wi1 W.D. Contract Form No. 47 (E~e 1.D. Con- November 1944 and is now printed by the be deleted by the contracting officer. tract Form No. 07--n (9 8131317c) ). War Department as W D. Form No. 18, Otherwise the contracting officer will de- 3. In § 81331Mf, the text following the and distributed in accordance with AR lete those words which do not apply, and form under paragraph (b) is amended 310-200. insert the date. to read as follows: (2) W. D. Contract Form No. 18 is (4) Each technical service may insert available for optional use by the techm- (either on continuation sheets or in the [Reverse aide of W.D. Contract Form No. 61 cal services (including the service com- blank space provided on the reverse side Thin In the came azn reverse side of WD. mands) for procuring any supplies or of W. D. Form No. 18, or in any other Contract Form No. 3S3 (see § 8131317a). services, regardless of the number or space on the form) special provisions [Sehat to h added when nppllcable] period of deliveries or of the number of covering (i) methods of presenting in- Thn la the came as- the added sheet for payments involved, where voices or vouchers, and (ii) methods of W.D. Contract Form No. 47 (r.,e W.D. Con- (i) -The amount of the purchases does packing, sdipping. and marking. Con- tract Form No. 47-a (§ 813.1317c)). not exceed $500,000; and tinuation sheets may also be used as ex- (ii) No special contract form is avail- tensions of columns on the form. 4. In § 813.13263 (b), Article 17 of the able and suitable for the particular type (5) If the uniform article concerning contract form is amended to read as fol- of procurement; and "Termination at the Option of the Gov- lows: (ii) No special contract provisions are ernment" (§ 803.324) or the statutory re- § 813.1326a W D. Contract Form No. required, the insertion of which in the negotiation article ( 803.342-1) is nec- 26A. 00* particular case would unduly complicate essary or desirable, W. D. Form No. 47-a (b) Contract form. the form; and (see § 813.1317c (b)) may be used as a 0 0 0 * * (iv) Signature by the contractor evi- continuation sheet to W. D. Form No. 18. DAi:. 17. Uce t-=rntJ. The Poch,= dencmg acceptance of the order is not If the uniform termination article rprezenta and wa rants that it will us or required, and is not desired. Signature (§ 803.324) Is included, General Provi- consime the prc'paty covered hereby In the by the contractor is not required where sion 16 (short-form "Termination at the United Staten for manufacturing, construc- (a) the amount of the order is not in Option of the Government") on the re- tIon. maintenance or repair purposes, ad. excess of $5,000 or (b) the amount of the verse side of W. D. Form No. 18 should the PurchaserP_acs that If it dow not use order is in excess of $5,000 but not in ex- be deleted. or consume any of the Items, it wl not resell cess of $500,000 and the order is pre- (6) W. D. Form No. 18 will be requi- them at a profit ceded by an oral or written quotation or sitioned as prescribed in AR 310-200. is based upon a price list. Requisitioning agencies should specify S-itlhapter B-DiLcal or Property (3) Where the price is not in excess of bond, tissue, or ditto In requisitioning IProcurament Re. 71 $5,000 the line reading 1In accordance the form. PART 824-DIsrosino or Nox-Rxwx- with your price list /oral quotation/ (b) Contractform. A=Il PROPRTYr W. D9.Foass No. 18-REVLSo It NOVEMBsER 194 (Pso-0T) In § 824.401, paragraph (e) is revoked, NOTE: Forms printed m the FmERAr REGISTER are for information only. and do not follaiz tho eact renat paragraph (fM is redesignated (e) and prescribed by the issuing agency. paragraph (d) Is amended to read as W. D. Form No. 18 11 November 1944 follows: WAR DEPAR.-EK.T Pac3ASE oanM, Contract No. (if any) W-_. § 824.401 Non-mil tary property other Ordcr No... . Date ...... Abovo numrs mat eri.x aall p=-. than current production scrap. * * 0 ages and pamrs relang to th ord'r. (d) Non-repairable 'Property in the W. D. establish-. possession of a contractor meat, office or ate- . PamtwI1tb3 mado by FIrasc Oflier, may be either lion, and address i ------U. S. Army. at (I) sold to or by the contractor when The supplfa id rrvre to ho obtaned. authorized pursuant to the provisions of To: -..-...------(contractoon--...t..) by this lntrumczit are nutherieriycz § 824.403, below, or (i) turned over to a far the purp:zeaz fcrth In. and erachbs ale to th following alltaip tha avail- salvage officer for disposal. In either (Address) able balance of 'shirh are r'.illelt to cover case, if the property is required to be ac- the coat thereat counted for under War Department (gctor7addre) Technical Manuals 14-910. "Manual for Ship to: Cost-Plus-A-Fixed-Fee Supply Con- n accordance with your prIcailstfors quottoatint of . .... tracts," and 14-911, "Accounting for Please furnish the following an the terms spead oth sides of this pago and on the attaccd c1slncludiag Government Property Furnished Under delivery L o. b.-_ ------FZIxed-Price Contracts," the certificate Methods of presenting invoices or vouchers, and of packing, marking, and shipping, Shall t:3 C o ct 1z5, except asothisa directed by the Contracting Officer. prescribed in pa ph (a) above, will Sceduleof deliveres._. not be required. In such cases the credit voucher to the property account will con- sist of a copy of the list of property ItemNo. Supplies orServices Quantity Unit primo Ainunt turned over to a salvage officer or ap- proved by the contracting officer for sale by the contractor, supported by the con- tracting officer's written advice to the accountable property offcer as pre- scribed in paragraph 103 of T11 14-910 and paragraph 80 of TM 14-911, respec- Inspection points: Tol_ ...... tively, or if there is no question as to the repon_- ty of the contractor for the This order is authorized by and negotiated under UrrErD SUTES or L==Ar.i, condition of the property, supported by the First War Powers Act, 1941 (Public 354, 77th Cong.), and Fecutivo Order No. 001 (Dea. 27, B------a written order of the contracting officer directing transfer to the salvage officer Attached sheets numbered -...... -- - - - or approving the sale by the contractor. [Rves sideofW 19.FormNo. 8-Reise PA nT 826--Ds;osnoN or SxEnRvicrnn [Reverse side of Wi. D. Form. No. 18-Revised 2. In § 8131317d, the text following the 11 November 1944] form under paragraph (b) Is amended to read as SUBPART A-PrODUCTUIO EQ ~PUENT 1,D GENERAL PROVISIONS follows: [Reverse side of W. D. Contract Form 17o. 1] The General Provisions of W.D. Form No. 18 This is the same as revcrsa sido of W.D. Section 826.616 is revoked as follows: are the same as the General Provisions ap- pearng on the reverse side of W.D. Form No. Contract Form No. 883 (cao § 8131317a). § 826.616 Storage of surplus part I 383 (see § 813.1317a (b)). [Sheet to be added vhen applicable] property. [Revoked] 1904 FEDERAL REGISTER, Thursday, February 15, 1945

PART 829-APPENDIX 8 P.R. 13081, Delegation of Authority No. Percentage of total weight 20, 8 P.R. 16235; Delegation of Authority 0 In OW on 4 In § 829.902, the third from the last No. 21, 8 P.R. 16320) Type of chain: whicever wa3&&iti&r address under "Office of the Chief of Ordnance" is amended to read "Office, Dated: February 8, 1945. Harness chain (Including breast, butt Chief of Ordnance-Detroit, ATTN: Re- heel and trace chains)----- ...... 36 S. H. LEBENSBURGER, Wagon chains ------50 distribution Division (SPOMC-M) Union Director Guardian Building, Detroit 32, Mich- Cow ties, tie outs and halter chain---.. 36 Requirements and Supply Branch, /21" 16 igan", and the last address under "Office Bureau of Supplies. Log chains under ------of the Chief of Chemical Warfare Serv- (2) If any chain manufacturer is unable to ice" is amended to read "Commanding [F. R. Doe. 45-2534; Filed, Feb. 14, 1945; m.] fillall orders from such suppliers and dealers Officer, Indianapolis CW Depot, 206 10:35 a. out of the stated percentages he may prorate Northwestern Avenue, Indianapolis 7, deliveries among them on the basis of normal Indiana. (Part 3 only) " -shipments regardless of preference ratings [Amdt. 287]. (other than AAA). Orders from such rup- IF. R. Doe. 45-2408; Filed, Feb. 10, 1945; pliers and dealers in excess of the stated 2:59 p. m.] PART 802-GENERA LICENSES percentages are to be filled only in accordance with priorities regulations. FRENCH INDIA (3) Suppliers and dealers w o are entitled to obtain chain under this special procedure Section 802.3 General license country should certify on their purchase orders that TITLE 32--lATIONAL DEFENSE groups is hereby amended in the follow- they serve the farm trade. However a chain ing particulars: manufacturer who knows or has reason to Chapter VIII-Foreign Economic 'Paragraph (a) is amended by adding to believe that a particular supplier or dealer Admmstration the destinations designated as "Group does serve the farm trade need not insist that G" the following: a certification be furnished on the purchae Subchapter B--Export Control order. French India (Pondichery, Karikal, Chan- (4) Except as specifically otherwise pro- [Amdt. 2851 dernagor, Mahe, and Yanaon), 104. vided manufacture and delivery of farm chain are subject to the provisions of Limi- PART 811-BLAr=ET IzCENSE "BLT" This amendment shall become effective tation Order L-302, Priorities Regulation 19, tinmediately upon publication. and all other applicable orders and regula- VEGETABLE OILS AND FATS tiOns of the War Production Board as (See. 6, 54 Stat. 714; Pub. Law 75, 77th amended from time to time. Paragraph (f) of 8811.2 General pro- Cong., Pub. Law 238, 77th Cong., Pub. isions is hereby amended by adding to Law 397, 78th Cong., E.O. 9361, 8 PR. Issued this 14th day of February 1045. the commodities listed therein the fol- 9861, Order No. 1, 8 P.R. 9938; E.O. 9380, WAR PRODUCTION BOARD, lowing commodities: 8 P.R. 13081, Delegation of Authority No. By J. JOSEPH WHELAN, Commodity- Schedule B No. 20, 8 P.R. 16235; Delegation of Author- Recording Secretary, Vegetable Oils and 1420.00 thru 1449.98 ity No. 21, 8 P.R. 16320) Fats, Edible. [F. R. Doe. 45-2542: Filed, Feb. 14, 1946; 11:17 a. m.] This amendment shall become effec- Dated: February 8, 1945. tive immediately upon publication. S. H. LEBENSEURGER, Director PART 1010-SUSPENSION ORDERS (Sec. 6, 54 Stat. 714; Pub. Law.75, 77th Requirements and Supply Branch, [Suspension Order S-7121 Cong., Pub. Law 238, 77th Cong., Pub. Bureau of Supplies. Law 397, 78th Cong., E.O. 9361, 8 F.R. BUZZELL ELECTRIC AVORICS 9861, Order No. 1, 8 P.R. 9938; E.O. 9380, [F. R. Doe. 45-2535; Filed, Feb. 14, 1945; 8 10:35 a. m.] F W Buzzell is the owner of a con- F.R. 13081, Delegation of Authority No. tracting and maintenance firm doing 20, 8 P.R. 16235; Delegation of Authority business No. 21, 8 F.R. 16320) under the trade name and style Chapter IX-War Production Board of Buzzell Electric Works located at 130, Dated: February-12, 1945. 8th Street, San Francisco, California. AuTHonry: Regulations in this chapter, S. H. LEBENSBURGER, The firm is principally engaged in elec- unless otherwise noted at the end of docu- tric motor repair service, but does some Director ments affected, Issued under see. 2 (a), 54 Requirements and Supply Branch, Stat. 676, as amended by 55 Stat. 236 and 56 construction work. On or about the 22d Bureau of Supplies. Stat. 177; E.O. 9024, 7 F.R. 329; E.O. 9040, 7 day of October, 1943, the firm began and P.R. 527; E.O. 9125, 7 P.R. 2719; W.P.B. Reg. 1 completed, without first having obtained IF. R. Dc. 45-2533; Filed, Feb. 14, 1945,' as amended Dec. 31, 1943, 9 F.R. 64. the authorization of the War Production 10:35 a. m.] Board, certain construction, consisting PART 944-REGuLATIoNs APPLICABLE TO THE of new fluorescent lighting installation - OPERATION OF THE PRIORITIES SYSTEM for the San Francisco Daily News, a daily [Priorities Reg. 19, Direction 2 as Amended newspaper, at a total cost of approxi- [Aindt. 286] Feb. 14, 1945] mately $5,470.02. On or about the 9th day of March, 1944, the firm began and PART 802--GENERAL LICENSES DELIVERIES OF FARM CHAIN BY CHUN completed, without first having obtained MANUFACTURERS the authorization of the War Production FRENCH INDIA The following direction is Issued pur- Board, certain construction consisting of Section 802.2 General license num- suant to paragraph (f)(1) of Priorities a new fluorescent lighting installation bers is hereby amended in the following Regulation 19 in order to supply urgent for the Chronicle Publishing Company, particulars: requirements for farm chain: publishers of the San Francisco Chroni- Paragraph (a) is amended by adding (1) During the period from February 14, cle, at a total cost of approximately French India, (Pondichery, Karikal, 1945 through June 30, 1945, chain manufac- $4,165.21. These construction projects Chandernagor, Mahe, and Yanaon) to turers are directed to disregard preference were in violation of Conservation Order the list of countries set forth therein and L-41, resulted from the gross negligence ratings (other than AAA) to the extent nec- Of responsible persons associated with by assigning to said country the "general essary to fill all orders for farm chain from license" number 104. the firm, and critical materials have been suppliers and dealers who serve the farm diverted to uses not authorized by the This arqendment shall become effec- trade. Farm chain includes only the follow- War Production Board. In view of the tive inmediately upon publication. Ing types of chain, and preference ratings are foregoing, it Is hereby ordered, that: to be disregarded only up to the stated (See. 6, 54 Stat. 714; Pub. Law 75, 77th per- § 1010.712 Suspension Order No. S- Cong., Pub. Law 238, 77th Cong., Pub. centage of total welght production of each 712. (a) F W. Buzzell, doing business as Law 397, 78th Cong., E.O. 9361, 8 F.R. type during the calendar year 1940 or 1941 Buzzell Electric Works, shall not for 9801, Order No. 1, 8 P.R. 9938; E.O. 9380, whichever was greater I three months from the effective date of FEDERAL REGISTER, Thursday, February 15, 1915 1905 this order apply or extend any preference United States Bureau of Customs the restrictions set forth in this para- ratings or use any CNIP allotment sym- -(bonded warehouse) in the continental graph (b) shall not apply* bols, regardless of the delivery date United States and shipments in bond (I) To the Foreign Economic Admin- named in any purchase order to which into the continental United States for istration, U. S. Commercial Company, such ratings may be applied or extended transshipment to Canada, Mexico, or any Commodity Credit Corporation, Metals or on winch ClAP allotment symbols are other foreign country. Reserve Company, Defense Supplies Cor- used. (5) "Place of initial storage" means poration, or any other United States (b) This order shall apply only to pur- any warehouse, yard ground storage, or governmental department, agency, or chase orders for materials to be used in other place, to which the person making corporation, or any agent acting for construction, as the same is defined in the entry or withdrawal from custody of any such department, agency or cor- Conservation Order L-41, begun after the United States Bureau of Customs of poration; or February 14,1945, and shall not apply to material imported subject to this order (it) To any material of which any purchase orders for materials for main- directs or has directed that such material United States governmental department, tenance and repair of electrical equip- be transported from the port of entry to agency, or corporation is the owner at ment. be held until disposed of pursuant to this the time of importation, or to any ma- (c) The restrictions and prohibitions order. terial which the owner at the time of contained hereto shall apply to F. W (6) Material shall be deemed "In tran- importation had purchased or otherwise Buzzefl, doing business as Buzzell Elec- sit" if It Is afloat, if an on board ocean acquired from any United States gov- tric Works, his successors and assigns or bill of lading has actually been issued ernmental department, agency or cor- persons acting on his behalf. Prohibi- with respect to it, or if it has actually poration; or tions against the taking of any action been delivered to and accepted by a ral, (III) To any material which on the include the taking indirectly as well as truck, or air carrier, for transportation governing date was in transit to a point directly of any such action. to a point within the continental United within the continental United States. (d) Nothing contained in this order States. (iv) [Deleted Mar. 30, 1944 1 shall be deemed to relieve F. W Buzzell (7) "Governing date" with respect to (v) To any material consigned as a from any restriction, prohibition, or pro- any material means the date when such gift or imported for personal use where vision contained in any other order or material first became subject to General the value of each consignment or ship- regulation of the War Production Board Imports Order M-63. ment is less than $100.00; or to any except insofar as the same may be incon- (b) Restrictions on Imports of mate- material consigned or imported as a sistent with the provisions hereof. rtals-(l) General restriction. No per- sample where the value of each con- (e) This order shall take effect on son, except as authorized in writing by signment or shipment is less than $25.00; February 14, 1945. the War Production Board, shall pur- or to any used material-n the category of household goods imported by the Issued this 7th day of February 1945. chase for import, import, offer to pur- chase for import, receive, or offer to re- owner for his own personal use; or WAR PRODUCTION BOARD, ceive on consignment for import, or make (vi) To materials consigned as gifts By J. JosEPH WHELAN, any contract or other arrangement for personal use by or to members of Recording Secretary. for the importing of, any material sub- the Armed Services of the United States; or [F. R. Doe. 45-2543; Filed, Feb. 14, 1945 Ject to this order after the governing 11:17 a. m.] date. The foregoing restrictions shall (vii) [Deleted Nov. 13, 1944.1 apply to the importation of any material (viii) To manufactured materials subiect to the order, regardless of the which are imported in bond solely for existence on the governing date or there- the purpose of having them repaired PART 1042-ThwoT S OF STRATEGIC after of any contract or other arrange- and then returned to the owner outside MNATERIAWs' ment for the Importation of such mate- the continental United States; or [General Imports Order I-63, as Amended rial. The materials subject to this order (ix) To materials which were grown, -eb. 14, 1945] are those listed from time to time upon produced, or manufactured in the conti- List I, List II, and List I attached nental United States, and which were The fulfillment of requirements for shipped outside the continental United the defense of the United States has hereto. (2) Autlirizatfon by War Produc- States on consignment or pursuant to a created a shortage in the supply of cer- contract of purchase, and which are now tain imported materials for defense, for tion Board. Any person desiring such authorization, whether owner, pur- returned as rejected by the prospective private account, and for export; and the purchaser: or following order is deemed necessary and chaser, seller, or consignee of the mate- rial to be imported, or agent of any of (x) To materials shipped into the appropriate us the public interest and United States in transit from one point to promote the national defense: them, shall make application therefor in duplicate on Form WP9B-1041 (formerly in Mexico to another point in Mexico, § 1042.1 General Imports Order AM- PD-222C) addressed to the War Produc- or from one point in Canada to another 63-(a) Definitions. For the purposes tion Board, Ref.. M-63, Washington 25, point in Canada. of this order: D. C. Unless otherwise espres1y per- (Wl) To materials on List III which are (1) "Person" means any individual, mitted, such authorization shall apply located In, and are the grovth, produc- partnership association, business trust, only to the particular material and ship- tion, or manufacture of, and are trans- corporation, or any organized group of ment mentioned therein and to the per- ported into the Continental United persons, whether or not incorporated. sons and their agents concerned with States overland, by air, or by inland (2) "Owner" of any material means such shipment; it shall not be assignable waterway from Canada, Mexico, Guate- any person who has any property inter- or transferable either in whole or in part. mala or El Salvador. est in such material except a person (3) Restrictions on financing of im- (c) Restrictions on disposition of List whose interest is held solely as security ports. No bank or other person shall I material. Except as hereinafter sp2- for the payment of money. participate, by financing or otherwise, cfleay provided in paragraph (d) here- (3) "Consignee" means the person to in any arrangement which such bank or of: whom a material is consigned at the time person knows or has reason to know in- (1) Restrictionsupon owners and con- of importation. the importation after the govern- signees. No owner or consignee of any volves material on List I which is imported after (4) "Import" means to transport in ing date of any material subject to this any manner into the continental United the governing date shall in any way, di- order, unless such bank or person either rectly or indirectly* States from any foreign country or from has received a copy of the authorization of the United () Dispose of any interest in such any territory or possession issued by the War Production Board material; States (including the Philippine Islands) under the provisions of paragraph (b) (ii) Process or in any way change the It includes shipments into a free port, (2) or is satisfied from known facts that physical condition of such material; free zone, or bonded custody of the the proposed transaction comes within (III) Transfer possession, or cause or 1 the exceptions set forth in parasraph permit a transfer of possession, of such Certain food items formerly on Lists I, (b) (4) material except to the port of entry and U, and III are now subject to import control (4) Exceptions. Unies otherwiso dl- from the port of entry to the place of us- in accordance with War Food Administration or Order 63. rected by the War Production Board, Itial storage of such material; 1906 FEDERAL REGISTER, Thursday, February 15, 1945

(iv) Change or cause or permit a corporation becomes the owner thereof, (h) Violations. Any person who wil- change of, the location of such material and shall not apply to any material of fully violates any provision of this order, except to the port of entry and from the which any United States governmental or who, in connection with this order, port of entry to the place of initial stor- department, agency, or corporation is wilfully conceals a material fact or who age of such material. the owner at the time of importation, furnishes false information to any de- Provided: That a consignee of such ma- and shall not apply to any material pur- partment or agency of the United States terial may dispose of his interest in such chased or otherwise acquired from any is guilty of a crime, and upon conviction material to the extent necessary to com- United States governmental department may be punished by fine or imprison- plete any commitment or contract made agency, or corporation. ment. In addition, any such person may prior to the governing date. The person (e) Restrictions on disposition of List be prohibited from making or obtaining to whom he disposes of such interest I1 or List III material. Unless otherwise further deliveries of, or from processing shall be subject to all restrictions im- provided by the terms of the authoriza- or using material under priority assist- posed upon owners by this order. tion issued pursuant to paragraph (b) ance. In addition, the War Production (2) Restrictions upon banks and per- (2) any material on List n or List III, Board may direct the disposition and use sons similarly situated. No bank or which is imported in accordance with of any material which is imported with- other person which, as agent, pledgee, the provisions of this order after the out authorization as required by para- beneficiary under a trust receipt, or governing date, may be sold, delivered, graph (b) otherwise, has possession of or any in- processed, consumed, purchased, or re- (I) Applicability of priorities regula- terest in any written instrument evidenc- ceived without restriction under this tions. This order and all transactions ing any interest in any material on List order, but all such transactions shall be affected thereby are subject to all appli- I shall in any way, directly or indirectly, subject to all applicable provisions of the cable provisions of the priorities regulla- dispose of any such interest, or transfer regulations of the War Production tions of the War Production Board, as possession, or cause or permit a transfer Board and to all orders and directions amended from time to time. of possession, of such instrument, unless: of the War Production Board which now (j) Effect on liability of removal of (i) Such material was imported before or hereafter may be in effect with respect material from order The removal of the governing date; or to such material. 0 any material from the order shall not be (ii) Such person neither knows nor (f) Reports-l) Reports on customs construed to, affect in any way any lia- has reason to know that such mate- entry. No material which is imported bility for violation of the order which rial was imported after the governing after the governing date, including ma- accrued or was incurred prior to the date date; or terials imported by or for the account of of removal. (iII) Such disposition or transfer is the Foreign Economic Administration, necessary to permit a consignee to make U. S. Commercial Company, Commodity Issued this 14th day of February 1945, a permissible disposition of material in Credit Corporation, Metals Reserve Com- WAR PRODUCTION BOARlD, accordance with subparagraph (1) of pany Defense Supplies Corporation, or By J. JOSEPH WHELAN, this paragraph (c) or any other United States governmental Recording Secretary. (iv) Such disposition or transfer Is department, agency, or corporation, shall made to the owner of the material and be entered through the United States LisT 1 such owner has complied with all the Bureau of Customs for any purpose, The numbers listed after the following provisions of this order. whether for consumption, for warehouse, materials are commodity numbers taken (d) Permissible disposition of List I in transit, in-bond, for re-export, for ap- from Schedule A. Statistical Classification of materials - (1) Transfer to govern- praisal, or otherwise, unless the person Imports of the Department of Commerce mental agency. Nothing contained in making the entry shall file with the entry (issue of January 1, 1943). Materials are in- this Form cluded In the list to the extent that they are order shall prohibit an owner or WPB-1040 (formerly PD-222B) m covered by the commodity numbers listed consignee of any material on List I im- duplicate except in the case of a material below. If no commodity number is listed, ported after the governing date, or a described in paragraph (b) (4) (Cx) when the description given shall control, bank or other person having possession the person making the entry neednot file of, or an interest with the entry Form WPB-1040 in, a written instru- (formerly Com. ment evidencing an interest in such ma- PD-222b) The filing of such form a iAlaterals merco Govern. terial, from disposing of, or making any second time shill not be required upon ClassImport No. lg data arrangement to dispose of, any interest any subsequent entry of such material in such material to the Foreign Economic through the, United States Bureau of Administration, Commodity Credit Cor- Customs for any purpose; nor shall the Brazilian pebble (quartz crystals), poration, unmanufactured ...... N20 0(o 1010142 Metals Reserve Company, De- filing of such form be required upon the Brazilian pebble (quartz crystals) fense Supplies Corporation, or any other withdrawal of any material from bonded manufactured and semimanu. United States governmental department, custody of the United States Bureau factured in blanks, slabs, bars, of etc ...... N.S.0. 1010142 agency, or corporation. Customs, regardless of the date when Broomror ...... 2930.0(0 11/23/42 (2) Authorization by War Production such material was first transported into Chrome ore (Cbromite) ...... 6213. 1(0 1 12/2341 C213. 8(0 112/Z/41 Board. Notwithstanding the provisions the continental United States. Both goose 0213.0(U.O 2J23/4l of paragraph (c) an owner or con- copies of such form shall be transmitted Feathers for beds (including and duck feathersand down, and signee of material on List I im- by the Collector of Customs to the War mixtures thereof, now and used).. 0022. 2(0 0125/43 ported after the governing date *or a Production Board, Division of Stock- Manganese ore (including ferrugi. bank piling and Transportation, nous) or conceitrates, and man. or other person having possession Ref.. M-63, ganiferrous iron ore, containing of or an interest in awritten instrument Washington 25, D. C. 35percentand over of manganese 0211.200 V114/43 evidencing an interest in such material, (2) Other reports. All persons hav- 0211.U0 I /14/43 may process such material or may dispose ing any interest in, or taking any action MMoved from List II 5/14/43. of any interest in such material or any with respect to, any material imported N. S. C.-No separate class or commodity such written instrument, or transfer pos- after the governing date, whether as number has been assigned for the material session or change the location thereof, or owner, agent, consignee, or otherwise, as described by the Department of Commerce, cause or permit such a transfer of pos- shall file such other reports as may be Statistical Classification of Imports. session or change of location, upon writ- required from time to time by the War LIsT 1 ten authorization by the War Produc- Production Board. tion Board. Any such person may (3) Exceptions. The provisions of this NoTrE: List II amended Feb. 14, 1045. make application in duplicate for such paragraph (f) shall not apply to ma- The numbers listed after the following an authorization on Form WPB-1039 terials imported and consigned as gifts materials are commodity numbers taken (formerly PD-222A) which form shall for personal use by-or to members of the from Schedule A, Statistical Classification of be addressed to the War Production Armed Services of the United States. Imports of the Department of Commerce Board, Ref.. M-63, Washington 25, D. C. (g) Routing of communications. All (issue of January 1, 1943). Materials are in- (3) Exceptions. The restrictions set communications concerning this order cluded in the list to, the extent that they are forth in paragraph (c) shall not apply shall, unless otherwise herein directed, be covered by the commodity numbers listed to any material after any United States addressed to: War Production Board, below. If no commodity number i listed, governmental. department, agency, or Washington 25, D. C., Ref.. M-63. the description given shall control FEDERAL REGISTER, Thursday, February 15, 1915 1907

lIas 12-Continued LrsT H1-Contnued Li= H-Continued

Com- Cin. Corn I merce Govern- Mterialire co I Govern- Material Material reaco Gover. lmgcrt Iragdate mport Ing date lm9rt Ing data ClaNo- C s1No.

AgavefIber, unmanufactured, not Her mane and ial hair raw and Leather, tmaaufz.lured--ou. elsewhere specified on this order flume and drawn. including swic es ... - Steep nud tamb icatar Unu~d- (excet wasg tow bagasse N.,S. C. I 11:4 cearfagscn c~brta):, 815148 Ipeca, crude and rdvancM in .atlz.r r rha aca'_r... ~.C Agave manufactures and semi- value or cndltn...... MQX04'0 .31-1120 • 7j ,42 manufactures: .170 Glovo and, grm:nt l-atcr.. :31. ;.CO '712:42 Sisa cordage, Iluding cables, Iron and steel scrop fit only for Lth r n.I.p.I.cut ntoashce tarr or untared composed remanufacture ...... CI. 42 q. S.C. of 3 or more strands, each PatC lath' fezthainanui,- 672/42 strand composed of 2 or more manfac. 97M~42 yarns ------3417.010 1/18143 Istle or tampleo fiber, q.S.C. tured in whole or In part Gralned, cmtccd. te, or 4 7J24,_2 3417. lIt T1/18143 (dressed) ------3410.010 X33 LZ. 4cc 7/2,1427,2.42 Carpet yarns of agave, dyed or Istlo or tampico fiber manufac- Sklvcmrs...... 31.426a lndyed ------N. S. 0. '7121742 tnd. all products In whole Cordage of agave fibers, other turts qO.C. In lbs rcugli, n lbs nhbitc, '1/18143 or in part of istle) ...... N 3/ '42 cszt o: ruzzt, portly fin- than sisal------N. S.C. Estle or tumpteo fiber. unmanufac- 0.0.C laxllcrflnazk" ..-..... N.S.C. Cords and twines ofagave fibers.N. S. 0. S1/18143 tured (including Istlo wrte).... Othr (icpt govo and gar- Fabrics woven of agave fibers, N S.C. T9111/42 Tewels. for any movement, mnch. 0332.260 Other manufactures (including anaism, devifa or Instrument Latber prciuets me o bola all products in whole or in-part dutiable under paragrphs -G7 or in f bovfno.ort equfro or of agave fibers) ------NN. S.C. '1118,/43 and 33 of the Tariff Act of 1PO. 0: -n E:3 r. q. S.C. Alpargatas ------039G.500 I61-M43 or any meter or compa=s (wel Apromn..------. E127144 Beryl ore or beryllium ore. ---. 62 . COMO 5/4142 bearings) ...... Belts. trmani .a...... 7.S.C. 11=744 Beryllium oxide, carbonate and lute and manufacturm 11334 RcIO. dea-.mcd to to rcrn on other beryllium salts -3.- - - 0. S63 514/42 X.S.C. Bones, crude ...... 091L200 67/1442 Waste barging and waste mzr 6..0. 2127144 33114142 sack cloth ...... ------112342 MOa-%wmtk ...... Bristles. hoz and pig -----.------0917.000 Jute yMrs or roving. slavi.%.... C..43 "7 S.C. 0979.100 33114/42 Frctwcar (incluing elvrs) Brushes, n.s. p. I.. 32tLZ79321C VU) f,27144 Paint brushes (includingartists)- 1& IC0 9/'23143 Farmtlz,____ N.S.C. Other (except toilet brushes and 39/23/43 N. S.C. hair Jute cordage, twine and twt or Handbas and putn= , %.S.C. ff27144 pencils) ------971& 00 2 or more yarns twisted to. Ilora collr..- Cattle, ox, and calf tal hair in. gether, sie of inglo yarn or eluding switches ------269. 100 7/2f42 Cinchona bark or other bark from roving. ('J0;43 tlydraull, paking, trachaunl- be Notbtcached dyedcrotbcr. cal. and tcxtfle Lather prod- which quinine may extracted. 201.000 wK1 treated ...... acts ------.... in. S.C. Co yarn and coir manufactures- Las and then.._...... - NS.C. 2/2,14 Coir yarn ------3420.00 11/23142 3241.) C/103 Matting and articles of cocoa Lu'.:co ani rdated crtll23a 6112143 (inclaugsleaa valigs fiber (emr fiber) or rattan- -.. 3963. 000 '10/21142 Bleached, dyed cr otherwl:o 1".%32 .=V0C-0' C119:33 !at&lcLo travelin, acd over- Pile mats and floor coverings of treated ...... night b2', battoxe, thunks cocoa fiber (oir fiber)----- . f--M100 1021142 Coir manufactures (including all products of coir fiber), other 217.40 cahet3, ct.Z'bcts. roils. thanpilemats, floorcoverigs, ('11243 httf cwo.roIly an cIt or 'J7144 Bagging for cotton, gunny coth, 'lalsl) matting, etc., elsewberespeel- etc., of singlo ycrns. not Made wtol;y or in p rt of fledon this order. ------. SC. 112'142 '110:43 N.S C. 21242 Copper ... ------401.100 121_2041 bleached. colored, or printed, bosl L cat k..r....,.. 6417.100 3/14142 not exsxcding 16 threads in Q110:43 Mcrio w-bally or to part of 6127144 6430.0O0 3114142 warp and filling to the 'QurXe e~nalr? leather N. S.C. 641. 300 6/42 Inch, or lute or other verctable -ale riholy or in part of 2127144 Corundum in grams, or ground, flbcr _Cat"6ln l:at ------..N.S.C. pulverized or refined .------N.S.C. r,=-12 Bit'-, -btard,, riflo sl . 722142 Burlaps and other *ovn fabrIcs C'q10143 t o-0 r aoln i Protol &I430 Corundum ore ------5460. C60' nf lute. n a. p. f ...... S12.62 1".1X1 00 Cotton fabrics: wholly 1217.2,0 Faddk&3add5...... and mddG d... =..--_._ N.S.C. Grey tracig cloth fabric. -...... N. S. C. 11 23142 N. S.C. . 0.000 S21/42 Plain woven fabrics of jute, Tracing cloth ------3...... weighing ks than 4 oune par Loa12.oItiffa) spos~es Typewriteribbon fabuic ...... - N. S. C. 8/21/42 ...... Diamonds, rough or uncut (suit- square yard vlaguc or canti. unmanufc- able for cutting into gem stones). 5950. CO 9116/44 Woven fabrics of lute for pad- tured ...... Diamonds industrial (rough or dings or interlinins exceding h7any, drezd (a d nd uncut, not advanced in con- 30 threads in warp and filling rct ferth-r m-nuftured than dition or value by cleaving, to the squcre inch. weighing p'a~. t,;sngua...... e...... 42.T4.U0 7=421 splitting, cutting, boring, or from 436 to 12onnoes. inclusive, C,125,43 other process): Ssquare yard ...... 5:4F. 103 Mahogan1y rcu:1b (nat urthar Carbonado and ballas - 59 .100 9116144 Wovenfabrc, n.. p. f. in chief mauir2tured than -awed)-._ 42 2. 1€O Diamond dust ------5952. CO0 9/16144 value but not wholly of lute 22M V:.3 MaInil or at-n-a ccrda,_ flad- 111.41 lute slver...... =20 660 ('1143 lng eablec, tarre or untarred, Bert (Glaziers' and engravers' Jute webbing, not cecding 12 congrz-d of 3 or iro strans, 2/27/42 diamonds, not set, and min- ('11243 ers' diamonds, n. e. a., and inchls towidth -...... ch vIrani compza.zd of 2 or other industrial diamonds) . 5952. 700 116,44 Jute manufcctur-s, n. 5. p. L.... 1210.6WE (119,3 mmoyam . _. ..-...... 2417605 1815143 Juto bags or - ...... 3417.105 Q23142 Emetine and salts thereof ------N. S.C. WIanla ez ataca fitas (cecept T Fish liver oil, n.e. s.(include hall- 1. 10 godads t~.) 1412. 190 61/12144 Jute butts unmanufactmA... 2/27/4 but-liver oil) ------2220.210 322.60) 1uiacr atzaaa t-s (Tgrozaconly) Graphite or plumbago: lute. ununufatured...... 121.600 2.alacruasa.a filerinnufa.turea 3II f42 Amorphous, natural (except of Kapok...... ----- (lao) all manl or eaca v. 1418342 Lead manufactures: Mexican origin) ------5730. 100 '1212/410 Collapsible tubus manufactured 4211 N. S.C. Crystalline flake ------5730.500 in whole or inpart of led or 2.feahtafla... N.S..0. 2/3,42 Crystalline, crucible lump and lead alloy, filled or empty. ... 9432 mctaUletryllum, c:c m, Ilthf- 3J14'12 chip graphite....------5730.610 '48/42 1330.570 Crystalline, dust and other l, manufactured n r hole or u. and pata.umn..n.d. -- 7/24142 in part of lead or lead alloy... N. S.C. t22.810 3214423/28142 crystalline lump and chip •41'8/42 Storage battores (lea c.ld 7TTO/42 2312. 540 3114:143 graphite ..------5&7 630 tYpe) .. ,...... N.B.C. Hair, curled ------'. g00 6129/44 Hemp (Cannabis Sativa type Leather unmnuf.atred: 470X42 only) unmanufactured: Chamols athrr...... S7r.642 2220.49 121'42 Hackled including "line of 0335.3,10 hemp"------.------.. 323. 00-3 59/11142 Not hackled...... - 3M200 £9111/42 incL r1GL CEO 5?14142 9/11/42 Ooatskin and kidskin leather OU03 '7242 E361.210 Tow ...... 32=. Z00 04%-- ;:N- 27242 Hides and skins:. (except vegetable-taned).. £7j3'42 U11. NO 3 43 Buffalo bides, dry and wet - 0--3.60 0203. 100 211. CE0 Buffalo hides (India water buf- 31141 Leather made from hidcs cr 1'GN,1ZOQ_ L2:2/42 falo, foruse m rawhide articles) aldus of cattle of tho bovirno Z/Z442 dry and wet ... ..------0209.000 911144 031. C) 0209.100 0/1144 spcies -- 2314.220 Cabrettaskmsorharsheepskms M&06O 7/2/42 Leather mcdo fromn hide® S.C. Calf. dry and we.. .. 0 O.00 1/13/42 radns of mi of the cquine OM.Ceo Rough eLfou . d cr (lad. PyTehum onir cct fle-, as.... 1/13142 Pyrellrma or lmcct fl-,,ers, ad- Cattle hides, dry and wet...... 020L 000 1/13142 lIdi-tand): . 0202.00 van:c1 ainvlus or conmdtf.... 2=,,D310 SPI242 Veetble-tanced gEat and P=;nf ctr... _ . N. S.0. Deer. buck or doe ...... --.. 0293.100 C=D0 7/2442 .WU4C414 Goat and kid skins, dry and wet 024L CO 7/2142 Oncbmho W¢_t 'XM.CCO 0242. 00 7/2/42 C,_.Q 7g3 Kip, dry and wet ------0205. (00 1/1342 See footnotes at end of table. SLe footnote at end of table. c. COD No. 33----8 1908 FEDERAL REGISTER, Thursday, February 15, 1945

LIST zr-Continued LIST III-Continued processing, or shipment of slch released or withdrawn List II and List Il materials. As to List I materipis which are similarly Com- Corn- Material merce Govern- Material merce Govern- situated, no authorization under paragraph Import log date Import lng date (b) of the order Is necessary for their release ClassNo. Cass No. or withdrawal from free port, free zone, or bonded custody, but authorizatioRn under Quinine salts or alkaloids from cin. Bone black, bone char. and blood paragraph (d) of the order Is neceisary for chona bark: char ...... 0990.130 7/2/42 their subsequent disposition, processing, or Quinine sulphate .....------8102. CCG 315143 Casein or lactarene ...... 0943. 000 7/2/42 shipment unless they are shipped in bond to Quinine alkaloid ------8103. 200 3/5/43 Congo gum copal ...... N.S. C. 1/12144 ther salts and derivatives of Cotton linters (all grades) ...... 3005.000 7/2/42 Canada, Mexico, or some other foreign coun- quinine ------8103. 306 315143 Cotton. raw (all staple length) .... 3001.000 7/2142 try, in which event the foreign destination Cinehonidine and its salts ------8103. 400 3/5/43 3003.00 7/2/42 is deemed to be the place of initial storage an Cincionine and its salts....- 8103. 500 315143 3003.700 7/2/42 such term is used In the order, Provtidcd, Rulnldine and Its salts ...... 8103. C0C 3/5143 300.800 7/2142 however, That lotaquine and totaquine com- Cotton waste ...... 3001%350 7/2/4' List I materials which are Im- pounds ...... N S. 0. 3/5/43 Glue stock, not elsewhere specified. 0930. 900 8/5143 ported in bond after July 2, 1042, can be led squill...... 2210.650 710121/42 Hide cuttings, rw 0930. o0 7/2/42 shipped to Mexico, Canada, or some other Itotenone bearing roots (cube root HIde splits, limed, pickled or dried foreign country without the express aUthori- (timbo or barbasco), derris and (suitable for manufacturing into tuba), crude and advanced ..... 2210.280 '5/4/42 leather) ------N. S.C. 1/12/44 zation required under paragraph (d) only if 2210.300 '5442 Hides and skins: the import application filed under paragraph 2220.360 75/4/42 Horse, colt, and ass...... 0211.100 7/2/42 (b) stated that the material was being im- 2220.370 75/4/42 0211. 300 7/242 Shark-liver oil, including oil pro- 0212.100 7/2/42 ported for the purpose of such export ship- duced from dogfish livers, n. a. 0212. 200 7/2142 ment. (Issued June 30, 1042, and amended 0212. 300 7/2/42 Sept. 23, 1943.) :f------. . .. 008. 730 1/12/44 0212. 00 7/2/42 Cocoons...... 3703.CO 10/21/42 Sheep and Lambskins except INTEaxAzioN 2 Partially manufactured silk, and Shearlings, Cabrottas, etc.. silk sells exceeding 2 inches in Pickled skins, not split no wool 0234.000 1/2/42 The following official interpretation is here- length, not twisted or spun... 3799.00( 10/21/42 Pickled fleshers, split, fesh side. 0234. I0s 7f2142 Raw silk In skeins, reeled from Pickledskivers,split,grain side. 0234. 200 7/2/42 by issued by the War Production Board with the cocoon, or re-reeled, not Lignale oil or Bois de Rose..... 2280.270 7/2142 respect to the meaning of the term "in wound, doubled, twisted, or Sisal ann heanequen flume tow transit" as defined In paragraph (a) (8) of advanced ------3702.000 10/21/42 and bagasse waste ------N. S.0. 118/4.R Silk waste .....------3704.000 10/21/42 Tapioca, tapioca llour, and cassava General Imports Order M-63 (f 1042.1) as Wild silk or tuqsab ------3702 100 1012142 (ncluding mandoica flour) .... 1228. COO 7/2/42 amended: Silver: Wool,'apparel, 40's or coarser, ex- Ores, concentrates, and base bul- cept on the skin ...... 3506. 000 7/2/42 By amendment dated December 17, 1942, lion, valuable chiefly for silver 3507.100 712142 the definition of material "in transit" was content ------0 819. 00 7/21/42 307.200 7/242 changed by adding the following clause, "or Bullion, refined ------819. 600 7/21/42 3507.100 7/2/42 Coin, foreign ------0 819. 0 7/21/42 3505.100 7/2/42 if it has actually been delivered to and ac- Sweepings and scap, including 3509. 00 7/2142 cepted by a rail, truck, or air carrier, for silver sulphides ------19. t0 7/21/42 3510 200 7/2/42 transportation to a point within the con. Semiprocessed Items, valuable 3W0.300 7/2/42 chiefly for sliver content ------N. S C. 7/21/42 Wool,apparel, finer Ihan 44'Sl, x- tinental United States." Thbe question has Compounds mixtures and salts, cept on the skin ...... 3520. 000 7/2142 been raised as to the meaning of the term valuable chiefly for silver cn- 3521.100 7/2142 tent. ------N.S. C 7/21/42 3521.200 7/2/42 as applied to a case where the material on Sisal and hencquen. unmanufac- 3521.00 7/2/42 the governing date bad been delivered to and tured (except flume tow and 3522.000 7/2/42 accepted bagasse waste) ------N. S.C. 1/18/43 3523.100 7/2/42 by a rail, truck, or air carrier on a Urena lobate fiber . .------N. S.C. 10/6/42 3523.200 7/2142 through bill of lading for transportation to Yucca fiber ------N. S.C. 3/5/43 3523.200 7/2/42 a specified port and from thence by boat to Zinc blocks, pigs or slabs- 6-5.M00 12/28/41 3526.00 7/2/42 3527.100 7/2142 a point within the continental United States, ,Moved from List 1 1/3/44. 3027.200 712142 The material in the stated ease is not 3527.300 7/2/42 deemed to be in transit within 'Moved from List 13130144. 3528.000 7/2/42 the meaning 3Moved from List 1 3/10/44. 3529.100 7/2/42 of the term as used In the order. If the ma- I Moved from List III f/17/44. 3529. 200 7/2142 terial is to be carried to the port of arrival sIfoved from List I 113/44. 3529. 300 7/2/42 6Moved from List In 11113/44. Wool apparel, (finer than 40's but in the continental United States by ship, SMoved from List 1 12/28/44. not finer than 44's)i except on the material must have been afloat, or an on aMoved from List ITI 2/1145. the skin ------3513. 000 7/2/42 board 3514.100 7/2/42 ocean bill of lading must have been N. S. C.-No separate class or commodity 3514. 200 7/2142 issued witn respect to it, on the governing number has been assigned for the material 3514.300 7/2/42 date in order for it to be considered as having as described by the Department of Commerce, 3524.000 7/2/42 been in transit on such date. Statistical Classification of Imports. 3525. 100 7/2/42 3525. 200 7/2142 Material which has been delivered to and 3525. 300 712/42 accepted by a ral, truck, or air carrier on LIST In Wool. carpet, except on the skin .... 3501.000 7/2/42 7/2/42 the governing date for transportation to a NoTE: List rrT amended Feb. 14, 1945. 350O200 7/2/42 point within the continental United States 3502.1.00 7/2/42 The numbers listed after the following is deemed to be in t'ansit within the meaning materials are commodity numbers taken of the term as used in the order only when from Schedule A, Statistical Classification of 1Moved from List 11 9/23/43. the transportation specified in the bill of Imports of the Department of Commerce 2Moved from List 11/8/44. 3 Moved from List 1 3/30/44. lading issued by such carrier calls for de- (issue of January 1, 1943) Materials are in- livery of the material at the port of arrival cluded in the list to the extent that they are N. S. C.-No separate class or commodity covered by the commodity numbers listed. number has been assigned for the material in the continental United States by rail, below. If no commodity number is listed, as described by the Department of Commerce, truck, or air carrier, not by ship. (Issued the description given shall control. Statistical Classification of Imports. March 5, 1943.) INTMulI=ATIoN a INTERPRrATION 1 Com- When by amendment of the order a mate- Material merce Govern- No authorization Import ing date under paragraph (b) of rial already on List Il or List InI is moved to Class No. the order is necessary for the release or with- List I and hence becomes subject to the drawal of materials on List HI or List 131 from restrictions of paragraph (a) covering the a free port, a free zone. or the bonded Agave fibbr processors' mill waste custody disposition, processing, transfer, or ehange of the United (including sisal and henequen States Bureau of Customs of location of such material, the governing processors' mill waste) ------N.S.C. 8/5143 (bonded warehouse) in the continental Agave flume tow and bagasse 815143 date for the application of such restrietiono waste not elsewhere specified on United States regardless of the date when is the effective date of the amendment by 8/5/43 such materials first entered such place. thisorder ------N.S.C. The which the material was moved to List I and Balata, Coquimna (rude and actual Importation, which Is the subject of washed) ------. .. O. 5/27/44 not the date when such material lIat became restriction under paragraph (b), is Balata, Massarunduba ------N. S. C. 315/43 deemed subject to General Imports Order M-03 Balats, Peruvian chicken-wire- N.S.C. 5/27/44 to have occurred before the question of re- Blalota, reruvian F. .Q..Q white.. N. S.C. 3/5/43 (Issued May 14, 1943.) Bahi, not elsewhere pccfled on lease or withdrawal arises. Also no authori- the order -....-----.------N.S.C. 10/1144 zation under paragraph (d) of the order is IF. R. Dec. 45-2540: Filed, Feb. 14, 1045; See footnotes at end of table. necessary for the subsequent disposition, 11:17 a. m.] FEDERAL REGISTER, Thursday, February 15, 1915

PART 3175-REGuLATIoNs APPLICABLE To manufacturing the Clams A product covered will have, Inventory and receipts of weed pulp THE CONROLLED MATERIALS PLAN by the special allotment. This restriction lez. than the amount of wood pulp he is applies only to the quarter or quarters cov- authorized on Form VWPB-2373 to consume, [CIP Reg. 1, Direction 22, as Amended Feb. ered by the special allotment. However, when ho shall not u=3 in the production of grades 14,1945] a consumer has returned customer'a allot- of paper and paperboard other than those ments, as provided by paragraph (c) (4), in SPECIAL ALLOTMENTS listed in paragraph (d) below more wood the full amount of the spccial allotment pulp than tho amount calculated by sub- The following amended direction Is made to him for any one quarter, the con- tractlng (1) the amount of his above-men- issued pursuant to CP Regulation 1. sumer may use allotments from his custom- tioned shortaae of wood pulp from (2) the ers during the rest of the quarter just as total amount of wod pulp he Ls authorized (a) Purpose. (1) This direction outlines though the special allotment had never been on Form WPB-2373 to usa in the production the way in which a manufacturer of Class A made. products who does not receive allotments of grades of paper and paperboard other (2) Authorized controlled material orders than thome listed in paragraph (d) below. from his customers in time to permit him placed, or allotments made, on the basis of (d) Grades of paper and Paperboard to make full use of them, may apply for a allotments received from customers (includ- hartng preferred production status: special allotment. ing SO orders received) prior to recelvlng tho [Ilorz: Itemn 033310 and 053320 deleted (2) Special allotments will not be granted special allotment need not be changed, but February 14. 1945] except in extraordinary cases of urgent need the consumer receiving the special allot- where a clear showing- is made that failure ment must deduct from it the quantity of Item No. to make the allotment will actually cause such orders and allotments for the cme from Gradesof Paper or an interruption of production to the det- quarter. 17PB-2973 Paperboard riment of the war effort and that the ap- (3) A manufacturer receiving a special al- plicant has made a diligent effort to obtain 021120 MLmeograph lotment must not deliver any Cla A product 021930 Target paper allotments from his customers and has been made out of controlled materials covered by unable to do so. The showing of 031600 Offst these the allotment to any customer unless the 033000 Postal card (Government) facts must be set up in the letter of trans- customer furnishes the manufacturer with 041130 Rag manifold mittal covering the application. an allotment and an authorized production 041141 Mimeograph (rug) (3) Usually manufacturers applying for a schedule. 04110 Rag map, and chart paper other special allotment will be either those who (4) A consumer receiving a rpeclal allot- than wet strength map paner ment must, are several steps removed from a prime con- not later than the fifth day of 041230 Chemical wod pulp manifold sumer and where unavoidable delay is in- each calendar month following receipt of the 041241 Lilmeoraph (chemical) special volved in passing allotments down or those allotment, return to the Claimant 041261 Chemical weed pulp wet strength engaged in long cycle operations whose cus- Agency or Industry Dlvion making the map paper tomers are not able to furnish them with special allotment all allotments received 041263 Chemical wood pulp chart and map advance allotments. from his customers for the manufacture of paper other than vet strength (4) Special allotments will not be granted the Class A product covered by the special mao paper allotment, and must report allotments re- to prime consumers. 043110 Rag content blueprint, brownprint, (b) How to apply for special allotments. calved and used prior t6 receipt of the spe- and similar b.-a stock Applications for special allotments should be cial allotment. The return of allotments 043130 Rag content photographic and simi- made on Form CMP-4B. The following varl- and reports must be made on Form CLIP-23. lar sensitizing stock (d) Quarters for thich special allotments ations from the instructions for preparing 043210 Chemical wood pulp blueprint, the form must be observed: will be made. This special allotment proce- brorwprint. and similar bass stock (1) mark the application "Special Allot- dure will be used only to make allotments 043220 Chemical wood pulp photographic ment Procedure" in Item 3 of the heading. through the 4th quarter of 1945. unless baryta stock (2) Insert in Item 4 of the heading the further extended. 043230 Chemical wood pulp photographic, description of the A product covered by the other than baryta application. Issued this 14th day of February 1945. 047100 Carbonizing paper (3) The applicant must show in section WAR PRODUCTIN BOiBD, 047200 Condenzer tissue Ir his total ,anticipated ,production schedule 051200 Greaseproof By J. JOSEPH WHELAn, for the Class A produ6t covered by the ap- 051300 Glasslne plication to be produced from the allotments Recording Secretary. 05140 Vegetable parchment for the quarters for which application is [F. R. Doe. 45-2538; Filed. Feb. 14, 1945; 05160 Unbleached kraft wrapping made. 11:17 a. m.] 053110 Asphalting. Including creped or crap- (4) The applicant must show in section ing stock for a-phalting I his total requirements during the quar- 053120 Creping. including creped or ereping ters covered by the application to fill the PART 3281-PuLP ANm PAPER stock not for usphaltIng and not total anticipated production schedule shown including toweling in section II. [General Preference Order 21-93. Direction 1, 053400 Twisting and spinning (over "18) (5) Section IV must be filled out in ac- as Amended Feb. 14, 1945] 053500 Waxing (18- and up) cordance with the instructions. OZ5303 Basa Stock for Ordnance Wrap PREFERRED STATUS OF CERTAIII DELIVERIES (6) The applicant must show in section 054100 Multi-wall ba, and shipping Eack V the quantity of controlled materials for AID USES OF WOOD PULP paper which a special allotment Is required which The following amended direction Is 054300 Other cpecifications shipping sack paper will be the difference between the quantities Issued pursuant to General Preference shown in section Mlr and the quantities 050100 Abrasive paper backing Order M-93: shown in section IV. 000200 Cable paper (7) All other information cahled for on (a) Reasons for tis dircction. A pro- 00000 Electrical Insulation and armature the CMP-4B application, including shipment ducer's output of rood pulp is allocated by paper and paperboard by preference ratings and Claimant Agencies the War Production Board for his own use3 0C0400 Gasket paper and paperboard (ex- (section I), must be given by the applicant. and for delivery to other consumers on the cept dense fire) The application should be filed with the basis of the amount which he reports to the 0C0700 Tabulating card stock War Production Board Ref: Special Allot- War Production Board as his Cetimated out- 0C0320 Tag so k including light manila ment Procedure, and must be accompanied put. If he over-estimte his production, It board by a letter of transmittal explaining fully Is necessary and appropriate In the public 071000 Sanitary napkin stock why the applicant feels he is entitled to interest and to promote the national defen-e 072001 Industrial toweling stock special treatment. to assure that this does not rcsult In cutting 0731O0 Toilet ti-ue stock, regular (8) In those cases where the applicant off wood pulp from the Consumers to whom 074001 Industr al mapkn stock has been instructed by a particular Claim- it was allocated and who have no other courc O0000 Twistlin ti-sue ant Agency or Industry Division to file an of supply for the continuance of their mini- 000 Fruit and vegetable wrapping tisue application for a special allotment he should mum operations, and to a-cure that any 114000, Vulcanzing fibre stock indicate the name of the Claimant Agency necessary reductions are made In thoe grades 110000 Resn Impregnating stock: or Industry Division in Item 1 of the heading. of paper and paperboard not listed In para- All Items in Subshedule F-I, all grades (c) Conditions on use of special allotments. graph (d) below. of container board (211000 through 219000) Conditions on the use of special allotments (b) Producers. If a prcducer is unable will be imposed in the letter of traunittal during any calendar quarter to male all de- 2Z4001 M1lk bottle itckz accompanying Form CiP--150 on which liveries which he has been directed on Form 2124002 Mlk bottle hood-and lip cover stock the special allotment will be made. Among N7PB-699 to make, he shall reduce his de- 224003 Liquid tight container stock the conditions will be the following: liverles to himself to the extent neceaary to 2240GI Cup and round nested food container (1) A consumer receiving a special allot- complete all deliveries to consumers other stock ment must not use any allotment received than himself. 224005 Cup lid stock from his customers to purchase controlled (c) Consumers. If a consumcr during any 224000 Ice cream and frozen food Ceontainer materials or Class A products needed. In calendar quarter has, or anticipates that ha tock 1910 FEDERAL REGISTER, Thursday, February 15, 1945

Item No. Chapter XI-Office of Price Admimstration Nickel content: Additional chargo from Grades of Paperor Under 0.50% ------No extra WPB-2973 Paperboard PART 1306-IRoN AND STEEL 0.50% to 0.74% Inc ------$2.00 224007 Butter carton stock 0.75% to 0.99% Inc------. 8.00 224008 Milk bottle plug cap stock [RPS 10.1 Amdt. 10] 1.00% to 1.24% Inc ------4.00 228200 Double kraft lined arsenal board gnd 1.25% to 1A9% Inc ------600 similar specifications PIG IRON 1.50% to 1.74% Inc ------0.00 251100 Ammunition container board and 1.75% to 1.99% Inc ------7,00 similar specifications for armed A statement of the consideration in- forces volved in the issuance of this amend- and In the same progression above 1.99%, 256000 Dense fibre ment, issued simultaneously herewith, Exception. Struthers Iron and Stilel 263000 Liner for gypsum or plasterboard has been filed with the Division of the Company, Struthers, Ohio, may. charge Federal Register.* $0.50 a ton In excess of basing point base Issued this 14th day of February Section 1306.56 is-amended to read as 1945. prices for No. 2 foundry, basic, bessemer follows: and malleable. WAR PRODUCTION BOARD, § 1306.56 Appendix A. Basing point By J. JOSEPH WHELAN, This amendment shall become effec- base prices for pig iron (per gross ton- tive February 14, 1945. Recording Secretary. 2,240 lbs.) switching charges; certain [F R. Doc. 45-2541; Filed, Feb. 14, 1945; differentials. Issued this 14th day of February 1045, 11:17 a. m.] CHESTER BOWLES, Administrator [F. R. Doc. 45-2544; Filed, Feb. 14, 1046 11:39 a. m.] PART 3291-CCoNsumERs DURABLE GOODS [Limitation Order L-30-b, Direction 2] PART 1378-COMMODITIES OF MILITARY SPECIFICATIONS FOR WAR PROCUREMENT ENAIELED COLD PACK CANNERS Bethlehem Pa .-.. $26. 00 O$27.0. 06 -$2. -- Everett, lRass 26.00 50 27.00 2..50 AGENCIES The following direction is issued pur- Swedeland, 'a - 26.00 2&50 27.00 26.50:... [MPR 157,1 Amdt. 16] suant to Limitation Order L-30-b: Steelton, Pa ..... ------.---- 25.60------$30.60 Birdeboro, Pa- 26.00 25.50 27.00 26.50 30.50 SALES AND FABRICATIONS OF TEXTILE, AP- (a) What this direction does. This direc- Sparrows Point, Md -_ 26.00 2 5 ...... tion is designed to provide for the production Erie, Pa ------25.00 24.50 26.00 2O5..... PAREL AND RELATED ARTICLES FOR ILI- Neville Island, Pa 25.00 24.50 25.50 26.00 ----- TARY-PURPOSES of enameled cold pack canners for use In the Sharpsville, Pa ------25.00 24.50 25.0 25.00. 1945 canning season. BufIalo, N.Y ------125.00 24.00 26.00 25.' 10.60 A statement (b) Definition of enameled cold pack can- Chicago, IlI ------225.00 24.50 50 25.00. of the considerations in- ner. An "enameled cold pack canner" is a Granite City, I- 25.00 24.60 25.60 25.00 volved In the issuance of this amend- Cleveland, Ohio------25.00 24.60 250 25.00 ------ment, issued simultaneously herewith, covered utensil made of vitreous-enameled Hamilton, Ohio ----- 25.00 24.50 -.... 25.00 -.---- Iron or steel having a capacity of from 17 to Toledo, Ohio------25.00 24.50 25.60 25.00 .... has been filed with the Division of the 25 quarts which may be used for canning Youngstown Ohio.... 125.00 24. 0 25.60 25.00. Federal Register.* food products and is designed to hold 7 one- Detroit, Bicl .------2.5.00 24.50 2&50 25.00 ------Duluth, Minn----- 25.50 25.00 26,00 2. 0 .. Maximum Price Regulation 157 is quart jars, 9 one-pint jars or 4 half-gallon Birmingham, Ala- ---- 21.38 20.00 26.00 ...... amended In the following respects: jars. Provo, U tah ------23.00 2.5 0...... - ...... (c) Number and sizes of cold pack, canners 1. Section 1378.1 (c) (1) (1) (a) Is that may be made. In addition to his civilian added to read as follows: quarterly quotas of iron and steel for enam- HIOH-SnaCON, SILVERY (c) Asbestos yarn and cloth, and eled ware under paragraph (e) of Order (Base Silicon 6.00 percent to 6.50 percent) combination glass and asbestos yarn and L-30-b, any manufacturer may between Feb- Jackson County, Ohio ------cloth. ruary 14, 1945 and September 30, 1945, in- $30.50 clusive, use sufficient iron and steel to make Buffalo, New York ..------31.75 2. Section 1378.1 (c) (1) (I1) is not more than 50% of the number of enam- GRAY FORGE amended to read as follows: eled cold pack canners he made in the twelve months ending June 30, 1941. He may make Valley or Pittsburgh Furnace ------$24.50 (Ill) Wearing apparel, including find- only one size of them under this Direction, CHARCOAL ings, and other individual, organiza- which may be in addition to any sizes he tional, or ship's personnel equipment makes within his civilian quota under Order Lake Superior Furnace_ ------$34.00 made In whole or In part of any of the L-30-b. Each cold pack canner made under Lyles, Tenn. High Phos. Furnace.... 28.50 Lyles, Tenn. Low Phos. FurnacQ_..-..33. 00 -materials listed in (1) and (HI) above, or this Direction must be deep enough to cover the materials listed In (I). (c) above, a standard one-quart jar with at least one Switching charges. Basing point base Inch of water, and no cold pack canner made prices are to be subject to an additional This amendment shall become effec- under this Direction may be sold as a stock tive February 19, 1945. pot. charge for delivery within the switch- (d) The WPB may authorize additional ing limits of the respective districts. Issued this 14th day of February 1945, cold pack canners. If necessary to meet the Silicon differentials. Basing point base CHESTER BOWLES, approved program for enameled cold pack prices are to be subject to an additional Administrator canners the War Production Board may au- charge not to exceed $0.50 a ton for thorize In writing any manufacturer to ex- [F. R. Doc. 45-2545; Flied, Feb. 14, 1045; ceed his quota for them under this direction, each 0.25 percent, or portion thereof, sili- 11:39 a. m.] Including any one who has no quota. Any con content in excess of base grade (1.75 manufacturer who has additional facilities percent to 2.25 percent) available for this purpose should file a letter PART 1439-UNPROCESSED AGRICULTURAL Phosphorusdifferentials. Basing point COMMODITIES with the War Production Board, Washington base prices are to be subject to a reduc- 25, D. C., Ref: L-30-b, stating the number he [MPR 426,2 Amdt. 851 wishes to make and the facilities he has for tlon of $0.38 per ton for phosphorus con- this purpose. Each application should also tent of 0.70 percent and over. FRESH FRUITS AND VEGETABLES FOR TABLE be accompanied by a CMP-4B application Manganese differentials. Basing point USE, SALES EXCEPT AT RETAIL for any additional steel which is needed and base prices are to Form WPB-3820. be subject to an addi- A statement of the considerations in- (e) Wire racks. Wire racks may be made tional charge not to exceed $0.50 a ton volved in the Issuance of this amend- of carbon for each 0.50 percent, steel for use in the enameled cold or portion thereof, 19 P.R. 11059. pack canners to be produced under this direc- manganese content in excess of 1.00 per- '8 P.R-. 16409, 16294, 16519, 16423, tion. 17372: 9 cent. F.1. 790, 902, 1581, 2008, 2023, 2091, 2493, 4030, Issued this 14th day of February 1945. Nickel differentials. Basing point base 4086, 4088, 4434, 4786, 4787, 6920, 5929, 0104, prices are to be subject to an additional 6108, 6420, 6711, 7259, 7268, 7434, 7426, 7580, WAR PRODUCTION BOARD, charge for nickel content as follows: 7583, 7759, 7774, 7834, 8148, 0006, 0000, 0289, By J. JOSEPH WHELAN, 9356, 9509, 9512, 9549, 9785, 9890, 9897, 10192, Recording Secretary. *Copies may be obtained from the Office of 10192, 10499, 10877, 10777, 10878, 11350, 11634, 11546, 12038, 12208, 12340, 12341, 12263, 12412, [F. 1. Doec. 45-2539; Filed, Feb.- 14, 1945; Price Administration._ 12537, 12643, 12958, 12973, 1307, 13138, 13205, 11:17 a. m.] 17 P.R. 1236. 13761, 13934, 14062, 13995. FEDERAL REGISTER, Thursday, February 15, 1915

ment has been issued and filed with the Section 21 Is amended in the following PAllT 1388-Dnrx;s-RiNm ARAS; Division of the Federal Register.* respects: Maximum Price Regulation No. 426 is [Houzlng. Atlantic County Area Corr. to Amdt. 81 amended in the following respects: 1. The table following paragraph (c) (1) Is amended by changing the prices RESORT HOUSING 1. Section 2 is amended to read as fel- of certain Items to read as follows: lows: The dates In the first sentence of sec- tion 1 (b) (7) are corrected to read "June SEC. 2. Sales of imported fresh fruits or 1, 1945" and "September 30, 1945." vegetables. This regulation applies not mum j1rlm3 mum only to domestic fruit and vegetables but Issued and effective this 14th day of also to fruit and vegetables imported into February 1945. the continental United States from a ter- Fer 0., CHEs=r BoWLEs) ritory, possession or foreign country. Garlic...... 37 1,zr lb ...... Admrnzstrator. pri- Onions dry, all cin...[. S2. r.r "9Jlb. . .07 However, as the regulation is drawn Potaioe, 125 L1 Whflti..K 8FiprC.lT~~[F. R. Dzc. 45-2550; Filed, Feb. 14, 1945; marily for domestic produce, certain of 11:40 a. in.] its terms are inappropriate to imported produce. Accordingly, the maximum 2. The table following paragraph (d) price for the first sale of imported pro- (1) is amended by changing the whole- PnTr 136--Moron VEn cr .Dm Mo or duce after its entry into the continental sale maximum price of apples from VEHIcr En-.Irr United States must be determined as "$5.25 per box" to "$8.48 per box" and [MPR 540 Inl. Amdts. 1-5, Corr.] though the seller were a grower or coun- the retail maximum price of apples from try shipper under Appendix H or I, a "$0.17 per lb." to "$0.22 per lb." ZL== PRICES FOn USED PASSEI7GEa AUZIOB grower-distributor under Appendix J, or This amendment shall become effective a shipping point distributor under Ap-- as of January 15, 1945. Section 6 (d) (2) of Maximum Price pendix K. The maximum price for any Regulation 540, incl. Amdts. 1-5 is cor- sale of imported produce must be deter- Issued this 14th day of February 1945. rected by changing the figure "30%" to mined as though that produce has been CHESTER BOWLES, read "70%" entry and as produced at its port of Administrator. This correction shall be effective as of though that were its country shipping February 1, 1945. point. [F. n. Doc. 45-2547; Filed. Feb. 14, 1945; 11:39 a. m.] Issued this 14th day of February 1945. 2. In sec. 15, Appendix H, paragraph (c) the table is amended in the follow- CHESTER BOw7LES, ing respects: Administrator. a. In Item 6, Column 3, the words PART 1418-Tnzxoxs tam Poss ious [F. R. Dic. 45-2349; Filed. Feb. 14. 1845; "(containing 72 bunches or more and 11:40 a. m.] with a mnmnuum net weight of one pound [MPR 373, Amdt. 1271 per bunch)" are added after the words "L. A. crate." GROCERY rTEZS IN HAWAI TITLE 49--TRANSPORTATION AND b. The subheading to Column 9 is A statement of the considerations In- RAILROADS changed to read "half container or larger volved in the issuance of this amendment, or in bulk in any quantity." issued simultaneously herewith, has been Chapter I-Interstate Commerce 3. In section 15, Appendix I, paragraph filed with the Division of the Federal Commission (c) the second sentence in Footnote 1 Register.* [S. 0.2S21 of Tables 2, 3, 6 and 7 and the first sen- in the following 8 are Section 21 Is amended PART 95-CAl SERVICE tence in Footnote 8 of Table respects: amended, in each case, to read as fol- IESlTfCTIONT OF BUN ,RAND 1112OP ICING lows: 1. The table following paragraph (c) At a session of the Interstate Com- For citrus fruits packed in bushel baskets (1) s amended by changing the whole- merce Commission, Division 3, held at its with a net content of - that of "standard" sale maximum prices of garlic from office In Washington, D. C., on the 13th or "legal" containers, and packed "fairly "$0.37 per lb." to "$0.38 per lb." and po- day of February, A. D. 1945. tight" or tighter, or packed In accordance tatoes, U. S. #1 Whites, from "$4.85 per It appearing, that refrigerator cars with any applicable law, the maximum price in each case is % of the maximum price for 100 lb. bag" to "$5.00 per 100 lb. bag"- loaded with fresh fruits and vegetables the same citrus fruits packed in "standard" by deleting the item "Onions, dry, all are arriving at destinations in certain or "legal" 1% bushel containers. colors" and adding two new Items to read areas described herein with excessive as follows: amounts of bunker and top Ice therein, This amendment shall become effective and that the loss of time necessary to February 19, 1945. remove the excess Ice and recondition Issued this 14th day of February 1945. the cars before they can again be used mum prIum mum for transportation is causing undue delay CHESTER BoWLES, re in the use, control, supply, movement, Administrator distribution, exchange, interchange and Approved: February 7,1945. pir 1!'. return of such cars; the.Commisson is Onion, dry, Orqpon and MOM7rrZ91b.t,..52.875 of opinion an emergency requiring inme- M&RVIN JONES, California, yellow. Onions, dry, Austmllan 3.4 clb.big.. .10 diate action exists in the sections of the War Food Administrator brown .nd Utah ycl. described herein, it is ordered, low. country [F R. Doc. 45-2546; Filed, Feb. 14, 1945; that: 11:39 a. m.] (a) Buner ice restricted. No common 2. The table following paragraph (d) carrier by railroad subject to the Inter- PART 1418-TERrIOM AND POSSESSIONS (1) Is amended by changing the whole- state Commerce Act, on refrigerator cars sale maximum price of Oranges from loaded with fresh fruits or fresh or green [MPA 373, Amdt. 1261 "$5.65 per box" to "$5.60 per box" vegetables consigned or reconsigned to GROCERY ITES IN HAWAII This amendment shall -become effec- any point located in Canada, or in the A statement of the considerations in- United States in the States of Montana, tive as of January 26, 1945. North Dakota, South Dakota, or M!inne- volved in the issuance of this amend- Issued this 14th day of February 1945. sota, or east of the Mississippi River and ment, issued simultaneously herewith, north of the northern boundaries of the has been filed with the Division of the CHESTER BOWLES, States of Tennessee or North Carolina, Federal Register.* Administrator 19 P.R. 6319, 8254,10189,10634,11349,12415, *Copies may be obtained from the Omce IF. R. Doc. 45-2648: Filed. Feb. 1', 1945, 14937; 10 F.R. 320. of Price Administration. 11:40 a. m.] 210 P.a. 1381. FEDERAL REGISTER, Thursday, February 15, 1945 shall reice such cars at any point in the in the spring, summer and fall-months United States within the above defined Notices of each year during the life of the con- territory with more ice than is necessary tract, the following quantities of natural to bring the ice in each bunker up to, gas: but not above, fifty percent (50%) of that FEDERAL POWER COMMISSION. (a) During each twelve-month period bunker's capacity. throughout the life of such contract and (b) Retop icing restricted. No com- [Docket No. G-619] any renewal or extension thereof, 5 500,- 000,000 cubic feet; mon carrier by railroad subject to the PANHANDLE EASTERN PIPE LINE Co. Interstate Commerce Act, on refrigerator (b) Such quantities In addition to the cars loaded with fresh fruits or fresh or NOTICE OF APPLICATION foregoing as Applicant, upon specific re- green vegetables consigned or recon- quest of the Canadian Company, may signed to any point located in Canada, FEBRUARY 12, 1945. ,elect to deliver up to, but not exceeding, or in the United States -in the States of Notice is hereby given that on Janu- 15% of the aforementioned quantities; Montana, North Dakota, South Dakota ary 31, 1945, an application was filed that the contract specifically provides or Minnesota, or east of the Mississippi with the Federal Power Commission by that Applicant shall be under no obliga- River and north of the northern bounda- Panhandle Eastern Pipe Line Company tion to deliver any gas to the Canadian ries of the States of Tennessee or North ("Applicant") a Delaware corporation Company during the months of January, Carolina, shall retop ice such cars at any having its principal offices at Kansas February, March and December of each point in the United States within the City, Missouri, and Chicago, Illinois, and year. above defined territory; nor shall retop which owns and operates an integrated Reference is made to the notice of ap- ice suc'h cars at any point or points in natural-gas pipeline system situated, in plications published on January 26, 1945, the United States not located in the the States of Texas, Oklahoma, Kansas, in Volume 10 of the FEDERAL REOISTER at above defined territory with more than a Missouri, Illinois, Indiana, Ohio and pages 1056-1057. In the matter of Pan- total of five thousand (5,000) pounds of Michigan, for the issuance to It of a cer- handle Eastern Pipe Line Company, Doc- retop ice. tificate of public convenience and neces- ket Nos. G-611 and G-612, In which re- (c) Application. The provisions of sity pursuant to section 7 of the Natural spective proceedings Applicant seeks (1) this order shall apply to all carload ship- Gas Act, as amended, to authorize Ap- a Presidential Permit, pursuant to Exec- ments of fresh fruits or fresh or green plicant to construct and-operate the fol- utive Order No. 8202, for the construc- vegetables billed or in transit on or after lowing facilities for the transportation tion, operation, maintenance and con- the effective date hereof. and sale for resale of natural gas in for- nection at the International boundary of (d) Tariff provisions suspended. The eign commerce: the United States, at and near the City operation of all tariff rules and regula- (1) A 16-inch 0. D. pipe line connect- of River Rouge, Michigan, of facilities for tions insofar as they conflict with the ing with Applicant's mai 22-inch trans- the exportation of natural gas to Canada provisions of this order Is hereby sus- mission pipe line at its Detroit Regulator (Docket No. G-611), and (2) an order pended. Station in the City of Allen Park, Mi6hi- authorizing it, pursuant to -section 3 of (e) Announcement of suspension. gan, and extending thence easterly to the Natural Gas Act, to export. natural Each railroad affected by this order, or the right-of-way of the D. &-T. S. L. and gas from the United States to Canada its agent, shall publish, file, and post a the Michigan Central Railroad and the (Docket No, G-612) supplement to each of its tariffs affected D. T. & I. Railroad; thence northeasterly Any person desiring to be heard or to hereby, in substantial accordance with along the D. T. & I. Railroad to Coolidge make any protest with reference to the the provisions of Rule 9 (k> of the Com- Avenue in the City of River Rouge, application in Docket No. 0-619 should, mission's Tariff Circular No. 20 (§ -141.9 Michigan; thence southeasterly along on or before the 28th day of February, (k) of this chapter) announcing the sus- Coolidge Avenue to the west bank of the 1945, file with the Federal Power Com- pension of any of the provisions therein Detroit River; mission, Washington 25, D. C., a petition affected by this order. (2) Two parallel 12%-inch pipe lines or protest In accordance with the Com- (f) Special and general permits. The connecting with the said proposed 16- mission's Provisional rules of practice provisions of this order shall be subject inch pipe line, at the west bank of the -and regulations under the Natural Gas to any special or general permits issued Detroit River in the City of River Rouge, Act. by the Director of the Bureau of Serv- Michigan, and extending easterly under- ice, Interstate Commerce Commission, neath the Detroit River to points of con- [SEAL] LEON M. FuQUAY, Washington, D. C., to meet specific needs nection with transmission pipe lines of Secretary. or exceptional circumstances. Union Gas Company of Canada, Ltd. [F R. Doc. 45-2529; Filed, Feb. 13, 1046: (g) Effective date. This order shall ("Canadian Company") at. the Inter- 3:00 p. in.] become effective at 12:01 a. m., Febru- national boundary line of the United ary 14, 1945. States and Canada; (h) Expiration date. This order shall (3) A double 8-inch high pressure re- expire at 11:59 p. in., March 20, 1945, ducing station, with 8-inch regulators, to INTERSTATE COMMERCE COMiriS- otherwise modified, changed, sus- unless be installed at or near the point of inter- SION. pended or annulled by order of this Com- section between Applicant's existing mission. (40 Stat. 101, see. 402, 41 Stat. main 22-inch transnssion pipe line and [S. 0. 262, Special Permit 1] 4'6, sec. 4, 54 Stat. 901; 49 U.S.C. 1 (10)- the proposed 16-inch pipe line referred (17)) REICING OF ORANGES AND GRAPEr- T7TAT to in (1) above, together with necessary CHARLESTON, S. C. It is further ordered, that a copy of piping, valves and other fittings; this order and direction shall be served (4) A measuring station, to be in- Pursuant to the authority vested in upon the Association of American Rail- stalled in the vicinity of City Park, on me by paragraph (e) of the first ordering roads, Car Service Division, as agent of the western bank of the Detroit River, paragraph of Service Order No. 262 of the railroads subscribing to the car serv- having a 10-inch orifice meter setting, December 18, 1944, permission is granted ice and per diem agreement under the together with necessary piping, valves 'for any 6ommon carrier by railroad sub- terms of that agreement; and that no- and other fittings. ject to the Interstate Commerce Act: tice of this order be given to the gen- The application recites that such fa- To disregard the provisions of Service eral public by depositing a copy in the cdlitfes are to be used for the exporta- Order No. 262 insofar as it applies to pro- office of the Secretary of the Comns- tion and sale by Applicant to the Cana- viding one relcing for 58 carloads of orangos sion at Washington, D. C., and by filing dian Company of natural gas which Is and grapefruit at Charleston, S. C. Cuch from the Panhandle Field relcing shall be performed before February 13. It with the Director, Diision of the Fed- to be obtained The waybills shall show reference to this eral Register. in Texas and thb Hugoton Field in south- special permit. By the Commission, Division 3. western Kansas, western Oklahoma and northwestern Texas; that as of Novem- A copy of this special permit has been [SEAL] W P. BARTEL, ber'25, 1944, Applicant entered into a served upon the Association of American Secretary. contract with the Canadian Company Railroads, Car Service Division, as agent [F. R. Doc. 45-2537; Filed, Feb. 14, 1945; whereby -Applicant has agreed to sell of the railroads subscribing to the car 10:45 a. m.] and deliver to the Canadian Company, service and per diem agreement under FEDERAL REGISTER, Thursday, February 15, 1915 1913 the terms of that agreement; and notice of the United States and of the reveral States inte ets are held by. and such property con- this permit shall be given to the gen- thereof, of each and all of the Identified atituten intere:ms held therein by, nationals of or more foreign countries; eral public by depositing a copy in the persons to whom reference Is made In Col- of one uno 5 of said Exhibit A. and also of each 3. avIng made all determinations and ofce of the Secretary of the Commis- and all other unidentified Individuals who. taken all action, after appropriate consulta- sion at Washington, D. C., and by filing as of the date of this order, are reidents of, tion and cartification, required by said Ex- it with the Director, Division of the Fed- and of each and all other unidentifed cor- ecutivo Order or Act or otherwise: and eral Register. porations, partnerehip3, a aelatlons or busi- 4. DMnng it necessary In the national ness organizations of any kind or nature Intercst; Issued at Washington, D. C., this 10th which, as of the date of this order, are or- day of February 1945. ganized under the laws of, or have their hereby vests In the Alien Property Cus- todian the property herenbefore de- V. C. CLINGER, principal places of business in. Germany. Director Italy, Japan, Bulgaria, Hungary. Rumania scribed in subparagraph 2, to be held, and/or any territory occupied by one or more used, administered, liquidated, sold or Bureau of Servce. of such six named countries, whother or not otherwise dealt with in the interest of [F. R. Doe. 45-2536; Filed, Feb. 14, 1915; such unidentified percons are named else- and for the benefit of the United States. 10:45 a. rn] where in this order or In raid Exhibit A. In, Such property and any or all of the to and under the following: a. Each and all of the copyright., if any, proceeds thereof shall be held in a spe- described in said Exhibit A; cial account pending further determina- b. Every copyright, claim of copyright and tion of the Alien Property °Custodifn OFFICE OF ALIEN PROPERTY CUS- right to copyright In each and all of the This shall not be deemed to limit the TODIAN. works described in raid Exhiblt A and In powers of the Alien Property Custodian every issue, edition, publication, republica- to return such property or the proceeds [Vesting Order 50OA-1341 tion, translation, arrangement. dramatza- thereof, or to indicate that compensa- tion and revision thereof, in whole or in part, tion will not be paid In lieu thereof, if COPYRIGHTS OF JULIUS SPRINGER, GERMA of whatsoever kind or nature, and of each NATIONAL and all other works designated by the titles and when It should be determined that Under the authority of the Trading therein set forth, whether or not filed with such return should be made or such com- with the Enemy Act, as amended, and the Register of Copyrights or otherwie. a3- pensation should be paid. serted, and whether or not cpccliicaliy desig- Any person, except a national of a Executive Order No. 9095, as amended, nated by copyright number; and pursuant to law, the undersigned, c. Every Ucense, arement, privileze, designated enemy country, asserting any after investigation: power and right of whatcoever nature arising claim arising as a result of this order 1. Finding that each and all of the identi- under or with respect to any or all of the may file with the Alien Property Custo- fied persons to whom reference Is made in foregoing; dian a notice of his claim, together with and amounts, and all right Column 5 of Exhibit A attached hereto and d. All monies a request for a hearing thereon, on Form to receive monies and amounts, by way of made a part hereof (the names of which APC-1, within one year from the date persons are listed (a) In Column 3 of said royalty, share of profits or other emolument, Exhibit A as the authors of the works, the accrued or to accrue, whether arising pur- hereof, or within such further time as titles of which are listed in Column 2, and suant to law, contract or otherwi.s, with may be allowed by the Allen Property the copyright numbers, if anypof which are respect to any or all of the foregoing: Custodian. Nothing herein contained listed in Column 1, respectively, of said Ex- e. All rights of renewal, reversion or re- vesting, if any, in any or all of the foregoing; shall be deemed to constitute an admis- hibit A. and/or (b) in Column 4 of said Ex- sion of the existence, validity or right to hibit A as the owners of the copyrights, the f. All causes of action accrued or to ac- numbers, if any, of which are listed in Col- crue at law or in equity with repcct to any allowance of any such claim. mnn 1, and the titles of the works covered or all of the foregoing, including but not The terms "national" and "designated to aue for and recover by which are listed in Column 2, respectively, limited to the right enemy country" as used herein shall all damages and profits and to ask and re- of said Exhibit A, and/or (c) in Column 5 of ceive any and all remedies provided by com- have the meanings prescribed in section said Exhibit A as others owning or claiming of 10 of said Executive order. interests in such copyrights) are nationals mon law or statute for the Infringement more foreign countries; any copyright or the violation of any right of one or or the breach of any obligation ds=crlbcd In Executed at Washington, D. C. on 2. Determining, therefore, that the prop- January 3, 1945. erty described as follows: All right, title, in- or affecting any or all of the forc-going; terest and claim of whatsoever kind or na- is property payable or held with re-pect to [SEAL] JALIEs E. MArjarA74 ture, under the statutory and common law copyrights, or rights relatcd thereto, in which Alen Property Custodian. Ermr A

Column 1 Column 2 Column 3 Conumn 4 Coun 5 Names and L.rt Im-..n nottzal[M, Nnmc and i kmrn oaircz=e of Identified pcrsons opyright numbers Titles or wOrs u ho intres. ra telag vested

A for. 2962-.....- Ei rung In die Sonder-tahlkunde. 1935 ------Eduard Ifoudremcnt. cf Gcrmany Ils riprLlokrr. 34BCrIin Auth=arror,. (ntlOIalilty, Germaq). W. 0, Gcrmany (nat:ally, Gcr-

[F. R. Dc. 45-2509; Filed, Feb. 13, 1945; 11:10 a. m.]

[Vesting Order 500A-135] hibit A, and/or (b) In Column 4 of raid poratlons, partnerships, as-ccliatons or busi- Exhibit A as the owners of the copyrights, ness organization of any kind or nature COPYRIGHTS OF BIBLIOGRAPHISCHES INSTI- the numbers, if any, of Which are listed in which, as of the date of this order, are or- TUT AG, GEaaN NATIONAL Column 1, and the titles of the works covered ganlzsd under the laws of, or have their by which are listed in Column 2, respectively, principal places of business in. Germany, Under the authority of the Trading of said Exhlblt A, and/or (C) in Column 5 of Italy, Japan, Bulgaria, Hungary, Rumania with the Enemy Act, as amended, and said Exhibit A as others owning or claiming and/or any territory occupied by one or more Executive Order No. 9095, as amended, interests in such copyrights) are nationals of such ix named countries, whether or not and pursuant to law, the undersigned, of one or more foreign countries; such unidentlifled parsons are named else- after investigation: 2. Determining, therefore, that the prop- where In this order or in said Exhibit A, in, erty described as follows: All right, title, in- to and under the following: 1. Finding that each and all of the Iden- terest and claim of whatsoever kind or na- a. Each and all of the copyrights, If any, tified persons to whom reference Is made ture, under the statutory and common lart desrlbed in raid Exhibit A; in Column 5 of Exhibit A attached hereto of the United States and of the reveral b. Every copyright, claim of copyright and and made a part hereof (the names of which States thereof, of each and all of the Iden- rlZht to copyright in each and all of the persons are listed (a) in Column 3 of said tified persons to whom reference is made In work-, dezcrlb.-d In said Exhibit A and in Exhibit A as the authors of the works, the Column 5 of said Exhlbit A, and nlso of each every Isue, edition, publication, republica- titles of which are listed In Column 2, and and all other unidentfied individuals who. tion, translation, arrangement, dramatiza- the copyright numbers, if any, of which are as of the date of this order, are resdents of, tloa and revision thereof, in whole or in listed In Column 1, respectively, of said Ex- and of ach and all other unidentified cor- part, of whatsoever kind or nature, and of 1914 FEDERAL REGISTER, Thursday, February 15, 1945 each and all other works designated by the is property payable or held with respect to when it should be determined that such titles therein set forth, whether or not filed copyrights, or rights related thereto, in which return should be made or such compensa- with the Register of Copyrights or otherwise interests are held by, and such property asserted, and whether or not specifically des- constitutes interests held therein by, na- tion should be paid. ignated by copyright number; tionals of one or more foreign countries; Any person, except a national of a c. Every license, agreement, privilege, 3. Having made all determinations and designated enemy country ,asserting any power and right of whatsoever nature arising taken all action, after appropriate consulta- claim arising as a result of this order may under or with respect to any or all of the tion and certification, required by said Exec- file with the Alien Property Custodian a foregoing; utive Order or Act or otherwise; and notice of his claim, together with a re- d. All monies and amounts, and all right 4. Deeming it necessary in the national quest for a hearing thereon, on Form to receive monies and amounts, by way of interest; APC-1, within one year from the date royalty,,share of profits or other emolument. hereby vests in the Alien Property Cus- hereof, or within such further time as accrued or to accrue, Whether arising pur- may be allowed by the Alien Property suant to law, contract or otherwise, with todian the property hereinbefore de- scribed in subparagraph 2, to be Custodian. Nothing herein contained respect to any or all of the foregoing; held, e. All rights of renewal, reversion or re- used, administered, liquidated, sold or shall be deemed to constitute an admis- vesting, if any, in any or all of the foregoing; otherwise dealt with in the interest of sion of the existence, validity or right to f. All causes of action accrued or to accrue and for the benefit of the United States. allowance of any such claim. at law or in equity with respect to any or all Such property and any or all of the The term "national" and "designated of the foregoing, including but not limited proceeds thereof shall be held in a spe- enemy country" as used herein shall have to the right to sue for and recover all dam- cial account pending further determma- the meanings prescribed in section 10 of ages and profits and to ask and receive any tion of the Alien Property Custodian. said Executive Order. and all remedies provided by common law This shall not be deemed to limit the Executed at Washington, D. C., on or statute for the infringement of any copy- powers of the Allen Property Custodian January 3, 1945. right or the violation of any right or the to return such property or the proceeds breach of any obligation described in or thereof, or to indicate that compensation (SAL) JAMES E. MARKHAM, affecting any or all of the foregoing; will not be paid in lieu thereof, if and Alien Property Custodian. EXmBIT A

Column 1 Column 2 Column 3 Column 4 Column 5 and last known ddreseof Id is nterests nre Clopyright numbers Titles of works Names and last known nationalities Names of authors owners of copyrights being vested A for 154D .------Meyers Blitz-Lexikon. Die Sclnellauskunft fur Meyer of Germany (nationality Ger- Biblographisches Institut AG. Leip. Author and owner. Jedermann in Wort und Bld. 1032. man). zig, Germany (nationality German).

[F. R. Doc. 45--2510; Filed, Feb. 13, 1945; 11:10 a. m.]

[Vesting Order 500A-136] persons -are named elsewhere in this order 4. Deeming it necessary in the national or in said Exhibit A, in, to and under the interest; COPYRIGHTS OF CERTAIN GERMAN following: NATIONALS a. Each and all of the copyrights, if any, hereby vests in the Alien Property Cus- Under the authority of the Trading described in said Exhibit A; todian the property hereinbefore de- with the Enemy Act, as b. Every copyright, claim of copyright and scribed in subparagraph 2, to be held, amended, and right to copyright in each and all of the used, administered, liquidated, sold or Executive Order No. 9095, as amended, works described in said Exhibit A and in otherwise dealt with In the interest of and pursuant to law, the undersigned, every issue, edition, 'publication, republica- and for the benefit of the United States. after investigation. tion, translation, arrangement, dramatiza- tion and revision thereof, in whole or in Such property and any or all of the 1. Finding that each and all of-the identi- part, of whatsoever kind or nature, and of proceeds thereof shall be held in a special fied persons to whom reference is made in each and all other works designated by the account pending further determination Column 5 of Exhibit A attached hereto and titles therein set forth, whether or not filed of the Alien Property Custodian. This made a part hereof (the names of which per- with the Register of Copyrights or otherwise shall not be deemed to limit the powers sons are listed (a) in Column 3 of said Ex- asserted, and whether or not specifically of the Alien Property Custodian to return hibit A as the authors of the works, theltitles designated by copyright number; c. Every license, agreement, privilege, such property or the proceeds thereof, of which are listed in Column 2, and the power and right of whatsoever nature aris- or to indicate that compensation will not copyright numbers, if any, of which are listed ing under or with respect to any or all of be paid in lieu thereof, if and when it in Column 1, respectively, of said Exhibit the foregoing; should be determined that such return A, and/or (b) in Column 4 of said Exhibit A d. All monies and amounts, and all right as the owners of the copyrights, the num- to receive monies and amounts, by way of should be made or such compensation bers, if any, of which are listed in Column 1, royalty, share of profits or other emolument, should be paid. and the titles of the works covered by which accrued or to accrue, whether arising pur- Any person, except a national of a des- are listed in Column 2, respectively, of said suant to law, contract or otherwise, with ignated enemy country, asserting any respect to any or all of the foregoing; Exhibit A, and/or (c) in Column 5 of said clanir arising as 4 result of this order e. All rights of renewal, reversion or re- Exhibit A as others owning or claiming in- may fie with the Alien Property Custo- terests in such copyrights) are nationals of vesting, if any, in any or all of the fore- one or more foreign countries; going; dian a notice of his claim, together with 2. Determining, therefore, that the prop- f. All causes of action accrued or to accrue a request for a hearing thereon, on Form erty described as follows: All right, title, in- at law or in equity with respect to any APC-1, within one 'year from the date terest and claim of whatsoever kind or na- or all of the foregoing, including but not hereof, or within such further time as ture, under the statutory and common law of limited to the right to sue for and recover may be allowed by the Alien Property the United States and of the several States all damages and profits and to ask and re- thereof, of each and all of the identified per- ceive any and all remedies provided by com- Custodian. Nothing herein contained sons to whom reference is made in Column 5 mon law or statute for the infringement of shall be deemed to constitute an admis- of said Exhibit A, and also of each and all any copyright or the violation of any right sion of the existence, validity or right to or the breach of any obligation other unidentified individuals who, as of the described allowance in or affecting any or all of the foregqing; of any such claim. date of this order, are residents of, and of The terms "national" and "designated each and all other unidentified corporations, is property payable or held with respect partnerships, associations or business organi- enemy country" as used herein shall have to copyrights, or rights related thereto, in the meanings prescribed zations of any kind or nature which, as of the which interests are held by, and such prop- in section 10 of date of this order, are organized under the erty constitutes interests held therein by, said Executive Order. laws of, or have their principal places of nationals of 6ne or more foreign countries; Executed at Washington, D, C. on Jnn- business in, Germany, Italy, Japan, Bulgaria, 3. Having made all determinations and Hungary, Rumania and/or any territory oc- taken all action, after appropriate consulta- uary 9, 1945. cupied by one or more of such six named tion and certification, required by said Ex- [SEAL] JAMES E, MARiiAM, countries,ewhether or not such unidentified ecutive Order or Act or otherwise; and - Alien Property Custodian. FEDERAL REGISTER, Thursday, February 15, 1945 1915

Emir A

Column I Column 2 Cclumn 3 Celamn 4 Column 5

Na=3 ands1--cfep-n cdyre-m of Idlntcfi ersorzs Copynghtnumbers Titles of works XnmcOs and o! lasssuthcrsknown nntf-malltwl T,-uthozyagh nt'C!_ ere

Unknown ...... Zinklegerunngen. PatentL'=nmlunn. L Tell. G. Are (natl tneyty blcrM,U'bc). Wrha C1~mti'. Glsmony (n- Owrr. Zink in Gme- tarshy Germcn). Lieferung 1-2 Zugluch Anhang zu 1943. linsHandbuch der anorganichen Chenule. Unknown n...... Physikalitshe und chemisthe Vorzange bi dtr Waltcr BIlo and Ilelmut Lohor (.' R. 0l:ngunelAu ,h nd Bcrlin, Owa. Verbrennung im otor. (Schriften der Deu- tionalil; not taabll cd). Germany (catifsoshy German). tschen Akaderme der Luflfahrtforselung. HR. 9). 1939. Unknown ...... Untersuehungsverfahren tir fcste Bre=nstoffe. Horct Brilrkmcr (ntLal,ly rot I. Ohlenl:c-iU. Mnchn, Germany Owner. 1943 (Sonderdrck aus Handbuch der Galns- cstablithrd). (a-ftla-ity, German) dustne. Bd. ;). Unknown ------Laboratomsbuch fdr die Zmentilndustrie. 1943. Kurt Chare s (rc-.thnzlity rot Wilmm KMsi , flal,, Germany, Oyrer. (Laboratonumsbucber hir die cbemisho und cstablihcdi . (natfnL'9y, cman). verwandte Industrien. Bd. &). Unknown ------Quadratisehe Gleachungen. 1943 ------Henrli Drgrro (n attmlity rot R. Oll.ntmrg, ?labs~n, Germany, Oner. established). n'ialy German). Unknown ------Der Stofflhau halt der Meiem. 1943. (Probleme Kurt Kalo (nztlalty net Clab. Akanlcl~ew. Ver;:c=slshaft, Owner. der kosmischen Physik. id. 13). 11shcd). LcplGerman (atinality, German). Unknown .------Chemotherapie der wichlgsten Tropenkrank- Wallkr Kikuth and Walter Mcnk S. Iltatci. LcIpdz. Gum=any (ctamli- Ownr. heiten. 1943. 1. Tell: Die Chemothbraplo der (natl~nnlitIcs net 0-tabL"'ed). al1y Germ=n). Afalana. (Beltrlge zur Arznelmittelthernple. Ed. 4). Unknown ------Kolloidehemie des Protoplasmas. 2 erwelt. und Vladimir V' lkvfek Lreg-kln (an- T. Stlakopff Drer-le, Germany (na- Owner. vollstAndig urngearbeltete Anl. 1933. (Wis- tionality not cstabls ed). tfoality, German). senscbaftl. Forsehungsbertchte. Naturwissen- schaftlicbe 'leihe. Ed. 27). Unknown ------Netz- Disperger- und Washmittel. Bearbeltet Fran Mller end AiUcrt van dcr All,. Inl:trlevert. Berlin, Ger- Owner. unter Berficksiebtiang der Patentlltertur. 3. Werth natlonalitle:3 n t ezaab- many (uanilnalty, GermaW. stark verm. Aufl. 1939. lUshed). Unknown ------Spektraldarstelung linearer Transformationen Bela von Sz. .Xagy(natI nality not Juliu3 Srzinscr, Berlin, Germany Owner. des Hilbertschen Raumes. 1942. (Ergebnosse eslab ishcd). (catlo ality, Germn). der Afathematlk und ibrer Grenzgeblete. Ed. 5, Hit. 5). Unknown------Werkstoffterst~ing dureb Kavitation. Unter Hons Nowotny (catlonallty not c - V. D. 1. Vera- Berlin, Germany Owmr. suehtngenam wmerggrlta 1942 ------tablLbed). (natforlity, German). Unknown ------ChemischeSpektralanalyse. 3. verb. Aufl. 194L- WolfgangSelth and KoXrdltuthardt Jullus SprinC-r. lcrIlD, Germany Ownr. . (nationalities nt c tabllhee). (nalenality, German). Unknown ------Zur Viskostneie. knhang: Umwanlh sta.Leo Ubob bdo (notiealty not c3- S. erze), I4,lg Germany (as- Owrer. bellen ffir Viskosittshlen. 4. und 5. verb. tablfihed). tifnality, &:a5. AUfl. 1943. A For. 1873 ------Lehrbuch der Knstalliphybsik. I92. (Teubners Wollcmar Voigt (n .inality not e:- B. 0. Teubrr, Le!WZ,. Germay Ownar. Sarnmlung von LebIrbtchern auf dem Gebitte tablLhed). (ntinality, German). der mathematlseben Wienshalen mt Eta- seluss ihrer Anweadungen. Ed. 34). Unknown ------Schwessen der Elsenwerkstoffe. 1943. (Stahl- Karl Ludwig Zeyen and WIltxlm Vczal Slab!s:cn, Dt.shiosf, Ger- Owner. eisen-Bleiher. Ed. 6). Lhman (eatlnalhica not cratb- many (3t13nalety. German). A For. 4840, nSS5_ Esfilhbrung m die thearetise Physik. 1921-37 Clemenslished). cbnfcr(nationality, not Walter do Gruyter, Berlin, Germany Owner. 3 vols. m 4. establ"hed). (notlseahy, Germ=).

IF. R. Doc. 45-2511; Filed. Feb. 13, 1945. 11:10 a. m.]

[Vesting Order 50A-137] each and all other unidentified corporations, f. All causes of action accrued or to accrue partnerships. associations or businem organ- at law or in equity with respect to any or aln COPYRIGHTS OF JULIUS SPRINGER AND R. izations of any kind or nature which, as of of the foregoing, including but not limited OLmENBOURG, GERmN NATIONALS the date of this order, are organizzed under to the right to nue for and recover ail dam- Under the authority of the Trading the laws of. or have their principal places of ages and profits and to ask and receive any business in, Germany, Italy. Japan, Bul- and all remedle provided by common law or with the Enemy Act, as amended, and garla. Hungary, Rumania and/or any ter- statute for the Infringement of any copy- Executive Order No. 9095, as amended, ritory occupied by one or more of ouch nix right or the violation of any right or the and pursuant to law, the undersigned, named countries, whether or not such un- breach of any obligation described In or after investigation: Identified persons are named elcewhere in affecting any or all of the foregoing- 1. Finding that each and all of the Identi- this order or in said Exhibit A, In, to and Is property payable or held with respect to fied persons to whom reference is. made In under the following: copyrighta, or rights related thereto, in which Column 5 of Exhibit A attached hereto and a. Each and all of the copyrights, If any, interczts ore held by. and such property con- made a part hereof (the names of which described in aid Exhibit A; ntAtuts interests held therein by. nationals persons are listed (a) in Column 3 of said b. Every copyright, claim of copyright and of one or more foreign countries; Exhibit A as the authors of the works, the right to copyright in each and all of the 3. Having made all determinations and titles of which are listed in Column 2, and works described in cold Exhibit A and In taken all action, after appropriate consuIta- the copyright numbers, if any, of which are every issue, edition, publication, republica- tien and certlflcation, required by said Execu- tion. translation, arrangement, dramatlza- listed in Column 1, respectively, of said Ex- tive Order or Act or otherise; and tion and revision thereof, in whole or in hibit A, and/or (b) in Column 4 of said part, 4. Deeming It nece~ary in the national of whatsoever hind or nature, and of each Exhibit A as the owners of the copyrights, Interest; and nll other works designated by the title the numbers, if any, of which are listed in therein set forth, whether or not ied with Column 1, and the titles of the works covered hereby vests in the Allen Property Cus- by which are listed in Column 2, respectively, the Register of Copyrights or otherwIce as- todlan the property hereinbefore de- of said Exhibit. A, and/or (c) n Column 5 serted, and whether or not apecilcally deslg- scribed in subparagraph 2, to be held, of said Exhibit A as others owning or claim- nated by copyright number; used, administered, liquidated, sold or mg interests in such copyrights) are nation- c. Every license., agreement, privilege, otherwise dealt with in the interest of power and right of whatscaver als of one or more foreign countries; nature arisIng and for the benefit of the United States. 2. Determining, therefore, that the prop- under or with respect to any or all of the Such property and any or all of the erty described as follows: All right, title, in- foregoing; proceeds thereof shall be held in a spe- terest and claim of whatsoever kind or na- d. All monies and amounts, and all right cial account pending further determina- ture, under the statutory and common law to receive monies and amounto, by way of tion of the Allen Property Custodian. royalty, share of profits or other emolument, of the United States and of the several States This shall not be deemed to limit the accrued or to accrue, whether arlin[, pur- thereof, of each and all of the identified powers of the Allen Property Custodian persons to whom reference is made in Column suant to law, contract or otherwie, with 5 of said Exhibit A, anoi also of each and aln respect to any or all of the foregoing; to return such property or the proceeds other unidentified individuals who, as of the e. All rights of renowal, reversion or re- thereof, or to indicate that compensation date of this order, are residents of, and of vesting, If any, In any or all of the forcgolng; will not be paid in lieu thereof, if and No. 33-9 FEDERAL REGISTER, Thursday, February 15, 1945 when it should be determined that such quest for a hearing thereon, on Form The terms "national" and "des:gnated return should be made 'or such compen- APC-1, within one year from the date enemy country" as used herein shall have sation should be paid. hereof, or within .such further time as the meanings presbribed in section 10 of Any person, except a national of a may be allowed by the Alien Property said Executive Order. designated enemy country, asserting any Custodian. Nothing herein contained Executed at Washington, D. C,. on claim arising as a result of this order may shall be deemed to constitute an admis- January 18, 1945. fie with the Alien Property Custodian a sion of the existence, validity or right to [SEAL] JAMES E. MARIUAis, notice of his claim, together with a re- allowance of any such claim. Alien Property Custodian. ExmnaiT A

Column 1 Column Column Column 4 Column 5 Names and last known addressu of Identfierstpearo numbers Titles of works Names and last known nationalities Copyright of authors owners of copyrights being vested

Unknown -_ Handbuch der wlssonschaftichen und angewand- Unknown ...... Julius Springer, Wien, Germany Owner. ten Photographic. vol.2: Prischow, Karl. Die (nationality, German). .Photographischo Kamera und ibr Zubehor. 1931. A for 013...... Wega zur Raumnhiffahrt 3. Aul. von "Die Hermann Oberth (nationality not R. Oldenbourg, Milnchen, Germany Owner. Rakete zu don Planetenrilumen." 1929. established). (nationality, German). Unknown ...... Raketen-Flugtechnlik. 13 ------Eugen Stinger (nationality not estab- R. Oldenbourg,AMlinehen und Berlin, Owner. lished). Germany (nationality, German).

[F. R. Dce. 45-2512; Filed, Feb. 13, 1945; 11:11 a. in.]

OFFICE OF DEFENSE TRANSPORTrA- necessary traffic, the attainment of forthwith shall apply to the appropriate TION. which purposes s essential to the suc- regulatory body or bodies for the grant- [Special Order ODT B-45, Revocation] cessful prosecution of the war, It is ing of such operating authority as my hereby ordered, That: be requisite to compliance with the terms COLMiION CARRIERS L The plan for joint action above re- 6f this order, and shall prosecute such COORDINATED OPERATIONS BETWEEN GREEN- ferred to is hereby approved and the application with all possible diligence. VILLE, PA. (SHENANGO PERSONNEL RE- carriers are directed to put the plan In The coordination of operations directed PLACEMENT 'DEPOT) AND YOUNGSTOWN, operation forthwith, subject to the fol- by this order shall be subject to the car- OHIO lowing provisions, wlch shall supersede riers' possessing or obtaining the requi- any provisions of such plan that are in site operating authority. Upon consideration of an application conflict therewith: 5. All records of the carriers pertaining for revocation of Special Order ODT 2. Each of the carriers forthwith shall to any transportation performed pur- B-45, filed with the Office of Defense fie a copy of this order with the appro- suant to this order and to the provisions Transportation, (December 18, 1944, by priate regulatory body or bodies having of such plan shall be kept available for the Penn-Ohio Coach Lines Company jurisdiction over any operations affected examination and Inspection at all rea- and concurred-in by the West Ridge by this order, and likewise shall.file, and sonable times by accredited representa- Transportation Company, parties sub- publish in accordance with law, and con- tives of the Office of Defense Transpor- ject to said special order, and good cause tinue in effect until further order, tariffs tation. appearing therefor, or supplementS to filed tariffs, setting 6. Withdrawal of a carrier from par- It is hereby ordered, That Special forth any changes in rates, charges, op- ticipation In the plan for joint action Order ODT B-45, be, and it hereby is, erations, rules, regulations, and prac- revoked. hereby approved shall not be made with- tices of the carrier which may be neces- out prior approval of the Office of'De- Issued at Washington, D. C., this 14th sary to accord with the provisions of this fense Transportation. day of February 1945. order and of such plan; and forthwith 7. The provisions of this order shall J. M. JOHNSON, shall apply to such regulatory body or be binding upon any successor in inter- Director bodies for special permission for such est to any carrier named in this order. Obce of Defense Transportation. tariffs or supplements to become effective Upon a transfer of any operation In- on the shortest notice lawfully permis- volved in this order, the successor in in- ,IF. R. Doc. 45-2523; Flied, February 13, 1945; sible, but not prior to the effective date terest and the other carriers named in 2:11 p. in.] of this order. this order forthwith shall notify, in [Supp. Order ODT 3. Rev. 540] 3. Whenever transportation service is writing, the Office of Defense Transpor- performed by one carrier in lieu of serv- tation of the transfer and, unless and COISmON CARRIERS ice by another carrier, by reason of a until otherwise ordered, the successor in COORDINATED OPERATIONS BETWEEN POINTS diversion, exchange, pooling, or similar interest shall perform the functions of IN TEXAS act made or performed pursuant to the his predecessor In accordance with the plan for joint action hereby approved, provisions of this order. Upon consideration of a plan for joint the rates, charges, rules, and regulations 8. The plan for joint action hereby action filed with the Office of Defense governing such service shall be those approved and all contractual arrange- Transportation by the persons named in that would have applied except for such ments made by the carriers to effectuate Appendix 1 hereof to facilitate compli- diversion, exchange, pooling, or other act. the plan shall not continue In operation ance with the requirements and purposes ,4. The provisions of this order shall not beyond the effective period of this order. of General Order ODT 3, Revised, as be so construed or applied as to require amended (7 P.R. 5445, 6689,'7694; 8 F.R.. any carrier subject hereto to perform 9. Communications concerning this 4660, 14582; 9 F.R. 2793, 3264, 3357, 6778) any service beyond its transportation order should refer to It by the supple- a copy of which plan is attached hereto capacity or to authorize or require any mentary order number which appears in the caption hereof, as Appendix 2,2 and act or omission which is in violation of and, unless other- It appearing that the proposed coordi- any law or regulation, or to permit any wise directed, should be addressed to the nation of operations as. necessary in carrier to alter Highway Transport Department, Office order to its legal liability to any assure maxinum utilization of shipper. In the event that compliance of Defense Transportation, Washington the facilities, services, and equipment, 25, D. C. and to conserve and providently utilize with any term of this order, or effectua- vital equipment, materials, and supplies, tion of any provision of such plan, would This order ghall become effective of the carriers, and to provide for the conflict with, or would not be author- February 19, 1945, and shall remain in prompt and continuous movement of ized under, the existing interstate or full force and effect until the termina- intrastate operating authority of any tion of the present war shall have been Fled as part of the original document. carrier subject hereto, such carrier duly proclaimed, or until such earlier FEDERAL REGISTER, Thursday, February 15, 1915 1917 time as the Office of Defense Transpor- 4. The provisions of this order shall Otto Ecall, doing buz-ine as 33ills Ex- tation by further order may designate. not be so construed or applied as to re- prc, Maurmont, id. Issued at Washington, D. C., this 14th quire any carrier subject hereto to per- IF. R. Dc. 45-2Z; Filed. Feb. 13, 1945; day of February 1945. form any service beyond Its transporta- 2:11 p. m.] tion capacity, or to authorize or require J. U, JOHNSON, any act or omission which is In violation Director of any law or regulation, or to permit [Supp. Order ODT 3, Rev. 542] Office of Defense Transportation. any carrier to alter its legal liability to APPE=D=X 1 any shipper. In the event that compli- Coszo:i Crmns Central Freight Lines, Inc., Waco, Tex. ance with any term of this order, or ef- C0,ofDINATED OPErATIONS EETWEEZZ POI=IS W. A. Johnson, doing business as Johnson fectuation of any provision of such plan, In r=7 YO3 CITY, AND LONG ISLAD, Motor Ines, operator of Johnson Transport would conflict with, or would not be au- il, Y. Co., Inc., Fort Worth, Tex. thorized under, the existing Interstate or intrastate operating Upon consideration of a plan for joint IF. R. Doc. 45-2524; Filed, Feb. 13, 1945; authority of any car- action filed with the Office of Defense 2:11 p. m.] ner subject hereto, such carrier forth- with shall apply to the appropriate regu- Transportation by the persons named in latory body or bodies for the granting of Appendix 1 hereof to facilitate compli- [Supp. Order ODT 3, Rev. 541] such operating authority as may be rcq- ance with the requirements and purposes of General Order ODT 3, Revised, as COMBION uisite to compliance with the terms of CARRIERS this order, and shall prosecute such ap- amended (7 FR. 5445, 6689, 7624; 8 F.R. COORDINATED OPERATIONS BETWEEN POINTS plication with all possible diligence. The 4660, 14582; 9 F.R. 2793,3264,2357, 6778) a copy IN MIARYLAND coordination of operations directed by of which plan is attached hereto this order shall be subject to the carriers' as Appendix 2,1 and Upon consideration of a plan for joint It appearing that the proposed coordi- action filed with the Office of Defense possessing or obtaining the requisite operating authority. nation of operations is necessary in or- Transportation by the persons named in der to assure -aximum utilization of the Appendix 1 hereof to facilitate com- 5. All records of the carriers pertaining to any transportation performed pursu- facilities, servlcei, and equipment, and pliance with the requirements and pur- to conserve and providently utilize vital poses of General Order ODT 3, Revised, ant to this order and to the provisions of such plan shall be kept available for ex- equipment, materials, and supplies, of as amended, (7 F.R. 5445, 6689, 7694; 8 the carriers, and to provide for the F.R. 4660, 14582; 9 F.R. 2793, 3264, 3357, amination "and inspection at all reason- able times by accredited representatives prompt and continuous movement of 6778) a copy of which plan is attached nece sary traffic, the attainment of hereto as Appendix 2,' and of the Office of Defense Transportation. 6. Withdrawal of a carrier from par- which purposes is essential to the suc- It appearing that the proposed coor- cez.ful prosecution of the war, It zs dination of operations is necessary in ticipation in the plan for Joint action hereby approved shall not be made with- hereby ordered, That: order to assure maximum utilization of 1. The plan for joint action abovere- the facilities, services, and equipment, out prior approval of the Office of De- fense Transportation. ferred to is hereby approved and the car- and to conserve and providently utilize riers are directed to put the plan in op- vital equipment, materials, and supplies, 7. The provisions of this order shall be binding upon any successor in interest eration forthwith, subJect to the follow- of the carriers, and to provide for the ing provisions, which shall supersede any prompt and continuous movement of to any carrier named in this order. Upon a transfer of any operation involved provisions of such plan that are in con- necessary traffic, the attainment of which in flict therewith. purposes is essential to the successful this order, the successor in interest and the other carriers named In this order 2. Each of the carriers forthwith shall prosecution of the war, It ?s hereby or- file a copy of this order with the appro- dered, That: forthwith shall notify, in writing, the Office of Defense Transportation of the priate regulatory body or bodies having 1. The plan for joint action above re- jurisdiction over any operations affected ferred to is hereby approved and the transfer and, unless and until otherwise ordered, the successor in interest shall by this order, and likewise shall file, and carriers are directed to put the plan in publish in accordance with law, and con- operation forthwith, subject to the fol- perform thefunctions of his predecessor in accordance with the provisions of this tinue in effect until further order, tariffs -lowing provisions, which shall super- or supplements to filed tariffs, setting sede any provisions of such plan that are order. 8. The plan for Joint action hereby ap- forth any changes in rates, charges, op- in-conflict therewith. erations, rules, regulations, and prac- 2. Each of the carriers forthwith shall proved and all contractual-arrangements tcas of the carrier which may be neces- file a copy of this order with the appro- made by the carriers to effectuate the sary to accord with the provisions of ths priate regulatory body or bodies having plan shall not continue In operation be- order and of such plan; and forthwith jurisdiction over any operations affected yond the effective period of this order. shall apply to such regulatory body or by this order, and likewise shall file, and 9. Communications concerning this or- bodes for special permission for such publish in accordance with law, and con- der should refer to it by the supplemen- tariffs or supplements to become effec- tinue in effect until further order, tariffs tary order number which appears in the tive on the shortest notice lawfully per- or supplements to filed tariffs, setting missble, but not prior to the effective forth any changes in rates, charges, op- caption hereof, and, unless otherwise di- rected, should be addressed to the High- date of this order. erations, rules, regulations, and prac- 3. Whenever transportation service is tices of the carrier which may be nec- way Transport Department, Office of De- fense Transportation, Washington 25, performed by one carrier in lieu of serv- essary to accord with the provisions of ice by another carrier, by reason of a this order and of such plan; and forth- D.C. diversion, exchange, pooling, or similar with shall apply to such regulatory body This order shall become effective Feb- act made or performed pursuant to the or bodies for special permission for such ruary 19, 1945, and plan -for joint action hereby approved, tariffs or supplements to become effective shall remain in full on the shortest notice lawfully force and effect until the termination of the rates, charges, rules and regulations permssl- governing such service ble, but not prior to the effective date of the present war shall have been duly shall be those that this order. proclaimed, or until such earlier time as would have applied except for such di- 3. Whenever transportation service is the Office of Defense Transportation by version, exchange, pooling, or othfr act. performed by one carrier in lieu of serv- further order may designate. 4. The provisions of this order shall ice by another carrier, by reason of a not be so construed or applied as to re- diversion, exchange, pooling, or similar Issued at Washington, D. C., this 14th quire any carrier subject hereto to per- act made or performed day of February 1945. form any service beyoid its transporta- pursuant to the tion capacity, or to authorize plan for joint action hereby approved, J. Md.Jom,'soll, or require the rates, charges, rules, and regulations Director, any act or omlssion which Is in violation governing such service shall be those that Office of Defense Transportation. of any law or regulation, or to permit would any carrier to alter its legal liability to have applied except for such di- APPIXW 1 version, exchange, pooling, or other act. any shipper. In the event that compli- Tidewater Express Lines, Inc., Baltimoro, ance with any term of this order, or Filed as part of the original document. id. effectuation of any provision of such FEDERAL REGISTER, Thursday, February 15, 1945

plan, would conflict with, or would not Alexander Emeth, doing business as Kmeth tion capacity, or to authorize or require be authorized under, the existing inter- Long Island Delivery Service, New York, N. Y., any act or omission which is In violation state or intrastate operating authority of Jacobson Bros., Inc., New York, N. Y. of any law or regulation, or to permit any United States Trucking Corporation, New to alter its legal liability to- any any carrier subject hereto, such carrier York, N. Y. carrier forthwith shall apply to the appropriate Cambels Trucking Company, Inc., Brooklyn, shipper. In the event that compliance regulatory body or bodies for, the grant- N.Y. with any term of this order, or 'effectu- ing of such operating authority as may ation of any provision of such plan, would [F. R. Dc. 45-2526; Filed, Feb. 13, 1045, conflict with, or would not be authorized be requisite to compliance with the terms 2:11 p. m.] of this order, and shall prosecute such under, the existing interstate or intra- application with all possible diligence. state operating authority of any carrier The coordination of operations directed subject hereto, such carrier forthwith by this order shall be subject to the car- [Supp. Order ODT 3, Rev. 543] shall apply to the appropriate regulatory the granting of such riers' possessing or obtaining the reqUi- COe=ON CARRIERS body or bodies for site operating authority. operating authority as may be requisite 5. All records of the carriers pertain- COORDINATED OPERATIONS BETWEEN NEW to compliance with the terms of this ing to any transportation performed YORX, 'N. Y., POINTS AND PLACES IN NEW' order, and shall prosecute such applica- ,pursuant to this order and to the pro- JERSEY AND BALTIMORE, LID. tion with all possible diligence. The co- visions of such plan shall be kept avail- Upon consideration of a plan for Joint ordination of operations directed by this able for examination and inspection at action filed with the Office of Defense order shall be subject to the carrier's all reasonable times by accredited repre- Transportation by the persons named in possessing or obtaining the requisite op- sentatives of the Office of, Defense Appendix 1 hereof to facilitate com- erating authority. Transportation. 5. All records of the carriers pertain- pliance with the requirements and pur- ing to any transportation performed pur- 6. Withdrawal of a carrle from par- poses of General Order ODT 3, Revised, ticipation in the plan for joint action as amended (7 F.R. 5445, 6689, 7694; 8 suant to this order and to the provisions hereby approved shall not be made with- F.R. 4660, 14582; 9 F.R. 2793, 3264, 3357, of such plan shall be kept available for out prio; approval of the Office of De- 6778) a copy of which plan is attached examination and inspection at all fense Transportation. hereto as Appendix 2,1 and reasonable times by accredited represent- 7. The provisions of this order shall It appearing that the proposed coor- atives of the Office of Defense Transpor- be binding upon any successor In interest dination of operations is necessary in tation. to any carrier named in this order. order to assure maximum utilization of 6. Withdrawal of a carrier from par- Upon a transfer of any operation in- ticipation in the plan for Joint action the facilities, services, and equipment, approved shall not be made with- volved In this order, the successor in and to conserve and providently utilize hereby interest and the other carriers named vital equipment, materials, and supplies, out Prior approval Qf the Office of De- in this order forthwith shall notify, in of the-carners, and to provide for the fense Transportation. writing, the Office of Defense Transpor- prompt and continuous movement of 7. The provisions of this order shall be tatfoin of the transfer and, unless and necessary traffic, the attainment of binding upon any successor in interest until otherwise ordered, the successor in to any carrier named in this order, which purposes 3s essential to the suc- operation in- interest shall perform the functions of cessful prosecution of the war; It is Upon a trAnsfer of any his predecessor in accordance with the hereby ordered, That: volved in this order, .the successor In provisions of this order. 1. The plan for joint action above re- interest and the other carriers named 8. The plan for joint action hereby ap- In this order forthwith shall notify, in ferred to is hereby approved and the car- Transpor- proved and all contractual arraingements rers are directed to put the plan In writing, the Office of Defense made by the carriers to effectuate the operation forthwith, subject to the fol- tation of the transfer and, unless and plan shall not continue in operation be- lowing provisions, which shall supersede until otherwise ordered, the successor in yond the effective period of this order. interest shall perform the functions of any provisions of such plan that are in his predecessor in accordance with the 9. Communications concerning this conflict therewith. order should refer to it by the supple- 2. Eachof the carriers forthwith shall provisions of this order. mentary order number which appears in file a copy of this order with the appro- 8. The plan for joint action hereby ap- the caption hereof, and, unless other- proved and all contractual arrangements priate regulatory body or bodies having made by the carriers to effectuate the wise directed, should be addressed to the jurisdiction over any operations affected Highway Transport Department, Office plan shall not continue in operation be- by this order, and likewise shall file, and yond the effective period of this order. of Defense Transportation, Washington con- 25, D. C. publish in accordance with law, and 9. Communications concerning this or- tinue in effect until further order, tariffs der should refer to it by the supplemen- This order shall becomie effective Feb- or supplements to filed tariffs, setting ruary 19, 1945, and shall remain in full forth any changes in, rates, charges, op- tary order number which appears In the force and effect until the termination of erations, rules, regulations, and practices caption hereof, and, unless otherwise the present war shall have been duly of the carrier which may be necessary to directed, should be addressed to the proclaimed, or until such earlier- time accord with the provisions of this order Highway Transport Department, Office as the Office of Defense Transportation and of such plan; and forthwith shall of Defense Transportation, Washington by further order may designate. apply to such regulatory body or bodies 25, D. C. Issued at Washington, D. C., this 14th for special permission for such tariffs or This order shall become effective to become effective on the day of February 1945. supplements February 19, 1945, and shall remain In shortest notice lawfully permissible, but J. M. JOHNSON, not prior to the effective date of this full force and effect until the termina- Director order. tion of the present war shall have been Office of Defense Transportation. 3. Whenever transportation service is duly proclaimed, or until such earlier time as the Office of Defense Transporta- 1 performed by one carrier in lieu of serv- APPExrrx ice by another carrier, by reason of a tion by further order may designate. Long Island Delivery Co., Inc., Hewlett, diversion, exchange, pooling, or similar Issued at Washington, D. C., this 14th Long Island, N. Y. act made or performed pursuant to the Hymans' N. Y. & L. I. Express, Inc., Jamaica, abtion hereby approved, day of February 1945. N. Y. plan for joint Ernest W. Moring and Wilfred S. Stewart, the rates,.charges, rules, and regulations J. M. JOHNSON, copartners, doing bustiiess as ,oring's Long governing such service shall be those that Director, 13land Express, Rockville Center, N. Y. would have applied except for such di- Office of Defense Transportation, Adolph's Trucking Company, Inc., New version, exchange, pooling, or other act. York, N. Y. 4. The provisions of this order shall APPEmix 1 Dispatch Motor Express, Inc., New York,- not be so construed or applied as to re- Service Transportation Co,, Secaucus, Now N. '7. any carrier subject hereto to per- Jersey. Rusell's Express, Inc., New York, N. Y. quire George Lehr, Baltimore, Maryland. Albeit Brezncr, Lewis Brezner, Harry Brez-. form any service beyond its transporta- ncr, and Harry L. Abend, copartners, doing [F. I. Doc. 45-2527; Filed, Feb. 13, 1940; busines as Al's Auto Express, New York, N. Y. Filed as part of the original document, 2:11 p. m.] FEDERAL REGISTER, Thursday, February 15, 1915 1919

[Supp. Order ODT 3, Rev. 546] under, the existing interstate or intra- Issued at Washington, D. C., this 14th CO=lON CARRIERS state operating authority of any carrier day of February 1945. subject hereto, such carrier forthwith COORDInATED OPERATIONS BETWEEN MALLAS shall apply to the appropriate reula- J. P.f. JomisoN, AND PALESTINE, TEX. tory body or bodies for the granting of Director, Ofjee of Defense Transportation. Upon consideration of a plan for Joint such operating authority as may be req- action filed with the Office of Defense usite to compliance with the terms of APPEXDIE 1 this order, and shall prosecute such ap- Transportation by the persons named in Engllh Frelght Co, Dallas, Tex. Appendix 1 hereof to facilitate compli- plication with all possible diligence. The coordination of operations directed by H. . Englnb, doing bu3inem as Red Bel ance with the requirements and purposes Mfotor Frelght Lines, Dallas, Tex of General Order -ODT 3, Revised, as this order shall be subject to the car- amended (7 F.R. 5445, 6689, 7694; 8 F.R. riers' possessing or obtaining the requi- [P. R. Do. 45-2528; Filed, Feb. 13, 1945; 4660, 14582; 9 FR. 2793, 3264, 3357, site operating authority. 2-12 p. m-] 6778) a copy of which plan is attached 5. All records of the carriers pertain- hereto as Appendix 2,1 and ing to any transportation performed pur- It appearing that the proposed coor- suant to this order and to the provisions dination of operations is necessary in of such plan shall be kept available for OFFICE OF PRICE AD31INISTRATION. order to assure maximum utilization of examination and nspection at all rea- the facilities, services, and equipment, sonable times by accredited representa- [LR 120, Order 1231] and to conserve and providently utilize tives of the Office of Defense Transpor- vital equipment, materials, and supplies, tation. BaDER Su. oxss COAL CO., ET AL. of the carriers, and to provide for the 6. Withdrawal of a carrier from par- ESTABLISMET OF =UAXI PRICES AND prompt and continuous movement of ticipation in the plan for joint action PRICE CLASSICATIONS necessary traffic, the attainment of which hereby approved shall not be made with- purposes is essential to the successful out prior approval of the Office of De- For the reasons set forth in an accom- prosecution of the war, It is hereby or- fense Transportation. panying opinion, and in accordance with dered, That: 7. The provisions of this order shall be § 1340210 (a) (6) of Maximum Price 1. The plan for joint action above re- Regulation No. 120; It is ordered: ferred to is hereby approved and the binding upon any successor in Interest Producers Identified herein operate carriers are directed to put the plan in to any carrier named in this order. Upon named mines assigned the mine index operation forthwith, subject to the fol- a transfer of any operation involved in numbers, the price classifications and lowing provisions, which shall supersede this order, the successor in Interest and the maximum prices in cents per net ton, any provisions of such plan that are in the other carriers named in this order for the indicated uses and shipments as conflict therewith. forthwith shall notify, In writing, the set forth herein. All are in District No. 2. Each of the carriers forthwith shall Office of Defense Transportation of the 7. The mine index numbers and the file a copy of this order with the appro- transfer and, unless and until otherwise price classifications assigned are perma- priate regulatory body or bodies having ordered, the successor in interest shall nent but the maximum prices may be jurisdiction over any operations affected perform the functions of his predecessor changed by an amendment issued after the effective date of this order. Where by this order, and likewise shall file, and in accordance with the provisions of this publish in accordance with law, and such an amendment is issued for the dis- con- order. tinue in effect until further order, tar- trict in which the mines involved herein iffs or supplements to filed tariffs, setting 8. The plan for Joint action hereby are located and where the amendment forth any changes in rates, charges, approved and all contractual arrange- makes no particular reference to a mine operations, rules, regulations, and prac- ments made by the carriers to effectuate or mines involved herein, the prices shall tices of the carrier which may be neces- the plan shall not continue in operation be the prices set forth in such amend- sary to. accord with the provisions of beyond the effective period of this order. ment for the price classifications of the this order and of such plan; and forth- 9. Communications concerning this respective size groups. The location of each mine is given by county and state. with shall apply to such regulatory body order should refer to It by the supple- mentary order number which appears The maximum prices stated to be for or bodies for special permission for such truck shipment are in cents per net ton tariffs or supplements to become effec- in the caption hereof, and, unless other- wise directed, should be addresced to the f. o. b. the mine or preparation plant and tive on the shortest notice lawfully per- when stated to be for rail shipment or for missible, but not prior Highway Transport Department, Office to the effective railroad locomotive fuel are in cents per date of this order. of Defense Transportation, Washington 25. D. C. net ton f. o. b. rail shipping point. In 3. Whenever transportation service Is cases where mines ship coals by river the performed.by one carrier in lieu of serv- This order shall become effective Feb- prices for such shipments are those es- ice by another carrier, by reason of a ruary 19, 1945, and Shall remain in full' tablished for the rail shipment and are diversion, exchange, pooling, or similar force and effect until the termination of in cents per net ton f. o. b. river shipping act made or performed pursuant to the the present war shall have been duly point. However, producer is subject to plan for joint action hereby approved, proclaimed, or until such earlier time the provisions of § 1340.218 and all other the rates, charges, rules, and regula- as the Office of Defense Transportation provisions of Mamxmum Price Regulation tions governing such service shall be by further order may designate. No. 120. those that would have applied except for such diversion, exchange, pooling, or TEE lnmr Suormxzm CoAL Co., =23 IHA B 0L..CzrVrX 1I5% m, Bnr= #311., P c=o.%-rAs1 Snii WzEE Lroar No. 10L%, Wyo1X'o Com., 1Y. VA., S LL,==,r? 0, i1~iL SMUrnzcnm GTSEcO, W. Vi., other act. DEEP MWE 4. The provisions of this order shall not be so construed or applied as to re- Elm ro~up N3. quire any carrier subject hereto to per- form any service beyond its transporta- ______1213 4I 1 5 0 71819 19 tion capacity, or to authorize or require any act or omission which is in violation Price fleaton ...... - ---- ... . D 0D A A B B B B B Ball h2i" ..... 4t 5 U5 2.... :0 30,. 315 310 of any law or regulation, or to permit any Truck rhlpmcnt ...... C-5 415 0 2[TO carrier to alter its legal liability to any shipper. In the event that compliance FaixE DAL'LrNinr~ow,rELmRN.21 . ADoO.?rn with any term of this order, or effectua- CCWTSC uN rxr tion of any provision of such plan, would conflict with, or Would Price clnmifcatlin not be authorized 25,45 55155 20 ZZ03 0 10I315 I 315 ITrucksapment_lu ship nt_ D I CIA I I R1111 2Fled as part of the original document. ' 4E5 I z.0 j15s. 5 0 1920 FEDERAL REGISTER, Thursday, February 15, 1945

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a, ~ 0 1922 FEDERAL REGISTER, Thursday, February 15, 1945 ment for the price classifications of the NICHOLAS COAL Co., c/o R. DATNE HALBRITTER, (56 Stat. 23, '65, 57 Stat. 566; Pub, LaW KNOWOOD, W. VA., NICHOLAS MINE, BAXERSTOWN respective size groups. The location of SEAM MINE INDEX No. 2107, PRESTON COUNTY, 383, 78th Cong., E.O. 9250, 1 P.R. 7871, each mine is given by county and state. W. VA., RAIL SHIPPING POINT, NEWBURG, W. VA. E.O. 9328, 8 P.R. 4681) STRIP MINE, MAXIMUM Taumc PRICE GuouP No. 3 The maximum prices stated to be for Issued this 13th day of February 1045. truck shipment are in cents per net ton f. o. b. the mine or preparation plant Size group Nos. JAMES F BROWNLEE, and when stated to be for rail shipment Acting Admimlstrator or for railroad fuel are in cents per net 1 2 3 4 5 [F R. Doc. 45-2505; Filed, Fob, 13, 1045; ton f. o. b. rail shipping point. In cases 11:08 a. In.] where mines ship coals by river the prices Price classification ------G G (G 0 (3 Rail shipment and railroad for such shipments are those established fuel------300 300 290 235 285 [MPR 120, Order 1280] for rail shipment and are in cents -per Truck shpmen------310 310 285 275 265 net ton f. o. b. river shipping point. SALT LIcx COAL CO., ET AL. However, producer is subject to the pro- SHEBAN MINE CO., REALTY BLDG., YOUNGSTOWN,' ESTABLISHMENT OF MAXIMUM PRICES AND visions of § 1340.214 and all other pro- OHIO SIIEBAN M'NING CO. MINE, PITTSBURGH PRICE CLASSIFICATIONS visions of Maximum Price Regulation SEAM, MINE INDEX No. 2101, MARION COUNTY, W VA., RAIL SHIPPING POINT: RINGMONT, W. VA., No. 120. For the reasons set forth in an accom- STRIP MINE. MAXIMUM TRUCE PRICE GROUP No. 3 panying opinion, and in accordance with MANUEL ALVAREZ, BoX #125 MEADOWBROOK W. VA., § 1340.210 (a) (6) of Maximum Price LAMBERTS RUN §2 MINE, PITTIBURGH SEAM, MINE Price classification------F F F IF [F Regulation No. 120; It is ordered. INDEX No. 2099, HARRISON COUNTY AV VA., RAIL Rail and nver shipment SHIPPING POINT, MEADOWBROOE, iV. VA., DEEP and railroad fuel ------275 275 260 250 240 Producers identified herein operate MIINE, MAXIMUM TRUCK PRICE GROUP No. 3 Truck shipment------310 310 285 275 265 named mines assigned the mine index numbers, the price classifications and the Size group Nos. WHITE & FREDERICK COAL Co., UNION TRUST BLDG., maximum prices in cents per net ton, for UNIONTOWN, PA., WHITE & FREDERICK MINE, PITTS- the indicated uses and shipments as set 11 2 a 4 BURGH SEAM MINE INDEX No. 2108, HARRISON COUNTY, W. VA., RAIL SHIPPING POINT, MEADOW- forth her~ln. All are in District No. 4. RODE, W. VA., STRIP mINE, MAXIMUM TRUCE The mine index numbers and the price PRICE GROUP No. 3 classifications assigned are permanent Price classification . . F F F but the maximum prices may be changed Rail shipment and railroad fuel------275 275 260 Price classification ------F IF IF IF F by an amendment issued after the elco- Truck shipment ------310 310 285 Rail shipment and railroad I fuel ...... 275 275 20 250 240 tive date of this order. Where such an I I Truck shipment ------310 310 285 275 265 amendment is issued for the district In BRETZ FUEL CO., BOX 386, MORGANTOWN, W VA., which the mines involved herein are lo- MARGARET MINE, M. V FREEPORT SEAM, MINE cated and where the amendment makes INDEX No. 2075, PRESTON COUNTY, W. VA., RAIL WINCHESTER COAL CO., C/OCHAS. E. POTTER, 9 SUNSET SHIPPING POINT, ALBRIGHT, W. VA., DEEP MINE, DR., FAIRMONT, W. VA WINCHESTER 0 MINE, no particular reference to a mine or MAXIMIUiM TRUCK PRICE GROUP No. 3 PITTSBURGH SEAM, MINE iNDEX NO. 2102, HARRMsON mines involved herein, the prices shall be COUNTY, IW. y A., RAIL SHuPPNo POINT, LoISE, the prices set forth in such amendment l'rire classification ...... 3 .1 J J 3 No. 3 No._ _ for the price classifications of the respec- Rail shipment and railroad tive size groups. The Ideation of each fruekucl.- l------300';Cuet...... 310 300 290 285 285 310 285 275 265 Price classiflcation ...... F F F F mine is given by county and state. The Pclsci-I I _ Rail'. shipment VA., STRIP and MINE, railroad MIAXIIUM TRUCE PRICE GROUT maximum prices stated to be for truck fuel ------275 275 260 250 240 3. E. EMERSON, ROUH"#I, BRISTOL, W. V., LAN- Truck shipment ...... 310 310 285 275 265 shipment are in cents per net ton f. o, b. NqbAN MINE. PPirraR~ns SEAM. MIE IN DEX NO. the mine or preparation plant and when 2104, HIONCOUTY; IV.VA. RAIL SHIPING stated to be for rail shipment or for rail- POINT, WVOLrSUMMIT, IN. VA., DEEP MINE, MAX- NorE: The Size Group numbers referred IIUM TRUCK PRICE GROUP NO. 3 road fuel are in cents per net ton f. o. b. to herein for rail shipments and for railroad rail shipping point. In cases where Price classification ...... I F F F F F fuel are those described In the table of prices In amendment No. 95 to Maximum mirfes ship coals by river the prices for Rail shipment and railroad Price Regulation No. 120, and for truck ship- such shipments are those established for fuel ------..... 275 275 260 250 240 ments as described in the table Truck shipment ------310 310 285 27 2G5 of prices rail shipment and are in cents per net In amendment No. 106 to Maximum .Price ton f. o. b. river shipping point. How- Regulation No. 120. W. C., C A 3 V GIBSONR. F. D. #1, FAIR- ever, producer is subject to the provisions MONT, W. VA., GIBSON -MINE, PITTSBURGH SEAM, This order shall become effective Feb- of § 1340.215 and all other provisions of MJINE INDEX No. 2103, MARION COUNTY IV VA., ruary 14, 1945. Maximum RAIL SHIPPING POINT, RINGMONT, IV VA., DEEP Price Regulation No. 120. MINE, MAXIMUM TRUCK PRICE GROUP NO. 3 SALT LICK COAL Co., NEW LEXINGTON OIO, SALT LICK #1 MINE No 6 SEAM, MIINE INDEX No. 4093, PEIRRY COUNTY, OHIO SUBDISTRICT 5, STIa MfINE, PRICE CLASSIICATION: FREIOHT ORIGIN DISTRICT HOCKING, RAILIIOAD Price classification-_,.'_DE DE IDE IDF Dr FUEL PRICE dROUP No. 102, RAIL SHIPPING POINT: SIIAWNEE, Ohio Rail and river shipment and railroad fuel------285 260 270 '250 1240 Truck shipment ...- 3...... 10 310 285 275 265 Size group Neg. 0. H. GROVES & Co., 406 UNION BANK BLDG., CLARKS- BURG, W. VA., MILLIE 01 MINE, PITTSBURGH SEAM, 1 2 3 4 5 6 7 8 0 10 11 12 MINE INDEX No. 2100, HARRISON COUNTY W VA., RAIL SHIPPING POINT, LOST CREEE., W. VA., STRIP MINE, MAXIMUM TRUCK PRICE GROUP No. 3 Rail shipment and railroad fueL,... 31 348 30 305 805 275 2560 245 275 245 .... 275 Truck shipment ------85 355 345 320 816 265 230 220...... Price classification-FFF-F-F Rail shipment and railroad I fuel ------2755 260 250 240 MATHENY COAL CO., CIORALPH IATHENY, BOX 637, SUGAR GROVE OHIO MATIIENY COAL Co. MiIr, No. 7 Truck shipment------310 310 295 275 265 SEA., MINE INDEX No. 4112, ATHENS COUNTY, OHIO SUBDISTRICT 5,9TRIP MINE, PRICE CLASSIFICATION: FREIGOT ORIGIN DISTRICT HOCEING,RAILROAD FUEL PRICE FROUP No. 104, RAIL SHIPPING POINT: MURRAY CITY, 01110 'MILLZERCOAL CO., % S. M. MILLER, ROUTE #1, BUCK- Rail shipment and railroad fuel ..... m 345 = 3I=5 275 55 245 275 2. 27 VANNON, IV. VA., No. 7 mINE,REDSTONE SEAM, Truck shipment ------.36 36 W 82 1 6 3 2 ...... ! .... ::}... MINE INDEX No. 2108 UPsIIUR COUNTY4 W VA., RAIL SHIPPING POINT, BUCM ON, W. A., DEEP AMINE,MAXIUSI TRUCE PRICE GROUP No. 3

Prica clsssiiction-F--- F H FF TRE PEACOCE COAL Co., POMEROY, OHIO, LUCEY §2 MINE, NO.8 SEAM, MINE INDEX NO.4083, MEIGs COUNTY, OHIO, SUBDISTRICT 0, DEEP MINE, PRICE CLASSIJICATIO : FREIGHT ORIGIN DISTRICT POMEROY, RAILROAD FUEL i""')'ipment and railroad PRICE GROUP SHIPPING f~r------251275 250 25 240 NO. 110, RAIL POIN" RUTLAND, OHIO 330 310 285 276 261

t If the Sulphur content is 1.35% or less the applicable allsipment...... 32825 28 285 276 245 2 .0 I 201 inaximum price for rail or river shipments including Railroad fuel ...... I 335 326 285 285 285 275 245 245 250 ...... 270 railroad fuel, for Eizo Group No. 4 is 265 and for Size Truck shipment ...... 380 370 60 33 330 265 205 205...... Group No. 5 Is 270. FEDERAL REGISTER, Thursday, February 15, 1915 1923

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MILLER & DAVIS COAL CO., JrAcKsOI, KY., MuILLER & DAVIS #3 MINE, HAZARD f4 SEAM, MIuNE INDEx No. 7290, to the provisions of § 1364.452 (r) of Brcathitt County, KY., SUBD1STRIC 3, RAIL SIPPING POINT, 3ACEsox, KY., P. 0G.100, DEEP MINE, MAXIMUM TRUCE PRICE Goup No. 5 Revised Maximum Price Regulation No. 169; It is hereby ordered: Siwegroup Nos. (a) That the maximum selling price for "Bonnie Buttered Beef" produced and sold by Bonnie Butter Products Company, 1 2 8 4 5 6 7 8 9 10 6,1718 19 20,21 St. Louis, Missouri, shall be 37 cents per pound, f. o. b. the seller's place of busi- Pricoclassiication ------M M M M N N M K H K _F M M M Railshipment------350 350 345 345 320 315 310 295 295 340 295 265 260 255 ness. Bonnie Butter Products Company, Railroadfuel ------350 350 345 345 320 315 310 310 310 840 295 265 260 255 St. Louis, Missouri, is permitted to sell Truck shipment ------3 50 335 335 320 295 260 255 ------this item to purveyors of meals (defined in § 1364.455 (b) (2) of Revised Maximum RICHARDSON MINING CO., 1911 WASHINGTON AVE., HUNTINGTON, W VA., RICHARDSON MINE NO 5 BLOCK SEAM' MINE INDEX No. 7297, WAYNE COUNTY, W. VA., SUBDISTRICT 8, RAIL SHIPPING POINT, EtAST LYNN, W. VA. Price Regulation No. 169) and to inter- F. 0. G. 130, DEEP MINE, MAXInU I TRUC PRICE GROUP No. 5 mediate distributors for resale to pur- veyors of meals. The authorized max- Prico classification. ------. Q 1 Q, Q 0 0 L L 13 L I G M [M imum selling price for the specialty steak Rail shipment------330 325 320 320 310 300 310 295 290 340 295 265 260 255 product sold under the brand name "Bon- Railroad fuel------...330 325 320 320 310 310 310 310 310 340 295 25520 255 Truck shipment...... 350 350 335 335 320 5 260 255...... nie Buttered Beef" is applicable only where the.meat Item is processed in ac- WOOTEN COAL CO., WOOTEN KT., WOOTEN MINE, HAZARD #4 SEAMI, MINE INDEx No. 7281, LESLIE COUNTY, cordance with the method ,described in KY., SUBDISTRICT 0, RAIL MffINO POINT, COMBS, Ky., F. 0. G. 100, DEEP MINE, MAXIMUM TRUCE PRICE the application of the Bonnie Butter GOUP NO. 6 Products Company, requesting such max- imum price. Prico lassillation ...... K K KK-3-3-HI E l D K K K (b) Bonnie Butter Products Company, Rlail shipment and railroad fuel- 380 37 3 I 3651 34601350 33 325 1 32 60 35 300 295 295 Truck shipment...... ---350 340 &~ 35= 320 295 260 255 ------.. St. Louis, Missouri, shall not sell or de- liver to purveyors of meals and/or to in- This order shall become effective Feb- (b) The maximum prices for sales by termediate distributors for resale to pur- ruary 14, 1945. resellers of the machines listed in para- veyors of meals during any three-month graph (a) shall be determined as fol- period beginning Octobdr 1, January 1, (56 Stat. 23, 765, 57 Stat. 566; Pub. Law lows: The reseller shall deduct from the April 1 and July 1, a total volume by 383, 78th Cong., E.O. 9250, 7 FR. '871, list price set' forth in paragraph (a) all weight of "Bonnie Buttered Beef" in ex- E.O. 9328, 8 FR. 4681) discounts, allowances and other deduc- cess of 07,500 pounds, except that for Issued this 13th day of February 1945. tions that the reseller had in effect to a the period beginning on the effective date purchaser of the same cass just prior to of this Order and terminating on March JAMES F. BROWNLEE, the issuance of this order. 31, 1945 Bonnie Butter Products Com- Acting Administrator (c) The T. L. Smith Company shall pany of Missouri shall limit its sales of [F. R. Doc. 45-2507; Filed, Feb. 13, 1945; give written notification of the provi- "Bonnie Buttered Beef" to a volume by 11:09 a. m.] sions of this order to resellers of the weight not exceeding an average of machines listed in paragraph (a) 5,625 pounds per week. (d) Within thirty days after the is- (c) Bonnie Butter Products Company, suance of this order, The T. L. Smith St. Louis, Missouri shall supply each [MPR 136, Order 406] Company shall file with the Office of purveyor of meals upon his initial pur- chase of "Bonnie Buttered Beef" with T. L. SisTm Co. Price Administration, Washington, D. C., a copy of the written notification re- a written notice In the following form: DETERMINATION OF MAXnMuM PRICES quired by paragraph (c) NOTICE TO PURVEYOa or' MEALS Order No. 406 under Maximum Price (e) All requests not granted herein are The Office of Price Administration has by Regulation 136, as amended. Machines dened. order, authorized Bonnie Butter Produotq and parts, and machinery services. The (f) This order may be revoked or Company of Missouri to sell "Bonnilo But- T. L. Smith Company. Docket No. 6083- amended by the Price Administrator at tered Beef" to purveyors of meals for not any time. more than 37 cents per pound, f. o. b. our 136.25a-154. place of business at St. Louis, Missourl For the reasons set forth m an opinion This order shall become effective Feb- issued simultaneously herewith and filed ruary 15, 1945. (d) The maximum price for sales to with the Division of the Federal Register, purveyors of meals of "Bonnie Buttered and pursuant to § 1390.25a of Maximum Issued this 14th day of February 1945. Beef" by any intermediate distributor Price Regulation 136, as amended; It is JAMES F BROWNLEE, shall be 37 cents per pound f. o. b. the ordered: Acting Administrator seller's place of business. (a) The maximum prices for sales by (e) Bonnie Butter Products Company, The T. L. Smith Company, Milwaukee, IF. H. Doe. 45-2552; Filed, Feb. 14, 1945; St. Louis, Missouri shall supply each such Wisconsin, of the machines listed below 11:41 a. m.] intermediate distributor (any person shall be determined as follows: The who purchases from Bonnie Butter Prod- manufacturer shall deduct from the fol- 72] ucts Company for resale purposes) upon lowing list prices all discounts, allow- [R3PR 169, Order his initial purchase of "Bonnie Buttered ances and other deductions that he had BoNNIE BUTTER PRODUCTS CO., ET AL. Beef" with a written notice In the fol- In effect to a purchaser of the same class ESTABLISHMEN OF MAXIMUM PRICES lowing form: on October 1, 1941. On November 29, 1944, Bonnie Butter NOTICE TO DISTRIBUTORS OF BONNIE BUTsnm Machine Products Company, 8144 Olive Street BEEP 3ya-S Model 386 Smith tilting mixer Road, St. Louis, Missouri, filed an appli- The Office of Price Administration has, by with feed chute: of a maxi- order, authorized Bonnie Butter Products Code: List price cation for the determination Company, St. Louis, Missouri to sell "Bonnie Abate ------230.00 mum selling price for its "Bonnie But- 'Buttered Beef" for not more than 37 cents Abbey ------312.00 tered Beef." per pound to purveyors of meals and to Abyss ------. 312.00 Due consideration has been given to intermediate distributors who purchase this Acorn ------347.00 the application and an opinion in sup- item for resale to purveyors of meals. Bon- 14-S Smith non-tilting mixer port of this Order has been issued simul- nie Butter Products Company is permitted Model 385 on trucks with charg- taneously herewith and filed with the to sell this Item to you at a discount but you Ing chute, automatio steering Division of the Federal Register. For the must resell it to purveyors of meals and you rpring mounted axles: Code: reasobs set forth in the opinion, under must observe the same maximum price per- Label ------1,261.00 authority vested in the Price Administra- mitted Bonnie Butter Products, Company, Labor ------1,726.00 tor by the Emergency Price Control Act 1. e., 37 cents per pound f. o. b. your place Lacky ------1,775.00 of 1942, as amended, and Executive of business. You are furthermore required Ladle ------1, 897. (0 Orders Nos. 9250 and 9328, and pursuant to advise each purveyor of meals maling his FEDERAL REGISTER, Thursday, February 15, 1915 19-973 initial purchase of "Bonnie Buttered Beef" (b) The maximum net prices for sales Deccriptfon of the maximum price established forsales by any person of unplated, unpolished per linear yard of this product. brass fittings and trimmings manufac- 32/33" 44 x 40 6.15 printed sheet- (f) Not later than the tenth day fol- tured by The Beaton and Corbin Manu- ing, Hiddla Pattern. coated with Ranger Company's "D" lowing each three-month period ending facturing Company of Southington, fknish (pyroxylin) C0.81525 December 31, March 31, June 30, and Connecticut, which were delivered or September 30, Bonnie Butter Products offered for delivery by such person (b) 'With or prior to the first delivery Company shall submit a statement to the during March 1942, shall be the highest to any person other than a cutter of Of-ace of Prce Admnistration, Washing- net prices for which each seller delivered, the fabric covered by this order, the ton, D. C., showing the total volume of or if he did not deliver for which he seller shall notify such person in writ- "Bonme Buttered Beef" sold to purveyors offered for delivery, the identical un- ing that the maxinum price for any re- of meals and to intermediate distributors, plated, unpolished brass fittings and sale of this fabric is that set forth in (a) separately itemized, for each such three trimmings during March 1942. above. month period, setting forth the name (c) All sellers shall extend or render (c) All provisions of Maximum Price and address of each such distributor. In discounts, allowances and services at Regulation No. 478 not inconsistent with the event that such statement i filed least as favorable as those which each this order shall apply to sales covered on or before the date specified, this orded seller extended or rendered or would by this order. shall be subject to revocation. After the have extended or rendered to purchasers (d) This order may be revoked or tenth day following any such three- of the same class on comparable sales amended by the Price Administrator at month period, Bonnie Butter Products of similar commodities during March any time. Company of Missouri shall not sell or de- 1942. This order shall become effective Feb- liver "Bonnie Buttered Beef" until such (d) The maximum prices for sales on statement has been submitted to the ruary 15, 1945. Office of Price Administration, Washing- an installed basis of the commodities Issued this 14th day of February 1o45. ton, D. C. covered by this order shall be deter- mined in accordance with Revised Maxi- CHESTEa Bovwss, (g) All prayers of the application not Admm.istrator. herein granted are denied. mum Price Regulation No. 251. (h) This Order No. 72 may be revoked (e) The Beaton and Corbin Manufac- IF. R. Dc. 45-2551; FIled, Feb. 14, 1945- or amended by the Price Admin,strator turing Company, shall notify in writing 11:44 a. 1.l at any time. each of its purchasers at or before the This Order No. 72 shall become effec- time of the first invoice after the effec- tive February 15, 1945. tive date of this order of the maximum I2PR 528, Order S0] prices established by this order for The Issued this 14th day of February 1945. Beaton and Corbin Manufacturing Com- GOODYEAR TIR AND RuRMx CO. CxESTER BOWLES, pany on sales to such purchasers, and the AUTBoUIZA7IU OF !XAXIU1ZU PRICES Admuntstrator. maximum resale prices established for For the reasons set forth in an opinion IF. R. Doe. 45-2553; Filed, Feb. 14, 1945; such purchasers. issued simultaneously herewith and filed 11:41 a. in.] (f) This order may be revoked or with the Division of the Federal Regis- amended by the Price Administrator at ter, and pursuant to Appendix A (d) of any time. Maximum Price Regulation 528; It zs This order shall become effective Feb- ordered: [MPR 188. Order 3397] (a) The maximum retail ruary 15, 1945. price for the BEAToN AN CoRmnm MANUFACTUING Co. following synthetic special purpose tubes Issued this 14th day of February 1945. made by the Goodyear Tire and Rubber AUTHOMTION OF LiAxU5 PRICES CHES= BOWLES, Company of Akron, Ohio, shall be as For the reasons set forth in an opinion Administrator follows: issued simultaneously herewith and filed Lifeguard Special Purpose Tubes with the Division of the Federal Regis- IF. R. Doe. 45-2554; Filed. Feb. 14, 1945, 11:41 a. in.] 6.-168------$10.35 ter, and pursuant to § 1499.158 of Maxi- O.25/6.50-1 .....------. 12.15 mum Price Regulation No. 188; It is T.C D--1.... 12.25 ordered. -12.40 (a) The maximum net prices for [LEP 478, Order 137] (b) All provisions of Maximum Price sales by any person of unplated, un- REST WEL PRODUCTS Regulation 528 not inconsistent witli this polished brass fittings and trmmigs- AUTHORIZATION OF IIAXIIU- brder shall apply to sales covered by this manufactured by The Beaton and Corbin PRnICEs order. Manufacturing Company of Southmg- For the reasons set forth In an opinion (c) This order may be -revoked or ton, Connecticut, which were not de- Issued simultaneously herewith and filed amended by the Office of Price Adminis- livered or offered for delivery by such with the Division of the Federal Regis- tration at any time. person during March 1942, shall be 85 ter, and pursuant to section 10 of Maxi- This order shall become effective Feb- percent of the highest net prices for mum Price Regulation No. 478, It is or- ruary 15, 1945. which each seller delivered or offered dered: for delivery durilig March 1942 the iden- (a) The maximum price for sales of Issued this 14th day of February 1945. tical chrome plated brass fittings and the following coated fabric, converted JAZIS F. Bsowxrr- trnmmings manufactured by The Beaton by Rest Wel Products, 576-8 Bristol Acting Adminmstrator. and Corbin Manufacturing Company of Street. Brooklyn 12, New York, shall be [P. .. Doc. 45-25,4; Filed, Feb. 14, 1945; Southington, Connecticut, as followst 11:45 a. m.]